I-130 Approved

[aussiewench 9]

I concur with other posts to seek the advice of a competent immigration lawyer and for your husband not to leave the US until this is done and you are advised on the route to take. The I-130 should of been submitted in conjunction with the I-485 to adjust status. What you have done is submit a petition to a service center, which when approved will go through the NVC process in order for your husband to apply for a CR-1 immigrant visa at the consulate post in the UK. You didnt need the visa as he was already in the US. PLEASE get legal advice.

Wishing you all the best.

[meauxna 15]

We sent in the I-130 and the G-325A. He didn't come over with the intention of marrying me-- it just kind of happened. The original plan was for him to come for Christmas and then stay with his dad in Ohio until his return flight which was in January. We filed the I-130 package before his VWP expired, and received the NOA1 the day after his waiver expired.

Does this count as overstaying? We read somewhere that as long as there was paperwork pending, it wasn't considered an overstay, and that overstays were typically forgiven in the case of marriage anyway. If it does count as an overstay, what will that mean for us?

What *was* your intention when filing the I-130?

"we read somewhere" is not what I'd call detailed research. You need a legal intervention. Sorry to be blunt.

As to the overstay and what to do about it? Your husband should not leave the US under any circumstances (unless he's going for good) until you two have a firm understanding of what you're doing and what your particulars are. You'll get that from a lawyer.

I know that it wasn't detailed research-- we posted here on VJ and spoke to relatives who have had similar situations, and what we filed was what was suggested to us. We were just told that his visa was going to be sent to the consulate in England, and they would have to stamp his passport there-- which would indicate that we have to go there anyway.

If you reviewed your own initial posts here at VJ, several people explained where you should look and what the difference between a visa and an adjustment of status are.

http://www.visajourney.com/forums/index.ph...ic=4021&hl=

The last post spells out clearly what his status would be by only filing the I-130. I see that finances were/are your main concern; had you filed properly or followed up on the suggestions (hint: go back and re-read the links offered to you then) he could have applied for a work permit and would be working by now.

Don't call uscis or visit them; the people you get to talk to will give you confusing and often incorrect info. You won't know until it's too late that the info is wrong (like the answer you got yesterday).

See about borrowing the money for your applications, or pick up another PT job.

Get your yellow pages out and look for immigrant's assistance groups like Catholic Charities that offer low or no cost assistance since all the lawyer talk probably put you in a panic. You must come up with the I-485 money and get this rolling---time will not improve the situation. : (

[lostunderwaves 0]

We sent in the I-130 and the G-325A. He didn't come over with the intention of marrying me-- it just kind of happened. The original plan was for him to come for Christmas and then stay with his dad in Ohio until his return flight which was in January. We filed the I-130 package before his VWP expired, and received the NOA1 the day after his waiver expired.

Does this count as overstaying? We read somewhere that as long as there was paperwork pending, it wasn't considered an overstay, and that overstays were typically forgiven in the case of marriage anyway. If it does count as an overstay, what will that mean for us?

What *was* your intention when filing the I-130?

"we read somewhere" is not what I'd call detailed research. You need a legal intervention. Sorry to be blunt.

As to the overstay and what to do about it? Your husband should not leave the US under any circumstances (unless he's going for good) until you two have a firm understanding of what you're doing and what your particulars are. You'll get that from a lawyer.

I know that it wasn't detailed research-- we posted here on VJ and spoke to relatives who have had similar situations, and what we filed was what was suggested to us. We were just told that his visa was going to be sent to the consulate in England, and they would have to stamp his passport there-- which would indicate that we have to go there anyway.

If you reviewed your own initial posts here at VJ, several people explained where you should look and what the difference between a visa and an adjustment of status are.

http://www.visajourney.com/forums/index.ph...ic=4021&hl=

The last post spells out clearly what his status would be by only filing the I-130. I see that finances were/are your main concern; had you filed properly or followed up on the suggestions (hint: go back and re-read the links offered to you then) he could have applied for a work permit and would be working by now.

