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Filed: Other Country: New Zealand
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Posted (edited)

Ok well we are saving now. But I just want to clarify something. When we file which forms do we have to have. I have read soo many pages and forms and such i am now all confused.

So I do know that we have to file the following

I-485 One for me two for the kids at a cost of $2,220 for all three of us.

I-693 Costs $0 to file but need to get the medical done for all three of us (so $600?) If we cant find records of vaccinations what then? Do we need to get them all again? I lost my sons vaccination records in a house fire 7 years ago. Both children and myself are vaccinated but I highly doubt I can get copies of his and probably mine now.

I-765 Costs $0 to file if I file this alongside my I-485 correct? and can I also file for this for my son who is 13 and will want to work soon enough?

G-325a Costs $0 to file correct?

I-864 Costs zero to file correct? and has to be filled in 3 times?

Now do I have to also file a I-130? and I need 5 copies of each or something?

So all up it will cost me the medical fees of $600 plus $2220 for the I-485 is that right? Can I get the medical done first then save for the rest as long as I file within a year?

and side note it was actually $14000 this year after taxes and materials. (I have way too many numbers in my head lately) and its 16 convictions all over ten years old (one for pot silly teenager behaviour)

Edited by justins wife
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Posted
The only advise anyone from this site can offer you is advice from a layman. Your case is very complex and folks should stay away from offering advise that may hinder or harm this case later. PLease seek professional help for your case, again it seems as if you have added more complications into your case.

Good luck ....

Actually - her case is not very complicated. I have seen cases similar to this get handled by the beneficiary/petitioner with no problems.

The only issue right now is that she is out of status. Forget all the other stuff from NZ - that has no bearing here.

Since she is married to an USC, this overstay will be forgiven (she entered legally, which is all that matters). All that is needed now is that she and her husband apply for their AOS asap, get that NOA (puts here status waiting for adjustment), and then move on from there.

She will just need to come up with the funds for the AOS,(medical, filing fees, etc) and for her husband to show enough income (or get a co-sponsor).

Since, this seems to be your take on this case, with 16 convictions, and none of them spelled out to you... You think her case will be looked at like any other simple case that comes across USCIS desk.

Working without a EAD card..........

Being married to a USC doesn't grant totally forgivenness.... But, I am not looking for a debate here for me, because it is not I who is in this situation, I just don't want VJ's to keep giving out information to make people think that they can just do whatever they want to do, and if they marry a USC all is forgiven. THAT IS SO UN-TRUE.

There are married couple who have filed and they are still separated, and they didn't have as many issues as this poster.

Posted
The only advise anyone from this site can offer you is advice from a layman. Your case is very complex and folks should stay away from offering advise that may hinder or harm this case later. PLease seek professional help for your case, again it seems as if you have added more complications into your case.

Good luck ....

Actually - her case is not very complicated. I have seen cases similar to this get handled by the beneficiary/petitioner with no problems.

The only issue right now is that she is out of status. Forget all the other stuff from NZ - that has no bearing here.

Since she is married to an USC, this overstay will be forgiven (she entered legally, which is all that matters). All that is needed now is that she and her husband apply for their AOS asap, get that NOA (puts here status waiting for adjustment), and then move on from there.

She will just need to come up with the funds for the AOS,(medical, filing fees, etc) and for her husband to show enough income (or get a co-sponsor).

Since, this seems to be your take on this case, with 16 convictions, and none of them spelled out to you... You think her case will be looked at like any other simple case that comes across USCIS desk.

Working without a EAD card..........

Being married to a USC doesn't grant totally forgivenness.... But, I am not looking for a debate here for me, because it is not I who is in this situation, I just don't want VJ's to keep giving out information to make people think that they can just do whatever they want to do, and if they marry a USC all is forgiven. THAT IS SO UN-TRUE.

There are married couple who have filed and they are still separated, and they didn't have as many issues as this poster.

They granted her a visa to visit here in the US, so I take it they don't have an issue with those 16 convictions. Most of the case law I have seen show that overstay, working prior to EAD, usually doesn't affect the process, however, misrepesentation is a big catch all.

That is why I suggested she contact a lawyer, and then they would be able to sort through this case. All in all, I have seen worst cases get through :thumbs:

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted

I-693 Costs $0 to file but need to get the medical done for all three of us (so $600?) If we cant find records of vaccinations what then? Do we need to get them all again? I lost my sons vaccination records in a house fire 7 years ago. Both children and myself are vaccinated but I highly doubt I can get copies of his and probably mine now.

I don't know the costs for medicals - they would include the vaccinations.

I-765 Costs $0 to file if I file this alongside my I-485 correct? and can I also file for this for my son who is 13 and will want to work soon enough?

Correct.

G-325a Costs $0 to file correct?

