photoguy

NVC will not automatically expedite, request will have to be made.

Are you combining income with your Dad to meet the requirement, if so, then you fill out an I-864 and he fills out an I-864A.

Yes I am combining incomes.

Anyone else care to enlighten me?

My case was requested to be expedited at the USCIS twice. Once by myself and the second time was through an attorney. My request was denied and that was a couple of months ago. However, my attorney filed the request just last week, so I don't know if they approved the case so quickly because they approved my attorney's expedite request? And if so, will the NVC also expedite automatically? Or do I need to request another separate expedite with NVC? Like I said, my joint sponsor is my dad and he's a household member. So you're saying we both need to fill out an I-864, plus he fills out an I-864A?

Also, I just sent an email to the US embassy in Armenia explaining my situation and asking if I can do the affidavit of support at the embassy while I'm in Armenia.

Also, I'll be using a joint sponsor who is a household member. Therefore, how many I-864 and I-864As do i need to fill out? Thanks.

Yesterday, I checked my case status online with USCIS and my I130 petition has been approved! For those of you who followed my previous post, you know that my wife is pregnant. She will be due at the end of September. I don't want to be without my wife at this crucial time and I want to fly to Armenia again in a month or so. I would like to know if I can file the affidavit of support and the required financial documents (tax papers) at the US embassy there. I don't want to be here in the states and to just wait for the NVC process to complete. Also, when will I receive the NOA-2? Thank you!

Hi Boiler,

Thanks for your reply. She has a family far away in another city. It is cold there, services are a few, and it's a 1 bedroom small apartment. We rented an apartment in the capital city of Yerevan where she stays now.

Hello,

Allow me to explain our situation. We got married in November of last year in Armenia. Followed the instructions and filed an I130 at the Chicago lockbox. USCIS received it on December 10, 2014 of last year. I was in Armenia for a little over three months and I filed from there, and put down my Armenia address. Got the form I797 in late December stating that my case is being processed at the Nebraska service center.

I am now back in the states, and my wife has been pregnant for 10 weeks now. She's all by herself and this separation is very hard on us, especially her. Everytime we talk (and we talk everyday), she cries. She can't sleep well and she throws up often. She's very sensitive and this pregnancy situation doubles her sensitivity. A week ago I called USCIS and asked them to expedite it due to the fact that she's pregnant and has no one to look after her. I just got a letter from them today stating that my request for expedite has been denied. I don't know what else I can do. I would love to go back and stay with her until the visa is approved, but I just got a job and I'm barely making an income. Besides, I am paying for her rent and living expenses. Should I write to my state representative and explain our situation? Will he/she be of any help? Can anyone here give me any advice? Thank you.

Hi Fretfrek,

I'm sorry that this happened and caused a lot of hardship for your wife and your family. I do hope that with the help of a good criminal lawyer, that you will get this sorted out in court too.

As for the I-751, the instructions say:

"If you have ever been arrested or detained by any law enforcement officer for any reason, submit (any and/or all of these, as pertains to your situiation):

1) An original official statement by the arresting agency or applicable court order confirming that no charges ere filed.

2) An original or court-certified copy of the complete arrest record and/or disposition for each incident (dismissal order, conviction record or acquittal order)

3)An original or court-certified copy of your sentencing record for each incident, and evidence that you have completed your sentence, specifically: a)An original or certified copy of your probation or parole record or b)Evidence that you completed an alternative sentencing program, or rehabilitative program set aside, sealed, expiurged or otherwise removed from your record

4)An original or court-certified copy of the court order vacating, setting aside, sealing, expurging or otherwise removing the arrest or conviction

5)An original statement from the court that no record exists of your arrest or conviction."

Either way, for immigration purposes at the I-751 stage and at the N-400/Citizenship stage, you have to submit the above paperwork for this court related matter, and to tell the truth about it to immigration officials when asked on immigration forms and/or in-person interviews.

Hope this helps. Good luck on your court situation and in the rest of your immigration journey.

Ant

P.S. If you need information on a good immigration lawyer, feel free to PM me, and I'll give you more specific info as to the helpful immigration lawyer that I used for my immigration situation before at the AOS stage.

Hi Ant,

Thanks for your sympathy and support. It would be incomprehensible for me as well as my wife to have the government deport her after waiting for over a year and a half for her to come to the US, spending a load of money and navigating through the maze of inept US immigration bureaucracy.

It seems that the criminal laws in the state of Texas are backwards. Here, you're guilty before you're proven innocent!

This website: http://blog.austindefense.com/tags/texas-d...d-adjudication/ explains what deferred adjudication is as far as the law goes in my state, but I'm not sure how this affects immigration. This might be the best course of action for us according to our criminal attorney.

