maxxnys

Thanks for the replies.

Hi all,

I have a friend that has been in the country since she was 5 years old. Neither of her parents are US citizens and she's been on her own since 16 years old. Is there a DACA path to her becoming a permanent resident?

Also with President Elect Biden taking office soon will there be removal or addition of executive orders that will help her on her path?

She does not have a social security number, never had one. She does contribute to society, attended grade school. Lives in the NYC area.

Any advice/help much appreciated.

Any suggestions as to the easiest route?

Any visa specialists in India that can help?

thanks.

I have emailed him the invite letter, copies of my passport, my wife's green card and passport.

He's going to Kiev, Ukraine for the visa interview.

Need to physically mail the letter or copies of everything OK?

Happens. Check my timeline.

Sure does.

Had interview today - approved. Check my timeline also.

Thanks all.

Approved already... See signature and timeline. No problems at all.

We filed I-485, I-130, I-765 all on Nov 24.

12/1/14 - NOA1

12/23/14 - Biometrics

01/06/15- Notice for I-485 interview to be held on 02/10/15 via email. Letter on the way.

The biometrics seems to be in line with other time lines but the interview seems very early compared to some other time lines I have seen.

Is this normal or am I looking at inaccurate information?

I have not received the actual I-797 yet but we received an email stating they are in the mail.

I am wondering with these things how (is) she legally allowed to stay here.

We did not file the I-131 as I believe that is only if she plans to leave the country during this process - and also we can file that later if we change our mind.

Input appreciated.

Thanks Ontarkie.

You have done an excellent job with the requirements based on my research. I just filed for my wife and got notice from FedEx that our I-130, I-485, and I-765 were delivered. Now waiting on the NOA1.

Reading your list I notice I did not put any photographs - which I'm not too worried about. If they want to see us physically together they can send an RFE and I will send them photos.

I believe you have plenty of evidence and everything required. My comments would be you don't need to send them that many photos. I think a few per year you have been together would do just fine.

One important piece you did not list is the actual boarding passes for your itnierary. While I doubt they will not consider your submitted itinerary's I have read elsewhere that the only real evidence considered for travel is a boarding pass. I'm not sure how true that is however if you did save the boarding passes you should add a copy.

Another thing that I read here in the forum guides is a lot of certifying of copies. Instructions directly from USCIS clearly go out of the way to state there is no need for certified copies unless specifically requested. I sent them regular photocopies of everything except the actual forms that needed to be signed by myself.

Good job, good luck.

- maxx

Most big employers (50+ people) - cover everything including pre-existing conditions. Read your health coverage brochure - should define all terms in the first couple of pages.

Actually that's the law:

https://www.healthcare.gov/health-care-law-protections/pre-existing-conditions/

If your new employer has health insurance available you should sign up for the best options that fit your family's needs. They cannot and will not deny you coverage.

You will most likely be officially covered the first day of the first month after you begin employment. For instance if you start today, November 22nd, your start date of coverage will be December 1st. I am assuming you will meet with your HR manager and have the option to sign up that day.

When you do sign up at your new employer remember that coverage time frame and ask your employer. I say this because most employers will have multiple options for health care insurance and to be quite honest it is very confusing even for the experts to decide which is best. So take your time and select the appropriate plan for your needs but be sure to decide and sign up in time to be covered at the next "interval."

If for some reason your employer does not offer a plan that suits your needs that is exactly what "Obama Care" is all about. Same website as above but the homepage: https://www.healthcare.gov/

Good luck.

- Maxx

Edited to fix todays date. LOL

I had posted before here. We will have everything ready to mail this Saturday and we are willing to pay extra fees to get it there on Monday to the Chicago Lock box.

I'm thinking the best way is express mail overnite via USPS to their PO box. Please suggest or confirm this is the best way.

Also how long to get the NOA1? I see on other's timeline this takes a few days. If we overnight it does that help?

I plan on sending the e-notification form G-1145. Does that count as an NOA1?

