Confused and need help please

[S.P.G. 0]

Hi, ive been searching high and low for information and its all got very confusing for us so i thought i would post here in hope that someone can guide us in the right direction.

I am from England, my wife is from USA. We are married and im currently living with her in the USA, though i can only stay for 3 months on the visa waiver thing. She is due to give birth to my child any week now.

We really would love nothing more than to make the stay permanent and me not to have to go back to England, so i can take care of our family while she works.

What i dont know is how or what we have to do exactly. The USCIS website is very confusing, and all telephone lines we have found are either automated or out of service now.

We also read that the paperwork can take a long long time to process, and this is something we wanted to avoid so that i dont have to get deported to England leaving her alone with the kids and unable to work, probably ending in us losing our apartment..... so you can see the situation we are in.

So if anyone could tell us exactly what we need to do from here or a telephone number of anyone official we can speak to, that would be much much much appreciated. And if the forms will take over 2 months, is there any quick way that i can get an extended stay in the USA while our longer paperwork is being processed?

Thanks so much in advance

[Darnell 8,479]

Here's a coupla choices -

go back to UK - chase after a CR-1 visa - http://www.visajourney.com/content/i130guide1

stay in USA - file for Adjustment of status - http://www.visajourney.com/content/i130guide2

pick one or other other.

Welcome to VJ !

[NickD 203]

Hi, ive been searching high and low for information and its all got very confusing for us so i thought i would post here in hope that someone can guide us in the right direction.

I am from England, my wife is from USA. We are married and im currently living with her in the USA, though i can only stay for 3 months on the visa waiver thing. She is due to give birth to my child any week now.

We really would love nothing more than to make the stay permanent and me not to have to go back to England, so i can take care of our family while she works.

What i dont know is how or what we have to do exactly. The USCIS website is very confusing, and all telephone lines we have found are either automated or out of service now.

We also read that the paperwork can take a long long time to process, and this is something we wanted to avoid so that i dont have to get deported to England leaving her alone with the kids and unable to work, probably ending in us losing our apartment..... so you can see the situation we are in.

So if anyone could tell us exactly what we need to do from here or a telephone number of anyone official we can speak to, that would be much much much appreciated. And if the forms will take over 2 months, is there any quick way that i can get an extended stay in the USA while our longer paperwork is being processed?

Thanks so much in advance

f you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Is where you can find it. Your wife as a sponsoring US citizen can petition for you, I-130, I-485, I-693, I-765, G-325A, I-864. I-693 is the most time consuming, trying to find a USCIS approved doctor for your medical exam. But the sooner she applies and sends in the entire form package, once you get your NOA, you are free to stay here. You don't want to over extend your stay, can lead to future problems. But you do have alternatives with the I-539. Big trick is to fill out all the forms correctly, don't want a denial for that reason.

[S.P.G. 0]

f you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Is where you can find it. Your wife as a sponsoring US citizen can petition for you, I-130, I-485, I-693, I-765, G-325A, I-864. I-693 is the most time consuming, trying to find a USCIS approved doctor for your medical exam. But the sooner she applies and sends in the entire form package, once you get your NOA, you are free to stay here. You don't want to over extend your stay, can lead to future problems. But you do have alternatives with the I-539. Big trick is to fill out all the forms correctly, don't want a denial for that reason.

Do i need to file EVERY one of these above forms? And do we need to pay the fee for every single form or is there some package?

Thanks for the replies so far

edit - what would you guys recommend me doing? And do you think there is a way i can stay here while doing it? As me returning to england will see my wife pretty much lose our apartment with having to quit her job to look after the newborn.

thx

Edited August 11, 2010 by S.P.G.

[S.P.G. 0]

Here's a coupla choices -

go back to UK - chase after a CR-1 visa - http://www.visajourney.com/content/i130guide1

stay in USA - file for Adjustment of status - http://www.visajourney.com/content/i130guide2

pick one or other other.

Welcome to VJ !

The I-130 would mean i can stay in USA and do this? Doesnt it take a long time to process?

[Darnell 8,479]

Suggest you spend about 2 hours with pen and paper, mapping out these 2 choices, see which one best suits you - AOS vs CR-1. Both require an I-130, there is MORE on the AOS, but ....

Good Luck !

Edited August 11, 2010 by Darnell

[S.P.G. 0]

Suggest you spend about 2 hours with pen and paper, mapping out these 2 choices, see which one best suits you - AOS vs CR-1. Both require an I-130, there is MORE on the AOS, but ....

Good Luck !

So no matter what, the first thing we must do is file an I-130? How long does this usually take to process? And must we pay the fees on every single form we process or can we do some together?

Sorry for all the questions, this is all going a little over our head as we've never dealt with anything like this before.

[Darnell 8,479]

can you at least PRINT OUT the content from the 2 guide links I supplied ? Then walk away from the computer, study 'just the paper' in hand?

Seriously - it's worth it, to spend those 2 hours with 'just paper' - turn off the TV, sit at a desk somewhere, read.

*** moving to AOS forum, for a bit ***

Edited August 11, 2010 by Darnell

[Gemmie 142]

Rather than telling him about requesting an extension to stay (which would have him just be a non-immigrant for longer, and then he'd be forced to go back to the UK later), and just giving him a Spousal Visa link, isn't he able to just file for AOS? As long as he had no intention of staying when he entered, and can prove that at a later stage, he could just file from an adjustment from VWP to resident.

