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bespin_native

New kid on the block (I-130 process)

By bespin_native in Adjustment of Status from Work, Student, & Tourist Visas

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bespin_native Newbie

bespin_native   0

Posted
Filed: K-3 Visa Country: Colombia
 Timeline
Posted

Hi everyone,

Before anything else, I'd like to thank you all who provide such good advice on this forum. It's amazing how many people are in the same spot as me and just as clueless about the process, so thanks to all you good people for showing us newbies the way.

A little background: I married my fiancee while she was in the U.S. on a tourist visa. We got married by the state and have our marriage license, so we got that taken care of. Now, as far as I can tell, I need to send in the I-130 packet with the following:

  • G-1145 Form
  • I-130 Form
  • I-94 Form
  • G-3245A (one for me and one for her)
  • Copy of my U.S. passport, my birth certificate, her birth certificate (translated into English) and my driver's license.
  • Copy of marriage certificate.
  • Proof of bonafide marriage (pictures, plane tickets, etc)

Am I missing anything? Will she get deported because she entered the country as a tourist and we ended up getting married? I am very scared they will deny her. Any help is greatly appreciated.

Ischnura Collaborator

Ischnura   285

Posted
Filed: Citizen (pnd) Country: England
 Timeline
Posted

Hi Bespin, congrats on getting married :)

If you take a look at the guides tab at the top of the page - from a computer not a phone - you'll find pretty much everything you need to assemble your packet.

Is your wife returning to her home country through the process?



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bespin_native Newbie

bespin_native   0

Posted
Filed: K-3 Visa Country: Colombia
 Timeline
  • Author
Posted
Ischnura,

Thanks for the tip. Her visa allows her to stay in the country til the end of the year as a tourist, so I don't think she'd be violating any laws in staying, but should she go back? Would immigration send her back?

TBoneTX Grand Master

TBoneTX   45,522

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread moved from Introducing Our Members forum to the "Adjustment of Status from Work, Student, & Tourist Visas" main forum, which seems the logical outcome. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

R2B Apprentice

R2B   2

Posted
Filed: Country: Canada
 Timeline
Posted

Ischnura,

Thanks for the tip. Her visa allows her to stay in the country til the end of the year as a tourist, so I don't think she'd be violating any laws in staying, but should she go back? Would immigration send her back?

I suppose end of this year is Visa expiration date instead of date of authorized stay on I-94. generally CBP allows 6 months stay .

as far as you filed I485, her stay is legal pending AOS.

the risk is that your wife need to convince USICS officer she did not intend to get marry and file AOS on entry , otherwise it is possible to get refused and have to leave US and start visa application from US consulate in her country.

bespin_native Newbie

bespin_native   0

Posted
Filed: K-3 Visa Country: Colombia
 Timeline
  • Author
Posted

I suppose end of this year is Visa expiration date instead of date of authorized stay on I-94. generally CBP allows 6 months stay .

as far as you filed I485, her stay is legal pending AOS.

the risk is that your wife need to convince USICS officer she did not intend to get marry and file AOS on entry , otherwise it is possible to get refused and have to leave US and start visa application from US consulate in her country.

So, aside from the I-130 process I need to fill out an I-485 at the same time or do I need to do that after I get an answer from the I-130? I'm sorry if this is a dumb question, but I'm doing all this by myself and I don't want to screw it up.

Thanks so much for your help.

 
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