Here's an excerpt from the above website explaining the process:

Deferred adjudication is a type of actual probation, for a Class B misdemeanor or higher charge, where the judge says (in legalese), “Based on your plea of No Contest or Guilty, I could find you guilty, but I’m not going to. I’m going to place you on probation, and if you jump through the hoops of probation, at the end of the case you will never be found guilty of the charge.”

To defer – to put off, or postpone. To adjudicate – in the criminal context it means to find you guilty. So when the judge places a defendant on deferred adjudication, he is postponing finding the person guilty, and will never find them guilty, if they successfully complete the terms of probation.

In Texas, that means a real, formal probation with a monthly visit to a probation officer, minimum community service hours, urinalysis for drugs and alcohol, fines, court costs and $62 per month probation fees.

Again, the major distinction here is that this is only for Class B and Class A misdemeanors, and felony charges in Texas. It’s not for Class C, that is, traffic ticket level offenses.

Deferred adjudications are not expungeable, but most are eligible for Motions of Non-Disclosure.

Thanks for your reply. What's "moral turpitude"? My wife was arrested in May of this year on charges of "employee theft $50-$500" while working at a major discount retailer. A dubious charge really because she wasn't stealing per say. Long story which I don't want to go into now since it has caused us great deal of emotional, mental and material hardship.Anyway, we haven't gone to court yet and our attorney has a court day scheduled for October 17. He informs us that the plea of Deferred Adjudication might be the last resort, and he wants me to talk to an immigration attorney to see if a plea of Deferred Adjudication is going to keep my wife away from becoming a US citizen. I don't know where else I can get advice from. Please help!

A crime of moral turpitude is one that involves morality. For example, stealing (theft) involves morality. It is "morally wrong" to steal - in addition to being illegal. Whereas, getting a DUI is just illegal - it's not a matter of morality in the general sense. So yeah, it seems like there could be a problem - esp. stealing from an employer.

As for the deferred adjudication...I don't think it changes the facts any. For example, the instructions state:

For example, if you have been arrested or convicted of a crime, you must send a certified copy of the arrest report, court disposition, sentencing, and any other relevant documents, including any countervailing evidence concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider.

So, merely being arrested - even if you are never charged or convicted - is enough for you to have to disclose complete details to USCIS concerning what happened.

On the application itself, note the following:

For the purposes of this application, you must answer ''Yes'' to the following questions, if applicable, even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer or attorney, told you that you no longer have a record.

D. Good Moral Character.

15. Have you ever committed a crime or offense for which you were not arrested?

16. Have you ever been arrested, cited or detained by any law enforcement officer

(including USCIS or former INS and military officers) for any reason?

17. Have you ever been charged with committing any crime or offense?

18. Have you ever been convicted of a crime or offense?

19. Have you ever been placed in an alternative sentencing or a rehabilitative program (for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)?

20. Have you ever received a suspended sentence, been placed on probation or been paroled?

21. Have you ever been in jail or prison?

If you answered "Yes" to any of Questions 15 through 21, complete the following table. If you need more space, use a separate sheet (s) of paper to give the same information.

So, it seems to me she needs to answer "yes" to questions 15, 16, 17 for sure. Depending on the outcome of the case, she may have to answer "yes" to questions 18, 19, 20 or 21. On that note, if she as ever seen the inside of a jail cell, for example when she was first caught and waiting for you or the lawyer before being bailed out, the answer is "yes".

Question 19 specifically asks if she has ever placed in a deferred adjudication program.

I dout that this crime will keep her from becoming a citizen. However, if you guys in any way try to conceal this fact, that could cause you BIG problems.

Thanks again. But I don't see the question 15 being relevant in my wife's case. She was arrested and I had post a bail to get her out.

This website: http://blog.austindefense.com/tags/texas-d...d-adjudication/ explains what deferred adjudication is as far as the law goes in my state, but I'm not sure how this affects immigration.

Here's an excerpt from the above website explaining the process:

Deferred adjudication is a type of actual probation, for a Class B misdemeanor or higher charge, where the judge says (in legalese), “Based on your plea of No Contest or Guilty, I could find you guilty, but I’m not going to. I’m going to place you on probation, and if you jump through the hoops of probation, at the end of the case you will never be found guilty of the charge.”

To defer – to put off, or postpone. To adjudicate – in the criminal context it means to find you guilty. So when the judge places a defendant on deferred adjudication, he is postponing finding the person guilty, and will never find them guilty, if they successfully complete the terms of probation.

In Texas, that means a real, formal probation with a monthly visit to a probation officer, minimum community service hours, urinalysis for drugs and alcohol, fines, court costs and $62 per month probation fees.

