REDQUEEN

Oh! mine was Spousal Visa. I'm sorry if i misunderstood his case. I'm just saying how we filled up the I-130 section C.

I'm so sorry, made a mistake on posting and can't delete them. PLS IGNORE MY INPUTS!

The reason why you must file separate petitions for your wife and stepson is because the CR-2 visa (the visa your stepson would apply for) is not a derivative visa. In order for him to be able to apply for it, it needs to be on the basis of an approved standalone I-130 petition filed on his behalf.

What visa type did you come here on? As I previously stated, the CR-2 visa is not a derivative visa type; your post implies that it is which would be inaccurate and unhelpful to the OP.

Oh! mine was Spousal Visa. I'm sorry if i misunderstood his case. I'm just saying how we filled up the I-130 section C.

Dear visa family I am back again. The good news for me is I passed the interview of citizenship. I will get my certificate on nov 20th and I will be flying on Dec 2nd. Is that possible to get my passport between the time of 20th and Dec 2nd.

The Naturalization certificate will be given on the Oathtaking day, as soon as you get that you can go ahead and apply for passport (submitted my application for PP at LA Post office) for me it takes 2 weeks when I received my PP by mail but if you do express will be much faster.

He just turned 13, so we're ok there. I kinda wish they give details (extream details) on how to answer them apps for people like me with A.D.H.D. (Laughing).

My husband and I were married in my country and my daughter was 15 years old that time. He put my daughter's name on that Section C and he didnt file a separate petition for her. We went to USA together since she was minor that time.

I'm starting the process of filling out the I-130. There's a few questions that seems strait forwards, but not to me (lol)

On line 17 section C

What exactly they want to know? My wife says just put me, our daughter and her son (and there relationship to each other), but I think there asking to put her, our daughter and my stepson and there relationship between me and them. Which is right? Her or me?

When I type in our names, should I start with our last names first through out the app? Or ? Also, if I type our last names first, should I put a comma to separate our last names from the rest? (Example: last name> xxxxxxxx, first name> xxxx middle name> xxxx).

When I put her LONG DANG phone number on line on line 19, I put it as it is on my phone with the + and - and ( ). It does not show the whole numer as it would be seen as a whole unless you scroll side ways to see it whole. Is this ok? I tried two deferent ways and its always the same.

More questions as they come up.

Chad

Line 17 Section C

Thats for the beneficiary of the petition. If the I-130 petition is for wife then the names should be her children. Put the Name and Last name, then relationship if SON or DAUGHTER their birthdays and Country of birth.

I have no idea how long is the phone number but if it will not fit you can just hand write it using black ink.

Regards!

Deferred Action is not a Green Card.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD

I did asked him about this he said he applied for this and until now no result received (not approved). Wondering if anybody get approved in this Obama program. I told him to call and follow up. I dunno if this can help him to get green card but sad to say he doesn't really want to deal with attorney coz they can't afford the fees etc.

Anyways, if nobody had experienced this kind of immigration process that's ok. Maybe if he really needs the green card in the end he will decide to get a lawyer.

Thanks everyone I really appreciate all the inputs.

God bless!

If he entered without inspection he won't be able to adjust status in the USA even getting married to a uS Citizen, he must leave USA to attend interview in his home Country and file for waiver to overcome his unlawful presence ok.

Redqueen regarding your question he still doesn't qualify to adjust status based in his marriage if he has deferred action approved. Deferred action granted means that the individual won't be placed in removal proceedings, that's all!

Thanks for the info.

If he EWI then he cannot file for adjustment of status to obtain a green card since he has no status to adjust from.

Once married, his wife could file an I-130 on his behalf, however he would need to return to Mexico to complete its processing and interview there, which would trigger an automatic ten year bar from the United States. His immigrant visa will be denied, due to his long period of unauthorised presence, and he would be unable to re-enter the US.

After refusal he could attempt to overcome his inadmissibility by filing an I-601 waiver, however (1) this has to be done from outside the United States, and (2) he would need to show that it would cause hardship to his USC relative (i.e. his wife) for him not to be admitted to the US. This can sometimes be a high bar to reach.

He should absolutely not do this before speaking to an AILA-certified immigration attorney first to explore any possible relief he may have, since once he has left it is possible he may not be able to return.

As posts above indicate, he may be eligible for deferred action which might be something worth considering as an alternative.

I read about this one and its kinda scarry for him to go back to his roots where he knows nobody and never been in Mexico. For now we are trying to figure out some way that he doesnt need to go back to a place where he is totally a stranger. He was only under five years old during that time.

Deferred Action is not a Green Card.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD

Yes, that will not give him lawful status, but if he get approved in Deferred Action this means he can legally work now. As legal worker in the USA he can marry a citizens that would provide him the resident status when they file for petition after marriage? Like some other cases where people came on a tourist visa or workers visa and overstayed, after few years they married a citizen and they were granted permanent residency. This will also apply to him, correct?

He needs to ask his parents how they came to the US, they would know. I don't know if passports were required back then so they very well could of came as visitors and went through the boarder. Now if they snuck across the border that is another mess.

You got that right.

He would need an immigration lawyer and a TRUCK LOAD of evidence that he has a genuine relationship with his GF and that he's not taking advantage of her just so he can get a Green Card.

That's what Im telling him to get a Lawyer, i believe this is difficult case but he said too expensive and they can't afford it. They were sweethearts for 2 years and now planning the wedding, the reason why now they are asking about the filing for green card.

I'm just taking chance that maybe there are people here who has the same case and I can get some pointers. Regards!

Based on this I assume he arrived illegally in the US. He is an illegal, undocumented alien since he was 5 years old.

Am I right?

Correct!

There are many many questions that would need to be answered before I could comment.

Better if he joins and asks.

Secondhand information can be dangerous.

Honestly, he doesn't know I'm trying to do research for him. He thought I could help him because I was able to process my own paper works up to naturalization, also for my daughter, and 2 of my friends. But these people i helped came here legally via fiancee and tourist visa. This is the first time I encounter this kind of case and he was desperate. He was actually my husband's friend first and was introduced to me. My husband keeps telling me to help him. So I'm trying maybe I can get some info from the people who has been through this process. I would need to picture the whole filing process for this special case. Thank you very much.

Did he come into the US through an actual port of entry or did he cross the border without inspection? If he came through a port of entry, what type of visa did he have?

He was 5 yrs old when his parents got here, they came illegally with him.

Did he come into the US through an actual port of entry or did he cross the border without inspection? If he came through a port of entry, what type of visa did he have?

He's undocumented. No passport no nothing. That's the problem that's why he doesn't know if he can get green card through marriage.

My friend was born in Mexico(undocumented) came to the USA when he's 5 years old, he basically grew up here and doesn't speak Spanish. Now, he is 24 planning to marry his long time girl friend. Since he has no document to show his legal presence in the USA he doesn't know how to deal with green card processing. He knows nobody from his birth land not even any relatives. They can't afford to hire a lawyer so i am just taking chance that I can get some information to help him with the process.

What is the procedure in this kind of case?

Thanks in advance.