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nychelp

Am I in the right place??? Green Card question...

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Filed: Timeline

Hi,

I am an American citizen with a korean girlfriend. She is living here in the US, but has long overstayed her original tourist visa. We are planning to marry and to apply for a green card for her; could someone tell me where I can find more information on this and also if I am posting in the right forum here. If it matters, she has a daughter who is a full American Citizen.

Thank you!

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Filed: AOS (apr) Country: Philippines
Timeline

close to the right forum...

You do NOT need to post it again... I will move your topic to the right forum for you


YMMV

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Filed: Citizen (pnd) Country: Indonesia
Timeline

Hi,

I am an American citizen with a korean girlfriend. She is living here in the US, but has long overstayed her original tourist visa. We are planning to marry and to apply for a green card for her; could someone tell me where I can find more information on this and also if I am posting in the right forum here. If it matters, she has a daughter who is a full American Citizen.

Thank you!

The first thing you need to do is get married :)

And make sure she does not leave the US as she will incur a ban (3 or 10 years depending on length of overstay)!

Then file forms i-130 and i-485 together.

You will fill out and sign the 130

She will fill out and sign the 485

Will also need to have:

medical exam done (form i-693)

affidavit of support (i-864) showing you (or someone else as co-sponsor) can support her 125% over the poverty line

work authorization if she wants to work while application is pending (i-765)

Start working on proof of bonafide marriage such as same domicile, joint bank account, ect

See guide: AOS guide

Edited by engineer21

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath

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Filed: Timeline

The first thing you need to do is get married :)

And make sure she does not leave the US as she will incur a ban (3 or 10 years depending on length of overstay)!

Then file forms i-130 and i-485 together.

You will fill out and sign the 130

She will fill out and sign the 485

Will also need to have:

medical exam done (form i-693)

affidavit of support (i-864) showing you (or someone else as co-sponsor) can support her 125% over the poverty line

work authorization if she wants to work while application is pending (i-765)

Start working on proof of bonafide marriage such as same domicile, joint bank account, ect

See guide: AOS guide

Thank you!

A few additional questions:

1) Approximately how long after this process begins would she be able to travel out of the country? She would like to visit her ailing mother back in Korea ASAP.

2) Would adopting her daughter as a stepfather change the process in any way?

2) She has a criminal record in this country: misdemeanors and possibly one felony. Would this impede the process in any way?

Thanks again for your advice!!!

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Filed: AOS (pnd) Country: Zimbabwe
Timeline

A few additional questions:

1) Approximately how long after this process begins would she be able to travel out of the country? She would like to visit her ailing mother back in Korea ASAP.

She'll have to wait for the green card. People can usually apply for advanced parole but because she's overstayed her visa, as soon as she leaves the country without a visa, she'll incur a ban, either 3 or 10 years.

2) She has a criminal record in this country: misdemeanors and possibly one felony. Would this impede the process in any way?

Yes, you need a good immigration lawyer. Now. She'll face serious issues getting a green card.


Married - 3/12/10

AOS Filed - 5/13/10

Biometrics received - 6/5/10

Biometrics done - 6/9/10

RFE Received 6/10/10

Touched - 6/7/10, 6/16/10, 6/17,10 (all)

RFE delivered - 6/29/10

Resumed processing - 6/30/10

EAD Production Ordered - 7/2/10, 7/8/10, mailed 7/15/10

Touched - 7/6/10, 7/8/10 (485, 765)

Touched EAD - 7/16/10

EAD Received!! - 7/17/10

Interview - August 30, 8:45- Approved!

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Filed: AOS (apr) Country: Philippines
Timeline

2) Would adopting her daughter as a stepfather change the process in any way?

You say her daughter is already a USC therefore she has no immigration issues... you adopting her will have no affect on her mom's immigration issues....


YMMV

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Filed: AOS (pnd) Country: Benin
Timeline

You say her daughter is already a USC therefore she has no immigration issues... you adopting her will have no affect on her mom's immigration issues....

Accept that it would be pretty good proof of bona fides.

HOWEVER, PLEASE only adopt because it's what you really, really want to do.


AOS Timeline

4/14/10 - Packet received at Chicago Lockbox at 9:22 AM (Day 1)

4/24/10 - Received hardcopy NOAs (Day 10)

5/14/10 - Biometrics taken. (Day 31)

5/29/10 - Interview letter received 6/30 at 10:30 (Day 46)

6/30/10 - Interview: 10:30 (Day 77) APPROVED!!!

6/30/10 - EAD received in the mail

7/19/10 - GC in hand! (Day 96) .

