Acute insanity with a side of schizophrenia

[Navyguy04 0]

Hello everyone,

I am someone new to this forum but a friend told me that this is the place I need to be. Just a background I am active duty military and I met my wife over in England while I was stationed there. We were engaged about a year ago and were recently married in February(stay with me because the insanity begins). Over the course of the year that I was still overseas and engaged I proceeded to bury my head in the sand about the whole immigration process. Once she got over here to the States (via her Tourist VISA) we decided to get the ball rolling on the Fiancee 129F. We submitted the documentation to USCIS along with the money and checked it periodically. Well we got married in February which we though had changed things? We then called the USCIS and they told us that if we were getting married we weren't going to need the I-129F VISA. Well needless to say they canceled the application along with not refunding our money(of course).

Things have gotten complicated as of late because she is pregnant and we've been sending her back to England every 3 months for about a month so as not to screw up the overstay thing. We are just now taking the immigration process because it has reached the "oh #######" mode as of late. I've glanced around the forum and you all seem extremely helpful and I'd really appreciate some guidance on this matter. My question for you fine folks is this:

1) What forms specifically am I going to file with USCIS now that we are in fact married?

2) Is the I-129F VISA thing that happened to us going to make a difference?

3) Is there any way that I'd be able to keep her here for longer that 90 days on her tourist VISA while the citizenship paperwork is still pending?

4) I'm worried that if my child is born in England he won't be a U.S. citizen.... is this true?

Any help on this would greatly be appreciated, and I look forward to seeing what the replies are, thanks!

Very Respectfully,

Matt

[Ryan_and_Priscy 16]

So far I understood what you said, you got married in the US? Because if that is the case, you can file for an AOS Application, I think that is the way to follow.

This is what I think, but let's see what other more expert in this matter can say!

Have a good day.

[Ryan_and_Priscy 16]

So far I understood what you said, you got married in the US? Because if that is the case, you can file for an AOS Application, I think that is the way to follow.

This is what I think, but let's see what other more expert in this matter can say!

Have a good day.

The AOS goes for form I-485

[milimelo 4,486]

The AOS goes for form I-485

WRONG - the OP needs to submit I-130 as his wife was coming and going from the US (as in, she hasn't stayed past her VWP). This may prevent her from coming back to the US unless she shows ties to her home country (lease, job, credit...) and especially since she is pregnant - airlines won't allow pregnant women in last months of pregnancy to fly.

Attempt at AOS under these circumstances could lead to misrepresentation charge as she was married at the time of admission and USCIS may go with she had intent to immigrate.

OP, your child will be a US citizen even if born abroad - all you have to do is file for Consular Report of Birth Abroad when you're in the UK with the US embassy.

[TheBears 9]

Congratulations on your marriage and new addition!

1. Start with I-130 and one G-325A for each of you with all the supporting documents. You're now going for the CR-1 visa. Here's the guide. Once you submit those, you wait for USCIS approval. Being military, you can get it expedited. Unfortunately, you'll have to look into that on your own, as I'm not familiar with those procedures. There is a USCIS mliitary helpline. Look for it on the USCIS website.

From there, your case goes to NVC. You'll need an I-864 and a DS-230 with all the supporting documents from the two of you. Here are LingChe's Shortcuts through NVC. You can work on getting prepared for this while waiting for USCIS approval on your I-130.

2. You'll need to disclose that you've previously filed a visa petition for her on your paperwork and may be asked about it at her interview. Be honest and don't worry.

3. There is a way for everything. I don't see a legal way to keep her here past 90 days, though. If you expedite your petition through USCIS, it may only take 6 weeks. If you use those 6 weeks to prepare everything like LingChe says, then you should be through NVC in about a month. She'll then have to wait for an interview. We'll say 6 more weeks, but I'm not sure on that one. So... you're maybe looking at 4 months and she'll be able to be here legally.

Please note that this visa will not automatically grant her citizenship. She will be eligible for citizenship after living with you in the US as your wife for 3 years (minus 90 days). Before this, though, she'll need to remove the conditions of her residency after she's been here for 2 years minus 90 days. This can be confusing at first. Look for more information on Removal of Conditions and Naturalization.

4. Not true. You're a US citizen. Your child can be born anywhere and will still be a US citizen.

Good luck!

[sachinky 465]

Read the guides for CR-1/IR-1.

Do your homework from before and prepare accordingly.

You will be fine.

Come back and post if you have more questions!

Good luck.

