hheaven67

She never got the visitor visa with the intention of marrying a USC so that is a bit different...I do know there are many that go that route as it's easier...in my eyes, it's no different than a student visa, they never had the intention of meeting & marrying a USC but it happens & they go thru AOS, this shouldn't be any different...

Anyone else have the KNOWLEDGE and answer that I'm looking for...wondering if she just has to go thru AOS...

Thank you!

Found my answer on another site but thanks anyhoos...

Entering the USA on a visitor visa with the intention to enter - get married and adjust status. That is Visa Fraud.

She never got the visitor visa with the intention of marrying a USC so that is a bit different...I do know there are many that go that route as it's easier...in my eyes, it's no different than a student visa, they never had the intention of meeting & marrying a USC but it happens & they go thru AOS, this shouldn't be any different...

Anyone else have the KNOWLEDGE and answer that I'm looking for...wondering if she just has to go thru AOS...

Thank you!

Hi all, sorry I haven't been on the site in a long time as my journey ended in May...I'm back in Canada & he's still in CA...I know I've read this before but need an answer quickly...

My friend's fiance has a vistor's visa from MX...if they marry in the US, can she just do AOS? Thank you!

Are you talking about filing a Cdn return or a US return?

Looks like you've been in the US since '08 judging by your timeline - did you file your exit return for Cdn taxes back then? Help us understand why you're concerned about Cdn income 3 yrs later?

Thank you Bob...I'm talking about CDN tax return and yes, most definitely have filed both returns every year till now, not sure what to do as I read that even if you have $0 CDN income, no matter what, you're still supposed to file. Just wondering if everyone else is doing the same... btw, they are completely messing with my 2008 & 2009 CDN tax returns, have been waiting since last May for them to fix the 2008 as I appealed both. They messed with my 2009 which screwed up my 2008, they approved my appeal on the 2009 and I'm still waiting to hear on the 2008 - they owe me over $3,000 but not being in Canada anymore, they don't care. Not like I can just take an hour out of my work day to reach someone and have them explain it to me, it's supposedly "complicated"! ugh!

Hi all, I received a 2010 tax book in the mail this weekend. If I don't have any CDN income, do I file at all? I heard somewhere that no matter what, you still have to file...not sure if that's right. Thanks a bunch!

jen

I'm an American. I've already filed the I130 for my spouse. We have a daughter and we recently sent our daughter to the US to live with my parents (for financial reasons). Our 130 was just approved Dec2010 and its already at the NVC. I want to get my wife to the US ASAP. So my questions are...

1. Can I still file for the K3? And if it is denied will I be charged for trying to file it? K3 is obsolete now

2. Is it necessary to apply for a spousal visa at this point (K3/CR1/IR1). What did you send the I-130 in for? Was it not for a CR1/IR1?

3. Now that my petition was approved on average how long until my case is completed and I can get my wife to the states. Depends, where is she from? that tends to make a difference.

4. When my wife finally gets to travel to US... must I be with her on the flight. Because I have some importance business in the US and financially I can't come back and forth to my wife and home all the time. Can she travel alone when it's time for her to enter the US? Yes

Any suggestions on what to do now? Is there any possibility that I can still be processed even though the I130 is already at this point??????. Please click on the Guides at the top of this site and follow the directions for IR1/CR1 visa...IR1 if you've been married over 2 yrs, CR1 if you've been married LESS than 2 yrs.Please we need help!

Hello everyone. I'm just looking for some guidance to what my next move is. Here's my situation. I left the Philippines when I was 14 in 1991 with a B2 visa which eventually got changed to a F1. I'm not exactly sure when my F1 Visa expired but I stopped attending school around 1996. I have a valid driver's license as well as a valid Social Security Number. I've been working and paying taxes since I started working in 1997. I've been very lucky I guess since I've been passing all the validation checks for all of my previous employers. My dad who passed away 4 years ago married a US citizen. As far as I know, she has not remarried.

Things are starting to catch up to me now and I really want to fix my papers now since I have that fear of eventually getting deported. How hard would it be for my step mom to petition me? I'm now 34 and unmarried. Since I entered legally, do I still get a 10 year ban? Do I need to go back to the Philippines while she's working on my papers? I've been with my current employer for 4+ years now.

Thank you all in advance

Sounds to me like you need some legal expertise here. As far as what I've read, you would most definitely be subject to at minimum, 10 year ban. Due to your age, I would think it would take approximately that long to get a visa thru your step-mom? Someone jump in here if there's another alternative...I don't know how your employer would react if you were to ask them to sponsor you & you paid the fees? Good luck...

