Jump to content
Sign in to follow this  
Isabel

Serious problem...i believe o.o

26 posts in this topic

Recommended Posts

Hello guys:)

I havent been on the forum for a while now, so I guess I am very much out of the loop. Since I immigrated to the US I have had a little daughter and my marriage with my hubby works out great. I am very greatful for that! So everyone who is still in the process HANG in there! I know it is tough!

But concerning my problem: :help:

We have met a young family along the way here. They are kind and everything but they have got a problem. She is canadian, he is the US citizen. She has been in the states for 3 years now. She came to the US 3 years ago and they both married here in the states, not knowing that they had to file any immigration paperwork. :blink: Well, anyway. She obviously doesnt have a legal status. So last year in february when they found out that they actually have to file for that they started the proccess. They filled out an I 130 and sent it away. They did not include the I 94 info but stated that she was in the states as a visitor....which is not really true, since she lives with him here. Anyway they sent the form back to them but not because that info was missing, no they wanted proof that the marriage was legally done in the states. Ok....so I am very much confused now. Both of them didnt persue it from that point on....lazyness I guess, dont know.

Anyway it makes me angry on one hand and on the other hand I'd like to help them out to get finally started.

So I read over the filing instructions of the I 130 and didnt see anything that she cannot be living with him in the US while she files. So is it ok? I always thought you have to be seperated for that :blink:

I asked them to call the local immigration office around here and explain the situation to find out where to start and what to do. They are both afraid they get seperated...especially her, she is very co- dependant.

I know this is a hot topic but I also know you guys are the experts since most of you are still in the process. I have no idea if there are any options for them at all?

Please let me know what you think. I'd really appreciate it. Cos I am out of ideas.

Isabel :bonk:

Edited by Isabel

OUR TIMELINE

01/20/06...married

02/28/06...NOA1....I-130 VSC

May 2006..Medical in Frankfurt

06/14/06...I-130 approved via email [day 111]

06/19/06...NOA2....I-130 received via mail

07/10/06...talked to embassy to expedite the process

07/12/06...NVC stated case completed and sent to FRANKFURT[day 147]

07/17/06...received packet 3 from embassy

07/29/06...received packet 4

08/15/06...INTERVIEW at 7:30am- APPROVED

08/21/06...VISA received

08/23/06...Flight to US

08/23/06...I am back home

09/20/06...received greencard in mail

09/27/06...received SSC in Mail

09/23/07...our daughter was born :)

30/05/07...filed for Removal of Conditions

07/05/08...received NOA for I-751

01/07/08...college here I come :)

waiting for biometrics and Approval.....

usa1.gifKeith & IsabelgermanyWHT_rd30.gif

Share this post


Link to post
Share on other sites

They should see a lawyer.


Sent I-130 to VT 25-Oct-2007

I-130 Moved to California 6-August-2008

My petition has been in 3 states (1, twice) in 9 months!

Rec'd by CSC 8/9, touched 8/11, 8/12, 8/15, 8/20, 8/25

Approved Tuesday, 25-August-2008

10 months since we mailed the petition

Rec'd NVC 9/3, Invoice Generated 9/10, DS-3032 emailed 9/11.

Rec'd AOS invoice 9/15, paid online 9/15, Accepted as Paid 9/18, mailed I-864EZ 9/19

IV Invoiced 9/18, paid online 9/19, Accepted as paid 9/22

DS-230 sent 10/2

Case complete @NVC 10/8 - 11 months, 1 week and 6 days

Interview in Montreal December 18, 2008 - scheduled 1 year, 1 week and 3 days after the start of our journey. Takes place 1 year, 1 month, 3 weeks and 2 days after the start...

[X] Passed [ ] Failed Interview

Thursday, April 2, 2009 Activated Visa - 1 year, 5 months, 1 week and 1 day

Share this post


Link to post
Share on other sites
They should see a lawyer.

Think that would help? :blink: How? Other than costing alot of money what can a lawyer do?

