grrrrreat

Sorry, I thought I used the Family one because of the marriage.

I entered as a visitor with no Visa to visit a relative for one month. While I was visiting, one thing lead to another and I decided to see where things went with this girl, so I stayed. We're now married. The guy at the border wrote in my information and what I was telling him under my file, including my intended return date (first week of January). My original intent when crossing the border was just a visit, but this is what happened. My goal now is to go to school here in the US (I was about to go to College in Canada before I came down), since I'd probably end up working in the US anyway in my field.

So I have to file an I-130 along with the rest of the forms in this guide? Does anyone know what to fill in in the spots I mentioned in the OP?

The warning at the start of that guide has me worried...

Okay, let's have a little chat between you and me. It sounds like up until now you've been going about your merry way without paying too much attention to U.S. immigration rules. That's understandable, as most people don't want to have to think about that stuff and just enjoy their lives. But you're married now (congratulations!), and you want to make a permanent home for yourself with your wife in the U.S. Welcome!

So it's time to get serious. It's time to read the very helpful guide here: http://www.visajourney.com/content/i130guide2 It's time to download all the forms mentioned there and read their instructions. Then, re-read everything and come back if you have more questions. After you understand everything, go gather up all the required documents and plan to put in a few hours filling out the forms and getting all your evidence ready. You can always come back if you get stuck. Your wife has to be involved in this too--she's gotta fill out the I-130 petition and fill out I-864 to sponsor you financially.

Don't let the warning scare you! If you are married to a U.S. citizen and entered the U.S. lawfully, you most likely will not have any problems. But you have to do it the right way. You have to fill out forms carefully and provide all the evidence that the U.S. government is asking for.

After you've read anything, gotten your questions answered, collected your documents, gotten a medical examination, and carefully filled in ALL the forms, only then will it be time to send your package. Only then are you on your way to becoming a permanent resident of the United States. From that point, it's going to be several months of waiting and anxiety--only to be followed by an interview where a government officer is going to decide whether your marriage is bona fide. Hopefully, if you've been careful and serious about putting the paperwork together, the officer will tell you you're approved! Or you'll get a text or an email or a letter in the mail! And you'll be issued your very own Green Card.

Then, if you haven't been married for two years--you'll get a conditional Green Card and have yet ANOTHER interview two years later to make sure your marriage is still bona fide. After all that expense and effort and time, you'll get a permanent Green Card and will be able to live in the U.S. as long as you want. And three years after you get a Green Card, you can apply to become naturalized as a U.S. citizen!

It's a lot of money, time and work, but people are on this board to help you because they think it's worth it. So just go read the guides and the forms over and over and then come back with any questions you have.

I'm Canadian, and my now wife is American. We drove through the border back in December, and were met with some resistance. We had to go in and talk to someone and it was pretty stressful. It looked like I was bringing a lot of stuff, so it seemed like I wasn't going to return (Computer, consoles, Rock Band, etc), when in reality it was just clothes and video games. I originally came in to stay with a family member I hadn't met in Boston for about a month, and the person driving (my wife) lived just outside of there so it worked out, we had known each other online at the time.

After they were satisfied they let us through. We got married at the beginning of this month, and I'm now looking into AoS. However, some stuff on the form I have no clue what to put. If anyone could help clarify what they're after or what I should put, that'd be a huge help.

Part 1:

Address - Do I put my current or my old Canadian address?

US Social Security - I can't put N/A on the computer, should I print out the form and hand write everything instead?

A# - Same as above

I-94# - Neither of us remember filling out an I-94. We talked to the guy at the border while in the car for a couple minutes, and he directed us to go inside the building. We waited and talked to another guy and after a while he let us through. Never saw an I-94 to my knowledge. What do I put here?

Current USCIS Status - I have no clue what this means/asks for.

Expires on - Same as above

Part 2:

Give your name exactly as it appears on your form I-94 - ?

Nonimmigrant Visa Number / Consulate where Issued - "Canadian Visitor" in both fields?

Date Visa Issued - N/A?

Any clarification is appreciated.

Part 1:

1. Your address where you live now.

2. Yes. Write N/A for everything that's not applicable, including I-94 and A#, which you don't have. (Canadian Citizens don't get I-94s.)

