tiberonsuave

In one of my consultations in preparing for my wifes case I had a consultation with an attorney who dealt with a similar case. The woman got caught with a fake passport. Untimately, he was able to sucessfully assist her in AOS. After two years the lady from Colombia promptly dumped the guy.

It won't be cheap and it is an uphill battle that can be won. The choice is yours.

t

Background Posts: FIRST and SECOND

Well first, I just want to thank everyone for their help, thi forum is very helpful, the people here quickly respond and best of all, from what I have seen, very friendly (First forum i've seen with no flame wars )

I have hit a lot of road blocks and a lof of you have helped me ram right through them without damage, but I am afraid I have hit the mother of all road blocks as of today and do not think that I can ram this one down or go around it. Although I do not want to, I am just going to lay it all out. I just recently got of the phone with my fiance, talking about the I-485, I-130, etc. pretty much all the forms we need to fill out to adjust her status from her overstayed tourist visa. Now (HERE COMES THE BAD PART) I knew she had another passport and visa with another name for reasons I don't think are too important to state because it's pretty obvious why. But, as of today, I found out she entered the US with this false passport and visa. We discussed this situation before when I met her, but I must have overheard her about the part of here entering the US with the false documents. So it turns out, yes her visa is expired, and yes she has overstayed, but not in "her" name, but the name in the other passport and visa. From here, I do not even know where to begin. I know she has to go and I told her that, but came her for maybe some advice or help, or maybe someone has been down this road (hopefully), I sure would like to hear their story, especially if they are now married and living in the US.

I know little about visa fraud and I am sure that my fiance has comitted just that. From seeing the term pop up a few times here, I know it is something to be feared.

Here's What I Have Been Thinking About As A Solution (From Worst To Greatest Idea):

1. Continue to apply for the AOS (I don't think this is now possible in my situation, even if she was married to me. She now does not have a I-94, which I believe is require to even apply, correct?)

2. Send her home and apply for a K1 Visa (If I did this, then our story on how we met would need to be modified during the interview and that is something I do not want to tinker with)

3. For me to move to Peru and live there happily ever after (this I do not want to do, but seems to be the perfect solution )

Let's see, I have been sobbing for about 4 hours now and my body & heart aches a whole lot now, if anyone can provide any, please

Um Chris...It is YOU that have the "blotches" as you put it on your criminal record and YOU are the US citizen, right?

t

Well, at first we were going to have a ceremonial wedding as opposed to a civil/ceremonial wedding just so we could get her fiance visa application started sooner, but I have some blotches on my criminal record that are going to be an obsticle, regardless of the fact that I've disclosed this information with my fiancee AND her parents. So in an effort to avoid compromising this process any further, to avoid my fiancee lying at her interview and facing possible bar from the US if we're caught, we are going to play it safe, dispite the longer it will take, and we are going to have a legitamate marriage as well as a ceremony in the Philippines, hopefully in July so long as my father can commit to he $3500 budget for the wedding.

That being said, I also think that us being married will make things better for my circumstances with the criminal history thing- the fact that not only she knows, but she married me knowing, too! That can only help.

It really is unfortunate, the choices we make, not being able to begin anticipating the consequences of our choices and how they will follow us for the rest of our lives! I never thought I would be marrying someone from another country. I never thought I would substantiate a relationship over the internet and telephone. But here I am; here we all are! What an extraordinary story for our children and grand children, huh?

Best of luck to everybody. If one thing is on our side, it definately is the most potent emotion and state of all: love, right? I know I know, such a fluffy sentimental optimist. But I guess, in a world that we have encountered, where computer keys, letters, and digital voices flung half way across the world are more tangible then the actual loved ones themselves, love and optimism is all we have!

The correct answer is none. The questions are valid questions. They have lightened up on it a bit though. Apparently. Your husband COULD have a social security number and he COULD have an alien registration number as well. Just because he doesn't in your case does not make it a non applicable question.

t

Never Never Never put N/A. ALL questions are applicable. If they ask about prior wives and you have never been married before the CORRECT answer is NONE. ALL questions are applicable. This used to be notorious for earning an RFE.

t

Best evidence to support marriage is receipts of your trips there to visit, the certified copy of the marriage certificate, and photos over a period of time, with you together.

