QUESTION REGARDING IMMIGRATION PROCESS

[Trey Crittenden 0]

My question is.. My wife come to the US from Mexico when she was only 3 years old. Legally of course. But she has overstayed her welcome. We've been married 2 years in June and have just started our process to make her a resident/citizen. We hired a place in Canton, MS called Catholic Charities Immigration Clinic. They have done all the paperwork and got a lot of information from the both of us (Pictures, joint ownership documents, DRs Physical report[required by USCIS], pictures, proof that we live together like letters with both our names on it, a co-sponsor because i didn't make enough last year to sponsor her myself, tax returns, letter of employment, last 3 month check stubs from myself and my sponsor, etc.) and we are about to send everything to the USCIS. We had to pay 1010.00 for the I-485 and 355.00 for another form (i think the I-130) and we also had to pay 320.00 for the I-102 form which is just a request for her I-94 she didn't receive when she come to the US when she was 3. I was wondering if anyone knew of any problems we may face considering the information and money we have spent on this. The fee for the lady (I think she's some kind of attorney because she does this for a living.. Filling out paperwork for people and so on.) to fill all this out for us was 550.00 for the I-485 and I-130 and it was 75.00 for the filling of the I-102. Like i said she does this for a living and she just accomplished my wife's mothers residency status. She filled out all the paperwork for her and sent it in including the money and she got a response from USCIS within a few weeks for the meeting with them in Memphis TN. Is there anything anyone could suggest or let me know about that i may not know. PLEASE HELP ME. Thanks

[sunny808 1]

My question is.. My wife come to the US from Mexico when she was only 3 years old. Legally of course. But she has overstayed her welcome. We've been married 2 years in June and have just started our process to make her a resident/citizen. We hired a place in Canton, MS called Catholic Charities Immigration Clinic. They have done all the paperwork and got a lot of information from the both of us (Pictures, joint ownership documents, DRs Physical report[required by USCIS], pictures, proof that we live together like letters with both our names on it, a co-sponsor because i didn't make enough last year to sponsor her myself, tax returns, letter of employment, last 3 month check stubs from myself and my sponsor, etc.) and we are about to send everything to the USCIS. We had to pay 1010.00 for the I-485 and 355.00 for another form (i think the I-130) and we also had to pay 320.00 for the I-102 form which is just a request for her I-94 she didn't receive when she come to the US when she was 3. I was wondering if anyone knew of any problems we may face considering the information and money we have spent on this. The fee for the lady (I think she's some kind of attorney because she does this for a living.. Filling out paperwork for people and so on.) to fill all this out for us was 550.00 for the I-485 and I-130 and it was 75.00 for the filling of the I-102. Like i said she does this for a living and she just accomplished my wife's mothers residency status. She filled out all the paperwork for her and sent it in including the money and she got a response from USCIS within a few weeks for the meeting with them in Memphis TN. Is there anything anyone could suggest or let me know about that i may not know. PLEASE HELP ME. Thanks

First of all, congratulations in taking steps to legalize your wife's status. It looks like you have a fairly straightforward case and your wife, barring any circumstance that would allow her to adjust her status, should be able to get herself legalized.

I'm just a bit concerned about this "lady" you speak of especially since you are not sure about whether she is a licensed attorney or not- you must verify if in fact she is one. Fraud from so-called immigration consultants, specialists, or 'notarios' are quite common so make extra sure you are dealing with someone you can trust- or go after if they mess up. Make sure you have all the copies of what is sent to USCIS on your behalf as well as all copies of USCIS correspondence to you including receipts.

Here is a link for you to read --> www.pimpros.com/notarios.pdf. I hope my concern does not apply to you and that everything turns out without a hitch. Good luck!

Edited March 30, 2010 by sunny808

[NickD 202]

This is way too complicated for me, typically in situations like this with an overstay, USCIS wants that person to return to their home country and start all over again. As a three year old, your wife didn't have much say in her overstay, guess all you can do is to see what happens.

With immigration attorneys, not stuck with typical attorneys that can only practice in your state, the USA is open to you. When I started all this, found one of the largest firms in the USA and really checked out my attorney. Accustomed to stuff like this in the corporate world. Yeah, all those new forms were too much for me at the time. Seems simple now, but highly complex back then.

[Texas Resident 0]

This is way too complicated for me, typically in situations like this with an overstay, USCIS wants that person to return to their home country and start all over again. As a three year old, your wife didn't have much say in her overstay, guess all you can do is to see what happens.