Don't call uscis or visit them; the people you get to talk to will give you confusing and often incorrect info. You won't know until it's too late that the info is wrong (like the answer you got yesterday).

See about borrowing the money for your applications, or pick up another PT job.

Get your yellow pages out and look for immigrant's assistance groups like Catholic Charities that offer low or no cost assistance since all the lawyer talk probably put you in a panic. You must come up with the I-485 money and get this rolling---time will not improve the situation. : (

After much digging (and reviewing my earlier posts both on this site and immigrate2us.net) I found this: http://www.uscis.gov/graphics/howdoi/LPReligibility.htm#j which indicates that we should stay here to file. I also spoke with a lawyer I found and he agreed that this is what we should do.

[aussiewench 9]

We sent in the I-130 and the G-325A. He didn't come over with the intention of marrying me-- it just kind of happened. The original plan was for him to come for Christmas and then stay with his dad in Ohio until his return flight which was in January. We filed the I-130 package before his VWP expired, and received the NOA1 the day after his waiver expired.

Does this count as overstaying? We read somewhere that as long as there was paperwork pending, it wasn't considered an overstay, and that overstays were typically forgiven in the case of marriage anyway. If it does count as an overstay, what will that mean for us?

What *was* your intention when filing the I-130?

"we read somewhere" is not what I'd call detailed research. You need a legal intervention. Sorry to be blunt.

As to the overstay and what to do about it? Your husband should not leave the US under any circumstances (unless he's going for good) until you two have a firm understanding of what you're doing and what your particulars are. You'll get that from a lawyer.

I know that it wasn't detailed research-- we posted here on VJ and spoke to relatives who have had similar situations, and what we filed was what was suggested to us. We were just told that his visa was going to be sent to the consulate in England, and they would have to stamp his passport there-- which would indicate that we have to go there anyway.

If you reviewed your own initial posts here at VJ, several people explained where you should look and what the difference between a visa and an adjustment of status are.

http://www.visajourney.com/forums/index.ph...ic=4021&hl=

The last post spells out clearly what his status would be by only filing the I-130. I see that finances were/are your main concern; had you filed properly or followed up on the suggestions (hint: go back and re-read the links offered to you then) he could have applied for a work permit and would be working by now.

Don't call uscis or visit them; the people you get to talk to will give you confusing and often incorrect info. You won't know until it's too late that the info is wrong (like the answer you got yesterday).

See about borrowing the money for your applications, or pick up another PT job.

Get your yellow pages out and look for immigrant's assistance groups like Catholic Charities that offer low or no cost assistance since all the lawyer talk probably put you in a panic. You must come up with the I-485 money and get this rolling---time will not improve the situation. : (

After much digging (and reviewing my earlier posts both on this site and immigrate2us.net) I found this: http://www.uscis.gov/graphics/howdoi/LPReligibility.htm#j which indicates that we should stay here to file. I also spoke with a lawyer I found and he agreed that this is what we should do.

But has the lawyer also given you advice on what you must do now that you have filed the I-130 incorrectly.

Edited June 24, 2006 by aussiewench

[Euro 3]

After much digging (and reviewing my earlier posts both on this site and immigrate2us.net) I found this: http://www.uscis.gov/graphics/howdoi/LPReligibility.htm#j which indicates that we should stay here to file. I also spoke with a lawyer I found and he agreed that this is what we should do.

Hey i'm glad to see your getting this sorted out, I hope everything works out for you, i bet it does, Good Luck

Edited June 24, 2006 by euro

[maria_b84 0]

Congratulations!!!!

Maria

[meauxna 15]

If I were in your shoes, I would also stay here to file.

I'm not sure you are clear on how to do that, which is why I'd still say you should find some help.

Good luck.

[lostunderwaves 0]

We were told to file all of these things (two of which are optional) as soon as we got the actual approval letter in the mail:

I-485

G-325A just for husband

I-864

I-693

I-765

I-131

Copy of I-130 approval

[camaleon 0]

I think u have the right information, he already has a visa number now he just need adjust his status!!!

BTW: Don't even think about to come back to UK to get your visa remember u already overstay........

c u later...