Secondly, they love to have phone records and e mails over a period of months.

These are the most effective proofs.

don't skip 9, answer which marrriage broker or put none.

In fact if you leave any question un answered, they will send the application back to you, answer all questions or put None or N/A.

Send the NOA 1 from the I-130 in with the application for the I129F You cannot apply for the I-129F till you get the NOA 1 back.

Also, very important that all names on the application match the names on the passports.

Hope these answers help a little. Go back and read and re read the guides, for the best advice.

Rob and Melinda

I put N/A wherever it really wasn't applicable. For example, when it asks for my alien registration number. That isn't applicable because I am a US citzen. And for the hubby's SSN, I put N/A because he isn't eligble for a SSN yet. But I put None for his alien registration number because he will receive one but doesn't have it yet.

That would be a wrong assumption. It simply needs to be someone fluent in both languages. No certification required. There are samples of the cover letter you would write stating that you are fluent in both languages floating around,

t

And I'd have to assume that if my phone records are in french I need to get it translated by a certified translator ?

The Patriot Act requires the bank to set up a Customer Identification System. In their instructions on how to do this they clearly state that a valid foreign passport is acceptable. Now you might be subject to a 30% withholding but it is all temporary any way. I printed all 85 pages of the patriot act and brought it with me on the second trip. I got my wife added after I made the comment that it appeared they were hispanic discriminatory.

t

Hello,

I tried to open an account for my husband and they said they could not open an account without his greencard (US Patriot Act, blah blah blah). (Wachovia Bank). Please let me know what others experiences were. What banks did you use? What was required? Thanks.

You can enter on the K-3. It is a multiple entry visa valid for two years. So you will not "need" advanced parole for two years. Our case is unusual in the amount of time it is taking. After two years your spouse will need to have advanced parole in hand prior to departing the US if she wishes to be allowed to return. Hopefully your spouse will have her greencard by then and it will not be necesssary. If she does not wish to ever leave the country she will not need one. But what if a family emergency arises. It takes time to get the AP.

This is great info... Thanks!

As to timing on applying for AOS to be sucessful you will need to have an approved I-130. I would apply as soon as you are approved. However, there are no likely problems until she is six months out of status. Don't let that happen.

I'm still a little confused here.... so by this you meant that I need to file for AOS as soon as NVC approves my I-130 (and might keep in on hold while the K3 comes through) but wait until she arrives in the US on a K3, right?I am not sure with the new USCIS approving many I-130s at the same time as the K-3s.

EAD is a requirement to legally work. If you wife does not wish to work you need never apply.

She will definitely be working, but you said something about this being an annual cost.... so for every year that she is waiting for AOS to be approved, we have to keep re-filing the EAD?

yes it will be an annual cost until approval of AOS.

/UM

tiberonsuave,

I read another post from you on a thread that said -

"Our AOS is pending since August 2004 and we have to file for Advanced Parole and Employment Authorization Documents adn Adjustment of Status. The AP and EAD are annual costs while the AOS is usually a one time fee."

Can you elaborate on this? What is the sequence of filing these? How much does each cost?

I'm guessing that we need to file AOS as soon as your spouse lands in the US with a K3, and simultaneously also apply for EAD, (and keep renewing every year?).... how does Advanced Parole fit into the picture?

Thanks!

/UM

It means the date change even if the verbage in the notification didn't. You were last touched on 2/22/07. In and of itself it doesn't mean a thing. It could be good news or it may be bad news...you just don't know unjtil something shows up in writing.

t

okey guys, everyone saying touched touched touched couple of times, i really dont understand what touched is!

is that when i open the USCIS.gov and check the case status updates and it says, last time update 02/22/2007

is that what touched means?