With immigration attorneys, not stuck with typical attorneys that can only practice in your state, the USA is open to you. When I started all this, found one of the largest firms in the USA and really checked out my attorney. Accustomed to stuff like this in the corporate world. Yeah, all those new forms were too much for me at the time. Seems simple now, but highly complex back then.

You are wrong. As long as your initial entrance was legal, you may adjust your status based on marriage without returning to your country.

[milimelo 4,197]

Moving topic to AOS from tourist visa.

[Minya's wife 24]

You are wrong. As long as your initial entrance was legal, you may adjust your status based on marriage without returning to your country.

It is not an absolute given that AOS is approved. As long as the initial entry was not undocumented, adjustment of status based on marriage to a USC may result in forgiveness of the overstay and allow for the immigrant's status to be adjusted, but it is not a given. The only thing that initial legal entry gives you is the possibility to file without returning to your country. If the initial US entry had been without documentation, there would be no possibility to even file. Filing a petition does not automatically mean approval as we all know.

What you've stated so far seems kosher...you paid the necessary filing fees, plus additional fees to the person who completed your forms....this is standard when one chooses to have someone else do their paperwork. The problems you may face is the long time that your now wife spent out of status. If she came as a child on a tourist visa...and she is now an adult, it sounds like her overstay is considerable. This may be something that will come up during the AOS interview...be prepared to answer questions regarding the reason for the overstay and why it has taken so long to file for AOS.

[NickD 202]

You are wrong. As long as your initial entrance was legal, you may adjust your status based on marriage without returning to your country.

Could be dead wrong on this, did say this is way too complicated for me. Had one of the best immigration attorneys in the country, he knew my wife had a tourist visa and could visit me. Warned me severely to watch the expiration date on her I-94, said if it was exceeded, could be in deep trouble with the USCIS. And much to the option of the POE to either give a date based on the returned ticket, or maybe even a couple of extra weeks.

Sounds like this overstay was more than a couple of weeks. Also, you are not dealing with the USCIS, but an individual IO that could be a harda$$, this you don't know.

[Brother Hesekiel 2,235]

You have a straightforward case. If your wife can prove that:

1) she entered the US legally and

2) has not left the US since (as that would have triggered the 3/10-year ban), and

3) that there is no record that she or her parents (on her behalf [i.e., when registering for school]) claimed she is a US citizen,

it will be smooth sailing all the way to the Green Card.

Wish you and your wife the best.

P.S.

(Nick,why are you pulling stunts like that? I know you know better.)

[Bobby+Umit 161]

You have a straightforward case. If your wife can prove that:

1) she entered the US legally and

2) has not left the US since (as that would have triggered the 3/10-year ban), and

3) that there is no record that she or her parents (on her behalf [i.e., when registering for school]) claimed she is a US citizen,

it will be smooth sailing all the way to the Green Card.

Wish you and your wife the best.

P.S.

(Nick,why are you pulling stunts like that? I know you know better.)

That first one will be the only one that would concern me.

She would have to prove that.

[NickD 202]

You have a straightforward case. If your wife can prove that:

1) she entered the US legally and

2) has not left the US since (as that would have triggered the 3/10-year ban), and

3) that there is no record that she or her parents (on her behalf [i.e., when registering for school]) claimed she is a US citizen,

it will be smooth sailing all the way to the Green Card.

Wish you and your wife the best.

P.S.

(Nick,why are you pulling stunts like that? I know you know better.)

Because I had the ####### scared out of me if my wife to be so much as exceeded her I-94 by one second. I really don't understand this phrase about over staying a visa, her visa when we got serious was good for ten years. It's that I-94 that had to be kept current, was warned by our attorney if it looks close, to file for an extension.

I did read on the web that the USCIS does not take overstaying, I assume the I-94 between 180 days to a year, as long as you get hitched and get your applications in during that time period. Without the applications, can get deported, that is playing it close. I don't know what happens if you overstay a year. But do know those questions about overstaying are on the forms, and do no, if you lie about them, reason to get deported. Just like if you say no to not being caught committing a crime, if you are caught later, even with your USC certificate, can be deported.

Yes, you can get paranoid when dealing with the USCIS, for one thing, you are coming forward in an attempt to proceed legally, so they know who you are. But also ironic when you hear anywhere from 8 to 20 million illegals in this country.

Was in our news last year about a couple of kids whose parent brought them here at ages 1 and 3, just about finished with college were facing deportation for overstaying there visa. Lost track of what happened to them, but was all they had to do was to marry a USC to stay?

