married waiting for green card

[Jo Stewart 0]

Darnell,

That's what we have been told to do at that time. To fill the I-130 and then the I-485. I thought we were doing everything correctly. They sent the confirmation of the I-130 and did not ask for the I-485.

[VanessaTony 3,567]

Darnell,

That's what we have been told to do at that time. To fill the I-130 and then the I-485. I thought we were doing everything correctly. They sent the confirmation of the I-130 and did not ask for the I-485.

THEY don't tell you to file it. YOU file it. If you wanted to AOS in the US then you file the I-130 and I-485 together, this is in the form instructions. By filing the I-130 by itself you are applying for a CR-1 VISA and once approved would return to your home country to finish the visa process and then re-enter the US... As your marriage is failing obviously the visa will not be pursued, and because you haven't file for AOS no greencard is going to come...

So that's where you are. You're not waiting on a GC because you haven't filed for one. You have filed for a visa that won't happen because you need to leave the country to finish the process OR file the I-485 which requires paperwork from your husband which I doubt he'll be giving you.

Either go home, or try VAWA. I would personally be returning home. You could save money to have his parents visit your home country, or they could work hard to save the money to visit. How are you planning on supporting yourself and a child in the US? You can't work without an EAD, you won't get an EAD until you file for the I-485 (or VAWA) and even then it takes some time. As an out-of-status alien you aren't entitled to anything really, eventually you'd be entitled to WIC but then who looks after the baby while you work? Or how do you bring in money while you are pregnant? Or after that if you want to stay home with the baby?

I'm not trying to make you feel bad but I know I couldn't do it without my husbands support... and I would rather be at home with my families love and support if I didn't have him.

Edited June 11, 2012 by Vanessa&Tony

[Gummibear 5]

Jo Stewart, who told you not to file I-130 and I-485 concurrently? I still remember very clearly that on USCIS website, they say all immigrants have to file I-130 and I-485 TOGETHER. And also I-864 if you file I-130. Do your in-laws really care about you and are you sure they will take care the baby with you? I just feel very unsafe for you to stay here alone with an abusive husband and a newborn child. Don't know if you work or not, how can you support the baby when you live in a strange country, not just the law but also the language, the people, the work environment....everything. Been there done that so I know it is very hard. Ive been here 3 years and I still don't think I can raise a baby by myself even though I have a good job. It's not easy at all, girl!

[Harpa Timsah 13,258]

You are drawing conclusions with no information, and damaging a scared person. Overstay is irrelevant for spouses of US Citizens, and for VAWA claims.

You say you are "pretty sure" it means what it says but you are drawing your conclusion in haste without reading the exceptions to the rule.

That will not be a red flag. You are drawing that conclusion in error. You have no experience with adjustment of status based on an immediate relative petition and you read one website.

INA 245 paragraph C states that overstay is not relevant for VAWA or immediate relatives. It says it applies to everyone except immediate relatives of USCs and some special immigrants, which include VAWA.

"© 1/ Other than an alien having an approved petition for classification as a VAWA self-petitioner, 1aa/ subsection (a) shall not be applicable to

(1) an alien crewman;

(2) 1/ subject to subsection (k), an alien (other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H) , (I) , (J) , or (K) ) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States;"

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=act

Edited June 11, 2012 by Harpa Timsah

[SaharaSunset 165]

First of all @sarah-sunset you were clearly not I'm the same situation as me cause I never thought about comin to the us to get married. As I said I came to visit and I had a flight back. I did overstayed after I fall in love and after I got married, and I say again, for the right reasons. I see nothing wrong with that and I did not commit any fraud and I can prove that. I'm not worried about that neither is that my concern atm.

I do want to raise my child here and have him close to the family, since my parents can visit us but my husband family cannot do the opposite.

I believe there's nothing wrong with that. All I was asking was some legal help and not to be judged.

Jo, no worries, I certainly wasn't judging you. As none of us are likely qualified to give 100% accurate legal advice, I was simply using my personal experience with immigration, to point out a few things you may want to prepare yourself for. There is nothing wrong with falling in love and wanting to marry - but when it comes to immigration, they are like bloodhounds for fraud....and sometimes get it wrong. Read these boards and you;ll find many many real loves stories that end in denial. In your first post you stated “I came to the us as a visitor. I came to visit now my actual husband." This suggests that you had a relationship prior to coming to the US as a tourist? If that is true, then your situation would actually be quite similar to mine.