3. USCIS status: write "Canadian visitor". This is asking what kind of visa you have. Canadians don't need a visa, so write this.

4. Write "N/A". You didn't get an I-94 so it can't expire.

Part 2:

1. Just write N/A for everything pertaining to an I-94 or a visa. "Canadian visitor" isn't a visa number or consulate, so no that's not correct for those fields. Put "Canadian visitor" in the status field though.

Make sure you include a copy of your Canadian passport, since you can't send an I-94. Oh, and you're filing I-130, I-864, a medical examination report, I-131, I-765 and several G-325As right? You need to read this: http://www.visajourney.com/content/i130guide2

They stopped you at the border because they were concerned you were intending to stay permanently in the U.S., and it sounds like that's exactly what happened. So be prepared to explain why you changed your mind and decided to stay.

I read all the insructions and still dont see nothing about mailing address.

Im doing i-130

I-485.i-765.i-864.i-693.G-325A.

I just wanna know wher do i put my mailing address if is different than the physical address.

Thanks!

Put the mailing address under "Information about you" and "information about your relative" on the first page. On the second page, in question 18 put the physical address.

That's incorrect. US Code Title 28, Section 1738 establishes that the judicial proceedings of the US Territories are entitled to full faith and credit under the US Constitution just like the States.

http://uscode.regstoday.com/28USC_CHAPTER115.aspx#28USC1738

I think OP was talking about the full faith and credit clause in the Constitution, but I stand corrected about that statute.

That's good that you have taken care of getting these done. I am not sure if you realized you had the option to co-file both the I-130 at the same time with the I-485 and its associated paperwork. That would actually have been your best and fastest option. Now you will need to wait for the NOA2 from the I-130 before you can file for AOS.

You should certainly be working on getting the I-485 prepared now, gathering together all of your proof of your relationship, filling out the forms, making the necessary copies of everything, preparing the Affidavit of Support and the Employment Authorization Document application so that when you receive your NOA 2 you will be able to make a copy of the approval notice, put it in the AOS application package and sent it out virtually by return mail. Once the AOS package has been accepted at USCIS (NOA 1), your husband will again regain legal status in the US until a decision is made on the application.

It looks like she filed the I-130 when she was an LPR only--which means they couldn't have filed I-485. But now she is a U.S. citizen, so they're upgrading the petition and sending I-485 off.

I know but he wants to make sure all is above board and I think he thinks if we have a Lawyer its all okay .. He paid him 700.00 today and I think the lawyer knew too that hey this mans Wife is a smart cookie :-) so we are waiting now to get the I-130 approved that we filed ourselves in April when I was a LPr and i sent the papers to upgrade the petition to let USCIS know that as of June 12th I am a CITIZEN not a LPR when I originally sent the papers I am now A Proud USC .. :-) we can still back out of the lawyer maybe for one reason he will not move forward till we receive the approve I-130 that will be mailed to our home so what do you all think ???

You should go ahead and file I-485 once you case is upgraded to spouse of U.S. citizen. You are eligible to adjust status now, you don't have to wait for the I-130 to be approved.

Thanks for your swift reply. I saw that little link, but assumed it had to be someone certified as a translator. My next question to you is this: will we have to translate the full form (every word not in English) or just the core part that says "not on record?" Thanks for your help. Truly appreciated. They were very vague at the consulate even though I asked where I could get it done.

I don't understand the distinction you're making. You have to translate the document, and I don't know of a difference between "core" and "noncore" parts.

Read his dissent. The government cited lack of resources as a reason for not allowing Arizona to participate in immigration enforcement on their own. Justice Scalia smacked down that argument in his dissent saying that DHS has announced they will be accepting over a million applications for deferred action, which flies in the face of their "lack of resources" argument. After the decision was announced by the Supreme Court, DHS announced they were suspending 287(g) programs in Arizona, and they would be refusing to accept most illegal aliens captured by Arizona law enforcement. This is a direct slap in the face to the Supreme Court. Justice Scalia came right out and said that the administration was refusing to enforce the law, and circumventing Congress by enforcing the law the way they believe it should have been written.

I fully expect to see Arizona sue DHS over this, and I expect the deferred action policy to be included in that lawsuit. The State of Arizona certainly has grounds to claim this policy harms the state.

