Help understanding things

[RosieNTray 0]

Hello all,

I'm new to the forums. I have quit a few questions. I've been reading the forums for awhile and yet things are still kind of unclear to me. Sorry in advance. I'll let you guys know my situation first so you can have a better understanding of whats going on in my life. By the way, this forum is great, I've learned a lot more then I could ever imagine, I guess I'm just nervous about this whole thing and want things to be absolutely perfect before I attempt this process because I see that its extremely tedious.

Well first of all my Newly wedded wife and I met 2 years ago we've been carrying on an extremely long distance relationship. She's from Taipei Taiwan and I'm from USA. Right now she's in the states on a J-1 work and travel visa, Her visa started June 13th of this year and ends on November 13th of this year. Well she came out to visit me last week for a week and before she left we decided to get married.

Now I went down to the immagration office on the 6th and they told me that we should try and file a I-130 and I-485 to petition for her residency and AOS. but now that I've been reading more and more, I found out about this CR1 visa. I'm wondering which would be a better route for us to take. I'm just a little confused now.

Another thing that I'm wondering about is, she's not living in the same state as me, she is currently on an internship in NH and I live in Las Vegas, NV. Could this oppose a problem? I was reading that some of the things that we need are legal documents stating joint accounts/residency and such, but because we have always had a long distance relationship and never planned on getting married like this we have none of this. I mean she lived with me for a week... and when her internship is up she will be living with me for a months worth of time. Once we start the process which ever one we decide will she have to leave the states? Do you know if she can continue her schooling here? Do you know if she'll be able to get financial aid or grants? Sorry to bombard you with questions. This whole thing is kind of overwhelming at the minute, I've taken in so much information these last few days very sorry guys. It just seems like my situation is different from all the others. Everyone seems like they're waiting for their wife/husband to come into the states but mine is already here, working but has to leave in a short period of time.

Another thing she will be applying for her SSN# next week and will have one a few weeks after that. Should we wait to file until she gets her SSN# or would that not matter at the time of filing? I'm just a little unsure about what route I should take because shes currently in the states but we are married. We have never lived together but have known each other for a little over 2 years now. Any help would be much appreciated. I'm just really unsure of what road I should take. Thank you very much you guys.

[marriedtomrg 141]

Hi RosieNTray.

You may want to consult the VJ Guides found on the VJ site. Here is the link below, it is specific information about filing an I-130 petition and adjustment of status for a spouse of a US citizen who is already in the US on a different visa.

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

Hope it's helpful.

Hello all,

I'm new to the forums. I have quit a few questions. I've been reading the forums for awhile and yet things are still kind of unclear to me. Sorry in advance. I'll let you guys know my situation first so you can have a better understanding of whats going on in my life. By the way, this forum is great, I've learned a lot more then I could ever imagine, I guess I'm just nervous about this whole thing and want things to be absolutely perfect before I attempt this process because I see that its extremely tedious.

Well first of all my Newly wedded wife and I met 2 years ago we've been carrying on an extremely long distance relationship. She's from Taipei Taiwan and I'm from USA. Right now she's in the states on a J-1 work and travel visa, Her visa started June 13th of this year and ends on November 13th of this year. Well she came out to visit me last week for a week and before she left we decided to get married.

Now I went down to the immagration office on the 6th and they told me that we should try and file a I-130 and I-485 to petition for her residency and AOS. but now that I've been reading more and more, I found out about this CR1 visa. I'm wondering which would be a better route for us to take. I'm just a little confused now.

Another thing that I'm wondering about is, she's not living in the same state as me, she is currently on an internship in NH and I live in Las Vegas, NV. Could this oppose a problem? I was reading that some of the things that we need are legal documents stating joint accounts/residency and such, but because we have always had a long distance relationship and never planned on getting married like this we have none of this. I mean she lived with me for a week... and when her internship is up she will be living with me for a months worth of time. Once we start the process which ever one we decide will she have to leave the states? Do you know if she can continue her schooling here? Do you know if she'll be able to get financial aid or grants? Sorry to bombard you with questions. This whole thing is kind of overwhelming at the minute, I've taken in so much information these last few days very sorry guys. It just seems like my situation is different from all the others. Everyone seems like they're waiting for their wife/husband to come into the states but mine is already here, working but has to leave in a short period of time.

