confusing fiance petition situation - baby involved

[Steven P. 0]

Hi folks,

Great website, I've gotten lots of good info from here for my situation, but unfortunately no one else seems to be in the same boat, so that's why I'm making this post. This is kind of long and might be too specific, or not specific enough, so sorry about that and ask any questions if something isn't clear. I'm trying to avoid lawyer fees, but I'm not sure yet of what I'm going to do.

In 2003, I witnessed a murder. I had just turned 18, my mom freaked out about it, and we moved out of our home in California and left it rented. I lived in Mexico from 2003 to 2011. I only ever had tourist visas while there. Back in the day, you weren't required to get a permit to enter Mexico, especially if you crossed the border on a bus, in a car, or on foot. They hardly even bothered to get a look at your ID.

So I don't have proof of when I entered or came back most of the time, but I know I entered in 2003 and came back to California in 2006 when my mom sold our house there. We packed our stuff and sent it into storage in Texas where she bought a couple homes that year. I still didn't bother coming back to live in the states at that time because I was already enjoying my life in Mexico with my girlfriend.

From 2003 to 2006, we lived on the rent of the house from California, and from 2006 to 2010 or so, we lived on the rent from one or both houses rented in Texas. In 2010 we didn't have anyone renting anymore and needed to come back to the states to work or get new tenants. One of the houses was in awful condition though, and needed to stay to fix it and ended up staying here permanently because my uncle got diagnosed with Cancer and needed surgeries and transportation. Texas doesn't have any help at all for folks that need to be taken to their doctors appointments, so I stayed with him. I lived with him for almost a year and didn't get paid in any way because he didn't have the money for that.

In 2009, my girlfriend moved in with me at the family home in Mexico, and in 2010 our daughter was born. I had no idea that I needed to file a CRBA for her. I honestly had no plans to return to the US ever. If it hadn't been for my uncle, I would still be there.

I'm now a caregiver for the sick and/or elderly, but I've only been working since November of last year. I would sell on eBay on occasion from Mexico but never made more than 3 grand in a year from that. I also had a website but it didn't make much money, and I never filed taxes for that or eBay sales. I was planning on doing that this month and arrange a monthly payment plan actually.

My mom hasn't paid taxes on the homes she had rented, and my job isn't exactly paying well. In fact, it's only minimum wage, which is not enough to meet the requirements to file the petition, but I have 6 grand in a bank account left over from one of the homes that my mom sold and we lived from that money for all those years in Mexico pretty much.

I get the feeling it's hopeless to ever bring them to the states, am I right? If it wasn't for the war on drugs in Mexico, I would go back. I honestly have no desire to live in the states without them, and I will have to go back if I can't have them with me soon but then I will be in another mess again. It's impossible for me to legally reside in Mexico, they demand that a foreigner makes at least 20-24 thousand dollars a year in Mexico and that's not going to happen for me. It's more than I've ever made here, and those amounts in Mexico is next to impossible for a common person to make legally.

Here's what I DO have proof of:

A valid California ID from 2006, good until 2011 (now void).

A valid Texas driver license from 2011

Bills from water and gas companies in my name from 2011 for the home in Texas that was recently sold

Bills from current home in Texas

Various ticket stubs from traveling into and out of Mexico, one in and out at least except for 2007-2008, because I spent more time with my girlfriend those years when we decided to try and marry in Mexico. It never happened because Mexico asks for a lot of documents from foreigners to marry a Mexican. I never had them all at once at any time until my daughter was born and I wanted her to have my name on her birth certificate, so I had no choice but to give up my Apostille and all that for that purpose.

Emails from when I would return to texas and she and I were in communication

Long distance logs from all the calls I make to her. We talk at least 30 minutes a day on the phone. Costs a fortune, LOL. Actually, around 50-100 dollars a month.