If you intended on staying when you entered, you have to go back to England and file for a Spousal Visa.

[Bl@ckRoSe 0]

Yes, Darnell is right - there's two route you can choose:

1) CR-1 visa route

or

2) Adjustment of Status (AOS) route

Number 1 is - You HAVE to go back to England and wait, if you had the intention of staying longer since your wife is already 9 months pregnant when you came.

Number 2 is - You HAVE to stay in the US after you file, you CANNOT leave the USA until a decision has been made to your case - you could apply for Advance Parole if you would like to go back to England if there's emergency, but most would advice to just wait out for decision on your AOS application. You DO NOT have to file an extension of your stay if you apply for this. You will automatically be a legal-INS-alien awaiting for decision on ur AOS. BUT with this, you would have to PROVE to them that you didn't have ANY intention of staying and adjusting status prior to you coming to the USA. They might ask you and they might not during the interview.

Also, you could see other VJers' visa timeline in their signature, like mine, if you like to estimate the time it takes.

Hope those helps.

[NickD 203]

Rather than telling him about requesting an extension to stay (which would have him just be a non-immigrant for longer, and then he'd be forced to go back to the UK later), and just giving him a Spousal Visa link, isn't he able to just file for AOS? As long as he had no intention of staying when he entered, and can prove that at a later stage, he could just file from an adjustment from VWP to resident.

If you intended on staying when you entered, you have to go back to England and file for a Spousal Visa.

300 bucks is cheaper than flying to England and back, but main purpose is to have time to complete all those forms, and yes they all can go in as a package to get the Notice of Arrival that lets you stay here. If it can be done before his I-94 expires, won't have to pay that extra 300 bucks. Yes, I know its expensive, for two people cost twice as much. It's also unbelievable what they are charging for daycare centers today.

The I-765 is optional, gets him an EAD card so he can find a job and legally work, but may not be worth it depending on the processing time. We only filed an I-130 for my wife's unmarried son, that was two years ago, that is because it may take even five more years before he gets his visa, and really can't file the rest of the forms until that occurs, but this man is already here and here legally.

If there is a cheaper way, would like to know about it, as a spouse, he does have priority.

[S.P.G. 0]

Yes, Darnell is right - there's two route you can choose:

1) CR-1 visa route

or

2) Adjustment of Status (AOS) route

Number 1 is - You HAVE to go back to England and wait, if you had the intention of staying longer since your wife is already 9 months pregnant when you came.

Number 2 is - You HAVE to stay in the US after you file, you CANNOT leave the USA until a decision has been made to your case - you could apply for Advance Parole if you would like to go back to England if there's emergency, but most would advice to just wait out for decision on your AOS application. You DO NOT have to file an extension of your stay if you apply for this. You will automatically be a legal-INS-alien awaiting for decision on ur AOS. BUT with this, you would have to PROVE to them that you didn't have ANY intention of staying and adjusting status prior to you coming to the USA. They might ask you and they might not during the interview.

Also, you could see other VJers' visa timeline in their signature, like mine, if you like to estimate the time it takes.

Hope those helps.

Thanks Bl@ckRoSe that really made it easier to understand.

the next question we have, is about number 2 which is the option we need for me to stay in the US to take care of the newborn so she can continue working....

Can i stay in the US awaiting decision even after my visa waiver expires? Because on my passport it is stamped for the end of October expiration. And could you point me to the exact form we need to file for this please, as i dont want us to file the incorrect one and waste time and money, as we are running short on time it seems.

Thanks so much guys you are all being a great help to our family

[belinda63 3,047]

If you want to stay in the use follow the guides for AOS (adjustment of status) including the I-130. Yes it is a lot of forms, yes it does cost money, yes it does take time. Once you have your NOA-1 (notice of action) which is essentially a receipt showing you filed for the AOS you are considered pending status in the US even if your I-94 is expired.

Please read the guides and follow them to the letter. Leaving out one form or forgetting to sign one paper might have the paperwork delayed or rejected.

[Darnell 8,479]

And could you point me to the exact form we need to file for this please, as i dont want us to file the incorrect one and waste time and money, as we are running short on time it seems.

please click this --> http://www.visajourney.com/content/i130guide2

Get all the forms listed in the Download the Following Forms: section

and go forth.

It's a safe link to click - it DOES NOT INSTALL any malware on yer computer. I promise.

Edited August 11, 2010 by Darnell

[USUY2010 4]

If you want to stay in the use follow the guides for AOS (adjustment of status) including the I-130. Yes it is a lot of forms, yes it does cost money, yes it does take time. Once you have your NOA-1 (notice of action) which is essentially a receipt showing you filed for the AOS you are considered pending status in the US even if your I-94 is expired.

Please read the guides and follow them to the letter. Leaving out one form or forgetting to sign one paper might have the paperwork delayed or rejected.

If you don't do that you could end up like us. With a rejected I-485 and an I-130 that hasn't been NOA or rejected yet after 15 days. So yes, please read carefully and ask questions that you need to ask.