celtichobbit

Okay so, my hubby is here for a few months. He's from England and we have sent off a I-130 petition to the Phoenix Lockbox (before he came here to visit). We were just thinking though that we would like to look into any possible way for him to just stay here. Obviously overstaying is ruled out because we want to follow the rules and it would make everything WAY more complicated than necessary. So, I've been looking into maybe applying for an adjustment of status for him or maybe an extension on his VWP so he can stay here longer while the petition is being processed and we can be together for longer.

Any information at all is much appreciated, I realize I might be being a bit hopeful, but I know that a few of the regulations and processes have changed recently.

Thanks!

-Rebecca

I've entered three times since I got married, twice after the I-130 was filed and had no problems. There is no law against visiting on the VWP while an I-130 is pending. Keep in mind that some CBP officers can be hesitant about letting him in from suspicion that he might try to adjust status once admitted. I never had to show anything at all, but it is advisable to have him bring some documents proving ties to the UK.

Whether the UK will allow you to visit is entirely up to the UK Border Agency. They might suspect the same, you visiting and then attempting to stay, although I don't know how they work exactly. It's my assumption that bringing your NOA1 with you as proof that he intends to move to the US might help out tremendously.

How long did you stay for? a few weeks? a month? just curious, its good to know that that will be a possibility if it takes a while, which it sounds like usually this process does take a while.

Okay quick questions again, do I need to send in my original consular report of birth abroad (since I was born on a US airforce base in Japan) or can I just send in a photocopy of it? and same with the marriage certificate? will they send me these documents back? cause it sounds like we might need the again after the petition is accepted and we go on to the NVC.

Also, what is the process after it gets approved? how can we find out what documents we will need for that so we can be prepared for when that happens? I've been looking on the site but maybe it's on VJ somewhere I just thought I'd ask. We'd like to have everything ready as soon as possible so we don't have to go running around trying to make sure we have everything ready when the petition gets approved, which I realize could be a while anyway, but still. It's better to be prepared. Especially with things as important as this.

Oh also, can I send in just a copy of all the pages of my passport instead as proof of citizenship and do I need that notarized? if I need to get another consular report of birth abroad I can, I'm just making sure I don't send off originals if I don't have to.

Yes, he can visit.

Awesome, thank you for your quick response!

Hey, so I'm applying for an I-130 for my british husband and I've been looking around a bit and it almost sounds like if the I-130 is pending he could come visit on the VWP for a bit then return to the UK and after it's approved apply for his visa and it would break up the waiting a bit, is this true? or has stuff changed, I think some of the things I was looking at were older posts, but does anyone know if this is true? also, does anyone know if there is any restrictions on me going to the UK on the VWP to visit him if the petition takes a while? or do I have to stay in the US for all of that?

We're trying to be patient because we know this whole thing takes a while, and we don't have much money for trips back and forth anyway but if there's a chance we could have him come here for a few weeks or something in a couple months when/if it's still pending then that would be EXTREMELY nice. I know the rest of you know how hard it is to be so far away from your other half so I don't need to explain this much.

Anyway, thanks

'student' isn't an occupation.

Okay, I had a feeling that was the case, thank you. He's filled out a new one and sent it to me, so we'll wait on that one too and then send it all off. Again, thanks for all your help guys more than likely you'll see me around for more questions haha

Awesome, you guys have been SO much help! thank you so very very very much! I've got everything completely set up now, all I'm waiting for now is my Certified Marriage Certificate to get back (because I sent that in to change my name on my passport, got the passport back and now waiting for the certificate which should be here after the memorial day weekend, hopefully) and I've gotta get my mom to write the check for me then we're good to send it all off.

One thing we were wondering about g-325a form is, my husband filled that out with his occupation/job thing being "student" because he's technically a student until July when he's done and he didn't have a job when he filled it out and sent it to me but now he's been hired working as a waiter and we were wondering if he should re-fill out the form or if it matters?

Okay that's great to know thanks,

One thing is, if my parents write the check for the petition fee then should I explain why it isn't my name on the check?

Great, thanks

I know I've been asking loads of little questions but I was just wondering what counts as proof of legal name change? I have a receipt from the Social Security Administration for a new ssn card but it doesn't specify it was for a name change, do I just write that in the info in the cover letter or write a note on the receipt? thats the other thing, do I just write a note for what things are on those things or write it in the cover letter? should I number the pages or use tabs or what for the line-up?

I don't think so. We were worried that ours were only from friends and not family!

Haha! that's so funny, opposite worries

We just really want this to work out fine, we both miss each other so much, hard to be apart especially when it's pretty much in someone else's hands whether or not we can be together with all this. But I'm glad to know I'm not alone in this, thanks so much for all the help!

One thing I am still a little lost on is how to compile all of this, there's a little info on here but should I use folders, paper clips, staples? also, for the passport style photos is it okay if I put them in a small envelope so they don't get lost or does it even matter

Once again, thank you so much for being so helpful

It looks fine to me. Ours were much shorter but I think having one from your mum is good.