Sorry for the stupid question I just dunno how a lawyer could help em :huh:


OUR TIMELINE

01/20/06...married

02/28/06...NOA1....I-130 VSC

May 2006..Medical in Frankfurt

06/14/06...I-130 approved via email [day 111]

06/19/06...NOA2....I-130 received via mail

07/10/06...talked to embassy to expedite the process

07/12/06...NVC stated case completed and sent to FRANKFURT[day 147]

07/17/06...received packet 3 from embassy

07/29/06...received packet 4

08/15/06...INTERVIEW at 7:30am- APPROVED

08/21/06...VISA received

08/23/06...Flight to US

08/23/06...I am back home

09/20/06...received greencard in mail

09/27/06...received SSC in Mail

09/23/07...our daughter was born :)

30/05/07...filed for Removal of Conditions

07/05/08...received NOA for I-751

01/07/08...college here I come :)

waiting for biometrics and Approval.....

usa1.gifKeith & IsabelgermanyWHT_rd30.gif

Share this post


Link to post
Share on other sites

Visa overstays are forgiven with a marriage to a US citizen. They can and perhaps would benefit from consulting an attorney, because it seems they do not know what they're doing...and third person assistance will be of no benefit to them.

They need to file the I-130 and the I-485...along with the EAD(Employment Authorization) and AP (Advance Parole) petitions. The EAD and AP are optional documents....the first two are not and need to be filed together. I would suggest that your friends log on to VJ and look at the guides to get better informed, and perhaps they should look into a consultation w/ a qualified immigration lawyer. A simple consultation, where they will get a lot of good information applicable to their particular case is not that expensive(there are even agencies that offer free immigration legal advice), and it is in their best interest to get this resolved.

Good luck,

-P


funny-dog-pictures-wtf.jpg

Share this post


Link to post
Share on other sites
So where are they now in their process? Did they get an RFE for proof they were married in the US and she was here legally when they married?

yes they got that paperwork but did not go any further :angry: I have no idea why??? Anyway they have all the papaerwork here...I have it sitting in front of me. They just never sent it back...which pretty much means its denied and they have to start over right?

So if she was legal when they married does that make a difference?

Visa overstays are forgiven with a marriage to a US citizen. They can and perhaps would benefit from consulting an attorney, because it seems they do not know what they're doing...and third person assistance will be of no benefit to them.

They need to file the I-130 and the I-485...along with the EAD(Employment Authorization) and AP (Advance Parole) petitions. The EAD and AP are optional documents....the first two are not and need to be filed together. I would suggest that your friends log on to VJ and look at the guides to get better informed, and perhaps they should look into a consultation w/ a qualified immigration lawyer. A simple consultation, where they will get a lot of good information applicable to their particular case is not that expensive(there are even agencies that offer free immigration legal advice), and it is in their best interest to get this resolved.

Good luck,

-P

TY so much for that advice I will let them know. And I am surprised that this is forgivable. That is awesome. BTW what is Advanced parole?

Greets Isabel


OUR TIMELINE

01/20/06...married

02/28/06...NOA1....I-130 VSC

May 2006..Medical in Frankfurt

06/14/06...I-130 approved via email [day 111]

06/19/06...NOA2....I-130 received via mail

07/10/06...talked to embassy to expedite the process

07/12/06...NVC stated case completed and sent to FRANKFURT[day 147]

07/17/06...received packet 3 from embassy

07/29/06...received packet 4

08/15/06...INTERVIEW at 7:30am- APPROVED

08/21/06...VISA received

08/23/06...Flight to US

08/23/06...I am back home

09/20/06...received greencard in mail

09/27/06...received SSC in Mail

09/23/07...our daughter was born :)

30/05/07...filed for Removal of Conditions

07/05/08...received NOA for I-751

01/07/08...college here I come :)

waiting for biometrics and Approval.....

usa1.gifKeith & IsabelgermanyWHT_rd30.gif

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline

Hi,

If lawyer is not on their priority list, then maybe start doing research and readings about how immigration process their case. Its certainly complicated..

I hope they could fix it. :)

They should see a lawyer.

Think that would help? :blink: How? Other than costing alot of money what can a lawyer do?

Sorry for the stupid question I just dunno how a lawyer could help em :huh:

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Mexico
Timeline
So where are they now in their process? Did they get an RFE for proof they were married in the US and she was here legally when they married?

yes they got that paperwork but did not go any further :angry: I have no idea why??? Anyway they have all the papaerwork here...I have it sitting in front of me. They just never sent it back...which pretty much means its denied and they have to start over right?

