AUGUST I-130 PETITIONS!!

[MsSheka 0]

Wow, can't help you with that one. Not to sound like a downer, but I would think living in another country illegally would come back to bite you in the butt when you try to get a green card. Can she apply for a Resident Card now?

Finn I second that because the laws of this world changes so often that you never know what's going to be the outcome

She can apply for her Resident Card, but it can take longer than 2 years..... I really do not want to wait 2 whole years!!!!!! THIS WHOLE PROCESS SUCKS!!!!!!!!!!!!!!!

Never in a million years I would have thought that it would be this difficult to get MY WIFE here in this country. Sorry to sound negative, but this whole experience has not been fun!!!!

Chance

Durdin, i am so sorry i checked all my resources and no progress unless she has a permanent resident card or she's there legally

Edited September 3, 2009 by MsSheka

[mlybrand 0]

Durdin, you do need to be cognizant of the fact that you have a very difficult situation. Your wife is living in another country illegally. Whatever the reasons for that are, it is a fact nonetheless. It does not seem surprising to me that it would cause you many challenges, and I am a little surprised that you seem to feel differently. If I were in your shoes, faced with such difficulties, I believe that I would locate an attorney who can help you with this situation. Even if she were to return to Bolivia, I bet the US is still going to require a police certificate from Spain. Also, the US will require police certificates from the other countries she has lived in. I would urge you to post your queries to Europe/Eurasia board and see if some Spain-affiliated people can guide you better (especially cluing you in to what kind of legal resources may be available to you).

Other things that occur to me:

1. Have you considered going to Spain and being with her while this gets sorted out? (I realize that circumstances may make this difficult or impossible).

2. Have you at least begun the process of requesting the resident card? (The two years won't start counting down until you do, so each day you wait is another day you tack on).

3. Have you considered going together to Bolivia? (see #1)

I am not sure what other options you have at this point. I do wish you the best of luck.

Mark

[MsSheka 0]

Durdin, you do need to be cognizant of the fact that you have a very difficult situation. Your wife is living in another country illegally. Whatever the reasons for that are, it is a fact nonetheless. It does not seem surprising to me that it would cause you many challenges, and I am a little surprised that you seem to feel differently. If I were in your shoes, faced with such difficulties, I believe that I would locate an attorney who can help you with this situation. Even if she were to return to Bolivia, I bet the US is still going to require a police certificate from Spain. Also, the US will require police certificates from the other countries she has lived in. I would urge you to post your queries to Europe/Eurasia board and see if some Spain-affiliated people can guide you better (especially cluing you in to what kind of legal resources may be available to you).

Other things that occur to me:

1. Have you considered going to Spain and being with her while this gets sorted out? (I realize that circumstances may make this difficult or impossible).

2. Have you at least begun the process of requesting the resident card? (The two years won't start counting down until you do, so each day you wait is another day you tack on).

3. Have you considered going together to Bolivia? (see #1)

I am not sure what other options you have at this point. I do wish you the best of luck.

Mark

Mark i agree , i would try to get it resolved before the certificate is actually required because then you won't have much time to correct the issue.

[Bern. 3]

Ouch, I hope it all goes well...good luck.

[Durdin 0]

Durdin, you do need to be cognizant of the fact that you have a very difficult situation. Your wife is living in another country illegally. Whatever the reasons for that are, it is a fact nonetheless. It does not seem surprising to me that it would cause you many challenges, and I am a little surprised that you seem to feel differently. If I were in your shoes, faced with such difficulties, I believe that I would locate an attorney who can help you with this situation. Even if she were to return to Bolivia, I bet the US is still going to require a police certificate from Spain. Also, the US will require police certificates from the other countries she has lived in. I would urge you to post your queries to Europe/Eurasia board and see if some Spain-affiliated people can guide you better (especially cluing you in to what kind of legal resources may be available to you).

Other things that occur to me:

1. Have you considered going to Spain and being with her while this gets sorted out? (I realize that circumstances may make this difficult or impossible).

2. Have you at least begun the process of requesting the resident card? (The two years won't start counting down until you do, so each day you wait is another day you tack on).

3. Have you considered going together to Bolivia? (see #1)

I am not sure what other options you have at this point. I do wish you the best of luck.

Mark

Mark,

When she moved to Spain, all you needed was valid passport. Since living there, Spain changed their laws, now requiring a Resident Card. She currently is in the process, but Spain's laws are apparently very strict. It takes a long time to get the card. She hates the fact that she is currently residing there illegally while going through the long process.. I am having a hard time understanding why this circumstance seems to be a challenge for us. I am an American who chose to marry someone who is not. It is not like she is trying to come to this country to visit, work or even stay illegally. We are married now. It seems to me that since we are married, she should be able to get on a plane and come here. It is very frustrating for me to grasp this whole process... Since she will not be able to get a police check in Spain, do you think it would benefit us for her to move back to her country where she will not be illegal anymore?? Do you think this move would help our chances of her getting her visa approval? Again, I am new to this whole thing, so I have many questions.. Can you tell I'm frustrated??