Im sorry to hear that. Ill pray that things change for you. I am considering the U.S. because I am in a long term relationship with an american and I have a job that currently allows me to travel to the u.s. However it is not my field. The field that I want to work in currently offers me jobs in the u.s. However, I am unable to accept money due to not having a SSN. Its a job that requires a "talent" and I am looking to maximize. ie. Howard Stern/Oprah/Beyonce Those are my reasons for wanting a Visa at the moment. Not necessarily for a 9-5 job.

Thank you, I do too. Your situation is different then...not just wanting to move here to work here, you have a connection much more than career-oriented. If it's long-term, maybe you & your significant other could go the K1 route for fiances? Just a thought...

The field that you want to work in, could you possibly get your own CAN business license then get jobs in the US? I don't know if that would work...CAN vendors sell products to the US...you would be a CAN business contracting your services to the US & charging CAN $$...check this out: http://answers.google.com/answers/threadview/id/779307.html

Remember, Canadians can come to the US for 6 months at a time...might give you some time to come down & "research" the business plan? Feel free to PM me if you need any assistance with visa info, etc...

Good luck to you!

So when are you moving back to canada then?

As per what I said: "We can't afford to move anywhere due to the mortgage costs (we are upside down on our mortgage due to the housing crash) and we can barely make ends meet due to shortage of work." If it was up to me alone, I'd leave everything behind & be gone in a heartbeat!

Hi Guys!

I am Canadian and I am looking to work in the U.S. I went to university but only for 3 of 4 years many moons ago. I have tons of experience in what I want to do.

What will be required for me to work in the U.S.? Also...if it comes down to my education being a problem...what do you suggest? Can I study in the U.S.? Will it be

more expensive? Can I work and study?

Thanks!

Is there a particular reason as to why you'd want to come to the US to work when it is economically falling apart and there are thousands of American Citizens out of work?? Do you think they'd choose an immigrant over a USC? I am working for a year and a half now, took 300 job apps to get to where I am but due to me being the Canadian, I won't ever see a promotion...they will give that to the USC! Think twice before spending thousands of dollars to come here/go thru a visa process of any kind. We can't afford to move anywhere due to the mortgage costs (we are upside down on our mortgage due to the housing crash) and we can barely make ends meet due to shortage of work. Life is better in Canada right now, believe me!

Good luck on your journey...hope this helps you:

My sister petitioned for my visa way back in 1997 and it was only approved in 2005. This was the same year that she passed away.

Now in 2009, the NVC sends me the DS3032 form.

Her husband and adult children are still around. Can they be my sponsors?

Death of a Petitioner or Principal Applicant

October 19, 2006

Q: Am I still eligible for immigration if the original petitioner has died?

Typically, when the visa petitioner dies, the approved I-130 petition originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a “substitute sponsor”.

The Act allows the substitution of an alternative sponsor if the original sponsor has died and the Attorney General has determined that the petition should not be revoked for humanitarian reasons. The substitute sponsor must be a U.S. citizen or national, or an alien lawfully admitted for permanent residence, at least 18 years of age, and resident in the United States. The substitute sponsor must also be related to you as one of the following: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. As in the case of other sponsors, the sponsor must maintain an annual income equal to at least 125 percent of the Federal Poverty Guidelines.

Q: How can I reinstate a visa petition that was revoked by the death of the original petitioner?

In order to seek reinstatement of the visa petition, you must submit a statement to the United States Citizenship and Immigration Services (USCIS) office in the U.S. where the original visa petition was filed formally requesting reinstatement of the visa petition. The statement should list reasons why your case warrants reinstatement, such as your ties to the United States, or hardship that would occur to you if the request for reinstatement were not granted.

You must also include with your reinstatement request a Form I-864 Affidavit of Support completed by a “substitute sponsor”. This substitute sponsor is filing the I-864 in place of the deceased petitioner, and must meet all of the financial requirements of a sponsor pursuant to the Immigration and Nationality Act 213A.

With your reinstatement request you must provide documentary evidence of the death of the original petitioner, plus documentation of the relationship between you and the substitute sponsor. Finally, include a copy of your approved I-130, if available.

Q: What happens if the beneficiary of an immigrant visa dies?

In the case of the death of the principal applicant prior to admission to the U.S., the petition is no longer valid. This means that the consular officer will not be able to issue a visa to any of the derivatives of the petition and will be required to return the petition to the Department of Homeland Security (DHS). If the principal applicant has already immigrated to the US and is a legal permanent resident (LPR) when the petitioner dies, the derivative applicants (usually the children of the principal applicant) are generally still eligible to apply for an immigrant visa.

You should be able to find more info if you type in your search "F3 visa petitioner dies"...sorry for your loss...

jen

First of all, your status says that you're adjusting status so I would think that you don't have Citizenship yet. Secondly, for a sibling, I do believe it's at least a 10 year wait.

