David and Marina

It has been a while since I have been on VJ, and I think I have confused myself.

My wife and I have our interview at the Jamacian Embassy coming up in September. My question is this: If we get approval (we filed as an IR), will her passport be stamped the same day or will we have to wait for her visa to be mailed to us.

We are living overseas in the Cayman Islands, this is our local (not on the same island) embassy. It would seem odd that she would leave her passport as that is the only one she has, and she wouldn't be able to come back into the Cayman Islands without it. It seems logical they would stamp her passport if approved.

Can someone please tell me what the process is going to be if approved?

Thank you.

NVC doesn't get involved with DCF filings. It's all done in Jamaica. An address, bank account and maybe a driver license is all the domicile you're likely to need. Restarting AOS is not an option because you are outside the USA and would need to commit visa fraud to enter the USA to complete AOS. DCF, IR1 visa is the path. Once you have the visa in hand, she has six months to use it, so plenty of flexibility.

Don't confuse domicile and sponsorship. Sounds like you WILL need a joint sponsor or a new job in the USA. I didn't notice you indicating your wife's citizenship but Jamaica certainly isn't part of the VWP.

No I was just saying it is too bad the US is not that efficient, hence why we are going the IR1 route. We live in the Cayman Islands, she is not from Jamaica.

The embassy in Jamaica doesn't do DCF filings though, so that won't be better. They did however state they receive I-130 forms, so I was thinking it might be easier to send it to the Chicago Lockbox to be faster, which I still am not sure of at this point.

Not sure if the domicile thing will be an issue, as we have enough money in our savings account to suffice, and the money I am making here should show that I can support her fine without having anything in the States at this time (as I am on contract here).

Does Jamaica do DCF, as I was told (by them) they do not?

Honestly, filing directly with the consulate will be faster and less hassle (although you may need a stonger domicile in the US than your mother's house - a job for example. Montreal is really strict on domicile however Kingston may not be) but if you are not looking to move for a year or so, perhaps you can wait.

Yes she can travel on the VWP however, no guarentees that she'll be admitted so you should bring strong ties to your home country when applying for admittance

Good luck

I was thinking it wouldn't be faster, as the consulate would have to process it then send it off to the NVC. As opposed to the other way around. I would think the NVC processed ones would be faster, and it would be a matter of the embassy just receiving it and holding the interview. The domicile thing is tough, as if I am currently working overseas, that is hard to prove, but I may just have a sponsor form sent just in case. The really dumb part about all of this is that we went through AOS in the states, and ONLY the interview was left (they had taken biometrics, etc), and we left two weeks (didn't know it at the time) before the interview. We did send a letter when we left letting them know we were withdrawing it, and the reason, and received a letter back from them as well. It would seem logical if we could just restart it, and update any information, but government doesn't run efficiently like that. That was three years ago, so obviously we stayed married.

Is that the consensus though to file it through the embassy directly?

I (USC) am living outside the US currently with my wife of 3 years and our two sons. (married in the US)

We have no immediate rush (IE, we probably could wait a year, maybe a bit longer) to move back to the US as I have a good job that is secure until at least this December (end).

Our local embassy is in Kingston Jamaica.

Should we file with the Chicago Lockbox as I have a US Domicile (mom's house), or should we file with the embassy in Kingston to have our applications processed quicker?

Please advise, as I am lost on this one.

Also, since we live in a visa waiver country, I understand (from some Canadian answers) that she could travel back to the US while the I-130 is processing. I know there is always a risk she could get turned away, but we have a mortgage here, I am on contract work, we have anything they would want to prove "ties", but I just wanted to ask if it was illegal. It would seem to me (logically) that if we filed an I-130, that shows our intent to do it the legal and proper way, so not to sneak into the country with her, but I know sometimes (although it appears small) people have issues with the POE. We have never had that issue and we have traveled back 4 times a year or so since we moved out of the US.

Thoughts or insights would be MOST helpful! Thank you.

Sounds like a good time to schedule an Infopass appointment.

Best wishes!

I am OUTSIDE of the US for the next several years, so Infopass is for inside the US only. Any other suggestions?

My wife (non usc) and me (USC) withdrew our AOS for her after going through everything EXCEPT the interview. Basically, I know we have go through the whole process all over again if we move back (fun!), but my question is simple. We sent (via snail mail) to USCIS our withdrawal letter and they received it (have signature confirmation). However, on the same day they sent us an interview time/date/etc. So HOW do we know they received and it was withdrawn. The reason I want to know is that I don't want it to cause problems in the future (Not showing up for interview).

Ironically it was the same day our baby is scheduled to be born, go figure!

Ok, dumb question.

Can I file for a K3 while I (USC) am in the country of my wife?

Hi All,

Ok, so we have filed for AOS. My now wife came as a visitor for a few months. We had an unplanned pregnancy (very happy about it, but still unplanned). Got married legally in front of a judge. Filed AOS. Now here is the kicker, I got offered a good job in the Cayman Islands.