Photos. There's more photos of when my daughter was born than there are from before she was born. My girlfriend HATES to be photographed, so I could never get any pictures of her and I. We did take pictures, but mostly group photos with her sisters and brother in there, unfortunately.

Bank statements showing transactions in the US and Mexico. She has one of my debit cards. Now I see online that it may have been better to have sent her money through Western Union so that it would be in her name, but I had no idea at the time I gave her my card. Chase has the option of adding Memos and I always include a memo saying the money is for her, but I don't know if those memos show up in statement printouts.

Home in my name worth 66,000 and no mortgage or other debts.

6,000 cash in bank account.

Other than that, I need to file the CRBA for my daugher, which I plan to do in May. I will either file it and make the appointment for my girlfriend to go, or I will go in person to Guadalajara. If a relationship from before my daughter was born can't be established, I would need to get a paternity test done so I may just go after all. I just wanted to avoid the traveling fees.

QUESTIONS: should I get a lawyer to help out, given my situation above? I already went to see one, and I didn't like what I heard. Basically, the lawyer has no idea if she can help and won't lift a finger to research what needs to be done until I pay $1000 for filing the I-129F. That money would be lost of course when she mails the form, but she has never worked on a case involving Mexicans. Apart from this she had never heard of the CRBA (consular report of birth abroad) process, and that makes me wary.

Should I get a co-sponsor, such as my girlfriends father? He agreed to co-sponsor her, but I want to know what would be best in this situation. The home and the cash I have are sufficient to supplement my low income, am I correct?

Can I apply for a work permit at the same moment that the I-129F is sent for my girlfriend? She's ready, willing, and able to work over here. Perhaps a note from a doctor that states that she's in excellent health would help for this as well? When she had a c-section, the doctors were amazed with how strong she is physically and how well she handled the procedure.

When writing in the form the places I have lived in the past 5 years, would I put in the address in Mexico, or the addresses on my ID and driver license? In the last 2 years, I've been here in Texas mostly, but before that I spent more time in Mexico.

All of the above I told and asked the lawyer I saw, but she really had no idea what she was talking about, IMO. Is it too much to expect that she have more answers? She is an immigration lawyer, but works more with people from India.

Sorry for rambling on so much, I'm sure I lost many of you after the second paragraph, LOL. Any help would be appreciated and I will update as things progress.

steve

[LeftCoastLady 441]

QUESTIONS: should I get a lawyer to help out, given my situation above? I already went to see one, and I didn't like what I heard. Basically, the lawyer has no idea if she can help and won't lift a finger to research what needs to be done until I pay $1000 for filing the I-129F. That money would be lost of course when she mails the form, but she has never worked on a case involving Mexicans. Apart from this she had never heard of the CRBA (consular report of birth abroad) process, and that makes me wary.

Should I get a co-sponsor, such as my girlfriends father? He agreed to co-sponsor her, but I want to know what would be best in this situation. The home and the cash I have are sufficient to supplement my low income, am I correct?

The co-sponsor has to be a US Citizen or legal permanent resident. Is your fiancée's father one or the other? If not, you wouldn't be able to use him as a co-sponsor.

Can I apply for a work permit at the same moment that the I-129F is sent for my girlfriend? She's ready, willing, and able to work over here. Perhaps a note from a doctor that states that she's in excellent health would help for this as well? When she had a c-section, the doctors were amazed with how strong she is physically and how well she handled the procedure.

Short answer: no. Assuming the petition is approved, your fiancée would first need to come to the U.S., marry you, apply for a Social Security number, and then you would need to go through the Adjustment of Status (AOS) process, which includes submitting documents to receive an Employment Authorization Document. She cannot work before receiving the EAD. To do so would be illegal.

When writing in the form the places I have lived in the past 5 years, would I put in the address in Mexico, or the addresses on my ID and driver license? In the last 2 years, I've been here in Texas mostly, but before that I spent more time in Mexico.

You would need to include all addresses where you've resided in the past five years.