I am sorry for your circumstances...as the beneficiary, I remembered exactly when I had to mail in my app to remove conditions when I got my Conditional GC. Your husbands employment is based on his status, which he no longer has therefore, he is working illegally. I hope & pray that no one checks his employee file. Also, he should have only a temp drivers license based on his status as well...I know I have to mail in the extension letter to the DMV along with copies of my passport, etc. No drivers license = no insurance. Make sure you make triple copies of everything you send as I'm sure this application will mean an interview. You have been ill and yes, he's been busy BUT he should have known better...if he loses his job due to being here illegally, I'd hate to think what would happen to you financially and physically! Make sure HE sends in absolutely everything possible and HE writes the best letter of his life! Good luck to both of you!

My wife has a friend who came here on a K-3 visa almost 2 years ago and in August her visa will expire. The problem is her husband doesnt want to renew her visa, she keeps asking him about it but he either doesnt want to talk about it or he tells her he wants to file for an extension. She is feeling her husband just wants to control her and there are other things that point to this that we dont want to go into.

The question is what are her options if he wont file the papers for her extension?

Thanks for any help you can give us.

Rick...did they go thru the AOS process? so then she'd be either a Conditional Permanent Resident or Permanent Resident? that would give her a 2-yr "green card"...

Given your situation, Maria, I don't see any chance for you to ever be able to live with your husband in the US again. If there's a chance, it will take a competent immigration attorney to fight for you, and that costs thousands of Dollars and will take many years.

The only thing I can suggest at this time is to go to immigrate2us.com and post a question in the attorney section for free advice. In order for your question to be answered, make it short and to the point, like this:

Felon is being released from 8-year prison term and about to be deported to Mexico. He has been using false identification in the US. His spouse of 18 years, who's also the mother of his 2 children wonders if there's anything that can be done to bring him back to the US afterward, legally.

Thank you Bob...I will pose that question exactly on that site, greatly appreciated!

jen

HI JEN, THIS IS A VERY HARD SITUATION, WHAT I CAN TELL YOUR FRIEND IS TO TRY TO GET A LEGAL AID AND ALSO THERE'RE A LOT OF PLACES THAT PROVIDE ALL THOSE INFORMATION FOR FREE HERE IS A LINK FROM A PLACE THAT SHE CAN GET AT LEAST SOME INFORMATION ON WHAT SHE CAN DO. SHE JUST HAVE TO ENTER HER ZIP CODE TO FIND HER LOCAL OFFICE, I WISH HER THE BEST OF LUCK AND I WILL PRAY FOR THEM GOD BLESS YOU AND YOUR FRIEND.

http://www.adviceguide.org.uk/index/your_r...on_problems.htm

Thank you Yaya! all is appreciated!

hi hheaven67 iam sorry for your friend iam giving your answer only for base of my knowledge iam fond of knowledge iam crazy about gain knowledge my porpose only for here to discuss your case in this forum is only for helping people and invite people discuss your topic and give opnion only for base of knowledge because we are not the lawers we give advise only base of our knowledge

as my knowledge of usa immigration law if usc person marry to a illegal person and illegal person committing crime and if illegal person arrest and illegal person costody in immigration officer hand then lawer cannot do any thing even lawer cannot take case in court because illegal person canot have any civil rights to take case in court because when he committing crime he lost every single civil rights but isuggest you you can immediately hire a lawer and talk to him is there any single hope and way out

as far as maria case she hav a civil rights to hire a lawer and take her case in court and maria have only choice to prove her case in court that she is not involve in any kind of crime and criminal activity with is husband if she prove in court that she is not involving in his husband illegal activity and any kind of crime and iam 100 npercent sure if she prove case goes in her favor

as far as maria husband case immigration officer only choice to deport maria husband and i think usa goverment ban him for life time

and please remember in mind iam giving our opnion and advise only base of our knowledge and please dont act my advise untill you dont consult with your lawer

and i will pray for your friend family every thing goes fine

Thank you Mustafa...your kindness is greatly appreciated....I don't think she has much of a case unfortunately & it would take years I am sure...

immigrate2us.net specializes in difficult immigration issues and has a lot of help and a weekly free chat with a very good lawyer.

Thank you NigeriaorBust...I will make sure "Maria" checks this site out...much appreciation!

Hi everyone, this is really complicated & I don't think my friend has any hope at all having her hubby here with her but here is the situation (I work with this gal & if I was to ever leave, she'd probably be the only one I'd keep in contact with...she is a good, good person):

Let's say her name is "Maria"...she & her hubby, "Mario", have been married for 18 yrs with 2 children....8 of those yrs he has been incarcerated (I've never ask her what crime he committed but know he has 3 DUI's under his belt-binge drinker) & is soon getting out. I just found out that he has been transferred to a prison near San Diego and they are planning on deporting him. Maria tells me that Mario told her that they've been using a wrong name for him all along...Mario told them that wasn't his name but they insist that his "name" goes with his fingerprints. She cannot afford an attorney nor can she even afford to drive to San Diego to visit him before deportation (approx. 6 wks away)...is there absolutely any chance at all they he would EVER be able to get a visa? The kids are USC's and so is Maria but as soon as the criminal record check comes up, his fingerprints will link him to this 'alias' name...would he have a lifetime ban being illegal here and committing a crime even to put him behind bars that long?