Correct

I-864 Costs zero to file correct? and has to be filled in 3 times?

Correct - one for each person being sponsored.

Now do I have to also file a I-130? and I need 5 copies of each or something?

A separate form must be filed for each eligible relative

So all up it will cost me the medical fees of $600 plus $2220 for the I-485 is that right? Can I get the medical done first then save for the rest as long as I file within a year?

Depends how long the medical is valid for.

and side note it was actually $14000 this year after taxes and materials. (I have way too many numbers in my head lately) and its 16 convictions all over ten years old (one for pot silly teenager behaviour)

Is this his total income? You would need a co-sponsor. About your convictions, did you disclose them when you applied for your visitors visa?

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Other Country: New Zealand
Timeline
Posted

Since, this seems to be your take on this case, with 16 convictions, and none of them spelled out to you... You think her case will be looked at like any other simple case that comes across USCIS desk.

Working without a EAD card..........

Being married to a USC doesn't grant totally forgivenness.... But, I am not looking for a debate here for me, because it is not I who is in this situation, I just don't want VJ's to keep giving out information to make people think that they can just do whatever they want to do, and if they marry a USC all is forgiven. THAT IS SO UN-TRUE.

There are married couple who have filed and they are still separated, and they didn't have as many issues as this poster.

I see I need to clarify again. I have not ever worked with an EAD card ( I'm assuming that is something to allow me to work here, which I have not done. I am a stay at home mum. I homeschool my children.) Not even sure why that has been brought up since it has never been mentioned. Also my 16 convictions are one for pot and traffic fines, ie: unable to pay fines, speeding tickets fines, unable to pay parking fines. One breach of community service (which means you get another week added to your community service), and one fraud (that's the bad one ..for $200), and all as stated previously are over 10 years ago , actually most are over 15 years ago. None were imprison able offences and all accept two of them were volunteer appearances because i couldn't afford to pay the tickets. Which is all written on my conviction sheet in black and white. Really I feel that this is primarily the issues. Anything else is pretty standard the same as everyone else in this situation.

I love my husband and we have untold amounts of proof that we love each other and are happily married. I have paperwork backing up everything and have been honest from the get go. I didn't expect total forgiveness and I am aware that the convictions are the reason that my case is complex. I have nothing to lose here telling the truth in order to get advice so now all of my convictions are spelled out to you.

Filed: Other Country: New Zealand
Timeline
Posted
Since, this seems to be your take on this case, with 16 convictions, and none of them spelled out to you... You think her case will be looked at like any other simple case that comes across USCIS desk.

Working without a EAD card..........

Being married to a USC doesn't grant totally forgivenness.... But, I am not looking for a debate here for me, because it is not I who is in this situation, I just don't want VJ's to keep giving out information to make people think that they can just do whatever they want to do, and if they marry a USC all is forgiven. THAT IS SO UN-TRUE.

There are married couple who have filed and they are still separated, and they didn't have as many issues as this poster.

I see I need to clarify again. I have not ever worked with an EAD card ( I'm assuming that is something to allow me to work here, which I have not done. I am a stay at home mum. I homeschool my children.) Not even sure why that has been brought up since it has never been mentioned. Also my 16 convictions are one for pot and traffic fines, ie: unable to pay fines, speeding tickets fines, unable to pay parking fines. One breach of community service (which means you get another week added to your community service), and one fraud (that's the bad one ..for $200), and all as stated previously are over 10 years ago , actually most are over 15 years ago. None were imprison able offences and all accept two of them were volunteer appearances because i couldn't afford to pay the tickets. Which is all written on my conviction sheet in black and white. Really I feel that this is primarily the issues. Anything else is pretty standard the same as everyone else in this situation.

I love my husband and we have untold amounts of proof that we love each other and are happily married. I have paperwork backing up everything and have been honest from the get go. I didn't expect total forgiveness and I am aware that the convictions are the reason that my case is complex. I have nothing to lose here telling the truth in order to get advice so now all of my convictions are spelled out to you.

also NZ has a clean slate law. I have met all these obligations. This is where my confusions stems from because I didnt think I had to declare them once my record was wiped.

You must meet all conditions in section 7 of the Act (a summary is set out below) before your convictions can be withheld. The Act should be consulted for full information.

You must have:

* no convictions within the last 7 years;

* never been sentenced to a custodial sentence e.g. imprisonment, corrective training, borstal;

* never been ordered by a Court following a criminal case to be detained in a hospital due to your mental condition, instead of being sentenced;

* not been convicted of a "specified offence" (e.g. sexual offending against children and young people or the mentally impaired);

* paid in full any fine, reparation, or costs ordered by the Court in a criminal case;

* never been indefinitely disqualified from driving under section 65 Land Transport Act 1998 or earlier equivalent provision.

 
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