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Eligibility Requirements for VAWA Self-petitioners:

• The intending self-petitioner must prove that s/he is a spouse, child (unmarried and under age 21)/parent of an abused child (unmarried and under age 21), or parent who was physically battered and/or subjected to “extreme cruelty” by a U.S. citizen or lawful permanent resident spouse, parent or adult child. Such abuse may include evidence of:
  • physical abuse, violent acts or threats of violence, sexual abuse or exploitation, verbal abuse and degradation, emotional abuse, isolation, intimidation, economic abuse, coercion or threats to take away children or have one deported

Go to Naces and look up a translation service there:

http://www.naces.org/

I used Silny and was very happy with them.

If he is in the military you need to contact his commanding officer. If you look in the military spouse forum and ask your question there I'm sure there are more people there that can tell you where to get help. The military won't allow such behavior.

Good luck!

@Need: First and foremost: I don't judge you because - as you said - I don't know you.

Considering though, that despite the fact that knowledgeable people here told you that there is now way for you to prove fraud, you have continued to ask for ways to get him deported - well, that makes you sound like you are out for revenge.

As for the lies and being misled into a marriage: well, you have been suckered and now because some woman tells you he committed fraud after the fact, you feel you have to stop him from doing it again? Why didn't this woman tell you that before? Why didn't his family warn you? Somehow it seems you rushed into a marriage without really knowing the guy. It happened - focus your energy on a divorce and leave it there.

Seems like you messed up just as much but what you make of it is solely your responsibility. As for investing time, money and emotions - I suggest to stop doing that now, divorce him and leave the rest to the authorities. Putting even more time and energy into dealing with USCIS and ICE will get you nowhere.

Fox translata will do it for 35 dollars a page. They are certified and accepted by USCIS. They do it within 24 hours.

Op, sometimes life deals us an unlucky hand. I do not know much about India or its culture beyond second hand knowledge, but I did do some counseling with a girl who was expected to agree to an arranged marriage. She was from Egypt and lived in the US since age 4. Her parents were guilt-tripping her like I've never seen before, but they never "pressured" her. Of course not. Usually there is a lot more than what we see on the surface and what we are allowed to see.

I believe that you are disappointed and hurt because your 'future' just fell apart. I can't say if it is all her fault, maybe and maybe not. I think it is good for you that you are now willing to dissolve this situation amicably for both of you.

My advice: Make sure she understands that there will be no ongoing marriage with her. Make sure that she understands that you are willing to 'help' her to a certain extend, but that there are definite limits on how much. Offer her assistance in returning home. And of course, get a divorce. Now, if you have to assume at any given time that she will suffer consequences from her family you might want to think of an alternative route. And no, I'm not suggesting to break any laws or do anything illegal. But maybe you could consider giving both of you more time to decide what to do with your future. Do you really know why she didn't tell you all these things before?

It is real easy to yell fraud when our feelings/trust/love, etc. get hurt. We feel betrayed and used and our first instinct is to lash out and hurt the other person in return. It is frightening to see how many people are willing to act out of revenge, unwilling to take responsibility for the situation. You basically agreed to marry a stranger, and now you don't like the person you got. This happens all time, even with people that actually know each other for years. Take this experience, learn from it and do not repeat it.

Sometimes we make a bad call, all we can do is deal with it and get over it.

Owning property in the US does not equal residency. To maintain the GC you have to be physically in the country.

As to the other issues: If you have the US citizenship you will have legal support through the US court system in regards to your kids in case you need it. I think that makes up for having to file 2 tax returns.

Doesn't Canada allow dual citizenship? If so, apply now for US citizenship. That, a good divorce lawyer and a good accountant should be able to clear up all of your confusion right now.

In order to make sure you can see your kids and, if necessary, to enforce your visitation rights, I would apply for US citizenship right now. This is possible 3 years after they issued you your first greencard.

But I have to agree, usually any social security benefits (even from other countries) are tax-exempt.

I also adjusted from F1 - and did it without a lawyer.

I did consult with an immigration attorney - who admitted after some digging - that all he does is fill out the paperwork - check your evidence and then give you his personal opinion whether the evidence is enough or not. I figured I can do that myself.

I think the biggest issue is - like Jim said - if your case is rather simple (and your case sounds like it), you will not need the additional expense of a lawyer on top of the fees. But, if it makes you feel better, get a lawyer.

Now, finding a lawyer - like aosapplicant stated it - would be great. Problem here is, in my opinion, to find out if a lawyer is really good at immigration proceedings you will have to know much more than just some basic info in regards to immigration proceedings.

