Applying for card. Help please! =D

[SamanthaJane 0]

My mother and brother moved to America in the middle of the year 05, I was meant to come for a vacation over Christmas that year. Without getting to much into detail, some stuff went down back home and I wasnt able to return. Papers stating that I wished to stay in this country were sent in, along with the money needed and information about myself. We havent heard anything and its been almost 6 years. Im getting married in a couple of months, also I have a 3 year old and another on the way. Im hoping to apply for adjustment of status towards the end of the year. Does anyone have any advice on how to go about this? What exactly I need & need to do? Much appreciated.

[Udella&Wiz 325]

My mother and brother moved to America in the middle of the year 05, I was meant to come for a vacation over Christmas that year. Without getting to much into detail, some stuff went down back home and I wasnt able to return. Papers stating that I wished to stay in this country were sent in, along with the money needed and information about myself. We havent heard anything and its been almost 6 years. Im getting married in a couple of months, also I have a 3 year old and another on the way. Im hoping to apply for adjustment of status towards the end of the year. Does anyone have any advice on how to go about this? What exactly I need & need to do? Much appreciated.

Have you been here 6 yrs without legal status? Clarify what was sent in when you say " Papers stating that I wished to stay in this country were sent in, along with the money needed and information about myself" What did you or your mom file at that time.

It's difficult to say what is needed if we don't know where you stand now.....have you ever had a GC or been for biometrics (fingerprints)?

Thanks

[SamanthaJane 0]

My mother tried to get an extension on my passport as to where I could stay here longer so that we could apply for adjusment of status. We paid the fee that was required, they asked for further information, we gave it to them. And that is where I stand. Im now almost 20 years old, (14 when I came here) so my fiance and myself are having to do this ourselves. We're just a little confused on how to go about it. Im having to do the majority of the reserach myself as he's away doing basic training right now.

[katiemanny 64]

My mother tried to get an extension on my passport as to where I could stay here longer so that we could apply for adjusment of status. We paid the fee that was required, they asked for further information, we gave it to them. And that is where I stand. Im now almost 20 years old, (14 when I came here) so my fiance and myself are having to do this ourselves. We're just a little confused on how to go about it. Im having to do the majority of the reserach myself as he's away doing basic training right now.

Adjustment of status from what visa, you cant adjust status from tourist visa, can you? Also you've posted in wrong thread, this is not a US Citizenship concern.

[SamanthaJane 0]

I dont have a visa, and this whole thing is new to me, so im not really sure where im meant to be posting.

[Anh map 2,098]

You are being too vague with the details here to get you the best guidance. Please be specific on how you entered the US, your current status ( green card or not), and your mother's status.

You don't seem to be eligible for citizenship, but until there is more info we cannot move this thread to the proper forum.

[SamanthaJane 0]

I havent said anything about my mothers status. As i said before, i came over here on vacation to visit her, certain things happened back in England to where i wasnt able to return. I had to stay here. My mother said the only thing she sent in was what i had mentioned previously. Thats all they required. I cant say anymore cause there isnt any more to it. All im trying to ask here is what steps my fiance and i need to go through to aquire a green card for myself.

My mother has her green card. As does my brother, they entered the US on a marriage visa i do believe. The government know im here, they just arent acting on it. So im stuck on what to do.

Edited May 17, 2011 by SamanthaJane

[NickD 203]

Im having to do the majority of the reserach myself as he's away doing basic training right now.

Is he in the US armed services? If so, he would have to apply for a K1 visa for you and your children, or marry you and apply for a petition for you and your child. In providing details, if you want help, were you married before? Is your mother a US ciitzen. If you were never married without children, your mom could petition for you, but this takes years as you already are learning.

Your only hope of coming here is with your intended spouse, but providing he is either a LPR or a US citizen, without a vixa to come here, the K1 is the best bet, but there are other means in the correct section of this board.

[NickD 203]

http://www.visajourney.com/forums/forum/80-k-1-fiancee-visa-process-procedures/

is the link for unmarred.

