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Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

just my 2 cents....

Wont it be difficult to prove during AOS interview, that he had no intentions of staying in US, even though he knew his wife was 6 months preg at that time.

Given his situation any counsular can make out that he knew the condition of his wife and can give him hard time at interview.

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Filed: K-1 Visa Country: Wales
Timeline
Posted

When you think of the tens of thousands of VWP adjustees, there are only a handful of problem cases.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Jamaica
Timeline
Posted

AOS is the way to go. Your wife need to file I-130 which will cost $355 and you need to fileI-485 which will cost $1010 along with supporting forms i.e I-864 (your wife), I-864A(for you), G-25A(you and your wife), I-131 and I-765 is optional, but I would recommend that you file it anyways because there's no additional charge for them as long as you file them concurrently (altogether). You need I-693. So the grand total for filing the Adjustment Of Status is $1365.00. Good luck on your journey and let me know if I can assist in anyway possible.

Filed: Country: Canada
Timeline
Posted

AOS is the way to go. Your wife need to file I-130 which will cost $355 and you need to fileI-485 which will cost $1010 along with supporting forms i.e I-864 (your wife), I-864A(for you), G-25A(you and your wife), I-131 and I-765 is optional, but I would recommend that you file it anyways because there's no additional charge for them as long as you file them concurrently (altogether). You need I-693. So the grand total for filing the Adjustment Of Status is $1365.00. Good luck on your journey and let me know if I can assist in anyway possible.

Stop me if I'm wrong, but if his wife's income is 125% above poverty limit, he will not need the I-485a. Also, don't forget you will need 4 copies of G-325a for yourself alone.

Also, I-693 is the medical. You don't need to print and fill it yourself. You need to see a Civil Surgeon and he or she will be filing it out for you. The exam usually contains:

- Blood work (Syphilis test also called RPR test)

- T.B. (Tuberculosis. You may require x-ray if the test comes back positive)

- Vaccination record (I didn't have mine and had to have all my shots redone. Most of the vaccines are age sensitive. I seem to be unable to find the link at the moment, but, for example, I am 30ish and received MMR and Tdap only.)

- Physical exam

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

Stop me if I'm wrong, but if his wife's income is 125% above poverty limit, he will not need the I-485a. Also, don't forget you will need 4 copies of G-325a for yourself alone.

You prolly meant the I-864a on him (S.P.G), I'm thinking? Sorry to nitpick, alas.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: Country: Canada
Timeline
Posted (edited)

You prolly meant the I-864a on him (S.P.G), I'm thinking? Sorry to nitpick, alas.

You're right hehe, I meant I-864a. My bad! :)

Edited by Kittyfang

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

Filed: Other Country: Scotland
Timeline
Posted

Yes,I understand your situation about staying in USA.Although you are married to your american wife...you still have to file I-130 so you can stay in USA.How long? well,in some cases it takes not long depending how many people have filed the same form..and where you filed it.In your case as your in USA already,there might be a better chance doing your visa there.I went through the process with my american wife,but I had to return to UK then filed the appropiate form,then the medical then the interview...In my case..it took 2 years via the Texas office to get my green card before I could get to the USA.Hope all goes well for both of you.

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Besides the I-864, helps if you also file an I-864a as well where the immigrant shares part of the responsibility for any charity or whatever received. I found one of the best immigration firms in the USA and hired them, my attorney wrote many books on immigration, filing the I-864a was his advice even though my income was well above poverty.

Our biggest headache was the I-693, not covered by health insurance, out of the pocket expense, local places wanted as much a $3,000 per person, I had both my wife and daughter, they also insisted on doing extra tests not required by the USCIS. Did find a USCIS approved doctor 300 miles away with a quote of $600.00 per person. I filled out the top of the forms using Adobe Acrobat so no mistakes were there and printed out several copies. Did have my wife bring all of her medical records here and for her daughter, she translated their shot history. Doctor commented, this was the easiest I-693 he ever had to fill out. They put that form in a sealed envelop we were not to open, but what the heck, gave us copies of it.

To my dismay, said it was against the law to mail it, they had to complete all the lab tests, so we had to drive another 600 miles to pick it, wrote out the check and said thank you. That completed our full package, sent that off overnight to my attorney, he reviewed it and sent it off to the USCIS. Two weeks later, we received the NOA so both my wife and step daughter were here legally. We beat the I-94 deadline by 8 weeks.

During our AOS, had a wonderful IO that took great joy in seeing our wedding album. In regards to religion if that concerns you, can also get your marriage blessed. Elected to use a federal judge two counties over, he was so honored, refused to take a cent, even for the charity of his choice. Ten minutes later, we had certified copies of our marriage. Wanted something impressive for the USCIS, that was impressive. Because of the APA, could not put my wife on any of my joint bank accounts, did bring a letter into the AOS to that effect, IO didn't want to even see it, she understood. Both were approved for their condition greens cards, but this was like ten months later after we sent in our application. Was slow back then.

Wife did get an international drivers license before coming here, State of Wisconsin said it was good, and so did my insurance company. To my amazement, even lowered my rates, figured as a married guy, wouldn't go out and get drunk or something like that. Wife was a workaholic, insisted on doing a lot of volunteer work doing that time, she became well known in the community and was offered a good job instantly when she got her EAD. Hardly was worth it, took seven months to get that.

Shock I received after all those forms and expense, we hired a professional translator to be on the safe side for all of my wife's and daughters documents, they only got a two year card. For 21 months had a piece of paper hanging on the refrigerator door to remind us to file the I-751. That was a real nightmare, they lost our application with all the moves they made. So we applied for US citizenship at the earliest day. Always invited the USCIS to visit our home, even live with us, they never took that up. But all this was over during her oath ceremony. Time goes by very quickly when looking back, but didn't seem that way at the time.

