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merc0230

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Posts posted by merc0230

  1. Well if you are willing to quit your job to move to WA just for proof then why don't you quit to go with her to EU?

    Seems odd to me for somebody in love to think that way. But yes I do believe you'll have a very had time for ROC and you have a while before ROC unless you are going for ROC after divorce and only want to move to her just so you have better chances of staying?

    Just offering an opinion here, but I agree with Georgia16. If you are willing to quit your job and move to WA, why not quit your job and move to the EU? As it would appear as if your job isn't important as your first statement.

    That being said, I believe USCIS would care more about you living together than whether or not you had a job.

  2. Maybe I am missing something here (and I will also ignore the elephant in the room) and chime in here.

    As long as the mother has the biological father's permission (or if there is none in the picture), Why is adoption necessary? Aren't there many step-fathers (and mothers) that go through the immigration process?

    I do realize immigration is going to have questions regarding why the wife had another man's child, but I don't see why the OP has to adopt.

  3. Hi Jennifer.

    You can't do it the way you want to. I'm assuming that he's adjusting status from your question...If so, the employment authorization and advanced parole fees are waived if you have a AOS pending. He needs to have a valid status in the US, meaning a pending AOS based on marriage to a USC. Since the fees for advanced parole and employment gets waived, you only have to pay your biometric and form fee. Making your total fees $1070.

    Doesn't she also need to file the I-130? That would be an additional $420

    Plus the Medical (I-693) which would be about $100 - $200 depending on the Civil Surgeon.

  4. Ok, thanks to this guide VJ guide to AOS for those who didn't enter on a K-1, I now know my sister in law needs to submit the following forms.

    1. I-130 - at a cost of $420
    2. G-325a - no cost
    3. I-864 - no cost
    4. I-485 - at a cost of $1070

    a. I-693 - Civil Surgeon costs - as determined by the Civil Surgeon.

    b. I-131 (optional) - no cost
    5. I-765 (optional) - no cost
    6. G-1145 (optional) - no cost

    So, here is my understanding and questions.

    1. Her spouse would also complete and file a G-325a for himself (no cost)?

    2. The minor child also needs a G-325a (no cost)?

    3. The minor child also needs a I- 485 at a cost of $635?

    4. No need for an I-130 for the minor as she will be included in her mom's I-130?

    Do I have this correct?

    On a side note...wow, that is expensive!

    Thanks again for your help.

  5. In case you haven't already found it, here's the VJ guide to AOS for those who didn't enter on a K-1. Yes, the USC spouse needs to complete the I-130 and the I-864.

    For the question in Part Two of the I-485, she should check the first option, "An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)", because as the spouse of a USC a visa number will be immediately available for her, and she will be submitting the I-485 together with her USC spouse's I-130. I wish they'd rewrite the instruction in the parentheses to make it clearer that it applies to concurrent filing!

    Thanks Elf. I had not. That helps even more.

  6. Hi everyone,

    I have a couple of questions for my sister in law.

    She came over on a visitor visa, met a boy, fell in love and they just got married on Wednesday. Now, she (and her daughter) need to do an AOS.

    Preemptively, I will state there was no fraud when she entered the US, she didn't know her husband (USC) and I do know that legally she is able to do an AOS without going back to her home country.

    I have been to the forms portal and noted all the forms they need to complete but my question is surrounding the I-130, I see mention (in the forums) of the I-130, but not on the forms portal, do they need to complete one?

    Secondly, on Form I-485 question 2 (didn't make it very far :rofl: ) does she check box h and simply write married to a USC while on tourist visa?

    Thanks in advance,

  7. Costa Rica has been VERY difficult for us as my wife never got her original green-card so she had to travel using the stamp. Several times we were delayed while they tried to figure out that "valid for one year" meant just that. It was horrible, we were always concerned that she would not be able to leave CR. Last time, they told us we were going to have to go to the US embassy and get a letter from them...fortunately, my wife is nicer than me and talked some sense into them. (I was about to explode :ranting: ).

    We finally have her GC, but now I'm concerned her married name doesn't match her passport :crying:

  8. I had the medical done. Didn't do the xray. The doctor wrote down why I didn't have the xray done and that was it. It wasn't mentioned at the interview or poe or anywhere else for that matter.

    That didn't work for us. In 2012 in Costa Rica we were given an equivalent of an RFE by our interviewing officer for my wife's visa. (And the officer was pregnant and "understood" our position)

    We had 2 options. Deliver the baby in Costa Rica and then get the visa or to get the x rays.

    I too did lots of research and found that it seems pretty harmless, seems like repeated xrays would be dangerous, but a one time shot of the chest area with protection didn't seem to be an issue. In fact, it seems as many women have xrays without knowning they are pregnant with no complications.

    So, we got the xrays, got the visa and now have a happy healthy 2 year boy (born in the US).

    Good luck

  9. So we just got my wife's permanent GC (never received the 2 year one - long story for another time). Anyway, we applied and received the GC with her married name, however her passport has her maiden name. While I am guessing we could go to the Costa Rican embassy in DC to have a new passport issued, that just isn't feasible for us.

    So, that being said. Will we encounter any problems while traveling out of the country? I know from personal experience that Costa Rica doesn't fully understand the immigration process and have been hassled a lot while trying to leave the country (Costa Rica), but I am wondering if anyone has any real world experience with traveling in our situation.

    TIA

  10. So while we patiently wait for the ROC at VSC I decide to start looking at the application for US Citizenship as it is mere 4 months away before my wife is eligible.

    I noticed one of the questions is regarding "do you owe any taxes" as luck would have it, thanks to an incompetent CPA, I do.

    So my question is do I need to get those paid off before she applies (she was joint on the tax return). Or as long as I have a payment arrangement with the IRS is she ok?

    TIA

  11. We had pretty much the same thing happen to us (my wife's shows delivered, but never was) and since the USPS shows the document delivered, USCIS will require the fee be paid to issue a new card. We opted not to. We had her passport stamped and held off until we filed for ROC. We are still in the ROC process (started in Nov) so my wife still doesn't have a green card, but the passport stamp has served us well, she got a Driver's License, SSN, etc, etc. I'm not paying the fee for a new card when it wasn't our mistake.

    Good Luck.

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