Justice Scalia's decision is a dissent, not the law of the land. In any case, he wasn't saying that Arizona has the right to sue, just thought he thought what the President did is bad. And the other justices disagreed with him, so why do you think this gives Arizona an opportunity to sue?

Arizona lost yesterday already. The majority of the court said that the federal government has the power to enforce immigration law selectively if they want to. And Arizona can't sue about a federal policy just because they don't like it. There has to be a cause of action and they have to have the legal right to bring a case. Arizona doesn't have either. Arizona has to have a specific injury that the other states don't have--they can't just say they object to illegal immigration generally.

I'm a lawyer and I read the whole case. It sounds like you are interested in these issues but perhaps not aware of the rules about who can sue the government and for what.

grrrrreat,

Thank you for the answers.

20. We are going to file the taxes for last year. Should we still find a joint sponsor (her annual income is approximately $19,500)?

21. Here is my timeline: I graduated in June 2011. My OPT started in mid July 2011. I worked from September 2011 till January 2012 (full-time internship). I wasn't given a full-time position. I asked the same employer to give me some assignment, which would qualify for OPT. He gave it to me (it was in January 2012), but I didn't work on it. In the same month I met my future wife. What can be the potential issues/problems (if any)? Shall I indicate this fact when filing for AOS or just mention "F-1 student"? I will fill in all the forms accurately for sure.

22. We met in January 2012. In June 2012 we decided to marry. At the moment we are actively looking for the apartment to live together (and I believe we will find it within one month). My question is: should I file for AOS right now without waiting till we find the place (later I will supplement the evidence with the lease agreement)? Or should I still wait? It can take us a while till we manage to find the place.

20. Check I-864P for your required income. Did you read the instructions for Form I-864? If her income qualifies, I am not sure why you keep asking about a joint sponsor.

21. You need to put OPT/F-1 when you fill in your status. You were out of status on your OPT and there were unlawfully present, but I don't think any of the forms ask about that and it's not relevant for a spouse of a U.S. citizen.

22. Dude, you cannot adjust status "right now"--you're not even married yet! You can't adjust status based on a boyfriend/girlfriend relationship! And even if you were married, if I were a USCIS officer I would not approve you right now. You've known her for six months and you havent even lived together--do you really think USCIS will believe you're in a bona fide marriage? You have put the cart way before the horse, and you are playing fast and loose with the rules as your OPT situation suggests. So you need to get serious about following the rules and doing things the right way or I do not predict a good outcome for you.

grrrrreat,

Thank you for the answers.

20. We are going to file the taxes for last year. Should we still find a joint sponsor (her annual income is approximately $19,500)?

21. Here is my timeline: I graduated in June 2011. My OPT started in mid July 2011. I worked from September 2011 till January 2012 (full-time internship). I wasn't given a full-time position. I asked the same employer to give me some assignment, which would qualify for OPT. He gave it to me (it was in January 2012), but I didn't work on it. In the same month I met my future wife. What can be the potential issues/problems (if any)? Shall I indicate this fact when filing for AOS or just mention "F-1 student"? I will fill in all the forms accurately for sure.

22. We met in January 2012. In June 2012 we decided to marry. At the moment we are actively looking for the apartment to live together (and I believe we will find it within one month). My question is: should I file for AOS right now without waiting till we find the place (later I will supplement the evidence with the lease agreement)? Or should I still wait? It can take us a while till we manage to find the place.

20. Check I-864P for your required income. Did you read the instructions for Form I-864? If her income qualifies, I am not sure why you keep asking about a joint sponsor.

21. You need to put OPT/F-1 when you fill in your status. You were out of status on your OPT and there were unlawfully present, but I don't think any of the forms ask about that and it's not relevant for a spouse of a U.S. citizen.

22. Dude, you cannot adjust status "right now"--you're not even married yet! You can't adjust status based on a boyfriend/girlfriend relationship! And even if you were married, if I were a USCIS officer I would not approve you right now. You've known her for six months and you havent even lived together--do you really think USCIS will believe you're in a bona fide marriage? You have put the cart way before the horse, and you are playing fast and loose with the rules as your OPT situation suggests. So you need to get serious about following the rules and doing things the right way or I do not predict a good outcome for you.

grrrrreat,

Thank you for the answers.

