Jump to content

30 posts in this topic

Recommended Posts

Hello,

If a person immigrated to the US with an Italian passport ( no visa tourist visa required) and married an American but he was born in Ecuador, which nacionality should he use to apply for his temporary resident card? Does he have to leave the country?


I-130

02-06-06 NOA-1

02-21-06 *touched*

04-27-06 Approved (Wife)

05-02-06 Approved (Stepchild)

04-28-06 *touched*

05-01-06 *touched*

I-129F

02-22-06 NOA-1

03-08-06 *touched*

04-28-06 *touched*

05-04-06 *touched*

05-17-06 APPROVED

05-26-06 Received by NVC

05-30-06 Case # assigned

05-31-06 Sent to Bogota

06-02-06 Received at embassy (signed by Pedro)

06-06-06 Sent packet 3 to Medellin

06-08-06 Received packet 3

06-12-06 Faxed and mailed packet 3 back to US Embassy

06-16-06 Received packet 4 // INTERVIEW DATE JULY 21ST , 2006

07-21-06 Visas APPROVED , coming to America on July 28 , 2006

NVC

05-08-06 received (Stepchild)

05-09-06 received (wife)

05-12-06 case # assigned (Stepchild)

05-19-06 case # assigned (Wife)

AOS

05-02-08 AOS received in Chicago Lockbox

05-20-08 Bometrics done for both of them

06-15-08 RFE for 864

07-18-08 Resumed processing

11-07-08 I called USCIS and placed an "Service request"

12-02-08 "Service Request" notice received

12-17-08 Interview letter received dated on 12-08-08

02-18-09 Interview date at 8:45AM

Share this post


Link to post
Share on other sites

Sounds like a question hat is super easy to answer and I would . . . but I see Pandora's box hiding inside of it.

Tell us more about about how and when the person entered the USA and the time of the marriage and whether or not he or she entered with a visa or without (VWP).


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

Share this post


Link to post
Share on other sites

This is posted to the CR-1/IR-1 forum which has nothing to do with adjustment of status.

AOS from a visa waiver has been getting quite tough, visa waiver is for visiting only and since there is no visa it is hard to adjust status from a visa. Also even contemplating it before the fact is considered misuse of the VWP for immigrations, it boils down to INTENT, use of VWP with INTENT to immigrate is immigrations fraud. If AOS from VWP is denied, there is NO appeal.

Do the right thing file an I-130 for a spouse visa, and can always visit on the VWP while the petition is being processed. I-130 is not taking as long as in the past to get approved.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Share this post


Link to post
Share on other sites

Sounds like a question hat is super easy to answer and I would . . . but I see Pandora's box hiding inside of it.

Tell us more about about how and when the person entered the USA and the time of the marriage and whether or not he or she entered with a visa or without (VWP).

He entered the US over 2 years ago without a visa. They've been married for 13 months. They do have plenty proof that is a legite marriage.


I-130

02-06-06 NOA-1

02-21-06 *touched*

04-27-06 Approved (Wife)

05-02-06 Approved (Stepchild)

04-28-06 *touched*

05-01-06 *touched*

I-129F

02-22-06 NOA-1

03-08-06 *touched*

04-28-06 *touched*

05-04-06 *touched*

05-17-06 APPROVED

05-26-06 Received by NVC

05-30-06 Case # assigned

05-31-06 Sent to Bogota

06-02-06 Received at embassy (signed by Pedro)

06-06-06 Sent packet 3 to Medellin

06-08-06 Received packet 3

06-12-06 Faxed and mailed packet 3 back to US Embassy

06-16-06 Received packet 4 // INTERVIEW DATE JULY 21ST , 2006

07-21-06 Visas APPROVED , coming to America on July 28 , 2006

NVC

05-08-06 received (Stepchild)

05-09-06 received (wife)

05-12-06 case # assigned (Stepchild)

05-19-06 case # assigned (Wife)

AOS

05-02-08 AOS received in Chicago Lockbox

05-20-08 Bometrics done for both of them

06-15-08 RFE for 864

07-18-08 Resumed processing

11-07-08 I called USCIS and placed an "Service request"

12-02-08 "Service Request" notice received

12-17-08 Interview letter received dated on 12-08-08

02-18-09 Interview date at 8:45AM

Share this post


Link to post
Share on other sites

He entered the US over 2 years ago without a visa. They've been married for 13 months. They do have plenty proof that is a legite marriage.