So here is my question:

I realize that it will be abonding the AOS process, BUT will we have less time to wait if we decide to come back in three years, since they got our info, AND more importantly she has had a biometrics appointment?

If not, can I apply for the K3 while we are still in the Cayman islands AND how long does the K3 typically take?

I just don't want my wife and young child in another country for an extended amount of time alone, since I am the sole bread winner.

Thanks.

David and Marina,

I wouldn't risk it. Considering she came on a tourist visa and you withdrew the K1, the best thing would probably be to file as soon as possible. Good luck!

Yes, we filed today... all 135ish pages! The 693, will have to wait two weeks, what is another RFE anyways

Does the I130 and other petitions need to be FILED before the I94 expires or RECEIVED before that date?

A petition is officially filed when it's RECEIVED. It doesn't matter when you send it.

SO with the holiday, if sent on Friday (overnight) and assuming Saturday delivery, will someone be in Chicago to have it "received"....anyone know?

Does the I130 and other petitions need to be FILED before the I94 expires or RECEIVED before that date?

So here is the problem.

I can't get a physican around our area to do an immigration physical. My wife's (came on visitors visa and married on Nov 15th) I94 expires November 27th.

Is this going to be a problem filing after her I94 expires since we are married?

I know i have asked this question before, but seeking advice again:

_________________________________

You truly do have a dilema.

Even if you file now, but end up abandoning the AOS application due to a move, the days since her I-94 expired will be considered overstay because you did not complete the AOS.

If you file later and end up completing the AOS, any overstay will be forgiven with a successful AOS.

Either way if you end up relocating outside the U.S. without completing the AOS, the overstay days will count ... even if you file before the I-94 expires.

_________________________________

Any advice on what anyone might do?

Yes that is not a problem, many do, for various reasons, such as yours, or having to wait to get a certified marriage certificate.

So how long do we have to file after her I94 expires, and does this put any appliation for advance parole in jeaporady, OR if we move to grand cayman in January (less than 60 days after I94 expiration) does that trigger any bans?

What's the point of even filing for U.S. residence if you are moving to a British territory? If you make your domicile outside the U.S. you abandon permanent residence.

Great question! That is actually our dilema.

Do we file now, or wait another month (less than 60 days after her I94 expires). I would prefer to wait, but I didn't want to trigger any bans (her being outside of her I94 expiration date).

I will know by end of year if we will be living here or living abroad. Moreover, if we stay in the states, I could be at a different job (you never know).

So the millino dollar question that I am unsure of is:

1) do we wait to know where will be and THEN file? Or will that cause problems later on if we file outside of her I94 date?

2) Do we go ahead and file, but then we might have to abondon it if we move out of the country?

3) In the end, regardless of the money, i don't want to trigger any sort of ban if she falls outside her I94 date (nov 27th, 2006). That is the biggest concern in all of this.

Has anyone here filed outside of their I94 date and had/didn't have any issues?

Yes that is not a problem, many do, for various reasons, such as yours, or having to wait to get a certified marriage certificate.

So how long do we have to file after her I94 expires, and does this put any appliation for advance parole in jeaporady, OR if we move to grand cayman in January (less than 60 days after I94 expiration) does that trigger any bans?

Ok, problem now.

We can't get a medial for teh I693 until next week. My now wife's I94 expires November 27th, can we file after that expiration date or does that cause other issues?

sorry for all the questions around Thanksgiving

Sorry for asking, but have you filed a I-130 petition?

You may want to check this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

No, I have not filed the I-130, do I need to file that along with I-485 also? I ran across that in rereading the I485 instructions. My wife is here, entered legally, still on unexpired I94, and married here (she wasn't my wife before she came obviously) SO should that be filed with the I485 as well to Chicago?

If your wife came here on a K1 fiancée visa to marry you then you don't need an I-130. If she was already here for a different visa type then you're going to need an I-130. A little more information is needed.

Also, when you do your I-864 ignore the instructions for 1 year’s worth of tax returns and W2s. Send 3 year’s worth or you're likely to get a RFE. So many of us have, seems the USCIS is stuck in their old ways for the I-864 which required 3 years of tax returns. Including extra years won’t hurt you unless the extra years were below the 125% poverty line. I could have saved myself 2 months on the whole process if I had just sent all 3 years (including the W2s).

The other thing is read all of the instructions and then follow them exactly. Then have someone you trust read over every form and make sure all the answers and items needed are included. Getting it right the frist time saves months of processing time.

Yes I was in school 2 of the last 3 years (2004, 2003) so I didnt' make much, and barely met the poverty lines (if memory serves me right). I may just include all and hope for the best. Thanks..the I30 was a last minute check thing when I was reading the instructions, as I didn't see it in the AOS guide here.

You need to file both at the same time... the I-130 is to make a immigrant visa number available to her based on the fact she is married to a USC and the I-485 is to adjust her status from immigrant visa available to Permanent Resident.... both will be adjudicated on at the same time....