Hi,

I see on these forums people filling out information about and worried about criminal past arrests and the like. My wife is here in USA and we're now filling out the I-130 and I-485 paperwork. I did not notice anywhere that is asks about MY criminal history, or hers. (She has none, I do have some.) Did I overlook a spot?

Also will she need a police report from HER home town in Ukraine?

Holy cow !! Why are they targeting these latter congenial types ?

Yes I made a mistake with the wrong word. I cannot find the word that was used on some ICE site describing someone that continually violates immigration law... So I made a boo-boo with the wrong word. Or maybe ICE did?

In any case I think this thread has ran its course.

I would like to thank those that contributed useable input. Today I moved some things around financially and we should be fine and legal in time.

See Y'all on the next thread!

Not trying to be a trouble maker here; but . . .

1) Your then GF came (when was this ?) on a tourist visa when you both were supposed to be NOT planning for her to stay and marry you.

2) You became a member here in April 2014.

I think no matter how I respond it will only provoke more questioning of the genuineness of our situation. Defending ourselves here will only frustrate me.

Why would one even put their wife/husband in this situation? Just borrow the money. Personally my #1 priority is to give me spouse legal status, so they can fully participate in our society.

Yes that is my number one priority hence the reason I came here to ask questions on the requirements and best way to go about it.

We finally get some original documents and some other important items from Ukraine Monday according to FedEx. It was not possible to do anything about these things without documents anyway. (We were able to use her passport and a copy of her BC for the marriage license.)

We did not plan to get married and have her immigrate when she came to visit me. This has taken us off guard financially and it seems every week there is a new emergency that we have to pay for and we have had trouble catching up. There were some major hits to my income recently which is uncharacteristic of my life but again it seems financially things are really tight.

For others about the drivers license legality: She has a valid drivers license and that is something we are working on as well to get a state license. I gave the reference about the ICE to show that they have written priorities that clearly state that the average person that is a family member of a USC and not a criminal should not be targeted for deportation for traffic violations. If you read the document you would understand my point.

For all:

Yes I am working on moving a few things around financially now that I have received input here. I'll come up with the money some way.

I did a little research on ICE and found out they have official policies and priorities in place that quite clearly state some interesting direction to ICE officers.

I promise the following is worth a read for those worried about deportation:

https://www.ice.gov/doclib/news/releases/2011/110302washingtondc.pdf

In a nutshell it states that ICE only has resources to remove 4% of those that should be removed by the letter of the immigration law. For this reason the focus is on criminal and gregarious immigration law offenders.

A housewife recently married to a US citizen should not be deported for a traffic ticket. It even addresses this situation in the following memorandum from the director of ICE, so I guess he recognizes the injustice of this practice.

Excerpt from the bottom of page 2:

"4 Some misdemeanors are relatively minor and do not warrant the same degree of focus as others. ICE agents and
officers should exercise particular discretion when dealing with minor traffic offenses such as driving without a
license."

I printed a copy of this and will use it in the unfortunate event we have troubles.

You are looking at about $1800 total to file

I-130 $420

I-485 $1070

Medical fee varies greatly depending on immunizations required and who does it. Anywhere from a few hundred and up.

She will become out of status when her I-94 expires. Being married to you in and of itself means nothing. Unless she has the NOA-1 (receipt) showing AOS has been filed for she is subject to detention and deportation at any time between the expiration of her I-94 and receiving her NOA-1.

Best thing to do is to find someone to loan you the money or take a loan out to pay the fees. When she files for AOS she can apply for the EAD also at no additional cost.

Ok This sort of is the same thing everyone else has been saying but more detailed. I did read the paperwork requirements and understand that part.

My new question is this: What are the real chances of her being detained and/or deported? We are in upstate New York in Syracuse and live a clean life. If there's a turn signal out and she gets pulled over driving is the police officer going to check her immigration status and detain her if her papers are not in order? Anyone heard of such a thing in a similar situation?