When we were going through this process, also heard on the news about the USA giving Cubans LPR that were picked up on rafts in the gulf headed to Florida, teased my wife to be about that, could just drop her off on a raft and call the coast guard to ease the process. She didn't like that idea.

[Trey Crittenden 0]

My wife come here legally. On her passport it is stamped in the back when she came here. She came in 91 and left and then came back again in 95. All is stamped in the passport under VISA.. I've never done this before, and never imagined myself doing it. The lady doing all of this for us is a legit person. She has helped my wife's' step dad, mom, and is now helping us. She owns a Catholic Charities and Immigration Services. She helps people with all the paperwork and lets you go over it to check for mistakes she may have made. She does all the paper work, gets all the proof together and mails it to USCIS. We just got the receipt for the Request for the I-94 which the I-102 was filled out for that. The lady told us that USCIS may request the I-94 but she has had cases where people had misplaced them and they were still approved. But we would rather be safe that sorry and we went ahead and filed that as well.. So she wanted us to wait until we got the receipt from that so we could show the USCIS that we are in the process of getting another copy of the I-94. We received it Wednesday, faxed a copy of it to her yesterday, and she's sending the proof of relationship along with the 2 forms I-130 and I-485 which both cost 1,365 on Monday. She give us a copy of everything she is going to send to USCIS. Hopefully we can get all this over with. Me and my wife have been quizzing each other on stuff like favorite food, color, actor, book, etc. just in case. My wife has been a nervous wreck because she always expects the worst. But I'm trying to keep her hopes up. The lady told us to start paying more attention to stuff around the house because USCIS could ask some of the most random things and any wrong answer could deny us and that's what has my wife so nervous. If we get denied here, (Memphis, TN is our closest USCIS), We'll have to go to Juarez, Mexico to the US National Consulate i believe it is to continue everything there and request her residency there. That's what has her scared the most because she has never been anywhere else than here. She doesn't remember ever living in Mexico. Like i said she just always expects the worst. The lady that done all our paper work said we shouldn't have any problems. She said she's had clients with less proof get approved with no problems but she also said USCIS may approve everyone one day and the next just deny everyone. But hopefully there in a good mood when we get our interview. Also if there is any Interview questions that anyone may know that they will ask please help me out ha. We can use all the help we can get and i really appreciate all of the responses i've gotten so far.

On the back of her passport it has this

Consulate of the United States of America

Mexican Border Crossing Identification Card and B-1/B-2 Non-immigrant Visa

Issued on: -2 JUL 1991

To BEARER(S)

Valid Indefinitely for Multiple Applications for admission to the United States as a temporary visitor for business or pleasure

Donald E Wills

Consult Officer 027

THATS WHAT IS STAMPED ON THE BACK OF HER PASSPORT UNDER VISA.

THEN ON THE OPPOSITE SIDE IT SAYS:

U.S. IMMIGRATION

401 BRO 73 (THE LADY DOING OR PAPERWORK SAID THAT MEANT BROWNSVILLE, TX WAS HER POINT OF ENTRY.)

DEC 20 1995

ADMITTED UNTIL _________________ (was left blank?)

THEN AT THE BOTTOM OF THAT IT SAYS.

presente este documento des identificacion para cruch legal cada vez que entre a los estados unidos. para un feriodo mayor de 72 horas o trasladarse mas de 25 millas de la frontera mexicana dere poseer la forma (can't read it but i think its I-855?) o forma I-94 expedida pos un oficial del servicio de immigracion y naturalzacion de los estados unidos

la validez de este documento es indefinida preo. I can't read the rest. Its blurred and runs down to the bottom of her passport.

HER MAIN REASON FOR COMING TO THE US WAS TO HAVE HEART SURGERY BECAUSE SHE HAD A HEART MURMUR AND NEEDED IT FIXED IN ORDER TO LIVE. WASN'T ABLE TO HAVE THE SURGERY IN MEXICO SO COME TO THE US TO HAVE IT DONE. HER SURGERY WAS DONE IN NEW JERSEY AND SHE MOVED FROM THERE TO MISSISSIPPI WHERE WE LIVE NOW. HOPEFULLY ALL OF THIS WILL GET ME A LITTLE MORE INFORMATION FROM EVERYONE WHO KNOWS ALOT MORE ABOUT THIS THAN I MYSELF DO. THANKS SO MUCH FOR EVERYONE'S HELP AND ANSWERS. I WILL LET EVERYONE KNOW OF ANY NEW NEWS..

THANKS AGAIN.