Please take time to read through the K-1 guide as well as the comparison chart to make sure this is the right option for you. http://www.visajourney.com/content/compare

[aaron2020 11,651]

Hi folks,

Great website, I've gotten lots of good info from here for my situation, but unfortunately no one else seems to be in the same boat, so that's why I'm making this post. This is kind of long and might be too specific, or not specific enough, so sorry about that and ask any questions if something isn't clear. I'm trying to avoid lawyer fees, but I'm not sure yet of what I'm going to do.

In 2003, I witnessed a murder. I had just turned 18, my mom freaked out about it, and we moved out of our home in California and left it rented. I lived in Mexico from 2003 to 2011. I only ever had tourist visas while there. Back in the day, you weren't required to get a permit to enter Mexico, especially if you crossed the border on a bus, in a car, or on foot. They hardly even bothered to get a look at your ID.

So I don't have proof of when I entered or came back most of the time, but I know I entered in 2003 and came back to California in 2006 when my mom sold our house there. We packed our stuff and sent it into storage in Texas where she bought a couple homes that year. I still didn't bother coming back to live in the states at that time because I was already enjoying my life in Mexico with my girlfriend.

From 2003 to 2006, we lived on the rent of the house from California, and from 2006 to 2010 or so, we lived on the rent from one or both houses rented in Texas. In 2010 we didn't have anyone renting anymore and needed to come back to the states to work or get new tenants. One of the houses was in awful condition though, and needed to stay to fix it and ended up staying here permanently because my uncle got diagnosed with Cancer and needed surgeries and transportation. Texas doesn't have any help at all for folks that need to be taken to their doctors appointments, so I stayed with him. I lived with him for almost a year and didn't get paid in any way because he didn't have the money for that.

In 2009, my girlfriend moved in with me at the family home in Mexico, and in 2010 our daughter was born. I had no idea that I needed to file a CRBA for her. I honestly had no plans to return to the US ever. If it hadn't been for my uncle, I would still be there.

I'm now a caregiver for the sick and/or elderly, but I've only been working since November of last year. I would sell on eBay on occasion from Mexico but never made more than 3 grand in a year from that. I also had a website but it didn't make much money, and I never filed taxes for that or eBay sales. I was planning on doing that this month and arrange a monthly payment plan actually.

My mom hasn't paid taxes on the homes she had rented, and my job isn't exactly paying well. In fact, it's only minimum wage, which is not enough to meet the requirements to file the petition, but I have 6 grand in a bank account left over from one of the homes that my mom sold and we lived from that money for all those years in Mexico pretty much.

I get the feeling it's hopeless to ever bring them to the states, am I right? If it wasn't for the war on drugs in Mexico, I would go back. I honestly have no desire to live in the states without them, and I will have to go back if I can't have them with me soon but then I will be in another mess again. It's impossible for me to legally reside in Mexico, they demand that a foreigner makes at least 20-24 thousand dollars a year in Mexico and that's not going to happen for me. It's more than I've ever made here, and those amounts in Mexico is next to impossible for a common person to make legally.

Here's what I DO have proof of:

A valid California ID from 2006, good until 2011 (now void).

A valid Texas driver license from 2011

Bills from water and gas companies in my name from 2011 for the home in Texas that was recently sold

Bills from current home in Texas

Various ticket stubs from traveling into and out of Mexico, one in and out at least except for 2007-2008, because I spent more time with my girlfriend those years when we decided to try and marry in Mexico. It never happened because Mexico asks for a lot of documents from foreigners to marry a Mexican. I never had them all at once at any time until my daughter was born and I wanted her to have my name on her birth certificate, so I had no choice but to give up my Apostille and all that for that purpose.

Emails from when I would return to texas and she and I were in communication

Long distance logs from all the calls I make to her. We talk at least 30 minutes a day on the phone. Costs a fortune, LOL. Actually, around 50-100 dollars a month.

