Cry_Tuff

Thank you! I have been going over the list and refreshing myself with what is needed. Nothing that is listed should be a problem for us to gather or obtain. That is good to know about the 10 year GC--and cheaper at that! Thanks again

...ehh..I'm on spring break--I read between the lines during the summer..haha!

Thank you for pointing that out to me!! lol

Thanks for the reply I had a look, and it appears that those who filed a tourist visa and are still here are who need to apply for that? We actually went through then entire K-1 Visa process for the fiance visa--and were approved. Entered as required into the U.S. and were married within the 90 day time frame as well. I have a feeling I'm going to have to consult with the immigration attorney yet again, but was hoping I might be able to avoid having to utilize one.

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

We were under the assumption, as well, that since he did enter LEGALLY that he would be banned from reentry if he were to go back to the UK for 10 years should he not have his Greencard first.

Hello everyone It's been a long while since we posted in here (obviously).

Well, as you can see by our timeline, we got the K-1 Visa and were married within the 90 day time frame ----in 2008. Since then, one thing after another has went wrong. Car problems, losing my job, health problems between us all, other family issues...you name it, it's pretty much happened. Once we would have the money to file for the AOS, something else went wrong to where we had to use the funds elsewhere. My parents are the co-sponsors for my husband. Through all of this, we have somehow managed to stay together, and it has made our relationship stronger. Over the past 4 years, my husband has done some odds and ends jobs for family, helped with my 2 minor children and kept up the house while I worked or attended college, volunteered assisting my daughter's Girl Scout Troop, a food pantry, and a soup kitchen--helping those less fortunate than ourselves. So, he hasn't just been sitting around.

Nonetheless, we haven't filed for the AOS, and intend on doing so in August (NO MATTER WHAT!). A lawyer had advised me to just go ahead and send it in, they may have questions as to why we haven't filed previously...but since we haven't received anything from USCIS as yet, we should be fine....that basically he is legal, but out of status. Can anyone else give us some advice on how to proceed? Or should we just continue with the normal outline of how to prepare the AOS packet?

Thank you in advance & best regards to you all.

Must be updated...or maybe its just Ohio..lol. Servers never use to have to report tips. I stand corrected...

To the original poster:

If you follow the K-1 Visa Flow chart and guide on visa journey, you won't go wrong.

I figure by the time he travels back anyhow, he will already have his green card lol.

Thanks for that.

My husband and I were always on our web cams, head sets, and skype to keep in touch daily when he was there.

We would always send little things in the post as well. His mum loves the Pillsbury Brownie Mix, his dad is an avid art fan/collector and likes maps of different areas in the states he hasn't traveled to as yet. When Pete was here, he on one of his first trips, he fell in love with Mountain Dew and his adult son loves M&M's. I would always make a little "care package" and mail it off to him and his family....just something little for each of them, and they loved it. I would also get those Hallmark cards that have a certain song we both like...or a lovey dovey song and send out to him. We would go on You tube a lot and send each other links to our favorite television shows as kids, songs, etc also.

I think communication is the major key; whether it be through text/web cam/headsets/emails/telephone/snail mail, you have to have strong communication between your significant other and yourself.

Am getting a little confused. I just read somewhere that someone did not have to get another physical, even though it has been over a year since their last one.

I can also remember reading that if the Work Authorization and Advance Parole has not already been filed, I can do that with the AOS for one cost. Has that changed? It use to be $1010.00 for all three.

(and no, we do not have my husband's WA or AP as yet )

Ok, I have called and scheduled his medical exam with a civil surgeon in my area for July 28th at 2pm and have downloaded the I-693.

Will one copy be suffice or will the doctor have to fill out more than once copy?

It's not that she's not being honest about her income. In the United States, servers are NOT required to report their tips as income.

If your mother has enough income of her own to make up the required amount and would be willing to be a co-sponsor, his K-1 Visa can be approved. I was in between jobs at the time, and my parents co-sponsored my now husband. They just require copies of their bank statements, etc during the K-1 visa process. Once you file for AOS down the road, they will require tax return statements.

Basically, if you have a co-sponsor who is willing to sign legal paperwork to ensure he has some financial support and does not become a burden to the state, then it will be approved. Does he have income or assets of his own with any value? That can be used as well.

My husband and I are back after taking a break and trying to see what life was dealing us. We weren't sure if we were going to continue on, as it is very difficult for any new couple....let alone when one is from a different country. Anyhow, we are happy to report that we are doing much better and have decided to pursue his AOS.

We were married in February of 2008 after obtaining my husband's K-1 visa. We married within their 3 month time frame, but have never filed AOS paperwork, advance parole, or for a work visa. We do have his social security number.

Since we are married now and he is living here in the states with me, do we continue on with the AOS paperwork, or will there be a separate form we will have to include since it has been over a year that the visa has expired. We just need some guidance on where to start again.

Thanks!

He can leave at any time and return to the UK. The problem he is going to have is his overstay, if it has been more than 180 days since his I-94 expired then he is facing a 3 year ban on re-entry to the USA, if he waits until it is 365 days or more then he is facing a 10 year ban.

If he then wanted to return to the US even as a visitor he is going to need a visa he will not be able to use the VWP if you both wanted him to return to live in the US he would need to get a CR1/IR1 or K3, because of any ban incurred he will also need to apply for a wavier or wait out the ban then apply to come back.

