lucy4

More fun with NVC. They sent an email asking for the I-864 instead of the I-864w. The woman I talked to at NVC did not know who was allowed to file the I-864w and said I should just file the I-864. Will try and get to the bottom of this.

LUCY4 - I will let you know how this goes as I think you will be in a similar position.

Oh lord... I knew I should have waited. Tomorrow, he becomes a citizen. Lol. Im just kidding. I really hope they accept the W though, because I REALLY dont want to give them my info. Lol

In other news, I finally got my NOA1. Now that I finally relaxed after i found out that I didn't really need it. Lol

Whahooooooooo case complete! Please interview come quick. Mommy just bought the cutest purple Uggs for cold winters in California!

Lol. This post is too cute. Congrats, I hope you have your interview soon.

Don't worry. I sent 2 separate i130's in January. I only received the paper copy for one of them in the mail. But i did get my email for both of them. You will never need the paper copy any way. As long as you got the email you can use it to check the status on line.

Thanks. I thought I might need it at some point later like during nvc or something. I already added the case to my portfolio online, so I guess I dont need it.

Hey guys, I just realized that I havent received NOA1 yet. I sent the pkg on 7/26 and my check was cashed on 8/2. I used the case number from the email and text to check online, it is in initial review. But it says that on 7/30 they received my petition and mailed me a notice on how to proceed etc etc. I assume my priority date will be 7/30. Today is 8/9 though, and I still havent gotten NOA1. Should I be worried? Should I call them up? Is there any way to get a duplicate?

Hello, Do you know the normal turn around time for USCIS to cash or process the Moneygram Money Order? Sent I-130 to Petition Parents in July 27 or last week, and when I checked the status of my MoneyOrder today, says it is still outstanding or has not been cashed yet. Has been over a week since they got the packet. Bit worried here. Thanks

I sent an i130 in on the 26th, and the check was cashed about the 1st or 2nd of august. I would think it varies depending on where it was submitted though. Mine was the chicago lockbox.

lots of people read this site, and take from the threads hereon information they believe to be accurate. when we see inaccuracies it is our responsibility to correct them.

the terms of service on this site forbid us from aiding and abetting illegal activity. that is what this thread is about, in essence.

Ive seen lots of topics on this site where people ask about what course of action they can take after overstaying their visa and trying to become legal. She did the same, and her children are here legally. I dont know if you work for uscis or not, but I dont so Ill leave it up to them to deport her. Til that happens, if she can correct her situation and stay with her children legally, better for her. Im all for people bettering themselves and their situations. If I think its shady, rather than accuse people I know nothing about of buying green cards etc, Id just not post.

How old is the kids who is USC?

17

most likely a falsified green card that she tells people is legitimate.

you can buy one in most major cities for $200 or so...

there is no legitimate way, unless the father is USC and is paternity tested.

You dont really have to post anymore. I wouldnt want to make you an accessory to her pursuit of becoming a documented democrat.

Courts are not involved in getting a green card unless it's an immigration court or a lawsuit is involved. You don't go to immigration court unless you're already in big trouble with the US government. You don't file a lawsuit until after you've gone to immigration court and failed.

Immigrants who are in the country illegally will often make up stories about their status or the status of their family members, hoping that the person listening doesn't understand enough about immigration to know whether the story is true. I had a neighbor once who came to the US by walking across the border with his wife and two kids. They had one more kid who was subsequently born in the US. He told me that the kid born in the US made it possible for his other kids to qualify for green cards, and said they were in the process of getting those green cards. At the time, I didn't know any better and just presumed it was true. A few years later, all of them except for the kid who was born in the US were in removal proceedings, and he finally admitted to me that the green card story was a lie. He made it up because he didn't want me to think his kids were illegal.

Unless your friend's kid has a parent who is a US citizen then the kid isn't eligible to adjust status and get a green card. Maybe they're applying for deferred action. That's not the same thing as a green card, and it will never lead to a green card. It's a temporary stay of deportation with an option to get an employment authorization card.

If your friend manages to stay under the radar until her US citizen child is 21 then her child can petition for her. Since she'll be an immediate relative of a US citizen then her overstay won't be an issue. The other kid is a problem, though. The US citizen child could also petition for the sibling when she's 21, but that won't be an immediate relative category - the child would need to have current non-immigrant status in order to adjust status and get a green card. Same thing if mom petitions for the kid after she gets her green card.

Maybe your friend will get lucky and fall in love with a US citizen...

Thanks. I dont really know much about the non citizen child status, we didnt get to discuss it too much. The points I made were just what I remembered from our conversation. I do recall her mentioning a specific title of the legal act, but I dont remember it. I think it was special immigrants juvenile act, or something to that effect.

