Please Help need to do an AOS filing for an Alien.

[Igor&Veronika 1]

Hi Everyone. I ran into the following very tricky situation.

My sister in law, arrived to US on a visitor visa, met some guy who seems to be very sleek, married him and now looking to adjust her status in the US.

Let me explain situation in more details:

1. The guy claims that he has immigrated to the US at 1 year old with his parents he is now 35. He claims that he is still a green card holder and not a citizen of the US while his parents are now citizens....

That brings me to the first question. I did some research and found out that Bill Clinton signed a law in 2000 stating any child of the patent that has been naturalized automatically becomes a citizen. I don't know what was the law in before 2000 with regards to this matter but I think he is lying...

Can anyone supply me with the correct information on the children naturalization process before 2000?

2. He claims that he has started an adjustment of status for my sister in law, "filled some applications online" for himself.... and now waits for approval before he files for her.... That seems a complete bull to me. Since I went thru entire process with her sister 2 years ago with K1 and do posses 1st hand knowledge.

I do not believe that applications can be filed online in any way shape or form. Correct me if I'm wrong....

I did the research on my own. And I believe even if he comes clean the following needs to be done (Please correct me if you know any better):

1. File a Complete I130 package and I485 package.

In addition if his status of Green Card Holder is right, she needs to file for V1-Non Immigrant Visa as soon as she receives a I797 NOA1 notice about her I485.

Please let me know if I got it all Correct if or if anything else needs to be done...

I don't believe this relationship will workout, judging by his behavior, but in order to prove it, we have to make him come clean... It is still unclear to me what his agenda is. But once I have all the facts for the adjustment of status for her situation, it would become petty clear what we as a family should do about him.

Please help us.. I do not want my sister in law to make more mistakes than she already did in this case....

[km24 0]

Hi Everyone. I ran into the following very tricky situation.

My sister in law, arrived to US on a visitor visa, met some guy who seems to be very sleek, married him and now looking to adjust her status in the US.

Let me explain situation in more details:

1. The guy claims that he has immigrated to the US at 1 year old with his parents he is now 35. He claims that he is still a green card holder and not a citizen of the US while his parents are now citizens....

That brings me to the first question. I did some research and found out that Bill Clinton signed a law in 2000 stating any child of the patent that has been naturalized automatically becomes a citizen. I don't know what was the law in before 2000 with regards to this matter but I think he is lying...

Can anyone supply me with the correct information on the children naturalization process before 2000?

2. He claims that he has started an adjustment of status for my sister in law, "filled some applications online" for himself.... and now waits for approval before he files for her.... That seems a complete bull to me. Since I went thru entire process with her sister 2 years ago with K1 and do posses 1st hand knowledge.

I do not believe that applications can be filed online in any way shape or form. Correct me if I'm wrong....

I did the research on my own. And I believe even if he comes clean the following needs to be done (Please correct me if you know any better):

1. File a Complete I130 package and I485 package.

In addition if his status of Green Card Holder is right, she needs to file for V1-Non Immigrant Visa as soon as she receives a I797 NOA1 notice about her I485.

Please let me know if I got it all Correct if or if anything else needs to be done...

I don't believe this relationship will workout, judging by his behavior, but in order to prove it, we have to make him come clean... It is still unclear to me what his agenda is. But once I have all the facts for the adjustment of status for her situation, it would become petty clear what we as a family should do about him.

Please help us.. I do not want my sister in law to make more mistakes than she already did in this case....

1. If he migrated to US, it doesn't mean he'll be automatically be a citizen. He still needs to file for a Citizenship. And I guess he still didn't file one. I knew someone who migrated to US with his family, still he is a permanent resident/greencard holder. He told me he has to wait for 5 years to be able to file for citizenship.