20. We are going to file the taxes for last year. Should we still find a joint sponsor (her annual income is approximately $19,500)?

21. Here is my timeline: I graduated in June 2011. My OPT started in mid July 2011. I worked from September 2011 till January 2012 (full-time internship). I wasn't given a full-time position. I asked the same employer to give me some assignment, which would qualify for OPT. He gave it to me (it was in January 2012), but I didn't work on it. In the same month I met my future wife. What can be the potential issues/problems (if any)? Shall I indicate this fact when filing for AOS or just mention "F-1 student"? I will fill in all the forms accurately for sure.

22. We met in January 2012. In June 2012 we decided to marry. At the moment we are actively looking for the apartment to live together (and I believe we will find it within one month). My question is: should I file for AOS right now without waiting till we find the place (later I will supplement the evidence with the lease agreement)? Or should I still wait? It can take us a while till we manage to find the place.

20. Check I-864P for your required income. Did you read the instructions for Form I-864? If her income qualifies, I am not sure why you keep asking about a joint sponsor.

21. You need to put OPT/F-1 when you fill in your status. You were out of status on your OPT and there were unlawfully present, but I don't think any of the forms ask about that and it's not relevant for a spouse of a U.S. citizen.

22. Dude, you cannot adjust status "right now"--you're not even married yet! You can't adjust status based on a boyfriend/girlfriend relationship! And even if you were married, if I were a USCIS officer I would not approve you right now. You've known her for six months and you havent even lived together--do you really think USCIS will believe you're in a bona fide marriage? You have put the cart way before the horse, and you are playing fast and loose with the rules as your OPT situation suggests. So you need to get serious about following the rules and doing things the right way or I do not predict a good outcome for you.

Sombody?

You haven't even told us what form you're filling out. Did you read not just the form but the instructions to the form too, and the VJ guides other people sent for you?

I got married in Germany on a student visa...it's not the UK, but it's the same idea. Absolutely no problems. they just need evidence that I'm in the country legally. Also, I had to travel to a consulate to get a sworn affidavit that I am 1) not in the military 2) free to marry and 3) free from STDs. Seriously. This might be unique to Germany though

Good luck & congrats!

I think you're mistaken. UK marriage laws are different than Germany's, and UK is known for imposing more requirements on getting married than other countries. But yes, it shouldn't be a problem as long as OP figures out what the requirements are.

Understood. Thanks. As SaharaSunset noted, a lot of the news outlets have been reporting it as an executive order.

If this ever makes it in front of the Supreme Court then I guess we know how Justice Scalia is going to vote:

http://thehill.com/blogs/blog-briefing-room/news/234571-justice-scalia-blasts-obamas-deportation-directive

The decision to grant deferred action isn't reviewable in any court because it's committed to the discretion of the executive branch by Congress. And there isn't anyone who is injured by the policy, which means no one has the right to challenge it in court.

They're not eligible yet. USCIS needs at least 60 days to establish procedures for accepting those deferred action applications.

I realize this, but eventually they will start submitting applications for EADS and people are concerned it will slow down their own applications.

As Grrrrreat stated, they may well be interpreting "immediately preceding" (Did they really write "proceeding"?) in such a way that filing 30 days later would be a problem or they may just want verification you spent the 7 days there. To my understanding, the full faith and credit requires the States and territories to honor decisions, in the same way married is married an divorced is divorced. USCIS is NOT a "State". It's their job to determine whether your circumstances entitle you to have the petition approved, so your spouse can apply for an immigration benefit based on that petition approval.

Quickie divorces in Guam, particularly if obtained just prior to remarriage abroad are huge red fraud indicators. This kind of fraud scenario includes the US Citizen and current spouse obtaining a divorce that would NOT be published in their local papers, so that one can marry a foreigner, get them a green card and then the original couple resumes their marriage.

Again, USCIS is doing their job. Give them what they want and wait until they either approve your petition or don't. If they don't, you can hire an attorney and appeal. FYI, there's lots of material you can Google regarding "immigration" not accepting Guam divorces. How much of it would apply to your case is hard to say.

Full faith and credit doesn't apply to territories because they aren't sovereign states, only between states of the U.S. I agree on everything else though.