Photos. There's more photos of when my daughter was born than there are from before she was born. My girlfriend HATES to be photographed, so I could never get any pictures of her and I. We did take pictures, but mostly group photos with her sisters and brother in there, unfortunately.

Bank statements showing transactions in the US and Mexico. She has one of my debit cards. Now I see online that it may have been better to have sent her money through Western Union so that it would be in her name, but I had no idea at the time I gave her my card. Chase has the option of adding Memos and I always include a memo saying the money is for her, but I don't know if those memos show up in statement printouts.

Home in my name worth 66,000 and no mortgage or other debts.

6,000 cash in bank account.

Other than that, I need to file the CRBA for my daugher, which I plan to do in May. I will either file it and make the appointment for my girlfriend to go, or I will go in person to Guadalajara. If a relationship from before my daughter was born can't be established, I would need to get a paternity test done so I may just go after all. I just wanted to avoid the traveling fees.

QUESTIONS: should I get a lawyer to help out, given my situation above? I already went to see one, and I didn't like what I heard. Basically, the lawyer has no idea if she can help and won't lift a finger to research what needs to be done until I pay $1000 for filing the I-129F. That money would be lost of course when she mails the form, but she has never worked on a case involving Mexicans. Apart from this she had never heard of the CRBA (consular report of birth abroad) process, and that makes me wary.

It's not unreasonable for a person to ask to be paid before doing research for your benefit. No lawyer does work for a client without getting paid first.

This lawyer knows nothing about immigration law if the lawyer has not hear of CRBA. It is basis. RUN. DO NOT HIRE THIS LAWYER.

Should I get a co-sponsor, such as my girlfriends father? He agreed to co-sponsor her, but I want to know what would be best in this situation. The home and the cash I have are sufficient to supplement my low income, am I correct?

A Joint Sponsor can be anyone over age 18 who is a US citizen or legal permanent resident. A foreign national who is not an LPR cannot be the Joint Sponsor.

Can I apply for a work permit at the same moment that the I-129F is sent for my girlfriend? She's ready, willing, and able to work over here. Perhaps a note from a doctor that states that she's in excellent health would help for this as well? When she had a c-section, the doctors were amazed with how strong she is physically and how well she handled the procedure.

No. Leftcoastlady gave you a good answer.

When writing in the form the places I have lived in the past 5 years, would I put in the address in Mexico, or the addresses on my ID and driver license? In the last 2 years, I've been here in Texas mostly, but before that I spent more time in Mexico.

All places where you have lived. That's pretty straight forward. Do not include vacations or visits.

All of the above I told and asked the lawyer I saw, but she really had no idea what she was talking about, IMO. Is it too much to expect that she have more answers? She is an immigration lawyer, but works more with people from India.

RUN. DO NOT HIRE HER. If she doesn't know what a CRBA is, then she is not a very good immigration lawyer.

Sorry for rambling on so much, I'm sure I lost many of you after the second paragraph, LOL. Any help would be appreciated and I will update as things progress.

steve

[Steven P. 0]

leftcoastlady,

yes, my "father-in-law" has lived legally in the states for 20+ years and has a well paying job. he was a co-sponsor once for a relative that filed a k-3 once. would that be a problem?

I thought I had read somewhere that a petition for fiance could be filed at the same time as the work permit. maybe I got it confused with the adjustment of status.

aaron2020, thank you. the only thing i ever had in writing that says I lived in Mexico is the phone bill of the house that I stayed in. it's still in my name, my fiancée pays the bill because she lives there now. I wanted her to change the bill to her name so that she would have that as evidence that I call her every day, but Mexican politics and corruption prevailed there and is impossible right now.

[LeftCoastLady 441]

leftcoastlady,

yes, my "father-in-law" has lived legally in the states for 20+ years and has a well paying job. he was a co-sponsor once for a relative that filed a k-3 once. would that be a problem?