[justashooter 430]

your documentation appears to be adequate. the initial entry was legal, and the last entry was documented.

as has been pointed out, ANY presentment as a citizen prior to you application would have been a lifetime disqualifier. you should attempt to determine how she has been registered for schooling in the past to determine that there has been no claim to citizenship. on a related note, ANY fraudulent presentation of the child under other names or SS# or identification will be a problem. examine her past carefully to determine whether this may be an issue.

[Trey Crittenden 0]

your documentation appears to be adequate. the initial entry was legal, and the last entry was documented.

as has been pointed out, ANY presentment as a citizen prior to you application would have been a lifetime disqualifier. you should attempt to determine how she has been registered for schooling in the past to determine that there has been no claim to citizenship. on a related note, ANY fraudulent presentation of the child under other names or SS# or identification will be a problem. examine her past carefully to determine whether this may be an issue.

I'm not sure exactly how she was registered in school. I do know that her mom told us that she had never said she was a citizen nor has she ever used a fake ss# or anything for her. I don't think the school required it. I believe they just required a birth Certificate which my wife has which is now translated into english because of the process we are going though. On her High school diploma it has her name as written on her Birth Certificate. I do not believe that she was every required to have a SS#. Just a birth certificate and shot records. but she does plan to go back to college after she becomes legal. Any more help from anyone will be greatly appreciated. Thanks for your response.

[Brother Hesekiel 2,235]

1) The "entered legally" issue.

You did not mention on what kind of visa your wife entered in 1991, how long she stayed, and how she entered again in 1995. However, since they accepted your application I assume it is okay.

2) The AOS interview.

You really, really, really, have to forget everything you saw in the movie Green Card and forget to listen to hearsay of weird people.

The interview is very simple. The Immigration Officer ask as few formal questions, how you met, etc., where you got married. Then he/she would like to see some wedding photos. If you have those, he/she will observe you and your wife. He/she'll know if you are a couple that married for love, or two strangers who just made an arrangement.

Nobody expects you to know what soap/hairspray/perfume/underwear you or your wife wears. I have no clue to this very day.I'm not sure about the size of clothing my wife wears, and it took me 3 years to remember her shoe size, simply because she wanted some Uggs for Christmas. At the time of AOS, I didn't know my wife's sisters' names, and she didn't know my brother's name.

You know what you know, but please don't try to turn this into a quiz. It's NOT like who knows the most answers wins. If you don't know something, tell 'em. Don't guess. Be normal. You really don't have to know much about your spouse, other than their birthday, and whether or not they drink coffee or tea.

Edited April 3, 2010 by Just Bob

[Trey Crittenden 0]

1) The "entered legally" issue.

You did not mention on what kind of visa your wife entered in 1991, how long she stayed, and how she entered again in 1995. However, since they accepted your application I assume it is okay.

2) The AOS interview.

You really, really, really, have to forget everything you saw in the movie Green Card and forget to listen to hearsay of weird people.

The interview is very simple. The Immigration Officer ask as few formal questions, how you met, etc., where you got married. Then he/she would like to see some wedding photos. If you have those, he/she will observe you and your wife. He/she'll know if you are a couple that married for love, or two strangers who just made an arrangement.

Nobody expects you to know what soap/hairspray/perfume/underwear you or your wife wears. I have no clue to this very day.I'm not sure about the size of clothing my wife wears, and it took me 3 years to remember her shoe size, simply because she wanted some Uggs for Christmas. At the time of AOS, I didn't know my wife's sisters' names, and she didn't know my brother's name.

You know what you know, but please don't try to turn this into a quiz. It's NOT like who knows the most answers wins. If you don't know something, tell 'em. Don't guess. Be normal. You really don't have to know much about your spouse, other than their birthday, and whether or not they drink coffee or tea.

They have yet to recieve our application. We were waiting on the receipt from the I-102 (form to request copy of the I-94) before we ever sent in the actual application. I don't know what kind of visa she entered on either time she came. I just know that its stamped in the back of her passport when she did come. For what the reasons were beside her having her surgery because of her heart murmur i have no clue.. The lady doing our paperwork told us that everything shows that she come legally and we should have no problem on that note. We will have to go to the Mexican Consulate in New Orleans to have her Passport renewed when we get the receipt back from USCIS on the I-130 and I-485 so that she will have an up to date one. The one she has now just has a picture of her as a 3 year old but like i said the lady doing our paperwork said that it should be fine until they request a new one. We haven't paid the lady her filing fees yet because she told us as soon as she gets accepted then we pay her not until then.

Thanks for your responses. Anymore help will be very appreciated.