You can enter on the K-3. It is a multiple entry visa valid for two years. So you will not "need" advanced parole for two years. Our case is unusual in the amount of time it is taking. After two years your spouse will need to have advanced parole in hand prior to departing the US if she wishes to be allowed to return. Hopefully your spouse will have her greencard by then and it will not be necesssary. If she does not wish to ever leave the country she will not need one. But what if a family emergency arises. It takes time to get the AP.

As to timing on applying for AOS to be sucessful you will need to have an approved I-130. I would apply as soon as you are approved. However, there are no likely problems until she is six months out of status. Don't let that happen.

tiberonsuave,

I read another post from you on a thread that said -

"Our AOS is pending since August 2004 and we have to file for Advanced Parole and Employment Authorization Documents adn Adjustment of Status. The AP and EAD are annual costs while the AOS is usually a one time fee."

Can you elaborate on this? What is the sequence of filing these? How much does each cost?

I'm guessing that we need to file AOS as soon as your spouse lands in the US with a K3, and simultaneously also apply for EAD, (and keep renewing every year?).... how does Advanced Parole fit into the picture?

EAD is a requirement to legally work. If you wife does not wish to work you need never apply.

t

Thanks!

/UM

So you are advocating submitting an I-485 on a K-3 visa knowing full well that it will be denied and the applicant will lose $385 dollars. Not nice.

t

t,

Not at all.

The I-130 does not have to be approved before the application to adjust status can be submitted. The I-130 does have to be approved before the application to adjust status can be approved.

Significant difference.

Yodrak

Calm down and breath. USCIS in reporting times works like this. They select a timeframe or goal for how long they think it should take them to process a case. In your case they have set an intended goal for processing I-130's within six months. If they are ahead of that timeframe they will post the "goal" as the date of applications that they are processing.

All you can tell from the posted date of August 21, 2006 is that they are currently taking less than six months. It could be one day or one hundred eighty days. You just don't know. You can get an idea from one of the timeline forums of a realistic expectation.

If you want to verify this go check out AOS timeframes on the USCIS page. Most of them state August 21, 2006.

t

I am so frustrated. I filed an I-130 for my husband with the receipt number of march 5th 2007... and according to the ucis website they are currently processing august 21, 2006 cases. I thought that i could file the k-3 and hopefully could have my husband be with me sooner. However, the national benefits processing dates depressed me so much. they are also processing august 21,2006 cases. Then what is even the point of the K-3?

it is uselesss.... or is there still hope for meeee.. i mean do k-3 cases speed up or what....

Congratulations,

I married a paisa. Where is your wife from.

The first decision you have to make is whether it is more inportant to save money or save time. It is a very personal decision but I bet you want her by your side ASAP. You state that you filed the I-824 so you have started down the path of the I-130. I don't know how difficult or costly it is to back out of that option and try to go down the K-3 path.

When my wife and I filed in 2004 she NEVER received the paperwork. The mail in Colombia sucks. After a month I phoned the consulate and they faxed me the paper work which I fedexed to my wife.

If you can stand the wait I would go the I-130 route. She will land employment authorized and greed carded. Our AOS is pending since August 2004 and we have to file for Advanced Parole and Employment Authorization Documents adn Adjustment of Status. The AP and EAD are annual costs while the AOS is usually a one time fee.

Good luck,

Antony

I am married to a citizen of Colombia. I recently recieved notice that my I130 and the I129F are approved and are being forwarded to the NVC in New Hampshire. The instructions indicate that I need to file a I-485, but the I-485 instructions indicate that I need to file the I-824 (in chicago). I'm presuming that is the course of action since the K3 guide makes no mention of what happens after the approval. We still do not have a visa. I would like to know if this is correct. Also, I am a computer systems administrator working as a temp. The company I'm working for has told me that they want to keep me as a permanent employee, and it is only a matter of time.

It could be another month before this happens, and I was only able to report about 20K in income for last year (as I was unemployeed for part of the year). I own my home, have no expenses and about 10K in savings. Should I go ahead and file thie I-864 or wait until my job is permanent?