Again, the major distinction here is that this is only for Class B and Class A misdemeanors, and felony charges in Texas. It’s not for Class C, that is, traffic ticket level offenses.

Deferred adjudications are not expungeable, but most are eligible for Motions of Non-Disclosure.

As a background note, my wife was arrested in May of this year on charges of "employee theft $50-$500" while working at a major discount retailer. A dubious charge really because she wasn't stealing per say. Long story which I don't want to go into now since it has caused us great deal of emotional, mental and material hardship.

Anyway, we haven't gone to court yet and our attorney has a court day scheduled for October 17. He informs us that the plea of Deferred Adjudication might be the last resort, and he wants me to talk to an immigration attorney to see if a plea of Deferred Adjudication is going to keep my wife away from becoming a US citizen.

I don't know where else I can get advice from. Please help!

Is entering a plea of deferred adjudication with a class b misdemeanor a disqualifying factor for renewing my wife's green card and applying for US citizenship? Does anyone know, or can refer me to a good immigration attorney who can help me with this?

It's not a problem unless you hide it from USCIS with respect to the questions about committing crimes (whether or not you were caught), being arrested, being charged with crimes (even if charges are dropped), etc.

If the crime was something involving moral turpitude, it could be a problem - but all you can do is be honest about it. Lying on the forms is a lot worse than telling the truth on the forms, even if the truth is unpleasant.

I don't think you need a lawyer - a lawyer can't change the facts.

Be honest when filling out the forms. You need to do that anyway. If they find you lied, even years after the fact, they can mess you up real bad.

Thanks for your reply. What's "moral turpitude"? My wife was arrested in May of this year on charges of "employee theft $50-$500" while working at a major discount retailer. A dubious charge really because she wasn't stealing per say. Long story which I don't want to go into now since it has caused us great deal of emotional, mental and material hardship.

Anyway, we haven't gone to court yet and our attorney has a court day scheduled for October 17. He informs us that the plea of Deferred Adjudication might be the last resort, and he wants me to talk to an immigration attorney to see if a plea of Deferred Adjudication is going to keep my wife away from becoming a US citizen. I don't know where else I can get advice from. Please help!

Is entering a plea of deferred adjudication with a class b misdemeanor a disqualifying factor for renewing my wife's green card and applying for US citizenship? Does anyone know, or can refer me to a good immigration attorney who can help me with this?

Is entering a plea of deferred adjudication with a class b misdemeanor a disqualifying factor for renewing my wife's green card and applying for US citizenship? Does anyone know, or can refer me to a good immigration attorney who can help me with this?

Thanks for all your replies!

To clarify Kezzie's earlier comment, all I have to do is just write my last name on the I-485 instead of her maiden name and this will do the trick? Even thought the I-485 doesn't state that this is OK?

My wife's here on fiance visa and we just got married last week in Vegas. They have her maiden name listed on the Marriage Certificate. Is this normal? How would I go about changing her maiden name to my last name?

Before we got married, we went to the social security office and got her an SSN. Now, I am planning on filing for AOS this week and I have no clue as to how and when I can make this name change.

Any advise would be helpful.

Thanks,

Armen B)

The legal age to get married in her country is 17, and we had a traditional wedding party there. However, I didn't bother to get married there because it's a daunting beaurocratic process and would take time which I could not afford.

I was thinking, would my wedding photos help? I've got a ton of 'em!

And will a physicians certificate veryfing pregnancy work without the parental consent?

Hi,

My fiance arrived on 1/26/2006 on I-129F and she's only 17 and a half years old. When we went to the county registrars office here in Los Angeles to apply for a marriage license and get married. Now, they're giving us a hard time by asking for a court permission to get married.

They handed us a package with requirements that we have to satisfy before getting an appointment with the court. Some of these includes asking for a signed and notarized affidavit from each of her parents giving her the permission to marry as well as asking them to be present at the court.

Obviously, it's imossible for their parents to be present since they don't have any relatives here, and even if they did, it would take them months to get here!!! I told this to the lady at the registrars office, but they don't have a clue what I'm talking about!!! I called the court and to see if the would waive the requirements for her parents to be present due to the above mentioned reason and someone there said yes it's OK.

Also, I sent the blank affidavits to her parents to have them complete and notarized, but their notary will not notarize these because they're in English. Will we be able to gain court permission without having these forms?

Her parents have already written and signed a statement saying that they do give their permission for her to marry me, and it's translated in English. Will this be sufficient?

Why was her fiance visa granted by the US embassy if they knew it might be impossible for her to get married here? What is this bunch of bullshit? What does it take for two people from different corners of the world to be happy in this "civilized society" of ours?

Has anyone had to or is going through this? If so, please give me your input.

Thanks a mil!