In general, I found out that there are actually lawyers out there who advertise as immigration lawyers and they barely know the basics.

Whatever you choose: Good luck! And if you have specific questions, just ask...

I believe you can average between 3 and 4 months for the applications to be processed. So use the next 3 months wisely and start getting your evidence together. I personally believe that the process can be done without a lawyer if the situation is as straightforward as yours. I was also close to the 2 year mark when I applied and it did save me money....

Check all the guides, when in doubt - ask here.

My advice:

Make a file each for you and your kids. Fill out all the documents online and save them on your computer. Name them accordingly - it will make necessary changes easier.

Check if you need a co-sponsor.

I never bothered with cover-letters, but make sure to separate each application visibly from the other. I know that there are a few people here that will tell you to not overdo it when it comes to supporting evidence - on the other hand I sent everything I had - my interview lasted 4 minutes.

Good luck.

The overstay may definitely an issue. But as far as I understand the process (I came here on a F1 myself):

1. The I-94 will be stamped with D/S - not the passport or the visa.

2. The F1 visa should allow you re-entry because it is still valid - in theory.... I don't know how an overstay affects the visa - it could be invalid because of the overstay - I guess that is what you have to find out. The F1 visa generally allows multiple entries into the country.

They could deny re-entry because of the overstay. Ask your school if they can give you a letter that explains issues with the I-20, extended stay because of these issues, maybe a longer processing time anything that might explain why you stayed longer than allowed.

I just found this:

What happens if I fall out of status?

If you fall out of status, you can apply for reistatement provided you go to the INS and prove that:

1. The violation of status resulted from circumstances beyond the student's control or that failure to receive reinstatement to lawful F-1 status would result in extreme hardship to the student;

2. You are currently pursuing, or intending to pursue, a full course of study at the school which issued the Form I-20 A-B;

3. You have not engaged in unauthorized employment; and

4. You are not deportable on any grounds.

The visa of any nonimmigrant who overstays his/her period of authorized stay in the US will be canceled, and the person must apply for a new visa at the US embassy or consulate in his or her country of last permanent residence. If a person is in unlawful status for a period up to 180 days and leaves the US, he/she will be barred from returning to the US for a period of 3 years. If the unlawful period exceeds 180 days, the person will be barred for 10 years.

Hope this helps.

Good luck!

You still have about 4 to 5 years to go in each category until there is a visa number available.

I just checked the bulletin board:

Category 4(Brother and Sisters of Adult US Citizens) priority dates: October 2000 (Mexico: May 1996) (China/India: October 2000)

Category 2b (Sons/Daughters over 21 of Permanent Residents) priority dates: November 2003 (Mexico: December 1992) (China/India: November 2003)

So your dates are not up yet.

If you petition now as the spouse of a permanent resident it will take about 3 years, right now the priority date is July 2009.

Good luck!

You wrote that you sent a coverletter and the requested evidence. Did you include the RFE letter (original from USCIS) as well? They always ask to include it.

As to the lawyer debate: There are a lot of lawyers that advertise in immigration to make money without knowing more than the basics about the process/ processes. They give you some print-outs, a few lists and charge outrageous amounts of money to file the papers. So, even if you are convinced that a lawyer is a must for any kind of legal proceedings, most of us here are not. I filed without legal help, I used the guides here and everything went without a hitch. So, any money paid to a lawyer would have been a waste of money. If your case is clear-cut there really is no need and can be done without one.

You mentioned in an earlier post: "...I know I will win my case in the end if there is a denial due to such a typo or an error , but it is a nightmare, of course, to start a litigious battle in EOIR that may take year or two to finish when everything could be completed in just a 6 months.

That would definitely piss me off a lot and I would, no mistake about it, make this law firm accountable before the body of its' peers..."

I don't consider AOS a "case", nothing happens in front of a judge and jury. So yes, I agree with the general opinion here that in your situation I do not see the need for a lawyer - but if it makes you feel better, use one. Personally I believe you would have been much more meticulous filling out the form yourself, so the RFE wouldn't have happened in the first place.

Good luck!

Do you have a print-out of your ESTA? If so, submit that as well, and the admittance stamp from when you first entered.

It does not matter from which visa you adjust your status. If you are married 2 years at the time you adjust status you will receive the 10 year card and go through the process just once. So if nothing speaks against it, give it another 3 to 4 weeks and then file. I was married for a bit over 2 years when I applied and got a 10 year Green Card. No biggie.

