Lisa B

I am in a situation where by I want to send off the I-130 AND the I-129F - where you just stated about needing the NOA1 was where I was getting confused - can I send the two forms together, then, or should I be waiting until I get notification of the I-130?

Im interested in seeing how filing the two forms together worked out for you.

Thanks

Good Luck!

xxx

You did not mention the most important quaification, you need to have non immigrant intent when you entered, so if you come back with that intent, its a no go.

Yeh, i know. I never intend to stay when i come over. I have a job and a life in England and only get so much time off every year to travel.

When you enter at a point of entry you're effectively prooving that you are entering without the intent to stay, coz if you get let in, they stamp your passport and effectively agree that they feel you are telling the truth. Which is almost where the loophole that isnt really a loophole at all, is.

Point being though, if i did go over intending to come back like this time but something came up like money or a new job for my husband or a change in some kind of circumstances, the opportunity is there to change my mind.

We can't currently afford for me to stay anyway and i'm not about to get myself a 10 year ban coz im not stupid. If I intended to try and stay i'd have tried it by now. I've been back and forth over there for almost 2 years.

An I-130 does not have derivative benefits like the I-129F

What does this mean?

Only trouble with this though, is that i entered on a visa waiver and by doing that you waive your rights to be able to stay and adjust status.

You waive your rights to appeal, you can adjust, thousands do it every year.

I can't find ANYTHING that suggests that I would be able to stay if I were to change my mind now

Post above, for a start.

- it would also looks far too suspicious seeing as the last time i came over i didnt bring my son and now all of a sudden here i am, with my son and TA DA! want to stay.

That depends, in itself impossible to comment.

I have to fly home tomorrow and have no time to see a Lawyer with reguards to the situation.

SO frustrating because if i don't go tomorrow i wont be able to afford to go back for months as i could not afford the ticket.

You may be able to re-book for a change fee, if you stay and adjust it will be 3 months or so before you could work.

WAIT! I just looked aaround a little and it turns out that yes, you are exactly right.

You are NOT, apparently, eligible to apply for AOS within the USA if you have entered the USA on a visa waiver.

HOWEVER. This is in exception to something in the INS (section 201 ( b )) which states that this does NOT include immediaterelatives (thats me!).

Apparently, as long as you have been inspected at a port of entry and did not enter illegally (this is to be proven) and decided to stay and adjust status you can do so as you have effectively been "inspected" at a port of entry and granted permission to enter therefore having been granted that you were planning to enter without staying etc (its a bit more complicated than this but its pretty much a tiny void of a almost-loophole, but not really a loop-hole because its fact and possible, they just seem to hide it behind informaiton such as by telling you you are NOT allowed to AOS unless blah blah blah as stated in section 201 ( b ) of the INS!! - so they basically do say, "if you get in, you can stay, but you have to get off your ####### and look up what section 201 ( b ) has to say for itself first so that you know".)

I don't know if that will help anyone?

I've decided to still go home tomorrow because we need the money i get from my job and my son has school. We are going to take our time over these forms and make sure we get it right so that I either come back on holiday in a couple of months, should i be able to afford that, OR just say screw the back and forth stuff and just wait MONTHS for the visas now.

Either way, i'm a little more optimistic about the situation thanks to you guys

I'm filling out the I-130 (well, my husband is) and were wondering if anyone could clear up weather we needed to fill in a separate I-130 for my son or if he'll automatically derive status from me if and when i get a green card?

Also, would any of you know if we need to fill in a G-325a for my son?

Thanks

Lisa

Only trouble with this though, is that i entered on a visa waiver and by doing that you waive your rights to be able to stay and adjust status.

You waive your rights to appeal, you can adjust, thousands do it every year.

I can't find ANYTHING that suggests that I would be able to stay if I were to change my mind now

Post above, for a start.

- it would also looks far too suspicious seeing as the last time i came over i didnt bring my son and now all of a sudden here i am, with my son and TA DA! want to stay.

That depends, in itself impossible to comment.

I have to fly home tomorrow and have no time to see a Lawyer with reguards to the situation.

SO frustrating because if i don't go tomorrow i wont be able to afford to go back for months as i could not afford the ticket.

You may be able to re-book for a change fee, if you stay and adjust it will be 3 months or so before you could work.

On the back of the Visa Waiver I signed it says that by signing the form i am ineligable to apply for any status other than non-imigrant.

Is there anything written in stone about staying on a visa?

If you did not have Immigrant intent when you enetered the US then you can file now and stay and adjust.

But what about your childs education and your job?

I thought the school term had started?