As far as her status, she is actually already dating a citizen and will probably go that route. We were just discussing what other options she may have.

if she is illegal then she is illegal, and should self deport immediately.

why would we help her circumvent the law?

that would make us accessories to the fact, and also violate the terms of service for this website.

Thanks for your help.

How is the other child getting legal status?

Im not sure of the agency, but she got some legal help, went through the courts and everything.

YAHH good luck!

Okay Im celebrating NVC says my step-daughters case was complete on 8/4/12. They are just waiting for a date for the interview and before I could ask she says, "AND there is no time line I can give you." LOLOLOLOL....oh she loves her job hungh!

SOOOOOOOOOOOOOOOOOOOOOOOOOOOO how long you think before the letter with the date!!! Anyone anyone??

yay! Im excited for you. They may not be able to give you a timeline, but what you can do is harrass the embassy with emails or phonecalls when you think they have the file asking them, and they will probably reply with the date. Thats what I did during the K1 process... but then again, everything is so swift and online now, that youll probably receive an email with your date before you even have to call them.

Oath ceremony 8/21

Im back from vacay, and got the email stating that they accepted the I130, and it had the case number. I havent received NOA1 yet, but the case number works online and says its in "Initial Review". I also received my hubby's oath letter while away, so he will definitely be a citizen later this month. I am hoping for a smooth ride through this process.

Once her daughter is 21 she can petition and that woman you know will be able to adjust the status within US - overstay will not be an issue. If she leaves and gets deported in that time, then she will have a ban which she will have to wait out or apply for a waiver.

Ok. Wouldnt she have to go to the embassy in her home country though? Or when the daughter petitions, does she just put the US address for the mom?

I know a woman who is here in the US (illegally) with her two minor children. One child is a citizen, and she is currently in the process of getting a GC for the other child. Her visa has not yet expired, but she has overstayed her allotted time by about 2.5 yrs. Is there any way that she can become legal? I was telling her that her daughter can file for her once she turns 21, but now Im wondering about the overstaying.

Would her daughter just petition her and she return home once its approved and go do her medical etc. What problems will she face because she overstayed her tourist visa?

Question about the parent of a US citizen minor who is here illegally. She has overstayed her visitors visa, and wants to stay permanently. Once the child turns 21, will she be able to file for her? How would it work since she is already in the country. Does she just skip straight to the 230 form?

Finally mailed my I130 today.

It's ok Lucy Thanks for your concern And really appreciated your positive feed back...yeah who knows by now i doesn't matter it's what its Life is waiting for me so there for i'm gonna go and live it to the fullest! just a quick question can i still travel? would they let me back in?...thanks

I don't see why not, your green card is still valid. I just hope they didnt flag anything, where they give you a hard time. I think you'll be fine though.

OMG my Amigo!!!!!!!!!!!!!! you're like an Angel i feel exactly the same way Nothing can be done. Its time to let go and move on. Its over, its done LIFE GOES ON ... yeah I'm definitely happy I still have my green card ...I can careless about the citizenship I'm a 100 % Nicaraguan and I always will be! Thanks for being a good friend and for al your great advice! GOD BLESS YOU!

I'm sorry, but glad you can move on in life. Just renew every ten years, and you're good to go. At least this way, if you surprisingly get a letter one day saying you're scheduled for oath, it will be a pleasant surprise. If not, you're already at peace with it.

Finally scheduled for oath.

This is a lil off topic from this thread, but I just wanted to share that my husbands oath has been scheduled. That means my step daughter will be a citizen upon entry, and I will be able to file 864w. Yay! Thanks beejay for informing me about that.

I love you beejay! (just incase no one has told you that today!)

Anyway, I'm almost certain it's for an interview. that's mainly why people get sent to their local office. My thing is is that I need the interview NOW!!! I know they are about to send me a letter saying, "your case has been sent to your local USCIS office, if you haven't heard from us in 6 months, feel free to call us." I know this because I already have one of these letters sitting in my file. And it's been over 4 months with that case and I haven't heard a word since.

THIS CAN NOT HAPPEN WITH THE BOYS!!!! So as soon as I know that the case is actually here in Chicago, I'm going to make an InfoPass appointment and go to the USCIS office, with ALLLLLLL off my paperwork, pictures, chats, texts, emails, western unions, blah blah blah, and I'm going to sit my butt down in that office and sit there, and sit there, and sit there, until someone gives me interview after interview after interview and approves my boys!!!

At least that's how I see it in my head. lol we'll see how it really goes down this week!

I hope everything goes smoothly for you.

It is one less thing to worry about

When you reach NVC stage your (step) daughter will still be the immediate relative of a USC (you) so your husband's status won't change her visa category which will be IR2. She cannot 'derive' citizenship from your husband while she is outside of the US - your husband would needed to have been a citizen when she was born and met a 5 year residency requirement as a USC prior to that in order for him to pass on his status to her while she is abroad - in other words for her to qualify for CRBA and to get a US passport. In the case of your daughter and my kids they will have a 'claim' to citizenship through parentage only after they have been admitted to the U.S. on a valid (immigrant) visa.