That is really strange. If he went to jail because of hitting her.

The law says that he will be deported to the country of birth (or country of origin).

Some one at court house dropped the ball. "domestic violence" case against GC holder is reason to start removal process automatically.

She can not remove the proceedings, it the state they live in case take the domestic case with/without her being at the court.

Check the status of his case... I think he is also in trouble because of domestic case.

This isn't true.

Actually, this really could be a problem. Moral character is a factor for naturalization, and DV arrests are taken very seriously even if they don't result in a conviction. Your sister really needs to talk to an immigration lawyer. Because he's not yet naturalized, they have a lot to work out here in the process of seeking legal status. I personally recommend these lawyers, both of whom offer free consultations, are wonderful people, and definitely know their stuff. Both are experienced with unlawful presence, adjustment of status in precarious situations, and VAWA.

Laura Fernandez- (she's in Milwaukee)

Lizz Cannon - (Boston)

I've personally worked with and highly respect both of them, and because immigration law is federal, it doesn't matter where your sister is, she can talk to them on the phone, email, whatever.

Hello, maybe you're new here. We don't usually plug individual lawyers on this board. If we allowed that, everyone would do that and it wouldn't be a do-it-yourself forum anymore, just advertising for lawyers. It's fine to advise someone to seek general attorney's advice if they don't have a DIY problem though.

However, your information about the arrests is a little alarmist. Most crimes without convictions don't result in a moral character problem for naturalization.

HI all

i just found two months after our white wedding my hubby has been cheating on me. am so devastated and don't know what to do. he's excuse is that he is so lonely and needed someone to be with. Hell am lonely too but i have SELF CONTROL. Our priority date is September 10 2010 and am tired of waiting in a different country while another woman is trying to steal my man.

This isn't related to your immigration problem, but you need to wake up if you're blaming this on another woman. There's really only one person at fault here, and it's him. You need to have a long think about your future with him and your future in this country before you undertake any more life decisions or changes, like moving to the U.S. Good luck!

Hello all,

This question is directed for those of you who have submitted the I-130 from Chile. I received a request for evidence for my I-130 petition stating the following, "The petitioner merely submitted the English translation marriage certificate without the foreign language document. Therefore, he/she must submit a legible copy of the requested marriage certificate in its original language." I obtained my marriage certificate (small green paper for those of you who have seen it) from the civil registry. I then had it translated at the ministry of external relations (on the street Augustinas). Apparently this wasn't the correct way to submit the marriage certificate. Where can I obtain the proper marriage certificate and translation?

thanks a lot,

Jon

You need to submit the original document AND the translation. You don't need to have the translation done at any specific agency; you can do it yourself or have anyone who is fluent in both languages do it. The person translating just needs to type the following and sign on the translated copy:

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________

Date Typed Name

Address

I've searched the forums and I not finding better information about others with a similar wait time for Great Britain and Northern Ireland. We also have a letter dated Oct 2009 giving the daughter of the Green Card holder (my wife) a F2A status. We filed and received these notices before her daughter was 21 and was wondering if we are looking at another 3-4 years or what if anything we've done wrong. I've looked up he case number and its valid, we are successively just waiting for visa number to be issued for the process to start up again. Daughter is now 26 years old.

Are you a U.S. citizen or permanent resident (Green Card)? Is your wife still a permanent resident? Is she your stepdaughter? What age was she when you married her mom? Is the daughter unmarried? Is your wife eligible to become naturalized yet? What's your daughter's priority date? It should be shown on any notice she got from USCIS.

When you're daughter turned 21, she wasn't eligible for the F2A class anymore because it is only for minor children of permanent residents. She was reassigned to the F2B class. Visas are available for F2B aliens with priority dates of May 2004, which means a visa is available now only if her priority date is before that. Otherwise, she has to wait.

If her mom becomes a naturalized U.S. citizen, her daughter could get bumped up to the F1 class. This class is several months ahead of F2B, so it would be a little faster but not a lot.

This is the visa bulletin. It explains what priority dates are now being given visas: http://www.travel.state.gov/visa/bulletin/bulletin_5733.html

I assume the answer is no, but no harm in asking.