Then DO NOT leave the country as has been previously suggested as doing so would have devastating results... File the I-130/I-485. The person entered on an Italian passport... Use that nationality...

Your greencard will indicate the country of birth as well

Edited by payxibka

YMMV

Share this post


Link to post
Share on other sites

Thank you Supreme Member. I'm sure he'll be happy to hear that.


I-130

02-06-06 NOA-1

02-21-06 *touched*

04-27-06 Approved (Wife)

05-02-06 Approved (Stepchild)

04-28-06 *touched*

05-01-06 *touched*

I-129F

02-22-06 NOA-1

03-08-06 *touched*

04-28-06 *touched*

05-04-06 *touched*

05-17-06 APPROVED

05-26-06 Received by NVC

05-30-06 Case # assigned

05-31-06 Sent to Bogota

06-02-06 Received at embassy (signed by Pedro)

06-06-06 Sent packet 3 to Medellin

06-08-06 Received packet 3

06-12-06 Faxed and mailed packet 3 back to US Embassy

06-16-06 Received packet 4 // INTERVIEW DATE JULY 21ST , 2006

07-21-06 Visas APPROVED , coming to America on July 28 , 2006

NVC

05-08-06 received (Stepchild)

05-09-06 received (wife)

05-12-06 case # assigned (Stepchild)

05-19-06 case # assigned (Wife)

AOS

05-02-08 AOS received in Chicago Lockbox

05-20-08 Bometrics done for both of them

06-15-08 RFE for 864

07-18-08 Resumed processing

11-07-08 I called USCIS and placed an "Service request"

12-02-08 "Service Request" notice received

12-17-08 Interview letter received dated on 12-08-08

02-18-09 Interview date at 8:45AM

Share this post


Link to post
Share on other sites

Then DO NOT leave the country as has been previously suggested as doing so would have devastating results... File the I-130/I-485. The person entered on an Italian passport... Use that nationality...

Your greencard will indicate the country of birth as well

When sending the I-485, do they have to send the medical form as well?


I-130

02-06-06 NOA-1

02-21-06 *touched*

04-27-06 Approved (Wife)

05-02-06 Approved (Stepchild)

04-28-06 *touched*

05-01-06 *touched*

I-129F

02-22-06 NOA-1

03-08-06 *touched*

04-28-06 *touched*

05-04-06 *touched*

05-17-06 APPROVED

05-26-06 Received by NVC

05-30-06 Case # assigned

05-31-06 Sent to Bogota

06-02-06 Received at embassy (signed by Pedro)

06-06-06 Sent packet 3 to Medellin

06-08-06 Received packet 3

06-12-06 Faxed and mailed packet 3 back to US Embassy

06-16-06 Received packet 4 // INTERVIEW DATE JULY 21ST , 2006

07-21-06 Visas APPROVED , coming to America on July 28 , 2006

NVC

05-08-06 received (Stepchild)

05-09-06 received (wife)

05-12-06 case # assigned (Stepchild)

05-19-06 case # assigned (Wife)

AOS

05-02-08 AOS received in Chicago Lockbox

05-20-08 Bometrics done for both of them

06-15-08 RFE for 864

07-18-08 Resumed processing

11-07-08 I called USCIS and placed an "Service request"

12-02-08 "Service Request" notice received

12-17-08 Interview letter received dated on 12-08-08

02-18-09 Interview date at 8:45AM

Share this post


Link to post
Share on other sites

When sending the I-485, do they have to send the medical form as well?

YES and it must be done at a USCIS civil surgeon... You cannot use your personal doctor (unless they are also a USCIS civil Surgeon as well)


YMMV

Share this post


Link to post
Share on other sites
Thank you Supreme Member. I'm sure he'll be happy to hear that.

