i-130 Approved (Family based) but not AOS and now married to a USC

[Skull 0]

Hello everyone!!! I'm a newbie here on VJ and very excited to be apart of this forum. I hope you guys can help me just like the thousands of other people who have come here and get help. Today I have a few questions and I'm sure I will have a lot more in the future but would appreciate any input or info you can offer towards the process of me becoming permanent resident. I search through the forum for answers to similar situation but didn't seem to find any with like mines. MOD's, please move this post to the correct area if it's not or direct me to where I can get the right information. For the most part, it seems like everyone here have been very respectful and I would appreciate the same when responding to my post. I've got a lot of misinformation throughout the years and I've made a lot of stupid decisions so please don't judge me for it. I'm just trying straighten everything out now . Thanks in advance for all your help and I'm very eager for your help.

My Story (I will try to be as brief as possible)

In 1994 I came to the US on a visitor's class B1 visa. I ended up overstaying the 30 days allowed. I was able to attain a SS# and card in my own name. Later that year I end up moving to Florida and Iended up marrying a USC (police officer) in February 1995. My wife then started the process for me to become a permanent resident with an attorney but shortly after that she made a bad judgment and use her weapon in a manner that was not consistent the police department ethics and therefore got her self in a lot of trouble. She ended up moving away to a unknown location and we had no contact for a number of years. I also found out that the papers was not submitted for filing.

In 1997, I moved back to the northeast and In 2000, my mom finally received her GC and later received her citizenship in 2002. She then filed for me that same year as a married son and was advised that the 1-245 would allow me to do an AOS. In 2004, my i-130 was approved but my i-485 was not. They letter stated that I was unable to adjust my status at this time and Unfortunately, I didn't not get approved in time and was therefore not qualified for AOS under the 245-1 Life act so I was totally screwed.

During all this time I was able to still live a normal life like owing my own home and worked at reputable company making good money and had many chance to marry a USC to get my GC but unfortunately I didn't do it. I never got divorced until 2007 (I know). My girlfriend at the time who I lived with for 2 years before we broke up in 2010 and now back together didn't know about my situation (Don't even ask..lol) We then got married at city all 2 days ago and now in the process of applying for my permanent residency.

A few questions I have for the forum are:

• Can I apply for AOS using my approved i-130 from my mom in conjunction with my wife to a quicker and safer process. I've been told that before that a totally separate i-130 & AOS has to filed by my wife but I just want to be sure.
  

• Will I have a problem at the interview if i'm not able to show that we had a decent size wedding since I only did it at city hall with me, my wife and the Justice Of Peace.
  

• We both have kids that are grown and have no intentions of getting anymore because we are in our mid 40's. Would this give's us a slimmer chance?
  

• Currently my wife lives in another town and will be moving to my house by July and her address information on her license is not the same as mine. Should I use my address to file all the paper work? I'm also in the process of refinancing my home. Would it make a big difference at the interview if I was to added her to my mortgage or to the deed?
  

• When we are filling out the papers, should she use my last name which is not officially change on all her documents or file with her maiden name.
  

• Will I able to keep my old SSN# or if not, can I transfer my social security benifits that I paid into my new number if I get approved.
  

Any help from guys will be greatly appreciated.

[newacct 688]

• Can I apply for AOS using my approved i-130 from my mom in conjunction with my wife to a quicker and safer process. I've been told that before that a totally separate i-130 & AOS has to filed by my wife but I just want to be sure.

Yes, your wife should file an I-130 for you. Since you are the immediate relative of a U.S. citizen, the I-130 and I-485 should be filed together, so there is no additional wait to filing this way.

• Will I have a problem at the interview if i'm not able to show that we had a decent size wedding since I only did it at city hall with me, my wife and the Justice Of Peace.

Not everybody has to have a decent size wedding. If you have lots of other kinds of evidence of bona fide marriage, then it should be okay.

• We both have kids that are grown and have no intentions of getting anymore because we are in our mid 40's. Would this give's us a slimmer chance?

I don't see how that is relevant.

• Currently my wife lives in another town and will be moving to my house by July and her address information on her license is not the same as mine. Should I use my address to file all the paper work? I'm also in the process of refinancing my home. Would it make a big difference at the interview if I was to added her to my mortgage or to the deed?

Hmm, not sure about this one. Changing addresses during the process could cause things to get lost in the mail.

• When we are filling out the papers, should she use my last name which is not officially change on all her documents or file with her maiden name.

If she changed her name as part of the marriage, then that is her current legal name, and she should use that on all forms, but also include the marriage certificate as proof of the name change.

• Will I able to keep my old SSN# or if not, can I transfer my social security benifits that I paid into my new number if I get approved.

Social security numbers stay with you for life.

[mbarima 5]

• i know for sure that your wife have to file i 130 for you this time round, since she is the one petition for you,am not sure if you still used I 130 approved by you when your mom filed for you.

I don`t think it is big deal if you don`t have decent wedding, is not everyone who wed, just get pics of both of you, family, friends together and some letter address to both of you, bank statements or anything both have your names on is good.

Is good both live in one house or used one address for filing, because they can come to your house any time to check on you guys if they suspect anything.

yes, she can used your last name since you guys have it on your married certificate

your ssn will not change. you will used same old number for the rest of your life.

I think this little advice i can give you, you can get a lawyer to help you out and that will let you rest without thinking about anything

[Jawaree 717]

Dude do a consult with an atty

and your SSn will follow you

goodluck

[Skull 0]

Yes, your wife should file an I-130 for you. Since you are the immediate relative of a U.S. citizen, the I-130 and I-485 should be filed together, so there is no additional wait to filing this way.

So basically, I can't fast forward the process by using my already approved i-130 petition (2007) and just file my i-485 and the rest of my documents through my wife.