When you say he came here illegally, I assume you mean that he entered without inspection. If that is the case you have a battle. If he entered and was inspected you still have a mountain of paper work. However the second scenario happens all the time.

Get the old tourist visa to go see "Disneyworld" and never return. Then hook up with a gringo or gringa and you are in like Flynn. Happens daily. Not saying it is right or wrong.

Swim the Rio Grande and take longer than one year to find your soul mate and you are looking at a ten year ban. A waiver will need to be filed. Complicated and not cheap.

Good Luck,

T

Hi. My name is Angela and I'm new to this site.

I was wondering if anyone could answer some questions for me. I was born and raised in this country. My husband came here (United States) illegally from Mexico in 2000. Since being here, he has always had a job of some sort...landscaping, irrigation, restaurant work, things like that. More recently he has worked in car dealerships and the hospital as a bilingual medical interpreter. His English is excellent, and he has always been very well respected in every job he has had here.

We've been married over a year and a half now. We got married in July '05. We both knew that getting married wouldn't make him an instant citizen like people often believe. In September of '05 we met with an immigration lawyer to talk about getting him legalized in this country. The lawyer was helpful, but the whole process sounded confusing and he didn't seem real optimistic about my husband's chances towards legalization in this country. Due to the financial issues involved, we didn't even start the paperwork because we didn't have enough money at the time. Now we are wanting to get back into the process again. I get scared everytime he applies for a new job because I'm afraid that his status will be discovered. A few weeks ago, the car company he was working for got shut down and everyone was laid off. He started putting in applications for employment everywhere, and honestly it was a nerve-wracking experience, because there was always constant worries about his status. He took a part job temporarily at a different car dealership, and they discovered his illegal status. Fortunately, the manager really liked him and offered to pay him cash instead of by check and said he would not disclose anything about my husband's status in this country. My husband wound up taking a full time job at the hospital (what he wanted originally anyway), but he also left the dealership partly out of fear.

I guess I really have several questions and I wanted to hear from anyone who has experience with this situation. Where do we start this process? I've tried researching this on the internet and I get really confused trying to understand all the different forms that have to be filled out and what the different forms mean. And just in personal opinion, what are his chances of getting legalized here? Also, are there any bills or anything going through the government now that are in favor of legalizing illegal immigrants? I know at one point last year there was talk of a possible bill from the President that would help legalize immigrants already living here for a certain number of years. Is there anything like that happening again?

I know I've thrown a lot of information and questions in here, but I would really appreciate any information that anyone could suggest. Like I said, he and I both live in fear because of his status. It's one of my worst fears that one day I'm going to get a call that my husband has been deported. Also, he really misses his family. He hasn't seen them since the day he left Mexico and it tears him up to not have seen them for so long, yet he is determined to live in this country. I've never even met my husband's side of the family because they were not able to come for our wedding and we obviously can't go there. I really want my husband to be able to live freely in this country without fear and to be able to go to Mexico to see his family without fear of not being able to get back in this country.

Thank you so much for your help. I really appreciate it.

A passport is about as bulletproof as you can get, I don't know if it will be an issue if it is expired. The birth certificate will do.

t

Hi,

I have my AOS interview planned next week. It is asked that the US citizen brings a proof of citizenship. Saly he has lost his passport and has only his US brith certificate, driving licence and old passport and no more valid because really old.

Will this bo ok?

Thank you for any advice to prove the citizenship, I am nervous !!!!

It also seems that by paying for the K-3 you will get your I-130 approved concurrently. Sounds like blackmail to me. Then they ASSUME for you that you wish to use the K-3 and pay more. You will have to decide whether the chance of an expedited I-130 is worth the additional money and risk.

t

Never Never Never put N/A. ALL questions are applicable. If they ask about prior wives and you have never been married before the CORRECT answer is NONE. ALL questions are applicable. This used to be notorious for earning an RFE.

t

Best evidence to support marriage is receipts of your trips there to visit, the certified copy of the marriage certificate, and photos over a period of time, with you together.

