first of all, hey! I am new to this forum and i appologise in advance if i've posted this is the wrong section. However. I have been trawling around for help and advice for so long now that i think my brain may actually explode soon if i do not figure a few things out. So, i am going to tell you my issue and cross some fingers that someone somewhere on here can guide me in a good direction. Heres hoping!

My situation is this:

I am a UK citizen and my husband is a citizen of the USA. We both currently reside in our own respective countriess and I visit every 12 weeks or so for a few weeks at a time before having to return to the UK for my job and my sons schooling etc as that is the responsible thing to do.

I am currently in the USA on a visa waiver and I fly back on 14th January, to the Uk. My first question, which i expect to get a flat out NO to is "Can i stay in the USA on a visa waiver and apply to stay here NOW instead of going home and filing millions of forms and spending months or years away from my husband? - I'm pretty sure this is NO! So i'll continue...

I havedownloaded up-to-date versions of the I-130 form and I understand that my husband has to sent this off in order for me to be able to make an application for a visa. I ALSO understand that there is a G-325A form but iam unclear as to when i need to fill this is, when it gets sent and if it gets sent with the I-130??? Also, do both myself and my husband need to fill in the G-325A form and ALSO fill in one for my son? How does that work?

ALSO - When do we send off payments, are these sent with the forms or when we have confirmation that everything is recieved? Is there a charge for sending the G-325A? (and is this filed at the same place as the I-130)

Are there any other forms that i will need to consider sending at such an early stage of application? What kind of proofs do i need to send with it? Is there any useful help and/or advice you could give me about family based immigration (it is myself and my son who wish to live with my husband in the USA).


I hope that I have been clear with my query, I understand that all processing for ANY visa seems to be extremely confusing and daunting. It must, however be possible though, or else nobody would ever get the chance to move!

Thank you in advance for any help you could give!

Thanks

Lisa xx

You're right - the answer is no. You need to file for an immigrant visa, either CR-1 or K-3.



The G-325A is submitted with your I-130 as part of the initial petition. Your son can be listed in the dependants section of this form.



You will send in a payment with the initial petition, then there will be a charge for the medical exam (currently 170GBP but subject to change), and then there is a fee at the consulate to have the visa issued of approximately $400USD.



Check the Guides for a step by step of what gets included and when. The instructions on the I-130 tell you what to submit with that; when you get to the interview stage, London sends you a packet with a checklist of the forms and proof of your marriage that you'll need to gather for your interview (this is the more intensive bit, as it includes financial data, proof of your marriage, and things like police certificates, etc.)


Best of luck!!

Thanks, that has clarified a couple of things. Just so i know for sure though. When we send the G-325A - we need to fill in one for me and one for my husband separately, is this correct?

Thanks xx

Goto uscis.gov. Find and click on immigration forms. Find the link I-130. There are two pdf files...form I-130...the other is the link to the instructions on completing the I-130. Read the instructions. They are most valuable and will answer most of your questions and allow you to ask vj.com more situation specific questions.

Also, sorry, what is a CR-1? (am i being stupid?)

That is correct...but remember, each form is 4 pages long so your G-325A will contain 4 identical pages and your husbands Form G-325A will also contain the full 4 pages...together, you'll have 8 pages..hope that makes sense. Don't fill out one page and copy the other three....have original singnatures on each page.

Yeh, that threw me a bit the first time i printed it - thought i'd done it wrong, then it wasn't too clear as to what i needed tofill in!

I don't need a G-325A for my son, or do i?

I've now downloaded the I-130, the instructions (even though my printer tried to chew them up!), the G-325A forms but only 1 set thus far as i just ran out of paper - but i'll be filling them all in on the computer so that they're done properly. Just need to sit with them in my hand and read them through first, if that makes any sense?

Thanks for your help, this is more help in 10 minutes than ive had in weeks lookin up things on the internet and calling the gov. People just don't seem to be able to - or WANT to help!



xx

You're not being stupid, you're just not knowledgeable of million different things you'll getting ready to learn We've all been there...I guess that's why they call this a JOURNEY... We'll all be immigration lawyers by the time we get to be with our spouse. But, I would advise you to please consider reading the guides. There is a wealth of information already published there that answers most general questions...but don't let that make you hesitant to post your questions.

IR-1/CR-1 are IMMIGRANT visas. They differ from K-3 visa in that K-3 is a NONimmigrant visa. OK, so what does that mean? The main difference between the immigrant visa and non-immigrant visa is that when you enter the u.s. with an immigrant visa (ir/cr) you enter as a permanent resident, unlike with the non-immigrant or K-3. Traditionally, it appears that you could get your spouse here faster going the K-3 route but recent time lines indicate that this is not really the case anymore. If you enter the u.s. on non-immigrant K-3 visa, you'll have to apply for adjustment of status...adjustment to permanent status...this take more time and over $1000.

The difference between IR and CR is the amount of time you've been married before you enter the U.S. If I remember correctly, if you've been married less than 2 years, you'll receive the CR visa...which basically says your permanent status is "conditional" for 2 years and results in a 2 or 3 year green card (may want to check my accuracy on that). If you've been married for over two years, you'll receive the IR visa with no conditional status and the 10 year green card.