[Navyguy04 0]

I just called the military helpline this morning and according to them, if I file the I-130, as well as the I-485 AOS and the adjustment package she'll immediate be taken from a "visitor" status in the country to a pending AOS status. According to the woman on the phone she is authorized to stay past her 90 days immediately after the package is submitted.

[sachinky 465]

She's already in the U.S.?

Then go ahead and file for AOS if she had no intentions of immigrating at the time of POE.

[LIFE'SJOURNEY 970]

She's already in the U.S.?

Then go ahead and file for AOS if she had no intentions of immigrating at the time of POE.

They can do the AOS, but they had already filed a K1 and then they got married. Once she got over here to the States (via her Tourist VISA) we decided to get the ball rolling on the Fiancee 129F. We submitted the documentation to USCIS along with the money and checked it periodically. Well we got married in February

Will immigration look at this as they knew they were getting married and considered it as FRAUD. Can they have 2 active petitions open at the same time? Who knows the answer...

Edited April 28, 2010 by LIFE'SJOURNEY

[sachinky 465]

Hmm, I see what you're saying.

Tricky.

[LIFE'SJOURNEY 970]

Yes, very trick, wicky...

Ok, so they have cancelled the K1.... But, based on the SO last entry into the US, were they already married at that time. It look as if their timelines will cause them some problems. If the last entry into the US shows that they were already married, then thiswill cause them some concerns.

[prettyunique 1]

It would be helpful to post a timeline of what happened when. Different entries to US and marriage. Did she entered that last time in February and then you got married? Is she still in the US?

[Justine+David 218]

I wouldn't risk what the military advised you to do--that is, have your wife stay here and adjust status because you have ALREADY previously filed an I-129F, which shows USCIS (immigration) that you already intended for her to be here. Which means that if you intended to marry her and she entered the U.S. and you try to adjust status while she is here, you are guilty of commiting visa fraud (you are not allowed to intentionally enter the U.S. to marry and adjust status), subject to her possibly being banned from the U.S. It is up to the officer looking at your file to determine if he/she thinks you committed the fraud. Do you really want your future life together in somebody else's hands with such evidence against you?

If you had never filed the I-129F and she came here and then you guys decided to get married, you would probably be okay to adjust her status. But there is hard evidence that you guys did intend to marry each other because you did file the I-129F. The former situation stated is usually what occurs and the military would be right in that instance that you would be advised to do that.

Do NOT fool around with this--immigration is a tough customer.

Lucky for you and your wife, since she is from a low-fraud country, it's not very hard for her to visit as long as she has proof of ties to the UK that she intends to return there, like a lease, job, having funds, etc etc. And you can visit her as well, again, having ties to the U.S.

The whole process may take anywhere from 6-10 months for the norm, some less, some longer. Start by reading the guides here for the CR1 spousal visa. The K3 spousal visa is basically dead and you would be wasting your time with it. If you have an uncomplicated case (no criminal convictions, etc etc), it is advised to do the paperwork yourself as a lawyer is generally useless except in extreme cases and no one will care more about your visa than you do. You pay a lawyer basically to fill out forms at their own leisure.

Like others have said, you can try to adjust status of your wife here...but I personally wouldn't risk my significant other's life together for that. It's not easy. It never will be easy. But it's worth it.

[TheBears 9]

I just called the military helpline this morning and according to them, if I file the I-130, as well as the I-485 AOS and the adjustment package she'll immediate be taken from a "visitor" status in the country to a pending AOS status. According to the woman on the phone she is authorized to stay past her 90 days immediately after the package is submitted.

Eh? But you were already married when she entered the US on the visitor visa, correct? There's no sudden, spontaneous change in circumstances. It looks like she came on a visitor's visa, pregnant, with the intent to stay and adjust status in order to avoid the usual immigration procedures and live in the US with her husband and USC child.

I don't mean that's the case. Please don't take offense.

What I mean is that it could look very ugly to an immigration officer. The LAST thing you want is to be accused of misrepresentation and have your wife be given a lifetime ban from entering the US. To me, it's better not to risk it. File the I-130 now. When her 90 days are up, send her back home. 4 months can seem like forever, but it's worth it in the end. Or send her back and then have her re-enter under the VWP again. She can return to her home for the interview.

I think it's Scott and Mhay who did a CR1 visa with it being expedited because he's military. Try PMing him. His timeline is really pretty and he may have some tips for you.

Maybe you can try calling the helpline again and speaking with a different person.

Edited April 29, 2010 by TheBears

[sachinky 465]

I agree--file for CR-1 now. As you're a military guy, you'll qualify for expedited processing.

That line isn't called the misinformation line for no reason around here.