Stay or Go??

[Meefsgirl 0]

I'm Australian and I married an American and I'm here in the States on a 1 year visa. I've heard it can take months before the petitioning in the States is done on the K3. So, my question is, is it legal or okay for us to start the petitioning while I'm here and when the US immigration sends my case to the Embassy in Sydney and they send documents to my address down there... is it okay for me to return to Australia then? Or, do I have to leave here as soon as we start the whole process?

I have an extension of stay until next March. I was thinking of starting the petitioning in December this year or January next year.

Thanx...

[pushbrk 12,822]

I'm Australian and I married an American and I'm here in the States on a 1 year visa. I've heard it can take months before the petitioning in the States is done on the K3. So, my question is, is it legal or okay for us to start the petitioning while I'm here and when the US immigration sends my case to the Embassy in Sydney and they send documents to my address down there... is it okay for me to return to Australia then? Or, do I have to leave here as soon as we start the whole process?

I have an extension of stay until next March. I was thinking of starting the petitioning in December this year or January next year.

Thanx...

Just don't overstay your visa. Otherwise, file the petition when you're ready. I'd stick with the I-130 though and skip the K3. At least consider carefully first.

Were you already here when you decided to marry? If so, no visa is needed. Just adjust status and stick around.

Edited October 30, 2007 by pushbrk

[Dakine 26]

I'm Australian and I married an American and I'm here in the States on a 1 year visa. I've heard it can take months before the petitioning in the States is done on the K3. So, my question is, is it legal or okay for us to start the petitioning while I'm here and when the US immigration sends my case to the Embassy in Sydney and they send documents to my address down there... is it okay for me to return to Australia then? Or, do I have to leave here as soon as we start the whole process?

I have an extension of stay until next March. I was thinking of starting the petitioning in December this year or January next year.

Thanx...

Just don't overstay your visa. Otherwise, file the petition when you're ready. I'd stick with the I-130 though and skip the K3. At least consider carefully first.

Were you already here when you decided to marry? If so, no visa is needed. Just adjust status and stick around.

DITTO

[Meefsgirl 0]

I'm Australian and I married an American and I'm here in the States on a 1 year visa. I've heard it can take months before the petitioning in the States is done on the K3. So, my question is, is it legal or okay for us to start the petitioning while I'm here and when the US immigration sends my case to the Embassy in Sydney and they send documents to my address down there... is it okay for me to return to Australia then? Or, do I have to leave here as soon as we start the whole process?

I have an extension of stay until next March. I was thinking of starting the petitioning in December this year or January next year.

Thanx...

Just don't overstay your visa. Otherwise, file the petition when you're ready. I'd stick with the I-130 though and skip the K3. At least consider carefully first.

Were you already here when you decided to marry? If so, no visa is needed. Just adjust status and stick around.

DITTO

Thank you for the replies.. , so that appears to me to be saying it's okay for me to stay here in the States until the NOA2 is approved?

I need to ask another question or two, so I'll give a bit of background first...

My husband and I were married in October 2006 while I was on the three month visa waiver. At the end of the three months I went back to Australia to begin the immigration process.

My husband has had an ongoing illness for twelve years now, and when I returned to Oz he became so sick he couldn't do the paperwork for the petitions, and after three months he became deathly ill so I applied for and received a twelve month visa to come back.

When I crossed the border at Los Angeles I was stamped six months and told to reapply for the other six months (and pay more money!). I've reapplied and got the other six months, but in all this time my husband has had major health problems to the point he is clinically blind at the moment, though it 'may' get better. Hopefully it will. But I still have to leave in mid March whether he's better or not. So, I was thinking that getting the process going possibly next month (November) we could get that NOA2 just before or about the time I return to Oz (next March) and that would be less time I would be away from him.

Question: Is it possible for me to stay here and do the process on a hardship clause? Is there any information in this site about it? Is it a safe way of doing it in this situation?

If my husband is not much better before I go he not only will need home help he may end up in a nursing home as there is only his very elderly parents to look after him.

Thank you for your help...

Edited October 30, 2007 by Meefsgirl

[pushbrk 12,822]

I'm Australian and I married an American and I'm here in the States on a 1 year visa. I've heard it can take months before the petitioning in the States is done on the K3. So, my question is, is it legal or okay for us to start the petitioning while I'm here and when the US immigration sends my case to the Embassy in Sydney and they send documents to my address down there... is it okay for me to return to Australia then? Or, do I have to leave here as soon as we start the whole process?

I have an extension of stay until next March. I was thinking of starting the petitioning in December this year or January next year.

Thanx...

Just don't overstay your visa. Otherwise, file the petition when you're ready. I'd stick with the I-130 though and skip the K3. At least consider carefully first.

Were you already here when you decided to marry? If so, no visa is needed. Just adjust status and stick around.

DITTO

Thank you for the replies.. , so that appears to me to be saying it's okay for me to stay here in the States until the NOA2 is approved?

I need to ask another question or two, so I'll give a bit of background first...

My husband and I were married in October 2006 while I was on the three month visa waiver. At the end of the three months I went back to Australia to begin the immigration process.

My husband has had an ongoing illness for twelve years now, and when I returned to Oz he became so sick he couldn't do the paperwork for the petitions, and after three months he became deathly ill so I applied for and received a twelve month visa to come back.