Use the country of birth passport. I have dual nationality and entered the US with my UK passport (when I visited) but filed my paperwork with my Australia (birth) passport. It might confuse things if you file with a passport that isn't his "birth" passport because his birth cert says Ecuador.

Share this post


Link to post
Share on other sites

Use the country of birth passport. I have dual nationality and entered the US with my UK passport (when I visited) but filed my paperwork with my Australia (birth) passport. It might confuse things if you file with a passport that isn't his "birth" passport because his birth cert says Ecuador.

Please don't confuse things unless you have direct knowledge that it will..

My son was born in Moldova, but entered on his Ukrainian passport... We noted him as Ukrainian nationality.. Absolutely NO issues during I-485/AOS process whatsoever... His greencard says simply says Country of Birth : Moldova. NO CONFUSION.


YMMV

Share this post


Link to post
Share on other sites
Please don't confuse things unless you have direct knowledge that it will..

My son was born in Moldova, but entered on his Ukrainian passport... We noted him as Ukrainian nationality.. Absolutely NO issues during I-485/AOS process whatsoever... His greencard says simply says Country of Birth : Moldova. NO CONFUSION.

My direct knowledge is I was told specifically at my interview that my other passport was irrelevant and not to use it because it confuses things.

I identify as Australian even though I'm dual. There are some who might be say born in one country but move when they're little and feel more the second nationality. In my case I chose Australia. As a dual you can pick whatever you want, and each case is different so if there's a passport he uses more than the other use that one. I personally believe that you should pick your birth passport when you're doing it in the US.

HOWEVER, If I was living in the UK when I did mine I would have used my UK passport, not my Australian.

**Edit - you're talking the AOS process sans I-130. Your sons nationality issues were already dealt with. OP will be filing I-130, different situation.

Edited by Vanessa&Tony

Share this post


Link to post
Share on other sites

My direct knowledge is I was told specifically at my interview that my other passport was irrelevant and not to use it because it confuses things.

I identify as Australian even though I'm dual. There are some who might be say born in one country but move when they're little and feel more the second nationality. In my case I chose Australia. As a dual you can pick whatever you want, and each case is different so if there's a passport he uses more than the other use that one. I personally believe that you should pick your birth passport when you're doing it in the US.

HOWEVER, If I was living in the UK when I did mine I would have used my UK passport, not my Australian.

and I say it is irrelevant... pick the one you used to enter the USA because that is how they have his entry recorded (as an Italian NOT as a Ecuadorian)... After your greencard whichever one is irrelevant anyway as the only thing you need to get in to the USA is the greencard... no passport required

Edited by payxibka

YMMV

Share this post


Link to post
Share on other sites
If a person immigrated to the US with an Italian passport ( no visa tourist visa required) and married an American but he was born in Ecuador, which nacionality should he use to apply for his temporary resident card? Does he have to leave the country?

Ahhh he didn't "immigrate" he visited the US on his Italian passport... that's an important distinction because it's illegal to enter the US using a visitor visa (or VWP) with intent to immigrate and you saying he "immigrated" makes it appear it was his intent all along to circumvent immigration laws. SO, he entered the US on the VWP using his Italian passport. He is now attempting to AOS while in the US on the VWP.

Use whatever passport he wants. It's important that that is the passport he uses for the entire process. So if either one is due to expire soon (or in the next 6-12 months), pick the one that isn't going to expire.

Share this post


Link to post
Share on other sites

Use the country of birth passport. I have dual nationality and entered the US with my UK passport (when I visited) but filed my paperwork with my Australia (birth) passport. It might confuse things if you file with a passport that isn't his "birth" passport because his birth cert says Ecuador.

Ohmygoodness. The above is so wrong. Payxibka is correct. It has to be the passport of the country he entered the US with, otherwise they're going to question his entry. You cannot change passports to exit a country. Likewise, you cannot change passports to adjust status.

As an aside, my Canadian passport didn't confuse them at all when I filed, even though I am from the UK. It shows the place of birth right on the passport.

Edited by Krikit

iagree.gif

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...