So if she was legal when they married does that make a difference?

How long ago did they get the RFE?

Share this post


Link to post
Share on other sites
So where are they now in their process? Did they get an RFE for proof they were married in the US and she was here legally when they married?

yes they got that paperwork but did not go any further :angry: I have no idea why??? Anyway they have all the papaerwork here...I have it sitting in front of me. They just never sent it back...which pretty much means its denied and they have to start over right?

So if she was legal when they married does that make a difference?

How long ago did they get the RFE?

June 15th 2007 and they were given till sept 07, 2007 and they f'd it up. So start over right?


OUR TIMELINE

01/20/06...married

02/28/06...NOA1....I-130 VSC

May 2006..Medical in Frankfurt

06/14/06...I-130 approved via email [day 111]

06/19/06...NOA2....I-130 received via mail

07/10/06...talked to embassy to expedite the process

07/12/06...NVC stated case completed and sent to FRANKFURT[day 147]

07/17/06...received packet 3 from embassy

07/29/06...received packet 4

08/15/06...INTERVIEW at 7:30am- APPROVED

08/21/06...VISA received

08/23/06...Flight to US

08/23/06...I am back home

09/20/06...received greencard in mail

09/27/06...received SSC in Mail

09/23/07...our daughter was born :)

30/05/07...filed for Removal of Conditions

07/05/08...received NOA for I-751

01/07/08...college here I come :)

waiting for biometrics and Approval.....

usa1.gifKeith & IsabelgermanyWHT_rd30.gif

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Mexico
Timeline

I think the USC should make sure that USCIS has closed the case first. Then read the guidelines here for filing I-130 and AOS together. She has to be able to prove she was here legally when they married and that she hasn't left the country since she entered and was married. Remember to do this she would have had to enter the US without intent to marry but married while here and did not leave. She will have to convince USCIS of this to be approved.

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
So where are they now in their process? Did they get an RFE for proof they were married in the US and she was here legally when they married?

yes they got that paperwork but did not go any further :angry: I have no idea why??? Anyway they have all the papaerwork here...I have it sitting in front of me. They just never sent it back...which pretty much means its denied and they have to start over right?

So if she was legal when they married does that make a difference?

How long ago did they get the RFE?

June 15th 2007 and they were given till sept 07, 2007 and they f'd it up. So start over right?

Yes, start over with the I-130 and status adjustment. See the AOS guide. They'll file not just the I-130 but the I-485 at minimum and probably the EAD and AP documents as well. There are only fees for the I-130 and I-485.

At least a consultation with an attorney would be a good idea. They don't have to hire one to do the work.

This is in the CR1 visa forum. She doesn't need a visa because she's already here.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
I think the USC should make sure that USCIS has closed the case first. Then read the guidelines here for filing I-130 and AOS together. She has to be able to prove she was here legally when they married and that she hasn't left the country since she entered and was married. Remember to do this she would have had to enter the US without intent to marry but married while here and did not leave. She will have to convince USCIS of this to be approved.

alright to make things really complicated: she did go to canada again to visit her family after they got married. Does that make the whole thing worse? What does that change?


OUR TIMELINE

01/20/06...married

02/28/06...NOA1....I-130 VSC

May 2006..Medical in Frankfurt

06/14/06...I-130 approved via email [day 111]

06/19/06...NOA2....I-130 received via mail

07/10/06...talked to embassy to expedite the process

07/12/06...NVC stated case completed and sent to FRANKFURT[day 147]

07/17/06...received packet 3 from embassy

07/29/06...received packet 4

08/15/06...INTERVIEW at 7:30am- APPROVED

08/21/06...VISA received

08/23/06...Flight to US

08/23/06...I am back home

09/20/06...received greencard in mail

09/27/06...received SSC in Mail

09/23/07...our daughter was born :)

30/05/07...filed for Removal of Conditions

07/05/08...received NOA for I-751

01/07/08...college here I come :)

waiting for biometrics and Approval.....

usa1.gifKeith & IsabelgermanyWHT_rd30.gif

Share this post


Link to post
Share on other sites
I think the USC should make sure that USCIS has closed the case first. Then read the guidelines here for filing I-130 and AOS together. She has to be able to prove she was here legally when they married and that she hasn't left the country since she entered and was married. Remember to do this she would have had to enter the US without intent to marry but married while here and did not leave. She will have to convince USCIS of this to be approved.

