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This qualifies as perhaps the worst piece of advice given on VJ on recently.
Why on earth would you recommend someone who is in the country to leave the country? That would be the WORST possible thing to do and result in the need for a waiver. Horrible, wrong advice.
OK, I said maybe I was wrong and I was sorry!!!!!!! That's what I was told. Just forget it, OK? Jeez!
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I think the safest solution would probably be for him to leave the country as soon as possible and then file for K3. Maybe you could have filed the I-130 concurrently with the I-485, but you had to do it before his visa expired to avoid the overstay. I'm not sure I-130 + I-485 would be a good idea now, but perhaps you should consult an immigration lawyer. Good luck!
Well, I'm going to COMPLETELY disagree with that. Leaving the country now would flag him with an overstay. Getting back in would be difficult. They need to discuss this with the proper agency.
For everyone else..... for the love of Pasta, don't wait until the last day to get married!!!! I mean, really....why? Is three or four days more going to tell you something about your fiancee that you don't already know? Their demonic side won't appear until the 23rd hour of the 89th day? Leave at LEAST a week for a buffer.
OK, sorry about that, I could be wrong, but I think the overstay is forgiven only if they have a VERY good reason why they didn't marry on time.
And as a matter of fact, during my K1 interview at the embassy, I had to swear that I would leave the US in case I didn't get married in 90 days.
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I think the safest solution would probably be for him to leave the country as soon as possible and then file for K3. Maybe you could have filed the I-130 concurrently with the I-485, but you had to do it before his visa expired to avoid the overstay. I'm not sure I-130 + I-485 would be a good idea now, but perhaps you should consult an immigration lawyer. Good luck!
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I'm not sure, but I *think* Canadian citizens are not issued regular visas and visa numbers. Hopefully someone will be able to confirm it. If that is the case, I guess you would just put "N/A".
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Thank you for the replies. Where is this magical red number? All I have is a I-94 card stapled to the inside of my Canadian Passport.
Hmm... I don't know about L1, but most visas seem to have a red number printed on them.
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Current USCIS status would be "L1 Visa Holder".
I believe L1 is "Intra-Company Transferee" visa. Is that correct? If yes, put "Intra-Company Transferee". Or just "L1 Visa Holder", which is the same thing.
Nonimmigrant Visa Number is the red number printed on your visa, which is not the same as the I-94 number.
Good luck!
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Or you can wait until you file to remove conditions, and change your name then? That way you save money.
You can also change your name (for free) as a part of the naturalization process.
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You don't have to change the passport, just make sure the name on the tickets is the same as the name in the passport. And bring the marriage certificate with you.
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She should NOT get all the vaccines again. That might not be safe. There are some tests that can determine what vaccines (if any) she needs to get.
Does she have any vaccination records from her home country? It doesn't have to be DS-3025, anything will do. Perhaps you could contact the doctor who did the medical and ask them to send a copy of the vaccination sheet? (if they still have it)
Good luck!
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As far as I know, you should use the 8-digit number stamped in red ink. Good luck!
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David and Marina,
I wouldn't risk it. Considering she came on a tourist visa and you withdrew the K1, the best thing would probably be to file as soon as possible. Good luck!
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A photocopy. Don't submit any originals.
Good luck!
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Does the I130 and other petitions need to be FILED before the I94 expires or RECEIVED before that date?
A petition is officially filed when it's RECEIVED. It doesn't matter when you send it.
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File without the medical.
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No, I have not filed the I-130, do I need to file that along with I-485 also? I ran across that in rereading the I485 instructions. My wife is here, entered legally, still on unexpired I94, and married here (she wasn't my wife before she came obviously) SO should that be filed with the I485 as well to Chicago?
Yes, if she came here on a tourist visa, you definitely need to file the I-130 along with I-485.
Closely follow these instructions and you should be fine: http://www.visajourney.com/forums/index.ph...page=i130guide2
Good luck!
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You need to register here: https://egov.immigration.gov/cris/jsps/index.jsp
Create/Edit customer portfolio account
Any time your application is handled by someone at a Service Centre, the barcode is scanned, which results in an update to the "last date" for your case on the USCIS website. When the date changes, this mean that someone has physically handled or "touched" your case. There are many reasons your application may be "touched" - from simply being moved from one desk to another, to RFE's, to being approved.
There are 2 kinds of touches. There are the ones that show some kind of update, there are the ones that don't bring a new message. By logging into the account, take a look at the date that shows next to your case number. If it's changed, you've been touched.
By clicking on the case number, you get to check whether it was an update touch or not. The ones that don't show updates are connected with some kind of work done with regard to your case - it merely shows that they've taken a look at it somehow.
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Sorry for asking, but have you filed a I-130 petition?
You may want to check this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2
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I think you also need G-325A, 2 passport type photos, copy of visa and I-94 from passport, birth certificate, marriage certificate, etc. Not to forget payments.
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They charge $35 to fill out the supplement, and some of them won't do it unless you have a full medical exam.
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I-485 Form:
Part 1: Current USCIS Status: If her visa is still valid, I would suggest you put *insert visa name* VISA HOLDER (for example: "K1 visa holder")
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I haven't been able to find a clear answer for this in a search. Does the I-864 need to be notarized like the I-134 did? I don't see anything on the I-864 form that says it needs to be notarized. Thanks
As far as I know, I-864 doesn't need to be notarized.
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Maybe you can, but keep in mind that some civil surgeons might refuse to fill out the supplement, because a civil surgeon is supposed to determine what vaccinations you need to get (if any), and make sure you get all of them.
One day late...oh sh*t
in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Posted
I asked the admin to delete my posts and my account, so you can all stop now. I just gave my OPINION, and told her to CONSULT A LAWYER. I also apologized if my opinion was wrong. Can we all just move on now?
I also posted a link where other VJ members gave the same kind of advice: http://www.visajourney.com/forums/index.php?showtopic=2724