Because of that we still have to go through all the fun stuff of the I-130 process including embassy interview. I have not heard of the medical being waived but because the AOS has to do with making sure an LPR won't become a public charge once in the US and as your daughter will have claim to citizenship once here and therefore eligible for means tested benefits is why the AOS is waived versus the medical which is about being eligible to be admitted to US i.e. prior to her being a USC, which is why I suspect it will not be waived. I would love to be wrong on being able to skip the medical and I will look into it a little bit but I suspect that because they are dealing with two different things that won't be the case.

It should be noted that if you do not get documentation to prove citizenship of your daughter once admitted to the US and prior to her turning 18 (either by filing the N-600 or applying for a passport) then I believe she will have to apply for her own citizenship (N400) after 5 years of residency (time as LPR prior to turning 18 will count).

Hope that explains it Congrats on your husband getting close to citizenship - it is an exciting thing!

Beejay, you are definitely a class act. How wonderful of you to want to research further. You are such a wealth of information.

I know she won't be a citizen til she gets here, it just sucks that they won't allow her to come here. Life would be so much easier. She has been denied a tourist visa more than once, and I suspect it's because her father is a permanent resident. I strongly believe this whole process is about what makes them more money. I'm not complaining about her doing the medical, it's just that there is no embassy in the country and they have to go to another island to have medical etc. done, then wait there two days beforepicking up the results and having interview. It sucks, because we need someone to take her. That's two plane tix, hotel accommodations, and cabfare back and forth from embassy, medical facility twice, food etc. it's such a difficult process.

I just wish she could either come here and I take care of the aos stuff here, medical etc. or she have her medical done in her home country, then just go to Barbados with the results for the interview. We have no choice so we will do whatever it takes. I'm just venting. I really hope her mother is willing to take care of that part without a problem.

On a brighter side, what u taught me about the 864w is priceless. I had issues with providing them with all my financial info for the interview, and now hopefully I won't have to. Thanks so much for sharing your knowledge.

Gotcha.

For your other concern, we were in the same situation. My husband was going through naturalization when we filed for the kids. There really isn't a reason to wait as you are a USC and she is your immediate relative so having your husband file will just mean waiting until he is naturalized and a later priority date, not faster processing - so I would say go ahead and file for her. But where it does make a difference is that if he is a USC by the time you get to NVC and have to fill out AOS you are waived from proving financial support as his daughter will be considered a USC after she enters the US with her visa. So you will fill out the I-864W and not the I-864. If your husband has already finished his interview and is waiting for his oath letter then it sounds like he will be a citizen before you get to NVC so no need to stretch out filing for that purpose.

When his daughter enters the U.S. she won't have any documentation that she is a USC but you can either fill out the $600 USCIS form to get her a certificate or go to the post office with her birth cert (showing your husband as father) and your husband's naturalization cert to apply for a passport which can/will serve as proof of citizenship.

Thanks, I didnt even realize that about the 864W. That is wonderful. I wish she could skip the medical etc, since Im pretty sure she'd be classified as a derivative citizen once the petition reaches the NVC.

lucy4 - I agree with Kazulie. I think you should think about filing your petition to at least get it approved from your service center and receive a priority date. Then you can take things slower at NVC to control when your daughter would arrive. Here is a thread talking about how that would work. The service center part of this portion is the hardest to predict and timelines can change overnight. It would be easier to keep to your schedule if you can get the more unpredictable part (as far as processing time)at the service center over and done with. But you should do whatever works for your situation

Kazulie - Late April approvals should be coming pretty quickly. Your time will come!

Thanks Beejay and Kazulie. I am going to file, but I just mean I'm gonna take it easy as opposed to rush rush rush and wanting everything yesterday. lol. Thats how all of my USCIS dealings are, unfortunately.

But when I said hold off just for a little bit, I meant that literally. I'm filing next week. I had everything ready to mail last week, but when I had made it to the post office, they closed in my face. Then I realized its probably better. We are actually going on vacation next week, so rather than file and have noa1 sitting in my mailbox, and me checking tracking status and bank acct like a mad woman, I decided to wait til the day we leave or the day before so that noa1 will arrive right around when we return. She isnt going to make it for school or Christmas break, so I dont need to go crazy over it. I will be filing in July though.

My other issue, is that my husband is waiting for his oath letter to become a citizen, so Ive been debating whether I should just wait and let him file for her. I dont think it makes much difference though, so Im not going to wait.

Hey, fYI ---It says right on the I-864 checklist, Tax returns INCLUDING W-2's.

Oh wow, i don't remember sending w2 s with my previous petitions, just the transcripts.