Thanks in advance

Chance

[mlybrand 0]

Mark,

When she moved to Spain, all you needed was valid passport. Since living there, Spain changed their laws, now requiring a Resident Card. She currently is in the process, but Spain's laws are apparently very strict. It takes a long time to get the card. She hates the fact that she is currently residing there illegally while going through the long process.. I am having a hard time understanding why this circumstance seems to be a challenge for us. I am an American who chose to marry someone who is not. It is not like she is trying to come to this country to visit, work or even stay illegally. We are married now. It seems to me that since we are married, she should be able to get on a plane and come here. It is very frustrating for me to grasp this whole process... Since she will not be able to get a police check in Spain, do you think it would benefit us for her to move back to her country where she will not be illegal anymore?? Do you think this move would help our chances of her getting her visa approval? Again, I am new to this whole thing, so I have many questions.. Can you tell I'm frustrated??

Thanks in advance

Chance

Hi Chance,

I can tell your frustrated, certainly. When I said that I was surprised, it was because the circumstances, to me, seem to have all kinds of obvious pitfalls. Really neither here nor there at this point. You are in a situation that should appear obviously challenging to anyone that hears it. It is not as straightforward in the best of circumstances to bring one's foreign spouse to this country, and that becomes more difficult as more weirdness comes into the picture. (Again not real relevant, but I am curious why she didn't take action when they changed the law... water under the bridge). I hope I didn't give the impression that I was passing judgment; it wasn't my intention (but I had second thoughts about this after posting).

I think you are going to have to get a police clearance for her from Spain, regardless of whether she stays or goes. So, whether it is a good idea to return to her home country would depend on the circumstances (for example, if she is in Bolivia and requests a police certificate from Spain for the time she was there, does the Spanish government take a different stance because she is no longer resident).

If this were me, I think I would do the following:

1. Start process today to get resident card.

2. Post today in the Europe/Eurasia board for advice and ESPECIALLY for referrals to good/affordable/trustworthy legal assistance in Spain.

3. Contact said legal assistance as quickly as I could.

4. Learn everything I could about what options are available to me (such as the residency issue I raised above).

5. Begin thinking/discussing options with my wife about how move forward in the future if the US becomes (at least for the time-being) not an option.

That is how I would start.

I truly feel for you and would not wish to be in your position. But the best thing you can do is be patient but diligent. Keep plugging away. Try not to get frustrated. Always be polite and composed (boy isn't that hard to do?). And try to get some knowledgeable advice and counsel (I don't think any of us on this thread are really qualified to help much, given your special circumstances).

Again good luck and keep us in the loop. We can give the best guidance we can (which is what I am trying to do).

Mark

[FinnLove 0]

Who here sent the new version of the 325A and sent only one page? Mark, I don't think I ever asked you that!

[mlybrand 0]

Who here sent the new version of the 325A and sent only one page? Mark, I don't think I ever asked you that!

I only sent the one page. I assumed that was in line with the whole paperwork reduction stuff. Plus it was only the guides here that talked about the four copies (which was in line with the older version).

Mark

[so2008 0]

My question is and I am having a hard time getting answer. The USCIS filed my I-130 on 08-04-09 the check went immediately through. Only took 3 days from when I sent it. I have been told I-130 is just as fast as k-3 now by 2 attorneys. What do you guys reccomend. My wife is in Brazil and getting impatient.

I really don't recommend for you to go for K-3, CR-1 is better and worth it since you will not have to do anything about the green card and SSN when your wife arrives here, no hassle on that. I agreed with Paris Heart that last year filers had to wait quite long time on the approval esp for K-3.

It seems you may need to change you Service Center from VSC to CSC. Since CSC was the one who received you application.

[mlybrand 0]

Who here sent the new version of the 325A and sent only one page? Mark, I don't think I ever asked you that!

I only sent the one page. I assumed that was in line with the whole paperwork reduction stuff. Plus it was only the guides here that talked about the four copies (which was in line with the older version).

Mark

BTW, I am betting they image the docs now. That would very much explain why they no longer need multiple copies.

[FinnLove 0]

Cool! People are still saying send in four copies, but hey, we followed directions! We're the guinea pigs...

[MsSheka 0]

Who here sent the new version of the 325A and sent only one page? Mark, I don't think I ever asked you that!

I only sent the one page. I assumed that was in line with the whole paperwork reduction stuff. Plus it was only the guides here that talked about the four copies (which was in line with the older version).

Mark

I sent the old version

[mlybrand 0]

Who here sent the new version of the 325A and sent only one page? Mark, I don't think I ever asked you that!

I only sent the one page. I assumed that was in line with the whole paperwork reduction stuff. Plus it was only the guides here that talked about the four copies (which was in line with the older version).

Mark

I sent the old version

That's no prob, MsSheka. Instructions say specifically that previous versions are accepted. You're fine....

Mark

[MsSheka 0]

Who here sent the new version of the 325A and sent only one page? Mark, I don't think I ever asked you that!

I only sent the one page. I assumed that was in line with the whole paperwork reduction stuff. Plus it was only the guides here that talked about the four copies (which was in line with the older version).

Mark

I sent the old version

That's no prob, MsSheka. Instructions say specifically that previous versions are accepted. You're fine....

Mark

Ok thanks Mark my dad was saying that too so i'm not really worried

[FinnLove 0]

Ms. Sheka, I forgot to add that my husband's was the old version and mine was the new one!!!! He did his before the new one was online...