You might want to check out what Boiler has mentioned - I would recommend that you have a consulatation with a good immigration lawyer.

If you decide to go the CR1 route, just wanted to pass on this little tidbit, assuming your child is your Husband's step-child, you will want to include the child's birth certificate with your I-130:

http://www.visajourney.com/forums/index.php?showtopic=100209

I agree with Boiler... if you did not enter the US with the intent of remaining and filling for AOS and had planned to return to the UK... BUT you have since changed your mind and would like to remain then you can... you need to file the I-130 along with the AOS packet.... have a chat with a immigration lawyer just to go over your case and make sure you dont have any issues that could cause you problems at a later date....

Kez

Only trouble with this though, is that i entered on a visa waiver and by doing that you waive your rights to be able to stay and adjust status. I can't find ANYTHING that suggests that I would be able to stay if I were to change my mind now - it would also looks far too suspicious seeing as the last time i came over i didnt bring my son and now all of a sudden here i am, with my son and TA DA! want to stay.

I have to fly home tomorrow and have no time to see a Lawyer with reguards to the situation.

SO frustrating because if i don't go tomorrow i wont be able to afford to go back for months as i could not afford the ticket.

I'm sorry I can't help you with the questions concerning your child. I've no experience in that area and I don't want to lead you the wrong way. I will make a final suggestion. I would suggest posting your questions in the following forum...IR-1 / CR-1 Spouse Visa General Discussion...or....K-3 Spouse Visa General Discussion. I believe you'll find excellent advise from the member who post there.

Thanks again

I'll post in that forum when i've gone over these forms again - i actually had a lot of this stuff figured out this time last year when i first looked into it but some of the information slipped my mind and i was unable tofind it again. I know the difference between the fiance and marriage visas just didnt realise that the CR-1 was what i was applying for - was concerned for a second there that i'd missed something,but no,its ok

I actually thought about becomming an immigration lawyer once....maybe i should re-consider said option, again! heh..

Thanks for your time xx

Yeh, that threw me a bit the first time i printed it - thought i'd done it wrong, then it wasn't too clear as to what i needed tofill in!

I don't need a G-325A for my son, or do i?

I've now downloaded the I-130, the instructions (even though my printer tried to chew them up!), the G-325A forms but only 1 set thus far as i just ran out of paper - but i'll be filling them all in on the computer so that they're done properly. Just need to sit with them in my hand and read them through first, if that makes any sense?

Thanks for your help, this is more help in 10 minutes than ive had in weeks lookin up things on the internet and calling the gov. People just don't seem to be able to - or WANT to help!

xx

Also, sorry, what is a CR-1? (am i being stupid?)

Thanks, that has clarified a couple of things. Just so i know for sure though. When we send the G-325A - we need to fill in one for me and one for my husband separately, is this correct?

Thanks xx

first of all, hey! I am new to this forum and i appologise in advance if i've posted this is the wrong section. However. I have been trawling around for help and advice for so long now that i think my brain may actually explode soon if i do not figure a few things out. So, i am going to tell you my issue and cross some fingers that someone somewhere on here can guide me in a good direction. Heres hoping!

My situation is this:

I am a UK citizen and my husband is a citizen of the USA. We both currently reside in our own respective countriess and I visit every 12 weeks or so for a few weeks at a time before having to return to the UK for my job and my sons schooling etc as that is the responsible thing to do.

I am currently in the USA on a visa waiver and I fly back on 14th January, to the Uk. My first question, which i expect to get a flat out NO to is "Can i stay in the USA on a visa waiver and apply to stay here NOW instead of going home and filing millions of forms and spending months or years away from my husband? - I'm pretty sure this is NO! So i'll continue...

I havedownloaded up-to-date versions of the I-130 form and I understand that my husband has to sent this off in order for me to be able to make an application for a visa. I ALSO understand that there is a G-325A form but iam unclear as to when i need to fill this is, when it gets sent and if it gets sent with the I-130??? Also, do both myself and my husband need to fill in the G-325A form and ALSO fill in one for my son? How does that work?

ALSO - When do we send off payments, are these sent with the forms or when we have confirmation that everything is recieved? Is there a charge for sending the G-325A? (and is this filed at the same place as the I-130)

Are there any other forms that i will need to consider sending at such an early stage of application? What kind of proofs do i need to send with it? Is there any useful help and/or advice you could give me about family based immigration (it is myself and my son who wish to live with my husband in the USA).

I hope that I have been clear with my query, I understand that all processing for ANY visa seems to be extremely confusing and daunting. It must, however be possible though, or else nobody would ever get the chance to move!

Thank you in advance for any help you could give!

Thanks

Lisa xx