steppinthrax

OK thanks,

That is what I thought. I just got all the info filled out for "Petition for change of name". Yes, the Nat Cert is 345!!!!! I'm going to try to do this w/o changing the Nat cert. I hope I don't have to do that.

Weird question here, my wife changed her name during the naturalization process. The new name was printed on the Naturalization certificate. However, she now wants to change it back to what it was before.... All the old documents we have (Driver's License, Passport, etc...) has the old name. Our question is what's the simplest way to do this. My thought is I would have file all the appropriate documents with my state to perform a name change (like any normal name change). Is there a way the Naturalization certificate can be "modified" to just change the name? Are they the system of record, for the name?

I see Laurel's Fees ($6,000 for an I-601 and the same for re-appeal). Just exactly how good is she. Does she have close to 100% approval rate?

Essentially this is the deal. The thing keeping my wife and I from filing an I-601 is the fact that if it is denied she will have to wait 10 years to come back. Everyone should know this by now. How do you deal with that situation. Do you just say the hell with it and do it anyway. Is that true you can keep on re-filing a I-601.

Consider if you working with an attorney. As long as you keep trying and you are serious and correct the mistakes will you eventually get an approval. Is this statistically accurate?

I'm curious how this would be worse than someone entering the US on a tourist visa, failing to return and then getting married to a US citizen? Is there something specific to a K1 that bans them?

People can adjust from a tourist visa as long as they can prove that they did not have the intention to marry and stay when they entered the country. It is only ok when it is a spontaneous decision. If they previous planned to marry, they must go through the K1 process - that's why the K1 exists.

The K1 is specific to ONE PERSON. The entire petition process, security checks, police certificates, medical exams, interview, intent to marry, financial support etc. is in reference to ONE PERSON. The USCIS is not exactly a forgiving entity - you cannot just say "well, we went through this entire process but we changed our minds. I stayed in the country (illegally) and found someone else I want to marry". It doesn't work that way.

That's why the OP will have to go home to interview and go through the 601 waiver process.

Kitkat1

Our attorney did mention that we must do an I-601. The reason why we never done this so far is because the large risk involved. My wife has been illegal since 2000. However, we've been married 4 years so far. Our attorney did mention that if she stays in the country for 10 years she can go ahead and file the application for greencard I-485 and then she will have to go to court and argue a hardship. He said this is much less of a risk. The problem is that my wife was talking to our attorney and I'm not too sure what form of legal procedure she is talking about she mentioned he said it was asylum. I though you can only do asyum after a year or so. Do you know what I"m talking about. I'm also curious if she can work. Do a small side job somewhere. she will be doing this illegally of course. But, from what I understand illegal working will be forgiven since she has a US citizen spouse. If caught she can always do voluntary depart and/or since we have a child it will be unlikely they will deport.

My wife is currently illegal. I'm a U.S.C and we will need to do an I-601. I was told that if she were to work that would be forgiven since she is the spouse of a USC. She came in with a K-1 but didn't marry the person whom petitioned for her K-1. She has a SSN card but it dosen't say anything like "not authorized to work" etc... It looks like a reg US citizen SSN card. She also has a drivers liscense. She's been in the US for 6 years so far. I was looking at the I-9 and it only requires like a driver's liscense and a SSN card for two forms and it's never sent to INS but filed with the employer for 3 years max.

Is it possible for her to work. Could this hurt her.

Hello

I was reading the topic about persons who have immigration problems petitioning the gov for private bills. They essentilly send this to the house immigration commite and get a senator or house member to support this. The information you send the official is similar to and I-601. However, in a I-601 where you have to leave the U.S. and there is a possiblity that you may never come back with a private bill if it fails there really is no punishment to you rather then a small waste of time. Anyway i'm looking for information on how to do this?

I am pretty sure that you can not file a waiver to avoid the K1 stipulation of being able to adjust in the US. It would I am sure have been mentioned if it had ever been done.

That's what I think too - that a waiver is not available to address the K1 violation so even if a 601 forgave the illegal presence, wouldn't there still be the K1 issue? Maybe they would just need to start from the beginning with a spousal visa and then a 601 for the illegal time? Then again, that also wouldn't be doable in the country since she still wouldn't be able to adjust in the country. Has the lawyer explained if returning to China is the only option? Without a valid asylum claim, it seems like might be the case.

My wife and I spoke to at least 5 to 8 different attornies regarding her matter. All of them said that she has to leave the US and we have to file an I-601. He informed us once the I-601 was approved she had to re-enter with a visa. The asylum situation was something that our attorney recently explained to us due to new laws in China.

I don't know anything about asylum cases. But as far as I understand, a 601 waiver will not overcome the fact that she violated her K1 visa by not marrying the original petitioner or going home. Technically it *sounds* like it would address the illegal presence issue, but I don't think it overcomes the visa violation. Has you lawyer addressed this issue? Also, you generally would not file a 601 in advance of anything - you would be told to do so at the adjustment of status interview after her adjustment is denied.

Our attorney informed us that the I-601 waiver is the waiver for the 10 year bar that will be apposed on her when she leaves the U.S. She did violate the visa in the fact that she didn't leave the country immediantely within the 90 day period when she found that she couldn't marry the petitioner on the visa. We were planning to file an 1-601 after she had left the country.

I guess I don't know which fourm to go about this because I didn't see any specific section on I-589s. Anyway My wife came in from China with an K-1 fiance visa but she didn't marry the person whom petitioned her visa she married another US citizen instead because the relationship with the peitioner didn't work out. Anyway she has been illegal since 2000. Any of you may know that with a K-1 you can only adjust in the United States with the petioner that you married. Therefore we had to do the I-601. We decided to hold off for it because we were waiting for the new law if any to come out. Anyway, a new law in china came about where the 1 child policy in china now extends out to foriegn chinese nationals that have babies out of the country. If they were to bring them in there is a posibility the govt will force abortion or take the child away. We have one daughter here in the United States. Our attorney informed us that if my wife were to become preg again he can instead file an application I-589 for asylum based on the fact that if she were to go to china being pregnant and already having a first child the govt could force an abortion. I don't know if this is possible considering that our first daughter is already a USc. But according to this http://en.wikipedia.org/wiki/One_child_policy twords the bottom it is indicating the policy applies to children born outside of the China.

Anybody have any info on this.

Thank You