My Fiance also migrated to US with his family. They arrived here as Permanent Residents. So we waited like 5 years for him to become a citizen and for him to petition me. *I'm not sure if this is true, if you marry a Permanent Resident, it will take a while to approve the petition but if the petitioner is a US citizen it will only take like 6 months to process the papers.*

2. I came here with a B2/Visitor Visa and got married with my fiance. We just filed for I-130 which is the petition for alien relative and I-465 Adjustment of Status. We sent it at Chicago Lockbox "not online"!

[Igor&Veronika 1]

Thank you for your reply. It is informative especially the part about :Chicago Lockbox and not Online

When it comes to his residency/citizenship status as I stated before, he came into the country while he was 1 year old he is 35 now. So he an opportunity of 29 years to become a citizen.... At this point in time I'm interested whether the immigration LAW before year of 2000 allowed for a child to become a citizen automatically as soon as one of the parents becomes a citizen.

As I stated before he claims his parents are citizens and he is not which is very flaky in my book.

[km24 0]

Thank you for your reply. It is informative especially the part about :Chicago Lockbox and not Online

When it comes to his residency/citizenship status as I stated before, he came into the country while he was 1 year old he is 35 now. So he an opportunity of 29 years to become a citizen.... At this point in time I'm interested whether the immigration LAW before year of 2000 allowed for a child to become a citizen automatically as soon as one of the parents becomes a citizen.

As I stated before he claims his parents are citizens and he is not which is very flaky in my book.

You're welcome.. You can call the USCIS office to inquire about the law.. 1-800-375-5283 you can talk to the operator during office hours..

Edited October 14, 2009 by km24

[sasaqlain 24]

I wouldn't be surprised if this guy is equally cautious about his relationship with your sister-in-law. Even if you are right about the law/Bill he still had to apply for it to qualify. But I don't believe that any person on this land who has or had an oppertunity to become a citizen would let it pass or delay it this long.

He has to file for I-130 for her and she has to file for I-485. It can be done seperately or concurrently and submitted to Chicago Lockbox. If he is telling the truth and not a citizen then I dont think she can adjust status and pretty soon will be out of Status. One more thing, if they are living together, I don't think its difficult for her to find out whether he is a Citizen or not. I mean, I have access to all my wife's documents.

[Chica Yeyé 41]

I don't know about the citizenship part; but there is no such thing as online submissions for this kind of process. He is full of #######.

[Alice 0]

There is NO on-line submission for any process like that .

He should submit I-485.I-130 . I-864 etc forms for her along with piles of supporting documents and all these documents ( package ) should be sent to Chicago Lockbox.

[visacheck 3]

My wife lived in the US since she was 9 and was a Permanent Resident for 20 years. I dont see anything wrong with not applying for citizenship if there is no need to.

You said the guy is claiming that he is a permanent resident and not a USC yet, arent you supposed to be happy because he is telling the truth?! He could have easily told your sister in law that he is a USC and he could get her residency in about 6 months.... but he didnt.

When he said he "filled applications online" he could have meant downloaded the N400 form at USCIS website, FILLED out the form and printed it. He never said he FILED or SUBMITTED it online did he? FILLED and FILED are two different things. He also said he is waiting for approval before filing for your sister in law. He prolly meant he is waiting for the approval of N400 to become a citizen and then file or I-130 and I-485.

If i may just ask, why is this guys Citizenship or LPR status even an issue?! Your sister in law is marrying him because she loves him right? and not because of anything else?

[Brother Hesekiel 2,236]

It is not possible to adjust status from a B2 to immigrant within the US when the petitioner is not a USC. But even if he were a USC (which he claims he's not), there's still the issue with suspected immigration fraud. If your sister married the Gentleman within the first 30 days of her visitor's visa, all lights are on RED now. If she waited until at least day 31 (which you didn't reveal), it's easier.

But again, if he's not a USC, there's no way to pull that off. What I would do if first is look at his Green Card, in person.