My now husband did not intend to come as anything more that a tourist, visiting me…but when we realized we loved each other enough to marry, we wanted to do it right away - just like you. That was when we consulted a lawyer who advised against it because in her 20 years as an Immigration lawyer, she had seen too many instances where the USCIS considered this situation suspect and even fraud. Just be careful, and make sure you prepare yourself for the possibility that it won't be a "walk in the park" to prove the vailidity of your marriage - even if it pure and true love. USCIS folks aren't so romantic as us

And there is nothing wrong with wanting to be close to his family - but all this immigration business aside, my personal advice would to you would be: PLEASE don't be so naive about the dangers of staying "close" to an abusive man - even if only through his family. If he'll let you go now, I would do it. Run far away to Portugal and never look back. Staying close to be near his parents sounds nice now...but what if they have a change of heart down the road and side with their son? What if they suddenly want to help him fight to have joint custody of your child? Believe me it happens. Things will change in your life and while they may be supportive now, their support may not always come in the way you want or think is right and good. And above all, do you really want an abusive man in you and your child's life forever? And don't think you can erase him from the equation if you stay in the US. You need to fully understand the laws here in the US about custody, and make sure you can live with the possibility of not having full custody of your child in the future. I don't know all the fact obviously, but I wouldn't rule out the possibility of him always being present in you life. Just think about the consequences of that choice.

Finally...if you're serious about trying to stay...get a lawyer. Good luck

[SaharaSunset 165]

You are drawing conclusions with no information, and damaging a scared person. Overstay is irrelevant for spouses of US Citizens, and for VAWA claims.

You say you are "pretty sure" it means what it says but you are drawing your conclusion in haste without reading the exceptions to the rule.

That will not be a red flag. You are drawing that conclusion in error. You have no experience with adjustment of status based on an immediate relative petition and you read one website.

You are right, overstay is not be THE issue. You win.

But please don't assume to conclude that you know anything about my experiences with immigration. Because there again, it is you who are wrong.

And although some people in these forums clearly consider themselves experts in all things having to with immigration. I would consider the statements made by the official USCIS website, a bit more valid. Of that I am sure. Even if it is just "one website."

And again, if you actually read what I wrote...the greater concern again comes back to why she came to US. She came to the US to visit her future husband on a tourist visa and didn't bother to change the status prior to marrying him. I do have experience in this...I personally know of two instances, almost identical to hers, where visas were denied, people were deported and barred, and appeals had to be filed over several years. She will be scrutinized for this. They won't automatically consider her a "fraud" - but you don't have to be a lawyer to see the red flag USCIS will see. Sorry. They don't give us all the benefit of trusting our "supposed stories" true as they may be. She needs to be prepared to back it up. And that absolutely applies in all "marriage" related visas. She shouldn't feel scared, just prepared.

Cheers!

Edited June 11, 2012 by SaharaSunset

[KayDeeCee 4,896]

On the other hand, a lot of people come to the US only to visit, and of course everyone in love would like to stay and adjust without having to go home, so explain me why they are still a couple of idiots, who chose to do it the hard the way; going home, beeing separated and get a K1 or spousal visa? It also bugs me when I read this, because we all would have loved to stay with our beloved one right away instead of going through the hassle of immigration. If everyone would decide to stay and adjust status like that it would be so simple. But there are rules, and if you decide to stay, dont tell me you didnt do a little research about it..

That beeing said, I am sorry the OP has to go through abuse, I also believe she should be safe and her child to, so divorce and go home, because thats where the law would be more protective of her. I dont know, I just think she should really try to protect herself, because right now the immigration problem seems so secondary compared to the personnal danger this relationship represents...the mother in law can still see her grandchild in portugal, no? Plus i doubt she would not be able to come to the US to visit later on, as long as she can prove her case.

Many people do not have the luxury of being from a country where they can simply get a tourist visa or use the VWP to visit their loved ones in the US anytime they desire. For those that are able to visit the US, the law and path to being able to stay and adjust status here exists for those that had no intentions of having anything other than a visit but ended up marrying instead. Whether or not they researched and knew the law existed beforehand does not matter. If they had no intent to stay and adjust, then they are perfectly within the law to file an I-130 and I-485 to stay as the spouse of a USC. They still go through the hassle of immigration, but are not separated the whole time while doing so. As you can see, the OP is having a hassle with her immigration process because all the forms that should have been filed were not. They needed to file the I-130 and I-485 together. Her situation is even more of a hassle because of a non-supportive, abusive husband. She needs to decide if she will simply return to her country, or stay and try to deal with adjusting using VAWA.

[rade2rising 205]

You are drawing conclusions with no information, and damaging a scared person. Overstay is irrelevant for spouses of US Citizens, and for VAWA claims.