Another thing she will be applying for her SSN# next week and will have one a few weeks after that. Should we wait to file until she gets her SSN# or would that not matter at the time of filing? I'm just a little unsure about what route I should take because shes currently in the states but we are married. We have never lived together but have known each other for a little over 2 years now. Any help would be much appreciated. I'm just really unsure of what road I should take. Thank you very much you guys.

[RosieNTray 0]

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.

Ok that sounds really scary. I we screw things up by getting married? I can feel my stomach in my throat right now. How do you know if you qualify? So Going the CR1 route is just out of the question for us? I don't want to lose my baby, I just want to be with her.

[RosieNTray 0]

Do you really think we will need to see a lawyer about this? I really hope we didn't screw anything up. This just sounds really nerve wrecking. I've already started on most of those forms. I've been doing a lot of reading about his but what you just posted me has to be the most frightening thing I have read so far. Am I making it out worse than what it actually is? Can someone please help me with this. Oh god, the webs I weave...

[RosieNTray 0]

Can anyone answer my questions? I'm really hurting, we didn't get married with bad intention, we're just two young people in love and decided to get married. She still has another 1.5 years left in school a return ticket back to taipei that was book almost a year ago. I have logs of her mother and I talking about her changing her ticket date to an earlier date because she's scheduled to come back earlier then they thought. I'm just really scared now because we did this out of love and I don't want us to be look at as if this is fake or fruad.

Edited July 10, 2009 by RosieNTray

[RosieNTray 0]

So i've been doing some more research on my situation and came across a number to some people that are a non-profit organization that will help you with all your paper work and question. I'm wondering has anyone out there used them before and how accurate are they with their help? The number is 877-880-4265. Basically what they do is overnight you the correct forms that you need and help you out in filling them out. You pay for them when you receive them and they give you a waiver to send in to the USCIS so you dont have to pay the filing fee again.

Now this is the confusing part. They are telling me that alls I have to do is filing for an AOS for my wife and the price total will be 340 dollars, but the guide here is saying that I will need to file a I-130 form along with a I-485 and the cost will be much much more. So I'm still left a little uncertain about things. I really don't have the money for a lawyer to sting me a long on their hook while I dangle there helpless. I am truly doing tons and tons of research so please don't think I'm just coming here looking for a free hand. I'm just hoping for some clarification from people that are knowledgeable with this. Thank you in advance.

[Y's_habibitk 2]

So i've been doing some more research on my situation and came across a number to some people that are a non-profit organization that will help you with all your paper work and question. I'm wondering has anyone out there used them before and how accurate are they with their help? The number is 877-880-4265. Basically what they do is overnight you the correct forms that you need and help you out in filling them out. You pay for them when you receive them and they give you a waiver to send in to the USCIS so you dont have to pay the filing fee again.

Now this is the confusing part. They are telling me that alls I have to do is filing for an AOS for my wife and the price total will be 340 dollars, but the guide here is saying that I will need to file a I-130 form along with a I-485 and the cost will be much much more. So I'm still left a little uncertain about things. I really don't have the money for a lawyer to sting me a long on their hook while I dangle there helpless. I am truly doing tons and tons of research so please don't think I'm just coming here looking for a free hand. I'm just hoping for some clarification from people that are knowledgeable with this. Thank you in advance.

From everything that I have understood in your postings is that first of all....she did not come here with an intent to marry you and stay and adjust status, so you guys did not commit any fraud or do anything wrong. take a deep breath

As far as adjusting status, I dont know about it from her current visa, but I would imagine that you would have a bigger burden of proof to show that she did NOT intend to come ,marry and adjust before she left.

The other issue is not living together... .yes, part of the proof in your AOS package is showing that you are a bonofided couple that shares assests,residence ect.

I dont think you necessarily "made a big mistake" in getting married here. But DO consult a lawyer or the non profit agency that you found to find out what obsticles you guys may face and if its indeed better to go ahead and file the 130.

Good Luck