As long as he provides the supporting documentation for the Affidavit of Support, including income, tax return transcript, proof of citizenship/naturalization, you shouldn't run into any issues. As a co-sponsor, be sure he meets the guideline based on his household plus your fiancée.

2012 Poverty Guidelines (look at the 125% column): http://www.uscis.gov/files/form/i-864p.pdf

[KayDeeCee 4,891]

leftcoastlady,

yes, my "father-in-law" has lived legally in the states for 20+ years and has a well paying job. he was a co-sponsor once for a relative that filed a k-3 once. would that be a problem?

I thought I had read somewhere that a petition for fiance could be filed at the same time as the work permit. maybe I got it confused with the adjustment of status.

aaron2020, thank you. the only thing i ever had in writing that says I lived in Mexico is the phone bill of the house that I stayed in. it's still in my name, my fiancée pays the bill because she lives there now. I wanted her to change the bill to her name so that she would have that as evidence that I call her every day, but Mexican politics and corruption prevailed there and is impossible right now.

For the petition, you need to prove you are both legally able and willing to marry and that you have met in person in the 2 years prior to filing. The CRBA for your child could help prove the face-to-face meeting(DNA test showing the child is yours), and your name on the house there, since you lack the usual passport stamps and boarding passes. Anything useful that helps prove it. I believe you can also ask CBP for evidence of your crossings, if you want to look into that.

If her father is still under contract for the other relative he filled out an affidavit of support for, then he would need to also add them to his household count. If he makes enough to cover at 125% of the poverty level, then it is fine for him to co-sponsor.

You CAN file for the EAD right after arriving and getting your SSN when entering on a K-1, however, it would be a waste of $380. It would only be good for as long as the I-94 is(90 days), and it can take 60-90 days to receive. Therefore, it is just a way to throw away money. When you file for adjustment of status, you can file for the EAD at the same time and the fee for it will be waived in that case, plus it will be good for a year, giving plenty of time to receive the green card with no stoppage in work that way. Be aware, the cost of filing for AOS is $1070.

If you marry first in Mexico and then file for a spousal visa instead, she would receive her green card upon entering and be able to work and travel without needing to file for AOS. It takes slightly longer to receive than the K-1, but it is cheaper in the long run.

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

[Steven P. 0]

Jay-Kay and LeftcoastLady,

I thought I had looked at that comparison before, but I think getting married in Mexico might actually be a better option. We had tried that before but there were too many things being asked for that I didn't have. Once I did have them, my daughter was born and it just so happened that the same exact papers were required to be able to have my name put on her birth certificate, so that was the end of that. The registro civil kept all the documents.

How long would an affidavit of support contract last? My father-in-law did that years ago. I'm not sure how long ago it was.

I do have a few passport stamps, but not all of them. I didn't know I could get a record of my crossings, that would be very helpful. I was wondering how the heck I was going to be able to accurately list all the times I have left the country on that affidavit. That thing is way too specific for my memory.

Well it looks like this is going to have to wait. The appointments for May and June are full on the Guadalajara website for CRBA's.

Does anybody know if I can report a CRBA at any consulate in the country? I'd be willing to go to any state in Mexico if I could get this done in May. (Sorry to go off topic on this).

[LeftCoastLady 441]

How long would an affidavit of support contract last? My father-in-law did that years ago. I'm not sure how long ago it was.

From the I-864 document:

When Will These Obligations End?

Your obligations under a Form I-864 will end if the person who becomes a permanent resident based on a Form I-864 that

you signed:

Becomes a U.S. citizen;

Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;

No longer has lawful permanent resident status, and has departed the United States;

Becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status,

based on a new affidavit of support, if one is required; or

Dies

Note that divorce does not terminate your obligations under this Form I-864.

Your obligations under a Form I-864 also end if you die. Therefore, if you die, your Estate will not be required to take

responsibility for the person's support after your death. Your Estate may, however, be responsible for any support that

you owed before you died.

Edited April 7, 2012 by LeftCoastLady