Hope this helps...

Yes, that helps greatly. Is there a reason it isn't included in the AOS guide : (http://www.visajourney.com/forums/index.php?autocom=custom&page=k1k3aos)

Ok, so maybe i just can't read, but what is the difference between I130 (petition for alien relative) and I485 (AOS).

Do I need to file both? IF so what order?

Do I just need to file the I130.

Short Story (sorry to those who have alread heard it): My wife, (Non USC from Grand Cayman) came on a tourist visa (I94 expires Nov 27, 2006). We were married (legally, civil ceremony) on 11/15/2006. We (most likely) will be stayin in the states and I don't want her to fall out of status, therefore I don't know if we should file the I485 or the I130 or both?

Sorry for asking, but have you filed a I-130 petition?

You may want to check this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

No, I have not filed the I-130, do I need to file that along with I-485 also? I ran across that in rereading the I485 instructions. My wife is here, entered legally, still on unexpired I94, and married here (she wasn't my wife before she came obviously) SO should that be filed with the I485 as well to Chicago?

Final Sanity Check here, all of the following go to the Chicago Lockbox correct (I am in Iowa)

Completed I485

Completed I131 (optional I know, but will need it)

Completed I693

Completed I864

Did I leave anything out???? I followed the guidelines, but really wanted to check that all paperwork went to the Chicago Lockbox.

Thanks!

Part 1: Current USCIS Status:

I think you said she came on a tourist visa - put tourist visa

The poster's timeline says they came as a K-1 visa holder, and therefore should put K-1 visa holder.

Part 2:

Check off "A" - they count your pending I-130 in this category, though it is not clear.

Actually as a K-1 visa holder, the correct answer is "C".

Let me clear that up. She came as TOURIST VISA, not on a K1. We withdrew the K1. Long story, but anyways.

Thank you all for the answers.

Still confused about Part 5: SO I put 01 in (a) and the leave C blank (even though she is my spouse??)

Part 1: Current USCIS Status:

I think you said she came on a tourist visa - put tourist visa

The poster's timeline says they came as a K-1 visa holder, and therefore should put K-1 visa holder.

Part 2:

Check off "A" - they count your pending I-130 in this category, though it is not clear.

Actually as a K-1 visa holder, the correct answer is "C".

Let me clear that up. She came as TOURIST VISA, not on a K1. We withdrew the K1. Long story, but anyways.

Sorry, one more thing. SO do I check (A) for the I485 Part 2 since she is my spouse?

Thank you all for the answers.

Still confused about Part 5: SO I put 01 in (a) and the leave C blank (even though she is my spouse??)

Ok, I have the following questions stump me Anyways here goes, and THANK YOU very much in advance.

I-485 Form:

Part 1: Current USCIS Status: What do we put here, married to a US Citizen, filing for AOS.

Part 2: Application Type: Ok, now I am no rocket scientist, but good Lord, do I check box H: and add in "Spouse of a US Citizen". Didn't see that in the checkboxes..go figure.

I-864:

Question 21: Do I enter "1" for (a) as it is my spouse AND 1 for ©??? That would equal 3 in my total household. Which box do I put "1" for my wife?

Question 24b: Do I put my wife's name down, and then income of ZERO since she is not/can't work currently? OR should I leave it blank?

Thank you again for all your help..

There are some exceptions to filing an I-485 with an overstay and one of them is the following:

Exceptions to the bar to adjustment of status include:

Marriage to a U.S. Citizen; Parent of a U.S. Citizen; Child under 21 of U.S. Citizen if the individual entered the United States in most Non-Immigrant Visa categories

So she can apply to adjust her status even if her I-94 has expired, however for obvious reasons, it's best to complete and send in your immigration forms ASAP.

Yes, I think we will try and file ASAP. However, this is the dilema. I may have a job offer from Grand Cayman (her country) that I may take. So I dont' want to file and then withdraw as I see that causing problems later on (5 years if we decide to move back for example). However, I do not want her out of status either, so therein lies the dilema.

We file, and then move, we have to withdraw (and we get to go through this process all overagain). So my preference would be to not file until I know for sure (a month or so), but then she is past her I-94 stay and I don't want that to trigger any ban's on her if we come to visit the US at any point in the future.

Any helpful advice to either wait the month or just file and take the chance we might have to withdraw? Thank you all again, this, unfortunately is just happening all within this month (Her expiring I94 (Nov 27), and a possiblity for us (as a couple) to move to the Cayman Islands.

Wait or not wait....any advice/thoughts/prayers are helpful

You had to get married within the 90 days of arrrival (I-94 validity)

You can file at your leisure, to Chicago, but if I remember correctly you should file within 180 days of the the I-94 expiring.

I assume your I-94, within 90 days was meant if she came on a K1 visa. She came on a visitors visa, therefore, that wouldn't apply correct?

Also, do you recall where you saw the 180 days, I know I have seen it but can't recall where. Thanks.