[km24 0]

It is not possible to adjust status from a B2 to immigrant within the US when the petitioner is not a USC. But even if he were a USC (which he claims he's not), there's still the issue with suspected immigration fraud. If your sister married the Gentleman within the first 30 days of her visitor's visa, all lights are on RED now. If she waited until at least day 31 (which you didn't reveal), it's easier.

But again, if he's not a USC, there's no way to pull that off. What I would do if first is look at his Green Card, in person.

Who may file for I-130 (Petition for Alien Relative)

If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:

Your husband or wife;

Your unmarried child under age 21;

Your unmarried son or daughter age 21 or older;

Your married son or daughter of any age;

Your brother(s) or sister(s) (you must be age 21 or older);

Your mother or father (you must be age 21 or older)

If you are a lawful permanent resident of United States, you may file this form for:

A. Your husband or wife;

B. Your unmarried child under age 21;

C. Your unmarried son or daughter age 21 or older.

Whether one is a US Citizen/Permanent Resident, he/she can still file for a petition for her relative. But the timeline differs.

[Igor&Veronika 1]

Thank you all for all of your replies....

My only concern at this point is as following:

Given that he is a Permanent Resident, he can file for her I130 form, but question is, is she allowed also to file for I485 and stay in the country while the process is in place.....

Also once the I485 is filed is she allowed to change her status to V-1 and continue stay in the country?

Can anyone help me with these 2 questions?

It is not possible to adjust status from a B2 to immigrant within the US when the petitioner is not a USC. But even if he were a USC (which he claims he's not), there's still the issue with suspected immigration fraud. If your sister married the Gentleman within the first 30 days of her visitor's visa, all lights are on RED now. If she waited until at least day 31 (which you didn't reveal), it's easier.

But again, if he's not a USC, there's no way to pull that off. What I would do if first is look at his Green Card, in person.

Who may file for I-130 (Petition for Alien Relative)

If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:

Your husband or wife;

Your unmarried child under age 21;

Your unmarried son or daughter age 21 or older;

Your married son or daughter of any age;

Your brother(s) or sister(s) (you must be age 21 or older);

Your mother or father (you must be age 21 or older)

If you are a lawful permanent resident of United States, you may file this form for:

A. Your husband or wife;

B. Your unmarried child under age 21;

C. Your unmarried son or daughter age 21 or older.

Whether one is a US Citizen/Permanent Resident, he/she can still file for a petition for her relative. But the timeline differs.

[john_and_marlene 162]

The I-485 can only be concurrently filed with the I-130 when a priority date is immediately available. Priority dates are not immediately available for family members of LPRs.

Unless and until he becomes a USC, there is nothing he can file for her to stay and adjust status.

[visacheck 3]

2 Options :

1. Wait for her husband to become a citizen then file for AOS which would mean being "out of status" unless she gets an extension of visitor visa.

2. Do spousal visa which means she would have to go back to her home country.

[JERIII 8]

Thank you all for all of your replies....

My only concern at this point is as following:

Given that he is a Permanent Resident, he can file for her I130 form, but question is, is she allowed also to file for I485 and stay in the country while the process is in place.....

No. She cannot file the I-485 until her priority data arrives. If she remains, it would be illegally. he would need to become a citizen before the AOS, because overstays are forgiven only for immediate relatives of citizens.

Also once the I485 is filed is she allowed to change her status to V-1 and continue stay in the country?

Can anyone help me with these 2 questions?

I don't think so. I believe that you can only apply for a V-1 if your I-130 was filed before 2000.

[justashooter 430]

2 Options :

1. Wait for her husband to become a citizen then file for AOS which would mean being "out of status" unless she gets an extension of visitor visa.

2. Do spousal visa which means she would have to go back to her home country.

in option 1 you advise someone to violate immigration law. please do not do this on VJ. such is against the terms of service you agreed to when registering on this site.

no real risk you say? people do it all the time, you say?

if the girl is deported for overstay she will not be able to apply for a visitors visa or K1 or K3 or CRI without a ban period transpiring.