Thank you in advance, for all replies...I wish I could give her some sort of hope...

jen

The K visa for spouses *may* provide a major benefit for older stepchildren. Until now, a US Citizen would file an I-130 for the foreign spouse, and separate I-130 petitions for each child or step-child. Stepchildren would only be eligible if the marriage took place before the stepchild's 18th birthday. The revised I-129F will automatically include all children under 21, with no separate petition required, removing a major disparity between current K1/K2 and spousal immigrant visa processes. However, Although a separate I-130 petition is not required for the children to obtain a K4 visa, an approved I-130 petition is required before they may be approved for Adjustment of Status to permanent resident. The I-130 petition still states the U.S. Citizen petitioner may not file for a stepchild, unless the marriage took place before the stepchild's 18th birthday. This detail must be addressed, in order to prevent an older stepchild from moving here on a K4 visa, yet being denied approval of the I-130 petition.

this is what i was talking about, when they told me i need to file an i-130 for him although he came ni with his father on a k4.. so technically am i filing for him as my CHILD in the box options?

You are correct, you must file an I-130 for your step-son as my husband had to do for my son....yes, more money! ugh...you can file all forms concurrently. Good luck!

jen

I am wondering if they will continue with the K3 process where there are kids named on it as these people weren't anticipating having to pay the fee for the I-130 for kids....on a K3/K4 visa, they have 2 yrs to do that (the length of time b4 it expires - at that time, you can send in the I-130, 485, 765 & all other necessary forms, all together - that is what I was told as I have a 17 yr old that has K4 status). I am thinking that the petitions that come in AFTER Feb 1, 2010, must be for the CR1/IR1 process, K3 would not be an option after this date.

No, being married to a US citizen does not entitle her to live or work in the US. To work in the US she'll need a work visa, typically requiring being sponsored by a US company, - which can take up to a year to get. Work visas are becoming increasingly difficult to come by with this economic situation.

Good luck

It took me almost a year to find work in the US, applied for 300 jobs, finally landed one last June! I was faced with MUCH racism and in this economy, they are going to hire their own (USC) unless you meet the RIGHT Manager plus with SO many unemployed, a company isn't going to pay out money for a working visa....sorry...

I was in Saskatoon, SK & hubby in Ventura, CA....that is around 3000 kms or approx. 1900 miles! When I flew here to Ventura (actually Santa Barbara most times) it took anywhere from 3 to 4 planes each way. I never flew until I met Jim...from the first time I flew out to the last time (less than 1 yr), I had 42 flights under my belt (includes flying to Vancouver for interview)! We were "officially" engaged the night before we got married so we were engaged for around 15 hrs! anyone beat that time? lol

All, Would moving to a new house and change of address will cause a delay in filing and updating cases? (In my case, I-130 and I-129F for wife's K3). Has anyone had any experience with this? Do you have to report the change of address? can you still keep permanent address the same (especially if you're only moving 2-3 blocks away)? I know that FBI checks are done for security checks and I'm wondering if getting a new utility bill with the new address would show up on their "grid"? Anyone have any experience with this?

Hoboken...it's not that difficult: https://egov.uscis.gov/crisgwi/go?action=coa

I would do it just in case they send you mail...good luck...

jen

Thanks for your help.

This will be useful for me.

You're welcome, good luck to you & your love!

Can, somebody respond. This is very urgent

I don't know what a birth certificate is like from your country but I found this thread, hope it helps!

http://forums.immigration.com/showthread.p...for-I-485/page2

jen

I met my wife through an Indian matrimonial website and am now waiting for her I-130/129F K3 to get approved (I'm a US citizen of Indian origin and my wife is Indian). Just wondering if anyone on the website has met their spouse through such websites and applied for K3 visas (would specifically like to hear from Indian folks who met their spouses through websites like shaadi.com or jeevansathi.com or indiandating.com) and what your experience has been through the approval process. My wife and I had a relationship (online, phone etc) for 2 months, realized we loved each other and wanted to get married and did so. When I sent the I-129F in, I sent them all the info - starting with acceptance notices of when my wife accepted my initial contact through the matrimonial website, all phone records proving our relationship during our "courting" period, a whole slew of our emails and chats showing evidence of our relationship, receipts of -1800 Flowers of flowers that I sent her etc etc. So wondering what people's experiences have been in similar situations.

You may want to post this in the India portal: http://www.visajourney.com/portals/index.php?country=India as you are asking specifically to hear from Indian folks...