K-1 Question

[Paul O 0]

Terribly sorry about the non descriptive title, but I really need an answer to this question: My fiancee was taken to the US without gaining citizenship from the time she was 6 to the time she was 17 or 18. I want to know if this is going to cause a problem, since the I-129F states that People who have gone into the US illegally aren't applicable. She was taken without any knowledge of it being illegal, I guess, but I'm still very concerned. If this is a problem, what am I supposed to do? Are there any other options available?

Also, the I-129F asks for a G-325A form. I don't understand how one is to fill that out, as I am a permanent resident and have no Alien Registration Number, and she doesn't have an Alien Registration Number either. Am I missing something?

[payxibka 10,045]

Terribly sorry about the non descriptive title, but I really need an answer to this question: My fiancee was taken to the US without gaining citizenship from the time she was 6 to the time she was 17 or 18. I want to know if this is going to cause a problem, since the I-129F states that People who have gone into the US illegally aren't applicable. She was taken without any knowledge of it being illegal, I guess, but I'm still very concerned. If this is a problem, what am I supposed to do? Are there any other options available?

Also, the I-129F asks for a G-325A form. I don't understand how one is to fill that out, as I am a permanent resident and have no Alien Registration Number, and she doesn't have an Alien Registration Number either. Am I missing something?

Who is the US Citizen here?

[YuAndDan 153]

Was she deported? If she left the USA voluntarily a waiver may be needed.

As for the G-325A No A# available you put "NONE" there, later when adjusting status the forigen sitizen spouse will have an A# from the K-Visa NOA and/or I-94 card, and that number is put on the form then.

The G-325A has many uses so may have lines that don't apply for all uses.

SEE: http://www.visajourney.com/examples/INS-Form-G-325A.pdf (Example above)

Also a permanent resident cannot file for a K-visa anyway, only US Citizens can file for K-visas, An LPR can file for an immigration visa for a wife or husband, and the time to process is much longer than that for a US Citizen.

Edited June 4, 2007 by YuAndDan

[Paul O 0]

Oh, I'm a US citizen, myself. She did leave voluntarily, though. Where would one get a Waiver?

I do have another question: I am between College semesters and am not currently employed (I come home to live with my parents over the summer). Can I use my parents for the Affidavit of Support? Or will I have to wait until I can find a job (The job market down here's pretty bad, unfortunately)?

[Zee Bee 61]

You can use your parents as co-sponsors as long as they meet the 125% poverty guidelines.

Here are the 2007 guidelines (to give you an idea): http://www.uscis.gov/files/form/I-864P.pdf

Good luck!

Zee

Edited June 4, 2007 by ZeeNusah

[YuAndDan 153]

Oh, I'm a US citizen, myself. She did leave voluntarily, though. Where would one get a Waiver?

I do have another question: I am between College semesters and am not currently employed (I come home to live with my parents over the summer). Can I use my parents for the Affidavit of Support? Or will I have to wait until I can find a job (The job market down here's pretty bad, unfortunately)?

Your parents can be used for affidavit of support I-134,

The waiver has to be applied for at the consulate after they get the K-1 case, the waiver is an I-601 http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Or I-212 http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Depending on the situation.

There is a forum about waivers: http://www.visajourney.com/forums/index.php?showforum=113

Edited June 4, 2007 by YuAndDan

[KarenCee 3]

"Also, the I-129F asks for a G-325A form. I don't understand how one is to fill that out, as I am a permanent resident and have no Alien Registration Number, and she doesn't have an Alien Registration Number either. Am I missing something?"

If you are a citizen then you cannot be a permanent resident. Or maybe that's what you meant by calling yourself a permanent resident. It's rather confusing.

[Paul O 0]

Sorry about that, I really should have typed "Citizen." I was indeed born here in the US and have lived here all my life, so that shouldn't be a problem. Thanks for the help, everyone!

Edited June 4, 2007 by Paul O

[Lance27 19]

Maybe what the OP ment was that he is permanently residing in the US? incorrect choice of words since it could mean LPR.

"Also, the I-129F asks for a G-325A form. I don't understand how one is to fill that out, as I am a permanent resident and have no Alien Registration Number, and she doesn't have an Alien Registration Number either. Am I missing something?"

If you are a citizen then you cannot be a permanent resident. Or maybe that's what you meant by calling yourself a permanent resident. It's rather confusing.

[rebeccajo 14]

How long ago did your fiance leave the US?

[Paul O 0]

How long ago did your fiance leave the US?

She left with her mother (Who never bothered to get citizenship for herself or her children) when she was 6, which must have been in 1993 or so. She just returned last year.