"You must qualify to file for an I-130 in the US". What do I need to do to qualify?

[cessna_inspiron 0]

"You must qualify to file for an I-130 in the US" << That's what i found in Guides. The question is: what do i have to do to QUALIFY? What are the requirements?

[YuAndDan 153]

Be either a US Citizen, or Lawful Permanent Resident (Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. ) to qualify to file an I-130

http://travel.state.gov/visa/immigrants/ty...types_1306.html

Edited December 11, 2006 by YuAndDan

[cessna_inspiron 0]

Be either a US Citizen, or Lawful Permanent Resident (Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. ) to qualify to file an I-130

http://travel.state.gov/visa/immigrants/ty...types_1306.html

"You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously"

My future wife is an US citizen by birth. I came here on tourist visa and expired. She wants to file for me two-three months after we get married but she doesn't want me to go back to my home country. She wants me to adjust my status living inside the US. I didn't come to the US with the intent of immigration and marriage. I have come to the US before on 2005 and stayed for 5 months but this time i am staying for more than 7 months, although i was supposed to leave in 6 months after the entry to the US. So far, i have calculated and figured out that i have overstaying for more than 45 days. The expiry date printed on the i-94 card was november 05, 2006.

It strongly states in Guides that if the couple are already married, and the spouse came to the US on tourist visa with the intent of immigration, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US. But it's just that I can't afford to go back because due to the lack of work permit i didn't look for work, although i work 6 days a week only to receive food and shelter from my employer. and since i haven't been receiving any money, i certainly can't afford to pay for the plane tickets, which would cost more or less than 2500 dollars in total. Also i fear that i will be denied reentry to the US because i have overstayed and two. in my country, even a legal marriage to a US citizen is considered fraud since so many people in my country would risk their lives to make it to the US by any means. hence i'm too afraid and she is too, which is why she wants me to get married to her in the US, then she will file for my EAD and i-130 and adjust status sitting in the US, not outside the US. is it possible at all?

[desert_fox 32]

go see an immigration attorney.

Its obvious that you dont want to return. Im certainly not convinced that you are marrying for love, but for a green card.

How is she going to supply the affidavit of support?? ...since she is on welfare.

[cessna_inspiron 0]

go see an immigration attorney.

Its obvious that you dont want to return. Im certainly not convinced that you are marrying for love, but for a green card.

How is she going to supply the affidavit of support?? ...since she is on welfare.

She is already pregnant, has my kid and if still you are saying that i am marrying for green card, then god please help me

But she already got a job in Dunking Donuts and previously she worked in there too although quit when she was promoted to the position of a manager

May be she aint gonna be able to do that, or the opposite could happen, but i can bring a co-sponsor if you want.

I don't want to return and that's true. But it's also true that i am marrying her for love, not the green card. But a green card or the permission to stay and work legally in the USA is needed if i truly love her and provide her with financial support and everything so that she and my future child can enjoy a better life. If I truly love her, then i will also want to live together with her too in a room and apartment and they all cost money. What do you want me to do? You want me to live together with her illegally and starve and die in her apartment? or do you want me to find a job legally so that i could build a better future for the up-coming family?

[cessna_inspiron 0]

http://www.visajourney.com/forums/index.php?showtopic=45375

My case is similar to that canadian guy except for the fact that his wife aint on social welfare and also that i am out of status but not an illegal alien, and also that i work but don't receive money from my employer. all he does is provide me with food and shelter. and i have been overstaying for 45 days, while he is overstaying for more than 2 years or so

[cessna_inspiron 0]

desert, what do you mean when you say "Its obvious that you dont want to return" ? i am already in the USA and i want to change status from here. If i go back now i will lose both my girl, the future kid and everything that i have bought her so far. People in my country are getting refused numerous types of visas starting from tourist to student visas every single day and when i hear their stories, it makes me worried and upset. it's too risky. also i just don't have enough money. just because i can bring affidavit of support from somebody (or my aunt) doesn't necessarily mean that she will be willing to lend me that money. and even if someone does lend me the money to buy the tickets, given the situation in my country where it's impossible to go outside without fear of getting killed or robbed, i will never be able to pay her back.

[kitkat1 5]

You have already posted a thread asking about how to adjust your status - all the answers are there. YOU are not the person who has to qualify for the I-130 - your wife is. She needs to be a US citizen (and prove it) and provide all the necessary documentation to prove your marriage. She also needs to be able to prove that she can support your financially since you are not authorized to work and will not be until this process is complete. If you are still concerned about whether or not you qualify to adjust your status in the US, have a consultation with a qualified immigration attorney and find out. But like the answers in the thread explained, if she can meet the requirements of the petition, it sounds like you qualify to adjust your status.

[cessna_inspiron 0]

go see an immigration attorney.

Its obvious that you dont want to return. Im certainly not convinced that you are marrying for love, but for a green card.

How is she going to supply the affidavit of support?? ...since she is on welfare.

um how about this is how she is gonna do it? http://www.visajourney.com/forums/index.php?showtopic=45639

[Yodrak 7]

cessna_inspiron,

Read the form instructions. This is the first item.

Yodrak

"You must qualify to file for an I-130 in the US" << That's what i found in Guides. The question is: what do i have to do to QUALIFY? What are the requirements?