Very stressed out- Need some advice

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Stuats from Work, Student, & Tourist Visas forum.

**Organizer hat off**

OP, as others have said, the I-130 and I-485 need to be filed at the same time; filing them separately will not help your case.

[bumble 0]

@vegas

Yes, technically she is.

So her translated copy could take weeks, they're sending it from South Africa, and since it's already so late, and i'm also worried because her lawful status has expired, and after what my mom said, i think i should kick start the process as soon as i can.

[bumble 0]

Or should i send them concurrently w/out her birth certificate and send it later with ROF?

[VanessaTony 3,567]

Or should i send them concurrently w/out her birth certificate and send it later with ROF?

I would send it now. She'll get the receipt and then the RFE. the receipt is the thing that she needs most as it puts her in a period of authorised stay. Once she gets the RFE though she'll only have 86 days to respond.

[VanessaTony 3,567]

Okay, so i got my birth certificate, that is not what i'm worried about. She said 'cops' because she didn't know anything else, but if she does reports, they will tell her to to report her to the immigration officers or call USCIS. It's not hard for her to do that, and now since my wife have overstayed and which isn't going to help us, that's why i'm worried.

I was looking it up online and if the officers are suspicious, they start investigating like raiding the house, or following them , and worst arresting the petitioner. And most of the time they deny the case resulting in deportation of the immigrant.

You are the petitioner/sponsor, she is the beneficiary/applicant.

Whatever you're reading is HIGHLY inflammatory. These thing happen, but not as a common occurrence. Again, a letter from your hateful family will not be enough, ALONE, to deny you. They may ask you a few more questions, but it's not like they get the letter and say "oh, fake relationship, DENIED!". As long as you are a legitimate couple it shouldn't be a problem. You are not the first or last person to have family/friends do something like this.

If you're concerned your relationship won't stand up to the scrutiny, then you shouldn't apply.

[Ning 619]

I hate to break it to you, but there is nothing "Christian" about your family... No Christian would ever act like that towards another human being, let alone black mail them.

On a related note, you can apply for a copy of your birth certificate as if you lost it.

Ridiculous. Read up on King Constantine's' methods and actions.

[MCG 0]

I am sorry to hear that your family is being outright ominous towards your marriage. I have been through immigration processes many times, so I know the scare.

I would suggest file I 130 and I 484 forms CONCURRENTLY. Since I 485 is the form that gives her pending status. I 130 alone would not help at all. So please make sure you file them together and not think that somehow filing for I 130 alone is a solution. As far as the birth certificate goes, can anybody send scanned copy of her birth certificate in email??? She must have it at her house with her parents or something?? If you get scanned copy you can attach a photo copy of that.

You can just print it and attach it with your AOS. If you don't have birth certificate or copy at all then I would suggest you to send in whole application ( I 130, I 485, I 864, I 765, I 131) ASAP but ONLY and ONLY if you think the birth certificate is able to be produced within 2 months. As mentioned earlier you only get restricted amount of days after RFE. If you fail to provide the birth certificate in that period of time, they will most likely deny AOS.

[MCG 0]

Also, you/ your wife can translate the birth certificate yourself. You don't a special translator. You can translate it and sign it saying you are fluent in both languages.

I am not sure what is the exact hang about your wife's birth certificate. Because you would need original copy only at the interview.

[AnotherLostSoul 167]

I agree with this poster, bumble. There's probably many families who deny the future spouse. So, if you are confident you have enough evidence to show that your marriage/relationship is bona fide file for AOS. If, not, then either don't file, or if your family is so messed up, sure you won't miss them dearly, just move back to Africa with her. Either way, if you love her, and she truly loves you too, no matter what, and how things will work out you guys have to find a way to live together for the rest of your lives....whether it be here, or back in Africa, or in a middle somewhere in Europe/Asia. Good luck though!

You are the petitioner/sponsor, she is the beneficiary/applicant.

Whatever you're reading is HIGHLY inflammatory. These thing happen, but not as a common occurrence. Again, a letter from your hateful family will not be enough, ALONE, to deny you. They may ask you a few more questions, but it's not like they get the letter and say "oh, fake relationship, DENIED!". As long as you are a legitimate couple it shouldn't be a problem. You are not the first or last person to have family/friends do something like this.

If you're concerned your relationship won't stand up to the scrutiny, then you shouldn't apply.

[pushbrk 13,132]

Is she now a illegal Alien because she overstayed her visa?

NO, not until she has overstayed 180 days.

[Hypnos 6,578]

She is considered an alien illegally present in the US the day after her I-94 expires, the 180 day threshold is simply when the first ban kicks in.

[pushbrk 13,132]

A technicality with no meaningful distinction. If the OP is in a panic, there's no reason not to go ahead and file without the birth certificate. Just be prepared for the RFE when it comes, because it will.

[SoCalMark 49]

Mothers ... can't live with them ------- Can't live with them!

I have not spoken with my mom almost 2 1/2 years now because I married a foreigner. I am over her now ... she did her job and it's not her concern.

[BirdyGirl85 23]

This is sad... I have a very close relationship with my mother and if she didn't accept my husband, I would be very upset. I'm really sorry to hear about the way your family is treating your wife, that is really horrible.

Really, why so much hate towards marrying a foreigner? Unless you are a full Native American, your family once immigrated here. I just don't understand people...

Edited June 12, 2013 by BirdyGirl85

[AnotherLostSoul 167]

I had a very close relationship with my Mom as well, but unfortunately she has passed away before I turned 15. So, she missed out all my school graduations, and also my wedding, and will miss out on the kids when they'll come....so it goes. I often wonder how she would react to what I'm doing with my life....but I think she would support it as she always wanted us to be happy...and yes, you are completely right...those people who snare at immigrants...well, I guess we should have stopped immigration right at 1492. LOL

This is sad... I have a very close relationship with my mother and if she didn't accept my husband, I would be very upset. I'm really sorry to hear about the way your family is treating your wife, that is really horrible.

Really, why so much hate towards marrying a foreigner? Unless you are a full Native American, your family once immigrated here. I just don't understand people...