Ready to put all paperwork but where do I send it?

[leo the lion 0]

My wife and I are about to submit all our paperwork for my green card - It's a straight forward application - US wife, UK husband, husband entered US as visitor a month ago on I-94.........Forms being submitted I-130, I-485, G-325's, I-864, I-693, I-765 and I-131 with all the supporting docs, photos and fees but we're a little confused on where they have to go. We live in Colorado and I initially thought they had to go to the USCIS Center in Nebraska but having looked again at the filing instructions on many of the forms it would appear that as we are filing the 130 and 485 at the same time they have to go to Chicago. Is that right? Please excuse me for asking what may be a stupid question but my head is spinning after going through all the filing instructions on all the forms and I just want to make sure I send the forms to the right place. Any help or guidance would be greatly appreciated.

[YuAndDan 153]

If husband entered as a visitor after marriage, you may have a problem filing, using visitors visa to immigrate is considered visa fraud.

Edited September 6, 2007 by YuAndDan

[YuAndDan 153]

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

http://www.visajourney.com/forums/index.ph...page=i130guide2

[leo the lion 0]

If husband entered as a visitor after marriage, you may have a problem filing, using visitors visa to immigrate is considered visa fraud.

YuAndDan.........Thank you very much. I just needed some reassurance that what I was seeing was correct as everyone I have ever spoken to about any immigration matter here in Colorado talks about the Nebraska Center

[Nancy2015 2]

U. S. Citizenship and Immigration Services

P.O. Box 805887

Chicago, IL 60680-4120

or

For non-United States Postal Service (USPS) deliveries (e.g. private couriers):

U. S. Citizenship and Immigration Services

Attn: FBASI

427 S. LaSalle – 3rd Floor

Chicago, IL 60605-1098

Edited September 6, 2007 by Sid and Nancy

[Nancy2015 2]

If husband entered as a visitor after marriage, you may have a problem filing, using visitors visa to immigrate is considered visa fraud.

You're right. And since they're filing AOS only a month after the entry with a non-immigrant visa, there's no way the IO will overlook it. But who knows, people get away with a lot of stuff...

[YuAndDan 153]

U. S. Citizenship and Immigration Services

P.O. Box 805887

Chicago, IL 60680-4120

or

For non-United States Postal Service (USPS) deliveries (e.g. private couriers):

U. S. Citizenship and Immigration Services

Attn: FBASI

427 S. LaSalle 3rd Floor

Chicago, IL 60605-1098

Correct, Chicago is the mail processing center for Missouri Service Center (MSC) or also know as the national benefits center.

Nebraska is only used as a mail center for I-130 cases if you live in that center's jurisdiction and only before July 30, since you are talking about an I-485 adjustment of status case, you send everything to the Chicago mail box.

Edited September 6, 2007 by YuAndDan

[leo the lion 0]

I've read the 'step by step' guide and I'm now very worried. My circumstances are as follows:-

I met my wife three and a half years ago whilst working on a cruise ship in the Caribbean. We were both working for the Cruise Line concerned. I am a UK citizen and she is now a US Citizen having got her nationality about 18 months ago. I have been visting her in the US for the past three and half years in between contracts on the ship and I hold a C1/D Visa. We decided to get married in March this year and we got married in the USA in Florida. I then left the ship in March after the marriage on a Visa Waiver I-94 which allowed me to stay in the US for 90 days. We stayed together in Colorado for about two months and then I returned to my job on the Cruise Ship in May, thereby leaving the country. I completed a contract on the ship and left the ship and entered the US with a Visa Waiver I-94 given to me by the Immigration Authorites at the Port and flew straight up to Colorado. After a few weeks of being with my wife in Colorado we decided that it was time to settle down - she is six months pregnant - and we would go for my green card and that I would not return to the ship. I informed my company and started to get all the paperwork ready which we are submitting ourselves - without using a lawyer. We had an 'hours sit down' with an Immigration Lawyer and she seemed to think everything was a 'green light'

As I said this has really got me worried. Can someone tell me if I have got this horribly wrong

[Nancy2015 2]

I've read the 'step by step' guide and I'm now very worried. My circumstances are as follows:-

I met my wife three and a half years ago whilst working on a cruise ship in the Caribbean. We were both working for the Cruise Line concerned. I am a UK citizen and she is now a US Citizen having got her nationality about 18 months ago. I have been visting her in the US for the past three and half years in between contracts on the ship and I hold a C1/D Visa. We decided to get married in March this year and we got married in the USA in Florida. I then left the ship in March after the marriage on a Visa Waiver I-94 which allowed me to stay in the US for 90 days. We stayed together in Colorado for about two months and then I returned to my job on the Cruise Ship in May, thereby leaving the country. I completed a contract on the ship and left the ship and entered the US with a Visa Waiver I-94 given to me by the Immigration Authorites at the Port and flew straight up to Colorado. After a few weeks of being with my wife in Colorado we decided that it was time to settle down - she is six months pregnant - and we would go for my green card and that I would not return to the ship. I informed my company and started to get all the paperwork ready which we are submitting ourselves - without using a lawyer. We had an 'hours sit down' with an Immigration Lawyer and she seemed to think everything was a 'green light'

As I said this has really got me worried. Can someone tell me if I have got this horribly wrong

Entering the U.S. with a VWP with an intent to adjust status to legal permanent resident is visa fraud. But a lot of people get away with it because quite frequently, immigration officers are more concerned with the bona fide nature of relationship than intent upon entry.

[leo the lion 0]

Thanks Sid and Nancy. I feel a little bit better but very anxious.

[Jasman0717 9]

Good luck with your petition Chicago is the filing place

[Killer_Clown_2009 0]

You entered the US legally and are now married to a USC. It is perfectly legal and acceptable for you to concurrently file an I-130 and I-485 from within the US.

If you are really worried about the intent issue, you may want to contact a lawyer who can help you with your interview process.

According to USCIS policy, marriage based AOS applications are not to be denied based on "intent to immigrate" alone. If you have a valid marriage, and didn't lie when you entered the country, personally I don't think that you would run into a lot of problems.

Then again, I'm not a lawyer, but I have adjusted status from a tourist visa, and have done a lot of research on the topic.

[leo the lion 0]

Jane, thanks for your advice and your line of thought is very much the same as mine. I'm going to speak to a lawyer over the next couple of days to put my mind at rest.

Edited September 6, 2007 by leo the lion

[TracyTN 237]

I'm not sure we can categorically say what they will do in this situation. I remember a story that Magnolia31 told us here about a friend of hers from Germany. She entered the US on the VWP, married her fiance shortly thereafter and sent in the I 130/I 485, etc. She was denied AOS (without an interview, even) because they concluded she had immigrant intent when she entered on the VWP. She is now back in Germany. (I'll try to find the link to the story.)

Of course, there may have been other circumstances that brought USCIS to that conclusion, but if so, we don't know what they are (at least Magnolia31 didn't, if I remember reading correctly).

I hope it works out for you.

[payxibka 10,047]

You entered the US legally and are now married to a USC. It is perfectly legal and acceptable for you to concurrently file an I-130 and I-485 from within the US.

They were not just "now" married, they have been married for some time and it is just "now" that he entered and decided to stay.... This is NOT a simple "cookie cutter" case......