Is there no way you can file for his AOS and EAD so that he can at least find some work.

I could file it that's the thing..but he's told me to save the money and not do it. He can't stand the country as it is...and I told him before he even came over here..make sure this is what you want. It will be a year towards the end of February of 2009 that his I-94 would have expired. He wants to return to the UK after the holidays.

To answer your questions: He says that my children would never make it in the UK. I for one know that, as children there are more advanced than American children. Not only that, but they leave school at the age of 16 and can choose to go to college or work from then on (although most nowadays are electing to become pregant or troublemakers. His son is 19..so there is a big difference between his age and the age of my children. My 8 year old son has epilepsy, ADHD, and is in special needs classes... so education and medical care is something I can not take lightly. My daughter is 11 years old and in the 5th grade here. It is doubtful that I would be moving over with him at this point in time, as my children would have to come first. ChrisMatt....I would have to say to your question...on his part..no..he feels love is just a word that is overused.There are so many things I could go into, but I won't as I feel it is private and I don't want to stir up even more problems, but no he isn't happy with the marriage....partly because he can't work...but then he goes on about not having any friends, no family here, is afraid to go anywhere (and we live in a decent neighborhood)..out of fear of getting lost..etc..etc.. He's upset that my family doesn't come around to check in on him. (when both of my parents work full time, my sister has 3 different jobs, etc). I know I married him because I loved him....and wouldn't have gone through this process if it wasn't for love. (even if he's never worn his wedding ring except for the day of the wedding). There's more to it all, and it may be in the best interest of both of us to separate for a while...it's just hard when he says things like he doesn't think my kids love him...(when he's never told them he does...it has to come from the adult first)...it's like the old saying...If you love something let it go free. If it doesn't come back, you never had it. If it comes back, love it forever.

Hello everyone. Unfortunately, we have not completed the AOS as yet. We were married Feb. 16, 2008. Due to one unforeseen event after another, we have had to put it off. Now my husband is out of status (he is from the U.K.-British). However, he now wants to go back home. We live in Ohio, and it's no big mystery that Ohio's economy and job market sucks at the moment. He is wanting to go back there so he can work. Now, he also can't stand it here. I have two children, from a previous marriage (one who is special needs)...am in college, and working full time....so it's not as if I can just uproot and leave. He's not happy here overall, I also am mature enough to realize it takes two to make a relationship work.

So...my question is...if he wanted to leave to go back...and we have not applied for the Green Card, Work Authorization, or Advance Parole...how hard would it be for him to return to the UK?

Also, should it come down to him wanting to come back (I'm aware we would have to probably start all over with paperwork)...but what type of process would we be looking at then as well?

Thanks in advance to anyone who may reply.

Thank you both!!! This is great and will help

I changed mine....as I was married before to my children's father...and have been divorced from him for over 7 years...figured I needed a change...lmao

Would anyone happen to have a "cheat sheet" for a cover letter that is required for the AOS???

We should have filed this a LONG time ago, but due to various situations here (health, deaths, etc..) we were unable to until now. I am trying to get this in and submitted prior to his 1 year anniversary of his medical examination so we do not have to do that again. Any other suggestions would be great! (He entered the US the end of November 2007 --Medical was in October of '07--we were wed in Feb. of '08). Am hoping all I have to do is just submit all the proper paperwork and fees.

Thanks!

Thank goodness for that!! Thanks Kezzie

Thank you!!

Hello everyone!

I have a quick question when filing for the I-485 --as we are a little late in doing so. We got married in February....and are getting ready to send out Pete's AOS/I-485. His K1 expires in May.

When I'm making the check out for the I-485, does the $1010.00 include the biometrics also? I know it includes the advance parole and EAD, but I wasn't sure if that's the total balance or not.

Thank you Raymaga and Motu for your help!

Thanks Raymaga. My parents were co-sponsoring, as I fell short of the required sponsor amount due to being let go from my job after 5 years due to downsizing. I have since went back to college and am working full time as well for another place, however my income for the year hasn't caught up to where it should be.

I guess would I be able to use my parent's information still since they are co-sponsoring Pete, or would they need to have all updated info?

We are doing the Adjustment of Status, and I'm a bit confused on the Affadavit of Support information that is requested. Since we already submitted the Affadavit of Support during the K-1 Visa process, do we need updated information, or can we use copies of what we submitted in the original process?

Thanks in advance,

Corissa & Pete

Good to hear! Will keep that in mind for next year.

I was so pissed when I bought some cadburys milk chocolate from wallgreens to discover, it was just hersheys chocolate with a cadburys wrapper.

Any Cadbury's you buy around here is going to be made by Hershey, with the possible exception of Cadbury Eggs. That's all that we've found so far, at least. When I want to get Mags some real Cadbury's, I order it from the English Tea Store ( http://www.englishteastore.com/ ) I always get myself some Cheese & Onion crisps, too. lol

I just had to bump this post up...and THANK Rocinante for that link. Pete has been after some Mushy Peas to go with the fish and chips...lol. I seen quite alot on there I think we will be ordering...and some I've been craving as well. lol.

First off, you as a "friend" should have reported this @$$hole to the police. He definitely needs to have the cops called on him....and also..I'd be talking with his ex wives...do they know how he is treating the children as well? I agree also to the fact that other than her cousin...who does she have? It would be better to return to her home country....and visit her cousin in the US...rather than live with a p*ss poor excuse for a man.