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Filed: Timeline

A few additional questions:

1) Approximately how long after this process begins would she be able to travel out of the country? She would like to visit her ailing mother back in Korea ASAP.

She'll have to wait for the green card. People can usually apply for advanced parole but because she's overstayed her visa, as soon as she leaves the country without a visa, she'll incur a ban, either 3 or 10 years.

2) She has a criminal record in this country: misdemeanors and possibly one felony. Would this impede the process in any way?

Yes, you need a good immigration lawyer. Now. She'll face serious issues getting a green card.

Thanks for your reply!

How certain are you about your answers? Can anyone else on here either confirm, deny or add any additional information? These are two really crucial questions and I want to make sure that I have the right information.

Thanks again!!!

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Filed: Timeline

Accept that it would be pretty good proof of bona fides.

HOWEVER, PLEASE only adopt because it's what you really, really want to do.

The adoption is more important to me than the marriage, actually. I've raised this child as my own but her mom has thus far turned down the idea of adoption. I'm hoping that if there is some significant benefit to her of adoption regarding her green card process that she will be more willing to agree to the adoption...long story...

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Filed: AOS (pnd) Country: Zimbabwe
Timeline

Thanks for your reply!

How certain are you about your answers? Can anyone else on here either confirm, deny or add any additional information? These are two really crucial questions and I want to make sure that I have the right information.

Thanks again!!!

Pretty certain. If you want confirmation, search for posts related to "advance parole" and "overstay" (together). They'll confirm that she can't leave.

Also, google "green card criminal history" and see what you find....


Married - 3/12/10

AOS Filed - 5/13/10

Biometrics received - 6/5/10

Biometrics done - 6/9/10

RFE Received 6/10/10

Touched - 6/7/10, 6/16/10, 6/17,10 (all)

RFE delivered - 6/29/10

Resumed processing - 6/30/10

EAD Production Ordered - 7/2/10, 7/8/10, mailed 7/15/10

Touched - 7/6/10, 7/8/10 (485, 765)

Touched EAD - 7/16/10

EAD Received!! - 7/17/10

Interview - August 30, 8:45- Approved!

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Filed: Timeline

Pretty certain. If you want confirmation, search for posts related to "advance parole" and "overstay" (together). They'll confirm that she can't leave.

Also, google "green card criminal history" and see what you find....

How do I find a good immigration attorney in NYC that could help with this??? Should I expect that the information that different attorneys give me will be the same or might different attorneys give different information about the process?? thanks!!

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Thanks for your reply!

How certain are you about your answers? Can anyone else on here either confirm, deny or add any additional information? These are two really crucial questions and I want to make sure that I have the right information.

Thanks again!!!

I will confirm the AP issue - if she leaves, even with an approved AP (advanced parole), she will get a ban coming back the US.

She will not be able to leave the US till she has the greencard in hand. (you can read the instructions for the advanced parole to verify the above).

On the issue with criminal record - I would also suggest a lawyer - it could be enough of an adverse issue to deny the greencard, so you would want to proceed carefully. *this may shed a little light on your plight*


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: AOS (apr) Country: Philippines
Timeline

I will confirm the AP issue - if she leaves, even with an approved AP (advanced parole), she will get a ban coming back the US.

You don't need to just take Bobby's confirmation on this... please read the I-131 instructions... it is documented there as well


YMMV

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Filed: Timeline

You don't need to just take Bobby's confirmation on this... please read the I-131 instructions... it is documented there as well

No further confirmation needed (thanks for the great info!).

So, she would need full green card before she can travel then? approx how long should we expect that whole process to take?

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Filed: AOS (pnd) Country: Zimbabwe
Timeline

How do I find a good immigration attorney in NYC that could help with this??? Should I expect that the information that different attorneys give me will be the same or might different attorneys give different information about the process?? thanks!!

Theoretically, it should be the same. But as people here will attest, it's pretty clear that immigration attorneys differ dramatically in their quality and efficiency. You need to do research about attorneys and see which ones have experience with your particular set of issues - overstay + criminal convictions in the AOS process.


Married - 3/12/10

AOS Filed - 5/13/10

Biometrics received - 6/5/10

Biometrics done - 6/9/10

RFE Received 6/10/10

Touched - 6/7/10, 6/16/10, 6/17,10 (all)

RFE delivered - 6/29/10

Resumed processing - 6/30/10

EAD Production Ordered - 7/2/10, 7/8/10, mailed 7/15/10

Touched - 7/6/10, 7/8/10 (485, 765)

Touched EAD - 7/16/10

EAD Received!! - 7/17/10

Interview - August 30, 8:45- Approved!

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