Secondly, they love to have phone records and e mails over a period of months.

These are the most effective proofs.

don't skip 9, answer which marrriage broker or put none.

In fact if you leave any question un answered, they will send the application back to you, answer all questions or put None or N/A.

Send the NOA 1 from the I-130 in with the application for the I129F You cannot apply for the I-129F till you get the NOA 1 back.

Also, very important that all names on the application match the names on the passports.

Hope these answers help a little. Go back and read and re read the guides, for the best advice.

Rob and Melinda

H&R Block should be able to answer your questions.

I would fill out the W-7 form and apply for a Tax Identification Number or TIN. This is not a temporary social security number. It will take longer than until April 15'th to recieve the number. You will then file at a different address than normal. It was Maryland as I recall. And your return will be somewhat delayed.

It is not always better to file jointly. Fill out the forms all ways possible and then you will know what is best for you. H & R Block should do this for you as a matter of routine.

I am not sure the power of attorney will do you much good unless you have her passport. You can alway file an ammended return return if necessary.

t

Hey VJ'ers I have a question about my upcoming tax return. I'm ready to file my 2006 taxes but I'm not sure on whether to file separately or jointly. We're in the process of her K-3 and I've heard its better to file jointly then separately. Not sure why. I have a power of attorney letter from my spouse just in case. Also should I fill out the W-7 form to get her a temp ssn or just wait for AOS? We were married in Sept 2006.

I'm going to HR block by the way. I hope they understand my situation of a spouse with no ssn. Can someone enlighten me on this tax issue? thanks

The USCIS will only care about the pregnancy at AOS, as to the father. Really now, if they would expedite based on pregnancy can you imagine? If your fiancee was your wife and had some terrible complication that could not be handled in her homeland then maybe. But that is a longshot and dificult to prove. Children are born in third world countries all the time.

Make sure you are listed on the birth certificate and that the birth is registered with the appropiate embassy if it does occur overseas.

Congrats,

t

This is a bit embarrasing my fiancee and I were planning on getting married in June as we both have some loose ends we wanted to get taken care of before getting married. Well it seems that we had a very good celebration during the week of Valentines and it seems we are now expecting. My question is does USCIS take this into account when processing visas (like maybe make them go faster) as I would really like this child to be born in the USA. Any thoughts?

There probably has been improvement in the system. My experiences were is 2004 and a lot has changed since then. I would follow up with the misinformation line. Althought they don't often get it correct, if they can tell you the proper address it must have made the change somewhere.

t

Yes, was your wife a convicted, drug smuggling, terrorist, prostitute? Or was it some other technicality?

t

Well *that* was descriptive.. not.

Care to share any particulars?

The interview occured in West Palm Beach not Missouri.

t

Thanks for the heads up, I have heard bad things from the MSC before... I hope I get Xfer to CSC like others from MO had been...

At least you were approved, congrats!

It is like they are holding the I-130 hostage for the K-3 filing fee. Not nice.

t

For right now I would advise filing the I-129F (For K-3). I agree that eventually it should be done away with but not EVERYONE is getting the 129F approved at the same time as their I-130. (Like me for example!!!) And the government is milking an extra $200 out of us to file the I-824 form to transfer our approved I-130 petitions. The wait time seems to be anywhere between 2-6 months for the paperwork to actually move. In that time most people get their K-3 approvals.

So you are advocating submitting an I-485 on a K-3 visa knowing full well that it will be denied and the applicant will lose $385 dollars. Not nice.

t

t,

Not at all.

The I-130 does not have to be approved before the application to adjust status can be submitted. The I-130 does have to be approved before the application to adjust status can be approved.

Significant difference.

Yodrak

You seem to be contradicting yourself Mr. Yo

t

"t,

It is you who are wrong - I-130 does not need to be approved before a K3 can apply to adjust status.

Please stop posting incorrect information about this.

Yodrak"

Portlander,

adjust, not change, her status (the two words have distinctly different meanings in the context of immigration).