In my I-130 packet, as required, I included a copy of the divorce decree dissolving my previous marriage. DHS responded with an RFE, demanding that I prove I fulfilled the minimum time of residence required in the jurisdiction where my divorce was granted. In my case, this was the US Territory of Guam, which requires a minimum stay of 7 days from at least one party to the divorce.

Now, I have copies of my flight itinerary which shows that I arrived in Guam and departed precisely 7 days later as well as a letter from my hotel, confirming that I stayed there for six nights. Furthermore, I have an original, officially stamped interlocutory judgement of divorce from the Superior Court of Guam, in which it is stated: "The Court finds that it has acquired jurisdiction over this matter and finds that the defendant has been a resident of Guam for at least 7 days."

Given that the court has ruled that I fulfilled all the statutory requirements for filing a divorce petition, does DHS have any authority to declare the court's decision invalid? If not, what recourse would I have were DHS to exceed its legal authority?

You're misunderstanding USCIS's role in this. USCIS isn't obligated to accept the rulings of any foreign court, although the U.S. government generally does as a matter of friendship and comity toward other nations. But USCIS is specifically instructed by federal law to ensure that marriages are non-bigamous and valid. Bigamous marriages are specifically declared invalid by federal law, which is why they're trying to make sure that you're current marriage is valid.

USCIS can't un-divorce you, but they can't make sure that your divorce was properly granted and not procured by fraud.

I did everything by the book, as directed by my attorney. I booked a departing flight that left Guam precisely 7 days and 2 hours after my arriving flight. My flight itinerary, together with a letter from my hotel indicating that I had stayed there for 6 nights, was submitted to the court as evidence that I had fulfilled the 7-day stay requirement. In its judgement, the court stated that I had in fact met the minimum stay requirement and could therefore be granted a divorce.

The reason I am concerned is that the letter from DHS seems to imply that the complaint for divorce had to be filed on the exact day I departed Guam. However, the complaint for divorce was filed 30 days after I left (with the judgement being issued the same day). Clearly, the competent court in this matter did not interpret Guam law as requiring the end of my stay to coincide with the filing of the complaint. DHS however, seems to be applying its own interpretation.

I assume DHS agents can't simply declare divorce decrees invalid on a whim. Do you have any idea under what conditions they are allowed to do so? Could my Senator do anything to pre-empt them from doing this?

Unless you tell us what the RFE said specifically, we can't comment on whether USCIS is actually adopting the interpretation that you propose. If I were interpreting Guam law as you stated it, I would say that you had to file the complaint divorce after staying in Guam for 7 days and while you were still present in Guam, not necessarily on the "exact day" you departed Guam. However, I understand that the Guam court apparently had a different view and accepted your proof of stay.

I am guessing that something in your package indicated that you were not present in Guam when the divorce was applied for and obtained, which alerted them to the possibility that you did not meet the stay requirement. If I were you, I would send in the same proof that you submitted to the Guam court, and write an explanation of why you met the 7 day stay requirement under Guam law. It's possible that you're blowing it out of proportion by ascribing a Guam law interpretation to USCIS that they don't necessarily have. And even if they did you can try to explain why they're wrong.

Being divorced or not from a first spouse doesn't affect your ability to marry a second. My ex married his second wife wife long before we divorced ( 10 years) .

Wut??!?? You should realize that in the U.S., bigamy is illegal and bigamous marriages are void, even if they occurred overseas. Immigration law specifically declares marriages invalid if one of the parties is already married. That is why USCIS requires specific proof that someone is not already married to another person.

You won't be getting any kind of a temporary work visa. What you can file for with the I-765 is called an EAD - Employment Authorization Document - which is a temporary work permit that allows you to be employed while AOS is pending. Usually that comes in 90 days from USCIS receiving your application, if there are no RFEs along the way, but I have seen a few posts recently about EADs and APs taking longer than 90 days.. But, in general, it takes about 3 months.

EADs are taking around 4-5 months now. People are extremely anxious that the new DREAMers directive issued by USCIS will slow that down further, but I don't think people should jump to conclusions (DREAMers are now eligible to apply for an EAD).

By becoming LPR ,you mean getting green card right??

Yes, exactly. LPR means lawful permanent resident. That's the legal, correct name for it. "Green Card" is not an official name.