My stepson was over 21 when I married my wife, so my wife had to petition for him, is is over 21 and unmarried, after four years, nothing, this is what I mean about a parent petitioning a child. Takes forever. If my stepson does get married, he is dead meat, nothing we can do. Contacting my senators office, said they are helpless in this, and by the time frame, should be another four years.

[Anh map 2,098]

A request to extend your stay was filed 5 years ago and you never followed up on that? It's safe to say that you have been here out of status for several years. If you leave the US you will incur a ban to reentry that will last for several years.

Once you are married you and your husband will petition for adjustment of status. Do some reading in the VJ Guides to learn what you need to prepare.

*Moving thread from US Citizenship forum to Adjustment of Status Work, Student, Tourist Visa forum*

[Harpa Timsah 13,258]

DO NOT LEAVE THE US.

Get married and file for Adjustment of Status within the US. If you leave and pursue a K-1 visa as suggested you will incur a 10-year ban. Once you get your greencard you will be free to travel. You will need to know what was filed for you, as there are questions about whether anyone has petitioned for you before. If your mother only applied for extension, then that was done in error because you cannot extend Visa Waiver Program. That doesn't count for a relative petition. if your mother has a greencard, I am not sure why she or her husband didn't petition for you, but what's done is done. Here is the guide.

http://www.visajourney.com/content/i130guide2

There is some incorrect info in this thread because it was posted in the wrong forum and people who are not familiar with this sort of thing responded. That guide should sort things out. Best of luck.

[Udella&Wiz 325]

Negative comments aside - the OP is looking for our help, not judgement on whether her mother followed-up when she originally filed paperwork.

It would seem that yes, you're in a predicament but whatever you do, don't leave the US. I would suggest as the poster above did that you marry sooner rather than later (can always do a civil ceremony at city hall now, and the fancy ceremony later if you want) and apply for a process called 'Adjustment of Status' (AOS) which will adjust you status based on the marriage.

You child(ren)are are US citizens by birth so luckily you only have to worry about yourself. AOS is pricey, the current fee is $1010 but it's going to give you piece of mind and you'll be able to work legally and travel freely.

I wonder though - how have you gone to highschool and lived this long without having to show proof of your status? I had to show proof of my daughter's status a couple years ago when we first arrived and registered her for highschool and when she went for her driver's license. Are you or your mum absolutely positive you don't have legal status? Can you mum remember any other helpful details?

PS - I noticed you said 'the government knows Im here'...I wouldn't rely on that fact too much. Just because they haven't followed-up on something doesn't mean you're legally here. You're the one who has to prove it, not them.

[Harpa Timsah 13,258]

I did not intend to pass judgement on the OP or her mother - I mentioned that to try to see if there was any other paperwork filed on her behalf - to try to figure out what happened because it is possibly relevant. The fact that the mother came on a greencard based on marriage with her son, but did not petition the daughter seems strange, but maybe it is indeed what happened. Also, you cannot extend a Visa Waiver Program entry, so perhaps this fact will help uncover something to the story - or perhaps it is simply an error. Nothing negative here, just facts and ideas to unravel the story.

AOS is not $1010 - it is $1070 for the I-485 and $420 for the I-130.

[Udella&Wiz 325]

I did not intend to pass judgement on the OP or her mother - I mentioned that to try to see if there was any other paperwork filed on her behalf - to try to figure out what happened because it is possibly relevant. The fact that the mother came on a greencard based on marriage with her son, but did not petition the daughter seems strange, but maybe it is indeed what happened. Also, you cannot extend a Visa Waiver Program entry, so perhaps this fact will help uncover something to the story - or perhaps it is simply an error. Nothing negative here, just facts and ideas to unravel the story.

AOS is not $1010 - it is $1070 for the I-485 and $420 for the I-130.

I stand corrected on the fee - they're just a bunch of money grabbing buggers

[Brother Hesekiel 2,236]

Before I would be able to give any advice, I'd need to know what's inside the O.P's passport in regard to visa and I-94(W), and I'd also need to know what forms have been filed in her behalf so far.

Edited May 18, 2011 by Just Bob