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AMAXX

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    6
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About AMAXX

  • Rank
    Newbie
  • Birthday March 15
  • Member # 386459
  • Location Olivehurst, CA, USA

Profile Information

  • Gender
    Male
  • City
    Olivehurst
  • State
    California

Immigration Info

  • Immigration Status
    IR-2
  • Place benefits filed at
    California Service Center
  • Local Office
    Sacramento CA
  • Country
    Philippines
  • Our Story
    IR1 & IR2 since Dec of 2019.

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  1. Thanks John. Ultimately it is my fault, as I told my wife, I did ask, and took courses, but no matter what, it must get rectified and I am working on it. Namaste
  2. Thank you Boiler. That is what I understand also. There is no way I would condone nor they can be separated. This is not a good situation. This is a fault in the manual rules that needs addressing. Thank you again Boiler. Happy Resurrection Day.
  3. What Is the Purpose of Form I-130? A citizen or lawful permanent resident of the United States may file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to establish the existence of a relationship to certain alien relatives who wish to immigrate to the United States. Who May File Form I-130? 1. If you are a U.S. citizen, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for: A. Your spouse; B. Your unmarried children under 21 years of age; C. Your unmarried sons or daughters 21 years of age or older; D. Your married sons or daughters of any age; E. Your brothers or sisters (you must be 21 years of age or older); and F. Your mother or father (you must be 21 years of age or older). 2. If you are a lawful permanent resident of the United States, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for: A. Your spouse; B. Your unmarried child under 21 years of age; and C. Your unmarried son or daughter 21 years of age or older. NOTE: 1. If you are filing for your spouse, he or she must complete and sign Form I-130A, Supplemental Information for Spouse Beneficiary. If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign Form I-130A. Form I-130A must be submitted with Form I-130. 2. There is no visa category for married children of lawful permanent residents. If you are a lawful permanent resident and you filed Form I-130 for your unmarried son or daughter, but your son or daughter marries before immigrating to the United States or adjusting status to lawful permanent resident, we will deny or automatically revoke your petition. 3. Non-citizen U.S. nationals (as defined in the Immigration and Nationality Act (INA) section 308) have the same rights as lawful permanent residents to petition for family members. If you are a U.S. national born in American Samoa or Swains Island (or who otherwise qualifies as a non-citizen U.S. national, as described in INA section 308), you should indicate in Part 2., Item Number 36. of the petition that you are a lawful permanent resident. You do not need to list an Alien Registration Number (A-Number) in Part 2., Item Number 1. of the petition. 4. If the beneficiary qualifies under Items 1.C., 1.D., or 1.E. above, you are not required to file separate petitions for the beneficiary’s spouse or unmarried children under 21 years of age. They are considered derivative beneficiaries and you should list them in Part 4. of this petition. If you are the lawful permanent resident petitioner and the beneficiary qualifies under Items 2.A., 2.B., or 2.C. above, you are not required to file separate petitions for the beneficiary’s unmarried children under 21 years of age. They are considered derivative beneficiaries and you should list them in Part 4. of this petition. 6. The derivative beneficiaries described in Items 4. and 5. above may apply for an immigrant visa along with the beneficiary The only eligible relative is the spouse... When filling or answering the online questions it says to add her daughter, we did and did on 130a as well. I am a step parent to the 19 yr old when married, so item 3 below technically would prohibit me filing for my stepdaughter... The rules also say... . Who May Not File Form I-130? You may NOT file Form I-130 for a person in the following categories: 1. An adoptive parent or adopted child, if the adoption took place after the child turned 16 years of age, or if the child has not been in the legal custody and has not lived with the parents for at least 2 years before filing the petition; 2. A natural parent, if you gained lawful permanent resident status or U.S. citizenship through adoption or as a special immigrant juvenile; 3. A stepparent or stepchild, if the marriage that created the relationship took place after the child turned 18 years of age; 4. A spouse, if you and your spouse were not both physically present at the marriage ceremony, unless the marriage was consummated; 5. A spouse, if you gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful permanent resident, unless: A. You are now a naturalized U.S. citizen; B. You have been a lawful permanent resident for at least five years; C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law; or D. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse; 6. A spouse, if you married your spouse while he or she was the subject of an exclusion, deportation, removal, or rescission proceeding regarding his or her right to be admitted into or to remain in the United States, or while a decision in any of these proceedings was before any court on judicial review. However, you may be eligible for the bona fide marriage exemption under INA section 245(e)(3) if: A. You request in writing a bona fide marriage exemption and prove by clear and convincing evidence that the marriage is legally valid where it took place and that you and your spouse married in good faith and not for the purpose of obtaining lawful permanent resident status for your spouse and that no fee or any other consideration (other than appropriate attorney fees) was given to you for your filing of this petition. The request must be submitted with Form I-130; or B. Your spouse has lived outside the United States, after the marriage, for a period of at least two years; 7. Any person, if USCIS determines that he or she entered into or attempted or conspired to enter into a marriage in order to evade U.S. immigration laws; and 8. A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or parent-in-law.
  4. Thank you Aaron & Hank. The I-130 instruction page says one filing also if a child is a derivative. I will be slowing down my wife's NVC pace as well. That is all I can do. The manual needs work but I am at their whim. Thank you again. Regards
  5. I am a Christian and got married in the Philippines, because I did not believe in shacking up. I notice that USCIS encourages I-130 process for all married in the Philippines, and a fiancée requesting their fiancé to immigrate. My problem is, I used the new online system, and spoke to a tier 1 person to clarify I only needed 1 I-130 application. I submitted 1 added the child, added the I-130a and added the child. 14 months later we were approved, but found out The child was not represented. NVC said i must submit an I-130 for the child, which goes against the rules, but I did it anyway. Now we wait... What rights do I have to insure they both can (must) travel together?
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