You say you are "pretty sure" it means what it says but you are drawing your conclusion in haste without reading the exceptions to the rule.

That will not be a red flag. You are drawing that conclusion in error. You have no experience with adjustment of status based on an immediate relative petition and you read one website.

INA 245 paragraph C states that overstay is not relevant for VAWA or immediate relatives. It says it applies to everyone except immediate relatives of USCs and some special immigrants, which include VAWA.

"© 1/ Other than an alien having an approved petition for classification as a VAWA self-petitioner, 1aa/ subsection (a) shall not be applicable to

(1) an alien crewman;

(2) 1/ subject to subsection (k), an alien (other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H) , (I) , (J) , or (K) ) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States;"

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=act

gr8 info

[kzielu 1,149]

I do have experience in this...I personally know of two instances, almost identical to hers, where visas were denied, people were deported and barred, and appeals had to be filed over several years. She will be scrutinized for this.

Cheers!

Please stop cause what you are writing makes no sense. She is not applying for a visa, neither were the people you are writing about (if they exist at all). If you are adjusting status you do not apply for a visa. No, she will not be scrutinized for this, as hundreds of people are not.

[Krikit 1,165]

One post removed for personal attacks and member banned from thread. Another member banned from thread for continuing to derail topic despite a warning.

[Gummibear 5]

Jo, no worries, I certainly wasn't judging you. As none of us are likely qualified to give 100% accurate legal advice, I was simply using my personal experience with immigration, to point out a few things you may want to prepare yourself for. There is nothing wrong with falling in love and wanting to marry - but when it comes to immigration, they are like bloodhounds for fraud....and sometimes get it wrong. Read these boards and you;ll find many many real loves stories that end in denial. In your first post you stated “I came to the us as a visitor. I came to visit now my actual husband." This suggests that you had a relationship prior to coming to the US as a tourist? If that is true, then your situation would actually be quite similar to mine.

My now husband did not intend to come as anything more that a tourist, visiting me…but when we realized we loved each other enough to marry, we wanted to do it right away - just like you. That was when we consulted a lawyer who advised against it because in her 20 years as an Immigration lawyer, she had seen too many instances where the USCIS considered this situation suspect and even fraud. Just be careful, and make sure you prepare yourself for the possibility that it won't be a "walk in the park" to prove the vailidity of your marriage - even if it pure and true love. USCIS folks aren't so romantic as us

And there is nothing wrong with wanting to be close to his family - but all this immigration business aside, my personal advice would to you would be: PLEASE don't be so naive about the dangers of staying "close" to an abusive man - even if only through his family. If he'll let you go now, I would do it. Run far away to Portugal and never look back. Staying close to be near his parents sounds nice now...but what if they have a change of heart down the road and side with their son? What if they suddenly want to help him fight to have joint custody of your child? Believe me it happens. Things will change in your life and while they may be supportive now, their support may not always come in the way you want or think is right and good. And above all, do you really want an abusive man in you and your child's life forever? ---> Can't agree more! This is what I also imagine. Parents are always by their kid's side. And don't think you can erase him from the equation if you stay in the US. You need to fully understand the laws here in the US about custody, and make sure you can live with the possibility of not having full custody of your child in the future. I don't know all the fact obviously, but I wouldn't rule out the possibility of him always being present in you life. Just think about the consequences of that choice.

Finally...if you're serious about trying to stay...get a lawyer. Good luck

[EM_Vandaveer 2,417]

i gave her an advice she could file for WAVA and file for sole custody so that he has no custody of the baby and then there is no danger to any abuse to the baby/child and the grandmother still can see her grandbaby. and the best would be to go back home, cuz then she has more rights in her country, he cant really come after her or take the bay away from her or abuse her anymore.

i wrote i personally dont like that. i didnt attacked the OP in any form and wrote something like : you shouldnt have done this and that..i wrote for a reason i personally..

its bad what the op is going thru thats why i said apply for WAVA and sole custody

and it is known as visa fraud to come on a VWP or tourist visa and getting married and stay in the usa ( it comes from the us department of state) . it is a grey zone and a law loophole when you can proof that you didnt intent to use your tourist visa that way.. many laws have loophole it doesnt makes it ok.

i responds to this cuz i didnt wanted to just leave it hanging on me like that.

It is not fraud to come on VWP or tourist visa, then marry and AOS IF at the time of crossing the border this wasn't the plan. It all depends on intent at the time of crossing the border. It is perfectly legal to come to visit. Circumstances may change. A visitor on VWP can stay for 90 days, someone on a tourist visa for 6 months. Things CAN change it that timeframe.