With both immigrant visas, the alien spouse has the right to begin working in the U.S. immediately upon entry. This is not the case with non-immigrant K-3 visa.

There are more distinctions but I believe these are the main ones....Again, please read the guides

I'm sorry I can't help you with the questions concerning your child. I've no experience in that area and I don't want to lead you the wrong way. I will make a final suggestion. I would suggest posting your questions in the following forum...IR-1 / CR-1 Spouse Visa General Discussion...or....K-3 Spouse Visa General Discussion. I believe you'll find excellent advise from the member who post there.

Thanks again

I'll post in that forum when i've gone over these forms again - i actually had a lot of this stuff figured out this time last year when i first looked into it but some of the information slipped my mind and i was unable tofind it again. I know the difference between the fiance and marriage visas just didnt realise that the CR-1 was what i was applying for - was concerned for a second there that i'd missed something,but no,its ok

I actually thought about becomming an immigration lawyer once....maybe i should re-consider said option, again! heh..

Thanks for your time xx

If you did not have Immigrant intent when you enetered the US then you can file now and stay and adjust.

But what about your childs education and your job?

I thought the school term had started?

You might want to check out what Boiler has mentioned - I would recommend that you have a consulatation with a good immigration lawyer.

If you decide to go the CR1 route, just wanted to pass on this little tidbit, assuming your child is your Husband's step-child, you will want to include the child's birth certificate with your I-130:

http://www.visajourney.com/forums/index.php?showtopic=100209

I agree with Boiler... if you did not enter the US with the intent of remaining and filling for AOS and had planned to return to the UK... BUT you have since changed your mind and would like to remain then you can... you need to file the I-130 along with the AOS packet.... have a chat with a immigration lawyer just to go over your case and make sure you dont have any issues that could cause you problems at a later date....

Kez

Only trouble with this though, is that i entered on a visa waiver and by doing that you waive your rights to be able to stay and adjust status. I can't find ANYTHING that suggests that I would be able to stay if I were to change my mind now - it would also looks far too suspicious seeing as the last time i came over i didnt bring my son and now all of a sudden here i am, with my son and TA DA! want to stay.

I have to fly home tomorrow and have no time to see a Lawyer with reguards to the situation.

SO frustrating because if i don't go tomorrow i wont be able to afford to go back for months as i could not afford the ticket.

Only trouble with this though, is that i entered on a visa waiver and by doing that you waive your rights to be able to stay and adjust status.

You waive your rights to appeal, you can adjust, thousands do it every year.



Post above, for a start.



That depends, in itself impossible to comment.



You may be able to re-book for a change fee, if you stay and adjust it will be 3 months or so before you could work.

On the back of the Visa Waiver I signed it says that by signing the form i am ineligable to apply for any status other than non-imigrant.

Is there anything written in stone about staying on a visa?

WAIT! I just looked aaround a little and it turns out that yes, you are exactly right.

You are NOT, apparently, eligible to apply for AOS within the USA if you have entered the USA on a visa waiver.

HOWEVER. This is in exception to something in the INS (section 201 ( b )) which states that this does NOT include immediaterelatives (thats me!).

Apparently, as long as you have been inspected at a port of entry and did not enter illegally (this is to be proven) and decided to stay and adjust status you can do so as you have effectively been "inspected" at a port of entry and granted permission to enter therefore having been granted that you were planning to enter without staying etc (its a bit more complicated than this but its pretty much a tiny void of a almost-loophole, but not really a loop-hole because its fact and possible, they just seem to hide it behind informaiton such as by telling you you are NOT allowed to AOS unless blah blah blah as stated in section 201 ( b ) of the INS!! - so they basically do say, "if you get in, you can stay, but you have to get off your arse and look up what section 201 ( b ) has to say for itself first so that you know".)

I don't know if that will help anyone?

I've decided to still go home tomorrow because we need the money i get from my job and my son has school. We are going to take our time over these forms and make sure we get it right so that I either come back on holiday in a couple of months, should i be able to afford that, OR just say screw the back and forth stuff and just wait MONTHS for the visas now.

Either way, i'm a little more optimistic about the situation thanks to you guys

You did not mention the most important quaification, you need to have non immigrant intent when you entered, so if you come back with that intent, its a no go.

Lisa, you need two sets of G-325A, ons set for you and nother set for your husband. You don't need any G-325A for your child. CR-1 (Conditional Residency or conditional greencard)) visa is an immigrant visa issued to a spouse, the marriage is less than 2 years old during the time of issuance. If the marriage is over 2 years old, IR-1 (permanent green card) visa is issued.

Yeh, i know. I never intend to stay when i come over. I have a job and a life in England and only get so much time off every year to travel.

When you enter at a point of entry you're effectively prooving that you are entering without the intent to stay, coz if you get let in, they stamp your passport and effectively agree that they feel you are telling the truth. Which is almost where the loophole that isnt really a loophole at all, is.

Point being though, if i did go over intending to come back like this time but something came up like money or a new job for my husband or a change in some kind of circumstances, the opportunity is there to change my mind.

We can't currently afford for me to stay anyway and i'm not about to get myself a 10 year ban coz im not stupid. If I intended to try and stay i'd have tried it by now. I've been back and forth over there for almost 2 years.

Nope, no idea where you got that from, a source?