Ya i read that and that seems fitting. The problem is they came to america and married figuring that she gets a greencard just because they married and they dont have to file for anything. Well when she left and visited her family and re entered she ran into some trouble at the POE and she only got in because her hubby was in the military at that time. She, however, got the oder not to leave the states anymore. So since then she has been here.

Did she have to have a tourist visa when she came to the states? Dunno how it works with canada. I know she just came in with her passport no visa whatsoever. But she did get a stamp and that I 94. So i guess she was legal.

Edited by Isabel

OUR TIMELINE

01/20/06...married

02/28/06...NOA1....I-130 VSC

May 2006..Medical in Frankfurt

06/14/06...I-130 approved via email [day 111]

06/19/06...NOA2....I-130 received via mail

07/10/06...talked to embassy to expedite the process

07/12/06...NVC stated case completed and sent to FRANKFURT[day 147]

07/17/06...received packet 3 from embassy

07/29/06...received packet 4

08/15/06...INTERVIEW at 7:30am- APPROVED

08/21/06...VISA received

08/23/06...Flight to US

08/23/06...I am back home

09/20/06...received greencard in mail

09/27/06...received SSC in Mail

09/23/07...our daughter was born :)

30/05/07...filed for Removal of Conditions

07/05/08...received NOA for I-751

01/07/08...college here I come :)

waiting for biometrics and Approval.....

usa1.gifKeith & IsabelgermanyWHT_rd30.gif

Share this post


Link to post
Share on other sites
I think the USC should make sure that USCIS has closed the case first. Then read the guidelines here for filing I-130 and AOS together. She has to be able to prove she was here legally when they married and that she hasn't left the country since she entered and was married. Remember to do this she would have had to enter the US without intent to marry but married while here and did not leave. She will have to convince USCIS of this to be approved.

alright to make things really complicated: she did go to canada again to visit her family after they got married. Does that make the whole thing worse? What does that change?

This may be a problem. Again, your friends need to do research on their own and if they can't understand things, they can get the help of an attorney. It sounds like they're just very laid-back about this whole thing...and they don't seem to care or want to find out what they need to do. This is the wrong approach and it may cause more problems in the future. How could they think that just by marrying the wife will get a green-card? Is there a country where its that easy to gain residency....without filling out any paperwork?

Please counsel your friends to get on VJ directly to become more informed, and they should at this point seek the assistance of a qualified lawyer. I don't know, but it could cause problems that she has left the country and returned since marrying? They may very well have to apply for a spousal visa (IR/CR1 or K3) and she may have to return there to inverview. I think leavin g the country negates the option of filing for Adjustment of Status while in the US.

-P


funny-dog-pictures-wtf.jpg

Share this post


Link to post
Share on other sites

It is surprising that they didn't do anything about this before -- how are they filing taxes? Does she have a tax id? How about working? No SS#. No greencard. Nothing.

And is she still filing taxes in Canada?


Sent I-130 to VT 25-Oct-2007

I-130 Moved to California 6-August-2008

My petition has been in 3 states (1, twice) in 9 months!

Rec'd by CSC 8/9, touched 8/11, 8/12, 8/15, 8/20, 8/25

Approved Tuesday, 25-August-2008

10 months since we mailed the petition

Rec'd NVC 9/3, Invoice Generated 9/10, DS-3032 emailed 9/11.

Rec'd AOS invoice 9/15, paid online 9/15, Accepted as Paid 9/18, mailed I-864EZ 9/19

IV Invoiced 9/18, paid online 9/19, Accepted as paid 9/22

DS-230 sent 10/2

Case complete @NVC 10/8 - 11 months, 1 week and 6 days

Interview in Montreal December 18, 2008 - scheduled 1 year, 1 week and 3 days after the start of our journey. Takes place 1 year, 1 month, 3 weeks and 2 days after the start...

[X] Passed [ ] Failed Interview

Thursday, April 2, 2009 Activated Visa - 1 year, 5 months, 1 week and 1 day

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...