Both my wife and I made bad mistakes in our first marriages, our key goal was to spend as much time together, like over two years before tying the knot, even kicked around which country we would be together in. Was also a bit of a shock to be treated like a criminal with the USCIS, and reading posts where if a marriage does fail, really no help for the sponsoring US citizen. More like they want to hang you. That kind of left a bitter taste in my mouth.

Filed: Timeline
Posted

just my 2 cents....

Wont it be difficult to prove during AOS interview, that he had no intentions of staying in US, even though he knew his wife was 6 months preg at that time.

Given his situation any counsular can make out that he knew the condition of his wife and can give him hard time at interview.

The original plan was to live in England, but she does have a 4 year old who is autistic and when we talked more recently we decided its best to keep him in his current environment for a few more years at least.

The only problem with this is that we didnt expect costs of over $1400 to file for me to stay here.

Is there any way that i can get an extended stay while we save up to file the I-130 and I-485? As we really really do need me to be able to stay here to take care of the newborn while she goes back to work.

Filed: K-1 Visa Country: Wales
Timeline
Posted

The original plan was to live in England, but she does have a 4 year old who is autistic and when we talked more recently we decided its best to keep him in his current environment for a few more years at least.

The only problem with this is that we didnt expect costs of over $1400 to file for me to stay here.

Is there any way that i can get an extended stay while we save up to file the I-130 and I-485? As we really really do need me to be able to stay here to take care of the newborn while she goes back to work.

You have a way, a relatively cheap one. The VWP is no extendible.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

Sure! covered in post #3 - have a look?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Posted

The original plan was to live in England, but she does have a 4 year old who is autistic and when we talked more recently we decided its best to keep him in his current environment for a few more years at least.

Oh yea, I agree, when you have a child who is autistic, it is best to not move to another country, a change of environment really makes alot of difference for him/her. I know of a friend who still had to move back home cos of her autistic son behavior had became worse upon moving to the US.

And about the VWP, i came on a VWP and yes my IO had asked me the question of intent but didn't drill me further about it, just asked the question of "Was your intention to come to the USA to stay?" and I replied, "No." And I began to explain the situation but she didn't want to hear the explanation.

I think paying for an extension will have you fork out more money than needed for the overall process. You will be paying about 1.7k in total instead of just about 1.4k since you would have to pay $300 for the extension of stay (Form I-130 cost $355 (additional of $55). I had a loan from someone for my AOS cos I didn't want to risk anything - you never know what they might use against you. Plus, being on VWP, it's REALLY risky to extent since we both know that it's strictly 90 days.

[ AOS Journey - Took 4 months exactly ]

22 Apr 2010 - Package Sent to Chicago Lockbox [i-130, I-485, EAD, AP]

(DAY 1) 23 Apr 2010 - Package Delivered and signed by V. Harris

(DAY 6) 29 Apr 2010 - Both money order cashed

(DAY 7) 30 Apr 2010 - Hardcopies NOAs for all forms received

(DAY 10)03 May 2010 - "Touched" on all forms [but I-485 still in ACCEPTANCE status]

(DAY 14)07 May 2010 - Received 2 Biometrics appt letters scheduled on 24 May 2010 @ 8AM

(DAY 21)14 May 2010 - "Touched" on all forms except I-485

(DAY 31)24 May 2010 - Did Biometrics appt

(DAY 32)25 May 2010 - "Touched" on Forms I-485 and I-765

(DAY 70)30 June 2010 - Approved notifications sent for I765 and I131

(DAY 76)06 July 2010 - Received AP travel documents

(DAY 76)06 July 2010 - Received INTERVIEW LETTER! For 09 August 2010 @ 8:30AM [irving,TX]

(DAY 88)19 July 2010 - Received EAD card

(DAY 109)9 August 2010 - Interview Day - APPROVED.

(DAY 113)13 August 2010 - Welcome Letter Received.

(DAY 123)23 August 2010 - Green Card Received.

[ Petition to Remove Condition on Residence - Took 8 Months ]

11 July 2012 - Package Sent to Vermont Service Center

16 July 2012 - NOA received

26 July 2012 - Received Biometric appointment letter scheduled on 10 August 2012

10 August 2012 - Did Biometrics appointment

08 March 2013 - Received APPROVAL letter (YAY!!!)

09 March 2010 - Received 10 year Green Card!!!!

Filed: Timeline
Posted

Sure! covered in post #3 - have a look?

- Can i file the I-539 while im here on visa waiver?

- Can i stay in the states after my VWP has ended if this form is processing?

- How long do the extentions usually last? Enough to get through to the tax return period in usa you think?

I feel stupid with all the questions, but you guys really are the best

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

s.p.g. - sorry, out of my small realm of knowledge, really. perhaps someone else can chime in? but -

generally - if AOS is filed for prior to 'last jump-out-of-usa' date, then the overstay is forgiven once the AOS is awarded.

Things have changed, though, for VWP filers. Spend some time to study whether or not you've more than a 50/50 chance of success...

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Suggested the I-539 to buy more time if you needed it to file for your LPR card, but sounds like your major problem may be lack of funds or maybe you are just looking for a cheaper way.

If funds is the problem, don't you or your wife have friends or relatives that can help you through this crisis? My future mother-in-law knocked me off my feet when she offered to pay for immigration, wanted a good husband for her daughter and a good dad for her granddaughter, I didn't say that, she did. But said, thank you, but no thank you, knew this was coming and have plenty of funds.

Suppose we could pass the hat around, but with our poor economy at present, just about everyone is doing that. State university tuition doubled, so has energy cost, and property taxes, state claims not getting money from the feds, all going to places like Iraq and Afghanistan. Hey, what about our freedom? We are getting by, but not saving like we could even a few years ago.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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