Sounds like something that might happen in Arizona with a Mexican criminal that has no papers at all. My wife has a valid passport, drivers license, and valid visa. Her I-94 will expire Nov 22. Are police that trained to know immigration rules?

I mean... I have heard of (some) criminals that are here illegally being deported but what are the real chances of my cute Ukranian wife (Or any of the tens of thousands or more illegal aliens in NYC for instance) actually getting deported?

There are SO many eastern European women that are not even married to a us citizen in a similar situation but I have not heard of deportation from any of them.

Since she didn't come in on a K1, you can't apply for SSN until she has an EAD. I also suggest you would apply for AOS, ASAP because if you don't she will be considered to have overstayed her tourist visa. Application for AOS restarts the clock so to speak.The initial form fee is $985 so you don't need the whole sum right away.

Marriage by itself doesn't give your wife any rights and has no effect on her immigration status until you apply for AOS.

I thought I had read somewhere here that if we apply for the AOS after her visa expires that her overstay would be forgiven. Or did I read that wrong?

If we do have the opportunity to afford the $985.00 filing fee before her visa expires - What would be the official application date? We have about 3 weeks before the visa expires money is tight so we could probably do it but it will be a close call. (MUST the application date be before her visa expiration date?)

BTW Technically her visa is good through Sep 2017. Her I-94 stamp expires Nov 22 2014.

If we apply for the AOS and EAD at the same time will it be fee for both in advance?

Hello,

My wife is here we were married in August. Her tourist visa expires in about a month she is from Ukraine.

We cannot afford to start the AOS paperwork it looks to cost about $1,500.00 we just don't have that quite now but will soon.

Is there a way for her to get a SSN so I can share bank accounts, she can get a drivers license, etc? Just not work?

We are in New York state if that matters.

We are married already. We expected her to stay only for the summer hence no winter clothes. Her winter clothes are expensive it will be good to find an affordable way to ship them here.

Best way to ship 15 KG of winter clothes from Ukraine to USA?

City in Ukraine is Dnepropetrovsk. Shipping to Albany, NY 12205.

I checked with DHL the price seems outrageous.

Any ideas please help.

Her visa expires in November. If we were to marry here and wish her to stay here without returning to Ukraine is it legally possible? We had planned on marrying before all the turmoil in Ukraine and we definitely do not want her to return in the current conditions there.

Where do we start?

Thanks in advance we are desperately trying to figure this out with the ability to get married immediately. In other words we prefer to not do a K-1.

Hello all,

I am a US Citizen and my fiancé is from Ukraine. She is actually here with me now in USA on a B1/B2 Business/Tourist visa until November. Here is the issue:

One week before she arrived about 6 weeks ago I went out and did a stupid thing... I celebrated her pending visit and had too much to drink and got a DWI. Since this is my second in 10 years in New York State it is a pretty serious charge ... currently a felony charge. Please I know I made a big mistake I do not need reminders of this. My concern is my fiancé's status in the future.

I have not been convicted of anything and the whole process should take about 6 months to conclusion. Worst case scenario will most likely be a Class E (lowest level) Felony conviction with 18 months probation. Best case will end up being a misdemeanor with most likely probation.

We plan to go through the K-1 process currently so here are my questions:

1. With me as the US citizen how will this affect my application during my pending criminal case?

2. If convicted (actually when convicted) how will this affect the process?

We have not yet filed any applications toward the K-1. Should we look at other immigration options for my fiancé other than K-1?

Thanks,

Maxx.

K-1s are going very fast now, so I would do that.

It is illegal to enter the US on a tourist visa with the intent to immigrate. Her tourist visa is a non-immigrant visa so has nothing to do with the immigrant process. Good luck.

Ok so K-1 appears to be the best option unless I learn different.

Would it be considered legal if she visits me for less than 90 days and returns to Ukraine while we go through the K-1 process?

So basically she comes for a visit without intending to immigrate on that particular visa but we proceed with an actual immigration visa at the same time.

I am trying to find a solution that has us together as much as possible of course.