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drea&jaylen

need help badly all confused now

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Filed: AOS (pnd) Country: Germany
Timeline

hi all together im new here but i really need some help. My husband and me got married last year when i was here on a visa wavior now we put in the i-130 and it got approved i remember that somewhere it said that i cannot leave the country anymore because i was here on a visa waivor now it got approved and they have send my papers to the national visa center and i got a letter saying that i need to pay 70 $ to process the aos but i also got a letter to my old adress in germany is that normal eventho they know im still ova here??? can somebody help me?see my husband is in the army and currently deployed i have to do everything myself plus i just had a son. Does that change anything?

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Filed: Citizen (apr) Country: Colombia
Timeline
hi all together im new here but i really need some help. My husband and me got married last year when i was here on a visa wavior now we put in the i-130 and it got approved i remember that somewhere it said that i cannot leave the country anymore because i was here on a visa waivor now it got approved and they have send my papers to the national visa center and i got a letter saying that i need to pay 70 $ to process the aos but i also got a letter to my old adress in germany is that normal eventho they know im still ova here??? can somebody help me?see my husband is in the army and currently deployed i have to do everything myself plus i just had a son. Does that change anything?

Not sure if I really understand your problem, but we all had similar problems in the immigration process. With the I-130/I485 application and all the other supporting forms, with the NOA, wife could stay here legally, but could not travel nor work. We had several periods like this through the entire process that ended with USC. Also problems keeping her foreign passport renewed while she had a green card, and problems explaining to the DMV what a one year extension is.

The problem with the NOA with the I-130/I-485 is it takes a very long time to get that conditional green card you need to either work or travel, you are in the twilight zone during this stage. USCIS tried to correct this for travel with the http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD I-131 form and the I-765 employment authorization form http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD.

The I-765 had the additional advantage of getting a probationary social security number that we needed at the time so my wife could get a drivers' license, but not even sure how that works today, most want to see a green card first. At a pricetag of an extra $650.00 we paid for and applied for these forms with our I-130/I-485 application, but still had to wait over four months before we received them.

With the I-130/I-485 application, plus all the supporting supporting forms, all the required evidence they wanted and with the help of a very professional immigration attorney, it was still a long wait to get that green card with a major disappointment that it was only conditional. But at least with the I-131/I-765, we had some freedom.

That 21 months went quick with the conditional, then it was the same thing all over again, waiting desperately for the ten year card, as a lawful permanent resident, you cannot get a US passport, have to have a foreign passport, and her country did not want to renew it because she was here, not in her former country, a bribe took care of that. Crime yes, but what is one going to do, she does have a family. Then after her USC was a wait from the Department of State, another slower than hell agency to get her US passport, again in the twilight zone. But then after five years of this #######, it's finally all over.

Just our experience.

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hi all together im new here but i really need some help. My husband and me got married last year when i was here on a visa wavior now we put in the i-130 and it got approved i remember that somewhere it said that i cannot leave the country anymore because i was here on a visa waivor now it got approved and they have send my papers to the national visa center and i got a letter saying that i need to pay 70 $ to process the aos but i also got a letter to my old adress in germany is that normal eventho they know im still ova here??? can somebody help me?see my husband is in the army and currently deployed i have to do everything myself plus i just had a son. Does that change anything?

So you only filed I-130 and not AOS? Contact your legal aid office at the military unit, they should be able to help. Also the family readiness group should be helping you out. You may also want the contact USCIS line for military personnel and their family members - just make sure to identify yourself as a spouse of a deployed military member - here is the number: 1-877-247-4645


ROC 2009
Naturalization 2010

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Filed: AOS (apr) Country: Philippines
Timeline
hi all together im new here but i really need some help. My husband and me got married last year when i was here on a visa wavior now we put in the i-130 and it got approved i remember that somewhere it said that i cannot leave the country anymore because i was here on a visa waivor now it got approved and they have send my papers to the national visa center and i got a letter saying that i need to pay 70 $ to process the aos but i also got a letter to my old adress in germany is that normal eventho they know im still ova here??? can somebody help me?see my husband is in the army and currently deployed i have to do everything myself plus i just had a son. Does that change anything?

The problem you have is the I-130 alone is nothing more than a petition for an immediate relative to determine eligibility for them to apply for a visa in there home country. Your situation is a bit different because you are inside the USA... With only the I-130 filed, they are assuming you need a visa and that is why the I-130 is at the National Visa Center (NVC). The letter you received is then beginning of the visa process. However, you DO NOT need a visa, but need to register as a permanent resident. This is accomplished by you filing an I-485.

Having a child does not change your situation. The child is already a USC (by birth) so there is nothing to do for him/her. You need to get your status corrected.

Find the Form I-485, print it off, read the instruction and gather the required evidence and fill it out... Your USC husband will need to prepare an I-864 asn you will need to find locally a Civil Surgeon to get a medical examination. If I remember correctly. their is also a form (cannot recall the form number) that you can submit to NVC to get your I-130 from NVC over to the USCIS to put together with your I-485 when you get it sent in.


YMMV

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Filed: Other Timeline

You need to go to Amerika-Forum.de and post this in German. Generally I don't think much of those guys (Oberschullehrermentalitaet), but in this particular case I actually suggest it as cases similar to yours come up frequently there.

Generally, change of status with Visa Waiver only (instead of a B1) is a big no no. You would have to PROVE to USCIS that you married totally surprisingly, did not enter the country with the intent to marry. People who are in this situation usually still have their appartment and job waiting for them in Germany. Do you?

Filing for AOS alone, in your situation, is not easy. I strongly suggest the help of an immigration attorney. Yes, it will cost you $1K, but it's worth it considering that they could easily send you back home and wait there for 6 months until you can enter the country legally (entering the US with a visa waiver with the intent to marry is illegal).

Since you have a newborn and your husband is deployed, that's not something I would want to risk.

I hope this didn't come over as heartless; it's certainly not meant as such.

Best of luck to you.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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