I had a pretty high-level job with an industrial broker back home that allowed me to come and study in the US in the first place. I adjusted status to permanent resident in January and looked for a part-time admin job here on the coast that would allow me to continue my studies in fall. Not easy. I think I applied for about 60 positions before I "caved" and applied with McDonalds for a cashier position. And no, I do not think this position is beneath me or something. I have two cleaning jobs that pay about $25 an hour - I just can't get more of those .

Anyways, the day after I applied with McD I received a call for an interview the following day. I went and they offered me Community Outreach right off the bat. I was invited to the team meeting the next day (which I attended), scheduled for orientation that Saturday and to shadow one of the team members on Monday. 3 hours later I received a call the same day, that the owner/operator would like to discuss other options with me on Thursday and we cancelled the orientation and the plans for Monday.

Considering that I applied for a cashier's position, was invited straight to head-quarters instead of a store, interviewed with the owner of a 20-store franchise directly - not too bad. I believe we have to think outside the box when coming here and take chances we might not have considered before.

Good luck y'all.

Try volunteering in a hospital to get a foot in the door or contact temp agencies. Be prepared to work for minimum or for free. Contact the red cross or any of the disaster relief agencies.

You need to get people to talk to you in person not over the phone, that can make it much easier to get a job.

Depending on the state there are start-up programs for new business owners, mostly in terms of subsidized loans. It is perfectly legal to start a business as a permanent resident.

In order to get these loans you will need a professional business plan and sound financing. Check into state and federal programs (google it!) to get a better idea of what is available, make sure to have numbers and good idea about your competition. You should also have enough money yourself to survive the first year - although that's not a regulation - only good business practice.

Your first step should be to contact the universities that you are considering. They all have different criteria regarding foreigners and foreign degrees. Get your school papers translated to make it easier for them, get transcripts and if somewhat possible get a translation of your thesis. With that in hand they will be able to evaluate your degree and your field of specialty. That should make it easy to get into a PHD program.

Good luck.

You could also take some additional classes to get licensing as a teacher for physics which definitely validates your Masters.

I might be a bit late, but I guess in the situation you are in right now, I would consider the following:

Contact the IO's supervisor again - per e-mail (you do have the address when you forwarded the IO's email - write him that you resent the line of questioning this is taking and that you expect a written apology from the second IO that implied that you were at fault.

Make sure they are aware that you have written proof of said line of questioning and that this constitutes harassment. Also mention that what the first IO did was abuse of office.

If someone calls you, you might want to mention that you have written proof of all of this and you are willing to take this further if they are not willing to take disciplinary actions against their IOs.

Not sure if I would mention taking it to the press at this point, but you might also want to consider finding a senator or a member of congress and ask them if as an intending immigrant you have to be subjected to this kind of behavior.

You need your original birth certificate. If you have it with you use one of the certified online translation services. I used one, paid about $35 and received the translation within hours. If your bc got lost in the mail, tell your parents to get another copy as soon as possible.

As for proof of income: military personnel get a LES (Leave and Earnings Statement) include those. As a military dependent you should also be able to get help with these issues from the legal aid office on base.

P.S. You might want to search through the Military Immigration forum.

F1

As it has been said before, you can adjust status (apply for a green-card from your H1b).

To get a green card under this classification, the US employer must offer the employee a permanent job in the US. The employer may be the same employer that sponsored the H-1B visa, but it doesn’t necessarily have to be. Like the H-1B process, this green card process also requires the employer to file a certification with the Department of Labor prior to filing a petition with USCIS.

The process of getting an employment based green card can often be very long. As a result of lengthy processing times, H-1B workers are allowed to extend their status past the six years normally allowed, but only if they have reached a certain stage in the green card process.

There are three main steps in the employment-based green card process:

Labor Certification

Immigrant Petition

Adjustment of Status Application (“Green Card” Application)

You are eligible for extensions of H1B status beyond the six-year limit in one-year increments if you are the beneficiary of a Labor Certification that has been pending for at least a year. If you are a H-1B beneficiary who has an approved I-140 Immigrant Petition, but waiting for a visa number to become available before filing for Adjustment of Status, you may get an extension of H-1B status beyond the six-year limit in three-year increments.

I would assume that your company has already used an experienced lawyer to help with the original H1B visa processing. You might want to talk to HR and ask if your employer is willing to help you get a green card.

good luck!

To get back on track: - follow the guide for AOS, ask any question you need an answer to and file the forms.

Whether or not your girlfriend wants to file for Advance Parole is up to her, and I'm sure she will be able to make an informed decision. If she decides to file there will be no extra fees for it.