Great thanks, I've got this one for her, and I've got another one we're working on for my brother, it won't matter if these are from family will they? with us being in different places we don't have too many mutual friends that have seen us together that much.

how do y'all think this one works? i took out the address, but obviously will put it back in before sending it

Affidavit from Marilynn Methven2.doc

Awesome, thanks so much!! do you know if I need to send a copy or a certified copy of my Consular Report of Birth Abroad? it doesn't specify.

We're in the exact same boat! We even have British husbands (well, soon to be husband for me). I'm not sure about the other stuff but I know for you to be the primary sponsor for your husband you have to make close to 19,000 dollars a year. I myself am a nanny, so my dad is being the co sponsor for us. Being young and not having much work/work experience kind of puts us in a tougher place than older petitioners. Good luck!

Wow! what a coincidence! thanks, good luck to you too!

Thank you all SO much for the help.

We haven't actually had the wedding ceremony yet, just did the court house marriage thing. We were going to have the ceremony this summer but plans changed a bit, my Dad has a weird schedule for work and is gone for months at a time so we're gonna wait till my husband is over here then we'll have the actual ceremony so I can't include any of those pictures, you don't think this will be an issue, will it? I have a few pictures of him with my younger sisters when we were all hanging out, but they are under 18 so I'm guessing they're too young for affidavits? or is there an age limit?

Also, how am I supposed to pay the fee for the petition? just a check? also, can the check be from someone else or does it need to be me? my parents are loaning me the money for it until I get my paycheck from my job so I can pay them back, so I was wondering if a check from them would be alright or if they need to transfer the money to me and I can write a check myself.

Once again guys, thanks so much for the help!

okay, awesome thanks! is there a particular way I need to put this together? some kind of layering process or a cover letter or anything? I'm really very new at this and don't want to mess it up.

That's weird, I attached it but I don't see it..haven't used that feature yet..

Affidavit from Marilynn Methven.doc

Okay, so I found the Affidavit one, and filled one out for my Mom and one for my brother. I'm attaching the one for my mom with this, if someone could look it over and let me know if that's fine or if I should change anything that would be great. The thing I'm not sure about is the number at the top of the page and also to for the purpose of section.

My Husband and I don't actually own anything together since he's over in England and I'm here in Alaska, so I suppose I'm gonna have to figure out the affidavit of proof of relationship from a few family members/friends, but can anyone tell me the requirements for those? what it looks like and if we need it notarized, I can't find anything about it on the USCIS website which is weird.

It only mentions it in the I-130 petition form instructions. On the page where you get the pdf for the form it has a list of required documentation but an affidavit from someone stating our relationship is genuine isn't one of them...really confused!

Also, can I just send in my regular Consular Report of Birth Abroad? or do I need to get it copied and certified or do I have to order a new one or something? confused on that one as well.

Thanks!

-Rebecca

You were not greeted with hostility. People were very gentle with you until you started arguing and questioning, even AFTER you were given links to the official NVC statement about killing the I-129F on arrival.

When asked to look at what you were calling a "certificate of birth abroad", you continued to argue and question instead of looking and finding the answer. You were NOT born in the USA. Don't beat your head against the wall trying to say you were. You're getting straight talk, not hostility.

:]

If reading carefully, interpreting literally, attention to detail and answering accurately are not really your forte, it would be best if you hire professional assistance.

And, I may not be the brightest crayon in the box but I love my husband to death and I am absolutely stone-set determined to get him over here so we can be together. I can do anything if I put my mind to it, including figuring this stuff out and at the end I'll be smarter for it.

Hopefully, you now understand there are people here you can trust and that attention to detail is critical. If reading carefully, interpreting literally, attention to detail and answering accurately are not really your forte, it would be best if you hire professional assistance.

The only reason I actual believe you about all of this is now I have been given the same advice from other people as well, and THEY have been able to give me links that make sense and explain it to me rather than greet me with hostility and a tell me just to listen to them. Thanks for your help.

Trying to help you with that. Look at what you have. Does it say "Consular Report of Birth Abroad"? I expect it does. If so, check Parents and No and get on with your life. Never heard of a "Certificate of Birth Abroad". Look at it closely and tell us what it is REALLY called, so we can answer your question definitively. Words and terminology make or break you in this process.

I've just looked at it again and it says "Consular Report of Birth Abroad", so that's what I'll do then.

Thank you all for the info, I think we'll go ahead and discount the K-3 bit, just go with the other one instead, sounds like it would work well in theory but it doesn't in practice, and we really don't want this to take any longer than necessary.

Again, thanks and I'm sorry if I came across as being stubborn or obstinate about any of that, just trying to understand all of this :]

The one thing is I'm still concerned about what to do about the question 'how did you obtain U.S citizenship' with being born to American parents on an airforce base in Japan, I have Certificate of Birth Abroad, so do I check 'parents' then? or birth in U.S? since a U.S base is pretty much U.S soil anyway, right? I can't figure out how I contact these people to ask.

Thanks

If you are a dependant on his tax return, he needs to count you.

Awesome, thanks for the info!