If she changed her name as part of the marriage, then that is her current legal name, and she should use that on all forms, but also include the marriage certificate as proof of the name change.

The marriage licensee didn't give us the option to change the name and thought that there was a different process for that however, we are trying to change her name on all her documnets (Driver License, SS card, passport and financial account before we file any paperwork

Social security numbers stay with you for life.

My SSN was not issued using any process via petition. Should i put it on any of the documents I file whenver it ask's if I have one?

Hmm, not sure about this one. Changing addresses during the process could cause things to get lost in the mail.

We will be living together fully within the 2months right now she is in between two until her sister comes back from china.

If she changed her name as part of the marriage, then that is her current legal name, and she should use that on all forms, but also include the marriage certificate as proof of the name change.

• Is good both live in one house or used one address for filing, because they can come to your house any time to check on you guys if they suspect anything.

We will end up living together soon but wanted to start the filing process now so think I should just use my address. We lived together at the same address 2 years ago

• I think this little advice i can give you, you can get a lawyer to help you out and that will let you rest without thinking about anything

I'm looking into that now but just wanted to get additional before I do.

Dude do a consult with an atty

and your SSn will follow you

goodluck

Thanks. I think that's what I'm going to do

[newacct 688]

So basically, I can't fast forward the process by using my already approved i-130 petition (2007) and just file my i-485 and the rest of my documents through my wife.

What I said was that, even if you could do it, it would not be any "faster", because through your wife, you also immediately file the I-485 anyway (the I-130 and I-485 are filed together).

My SSN was not issued using any process via petition. Should i put it on any of the documents I file whenver it ask's if I have one?

I don't really understand what that means. But if you have a Social Security number, then you have a Social Security number. It doesn't matter how you got it. It is yours and it stays with you for life. You put it on all of the questions that ask for it.

We will be living together fully within the 2months right now she is in between two until her sister comes back from china.

It will probably be best to just put the address where you guys will be living together. This is mostly for maling purposes at this point. However, do not say that you are currently living together in the question that asks where and when you last lived together.

[Darnell 8,478]

It's my understanding that the first I-130, with yer Mom as the Petitioner, can't be used for other stuff for adjustment of status.

I suggest you and your wife file a new Adjustment of Status set (we've a guide for that) and go forth.

Good Luck !

[Penguin_ie 5,993]

*** Moving from AOS from Family Visa to AOS from Tourist Visa as OP came on a B2 ****

[ValerieA 350]

I think all your questions have been answered, but I just wanted to check - have you ever claimed to be a USC? That is the only possible issue I see with your application. If not, follow the guide for AOS with both spouses in the US, and good luck!

[Skull 0]

I think all your questions have been answered, but I just wanted to check - have you ever claimed to be a USC? That is the only possible issue I see with your application. If not, follow the guide for AOS with both spouses in the US, and good luck!

In 1995, I've claimed myself as a USC when applying for my DL. I've also got called for Jury Duty which I've never served due to health issue. The most recent one was earlier this year which I was able to get excused permanently. For the most part, any document or application such as financial recored that that ask this question was notated as a USC. Will this be a problem and if so, how should I handle it?

A lot of my questions have been answered and I'm now more convinced that I will need to consult an attorney to represent me based on a lot of the information I've received from you guys.

[hmh33 117]

The false claim to citizenship is a big problem - almost the biggest problem you can have in immigration - and you need not just an attorney but a *good* immigration attorney who is experienced in that particular issue. And you must stop doing it immediately, never ever claim to be a US citizen until you are one.

[Skull 0]

The false claim to citizenship is a big problem - almost the biggest problem you can have in immigration - and you need not just an attorney but a *good* immigration attorney who is experienced in that particular issue. And you must stop doing it immediately, never ever claim to be a US citizen until you are one.

Thank you hmh33. As I stated earlier in my post, I made a lot of stupid mistakes from the beginning and just trying to clean things up.

[FelixTX 2]

The false claim to citizenship is a big problem - almost the biggest problem you can have in immigration - and you need not just an attorney but a *good* immigration attorney who is experienced in that particular issue. And you must stop doing it immediately, never ever claim to be a US citizen until you are one.

Well, of course he should stop, but now he has a huge problem, where not even an attorney can help... At all (Of course an attorney should be consulted in this situation either way)... If they figure it out, which is very possible if its on each tax return, etc. then that means ban for lifetime... Its not as easy that an attorney has the possibility to waive that for the client... If they find out, its over, as far as I remember the proceedings with that (I for example read about a case, where a girl was in the USA as an Au Pair, and she accidentially circled USC on the DL form... During the AOS process it was discovered and let to the denial and a lifetime ban although it wasnt intentional nor really "beneficial" for her...)

And I dont mean that in anyway mean, or hold something against the TO, but he needs to be aware of, that this little detail, can screw with his life, even if it is discovered after he already received his GC.

Edited May 16, 2013 by FelixTX

[hmh33 117]

It is certainly a really serious problem. I think only an experienced attorney with access to all the facts can say for sure whether it's a complete impossibility. There are subtleties and nuances - what counts as a claim, what counts as a benefit... I don't think I'm qualified to say whether or not it is insurmountable in the OP's particular case, and (no offense intended) I don't think anyone else on this forum is qualified either.

[ValerieA 350]

It is certainly a really serious problem. I think only an experienced attorney with access to all the facts can say for sure whether it's a complete impossibility. There are subtleties and nuances - what counts as a claim, what counts as a benefit... I don't think I'm qualified to say whether or not it is insurmountable in the OP's particular case, and (no offense intended) I don't think anyone else on this forum is qualified either.

I agree. This does require a lawyer, as the OP has stated they intend to consult. We have limited information on this forum for this situation. OP, I really hope you keep us updated! Good luck!