And adjustment is not like re-filing the I-130. For a K3 an approved I-130 is a requirement for adjusting status. Applying to adjust status is more like applying for an immigrant visa. In fact, it's an alternative to applying for an immigrant visa. A K3 can chose to do either one or the other in order to gain immigrant status.

Yodrak

.....

The costs I can see now are the filing fee to change her status (essentially re-file an I-130, except for someone already here - with associated costs) and the time it takes her off work (the biggie)

.....

That is what I was alluding to. They will not get you processed in front of others. However, they will bring attention to your case and if something is amiss they will get it corrected.

My case had been misplaced and they located it and placed it where it should have been timewise. So in a way they did expedite my case in that they located it. But they did not place it ahead of where it should have been all along.

t

I would call the senator and ask, according to many on this site, they can't help expedite EAD's either, but they sure assisted in quickly and painlessly expediting mine.

What was your RFE for. Lots of people receive RFEs. I received two RFEs asking for information that was included in the original submission. I resubmitted them and they accepted them no problems. AILA will help you find an attorney if you really feel you need one.

Bogus RFEs is one way USCIS can delay your case without being held accountable. Statistically speaking your case will now not apply to their timeline goals because "you failed" to submit the paperwork properly.

t

the USCIS send me RFE papers, and i just want make sure that everything is alright cuz we have some problems about the RFE, so i need a immgration lawyer advice for doing the best, so if u got experince with good one who knows his job right, please send me msg am living in small town in iowa, so i have to be calling for legal advice on the phone, so i really appericate anybodies help out here

Are you sure that you need a social security number to be added to his health insurance? I was told the same thing by my insurance provider and when I pressed they added her with my marriage certificate. I carried her on my insurance for seven months prior to her entering the US on her K-3 visa.

T

hey guys! i need some help here..i wanted to apply for ss # to be part of my husband's health insurance..i'm not planning to work or anything but i applied for EAD with my AOS..i just receive the notice of action last week..will i be qualified to apply for that with just a notice of action on hand?coz according to what i read they need the form I-551 as proof of status.

I have a few suggestions:

First of all, you do need to be sure you are getting your mail from USCIS. Have a chat with your mail delivery person and follow up with your local post master. Information is not always posted in a timely fashion on the USCIS website and you don't want to have your mail returned as undeliverable! You might miss an interview and have your case denied without your knowledge.

Secondly, I am not familar with filing through India but in Colombia I would only file the I-130. What is it that you hope to accomplish by filing and PAYING for the K-3? The current trend is for USCIS to approve both applications on the same day. They then ASSUME for you (thanks a lot!) that you wish to abandon the I-130.

Why do they assume that? Well then they can charge you $200.00 to reinstate the I-130! Or you can elect to use the K-3 and have to pay $385.00 to AOS and also pay for EAD and biometrics if you wish for your spouse to work.

Unless the I-130's for India are taking much longer to process than the K-3's I would not file one. You need to do the research and find out.

t

I got married in India on January 15, 2007 and had to come back to U.S. on January 24, 2007 because of my work. I hired a lawyer and he told me to file for the K3 visa. I sent in the I-130 in the beginning of February but never received a receipt from USCIS. The check that I sent them was cashed few days after I sent in the I-130. My lawyer told me to look at the back of the cancelled check to get the receipt number. I was able to get the receipt number from the back of the check and I confirmed with USCIS that my I-130 was received by them on February 7, 2007. I asked why I never received the receipt and USCIS told me that I need to check with my mail carrier. I figured that was useless and since I have the receipt number, I don't need the notice itself. Now it has been over a month and I realize from this website that I also need to file the I-129F right after I file I-130. This makes me angry for many reasons. I paid my lawyer over 600 dollars and he haven't even contacted me even one to tell me that I need to file I-129F. I also found out that I need to have the proof that I filed I-130. I have the receipt number but I do not have the notice itself so I don't know what can I do. Can anybody give me any suggestions?