When I crossed the border at Los Angeles I was stamped six months and told to reapply for the other six months (and pay more money!). I've reapplied and got the other six months, but in all this time my husband has had major health problems to the point he is clinically blind at the moment, though it 'may' get better. Hopefully it will. But I still have to leave in mid March whether he's better or not. So, I was thinking that getting the process going possibly next month (November) we could get that NOA2 just before or about the time I return to Oz (next March) and that would be less time I would be away from him.

Question: Is it possible for me to stay here and do the process on a hardship clause? Is there any information in this site about it? Is it a safe way of doing it in this situation?

If my husband is not much better before I go he not only will need home help he may end up in a nursing home as there is only his very elderly parents to look after him.

Thank you for your help...

I'm saying you can stay until your I-94 says you have to go. As for hardship filing, I'd consult an attorney or make an infopass appointment with USCIS locally.

[Meefsgirl 0]

I'm saying you can stay until your I-94 says you have to go. As for hardship filing, I'd consult an attorney or make an infopass appointment with USCIS locally.

Thanks for the info, pushbrk!

[Meefsgirl 0]

I'm saying you can stay until your I-94 says you have to go. As for hardship filing, I'd consult an attorney or make an infopass appointment with USCIS locally.

Hi pushbrk,

I tried to apply for INFOPASS for this area online and was given a message that Chicago doesn't do interviews anymore.

So, I phoned the immigration dept and talked to an officer (I think he was an officer) and gave him all our details. That is, that my 1-94 says I have to go back to Australia in March, but after talking to him he suggested I start the I-130 now while I'm here (and while there is another four months left on my visa)) and that I wouldn't have to go back to Australia until the process was complete and that we may be able to get it expedited. He said because I've been his carer all this time and he can't read or write because he's clinically blind, that they wouldn't make me go back in March...

However, I don't know whether to trust that advice or not. There is no provision in the I-130 for me to share the details of my husband being so ill and blind and that I'm being his carer, and, this question is asked in the I-130...

If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American Consulate in:

What if I'm NOT eligible for adjustment of status while I'm here on a B2 visa for any reason?

The officer made out that if I start the process now I wouldn't have to go.... I guess I should phone them again and see if another officer tells me the same thing...

[Meefsgirl 0]

PS.... Or.. should I simply ask for another extension of stay while the I-130 is in process?

[Singers 0]

Once you file for adjustment of status, you have a legal status in the US. You will not need to file for an extension of your visa.

If you have no criminal history, any previous overstays or immigration violations you will be eligible to adjust status in the US. When you go to the interview (which you will probably have since you're adjusting from a tourist visa) the officer will ask you, why did you decide to stay? You have a justifiable reason. (bring medical records etc as proof.)

If you would like reassurance, consult with an immigration attorney (approx $100).

[Kez/JWolf 6]

PS.... Or.. should I simply ask for another extension of stay while the I-130 is in process?

Meefsgirl please please read this link http://www.visajourney.com/forums/index.ph...page=i130guide2

You do nt have to go anywhere you just need to file for I-130 & AOS, once those are filed with USCIS you are allowed to remain in the US even when your I-94 has expired..... you have enough thing to worry about with your husbands health... you dont need to be returning to OZ when there is no reason to....

Kez

[Meefsgirl 0]

Thank you so much, Singers and Kezzie.. you have both reassured me.

I'll be checking out the link you gave me, Kezzie, and if I have anymore questions I'll be sure to ask...

[Meefsgirl 0]

Kez,

I checked right through the packages and have a question or two... they probably have obvious answers, but still...

With the Form I-485, in my case should I apply as 'other' as basis for eligibility and give them a short rundown of our history, and maybe include photocopied medical and eye doctor's certificates? I can't see how I can apply for any of the other eligibilities in the form.

With the Medical Examination, does the dept let you know when to get the exam done or is it a guessing of when I ought to have it done?

Also, how does one have an Affidavit done in the US?.. my husband hasn't had much experience with them.

Any advice you can give is appreciated..

[Kez/JWolf 6]

Kez,

I checked right through the packages and have a question or two... they probably have obvious answers, but still...

With the Form I-485, in my case should I apply as 'other' as basis for eligibility and give them a short rundown of our history, and maybe include photocopied medical and eye doctor's certificates? I can't see how I can apply for any of the other eligibilities in the form.

With the Medical Examination, does the dept let you know when to get the exam done or is it a guessing of when I ought to have it done?

Also, how does one have an Affidavit done in the US?.. my husband hasn't had much experience with them.

Any advice you can give is appreciated..

You need to pick... a) an immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

Yopu need to go to a USCIS approved civil surgeon and have a medical done..... go here to find one near you. https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV shop around as the price varries also read http://www.uscis.gov/i-693 it explains what you need to have done....

Here is the link to the instructions for filling out the Affidavit of support http://www.uscis.gov/i-864

Hope this helps

Kez

[Meefsgirl 0]

Kez, I'm not understanding this...

a) an immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

I don't have an approval notice or any of the others. All I have is an extension to stay until March 2008. I'm sending the I-130 at the same time as the AOS. There's nothing else.

Sorry I didn't give enough info about the Affidavit... with the I-130 we now have to show proof that we are still married and together. They want us to show either joint accounts, mortgage, rent etc, or, an Affidavit from someone we know who will declare we are still together as a married couple. We don't have any of the former.

Sorry to be such a thickhead...

[Meefsgirl 0]

*Bump