Boondocks

I have been watching a lot of videos and reading as many articles as I can on this topic, and I have seen/heard where I should in some, and should not in others, also file a I-864, I-131 and a I-765 at the same time as filing the I-130 & I-485.

so is it best to file these other documents (I-864, I-131, I-765) at the same time and with my filing of the I-130 & I-485 documents?

probably will not file the I-765 as my MIL is retired and will never work in the USA, but maybe I should? so she will get a Social Security number. or is this not really necessary for a 77 year old woman?

any help will as always be greatly appreciated

Form I-130 Problem!

Page 7 Question 46.b they ask for the "I-94 Arrival/Departure Number"

problem is that the 10th digit (11 digit record number) is a letter "A" but this the form states enter "numbers only" and will not allow any letters to be entered. So how do I input the correct I-94 record number (which includes a letter) when letters are not accepted on this form for the I-94????

On ‎11‎/‎21‎/‎2019 at 10:27 AM, Duke & Marie said:

I130

1, NA

2 passport #

 

I1485

1, passport #

2 get it online https://i94.cbp.dhs.gov/I94/#/home

3 yes

4 NA

 

alien number is NA

on the I-485, with answering "yes" to "Part 2 Question 2" (which is: "Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245 (I)? with possible answers of "Yes" "No"?). I then am assuming we also need to fill out document "I-485 Supplement A". But on this document "Part 2 Eligibility" none of the options 1a through 1e, seem to apply to my mother-in-laws situation. So my questions is do I also need submit this document? and if this document needs to be submitted also, how do I answer this particular question (Part 2 Eligibility, Question #2)?  My wife who is a naturalized US citizen,  is applying for permanent residence for her mother, and documents will be submitted (I-130 & I-485) while my mother-in-law is in the US

one other thing I want to clarify to make sure I understand correctly in regards to the I-485

with filling the I-485 this means that my mother-in-law would not need to leave the US, that she can stay beyond the 6 month legal limit of her B2 (Tourist Visa, 179 days within a 365 period of time).

As it stands right now my mother-in-law is scheduled to depart at the end of April. But if we file the I-485 (in conjunction with filing the I-130), then if my understanding is correct, she can continue to live with us here in the US, and would not need depart.

Do I understand this correctly?

4 hours ago, Duke & Marie said:

Passport is travel document... 

 

remember people enter the country on waivers also, so no visa is issued to them at all... irrespective all visas that are issued are linked to a passport so if you’ve had say 2 or 3 by providing passport # as travel document they can check all visas not just the current one.. 

Duke & Marie,

Thank you very much for the explanation, I appreciate it very much. I hope you can understand why I questioned this, since the previous questions on these documents (I-130 & I-485) asked specifically for the passport number. You have helped greatly with my confusion/understanding in this matter. Again "Thank you, so much"

Duke & Marie,

Thank you very much for the explanation, I appreciate it very much. I hope you can understand why I questioned this, since the previous questions on these documents (I-130 & I-485) asked specifically for the passport number. You have help greatly with my confusion/understanding in this matter. Again "Thank you, so much"

4 hours ago, Duke & Marie said:

I130

1, NA

2 passport #

 

I1485

1, passport #

2 get it online https://i94.cbp.dhs.gov/I94/#/home

3 yes

4 NA

 

alien number is NA

Thanks for the response.

quick clarification regarding question #48 part 4 on the I-130, and Question 16 Part 1 on the I-485. the reason I ask for clarification is because the previous question on both forms

Question #15 on I-130, and Question #47 on I-485 ask for the "Passport Number", so I assumed the very next question where they ask for the "Travel Document Number", that this would be for a different document other than the Passport.

So just want to make certain, as not to make any errors or answer questions incorrectly that could cause unnecessary delays (as I am certain there is going to be enough delay with me adding to it)

thank you so much for the link to acquiring the I-94 information, and all to your responses

Hello my wife (Naturalized US Citizen) will be filling to bring her mother here to live permanently. She (Mother-in-Law) is currently here in the US on her 3rd 3-year tourist Visa (B1?).

We will be filing the I-485 simultaneously with the I-130, as I have read that this is permissible, if not please correct me if I am wrong, as well as inform me why we should not file the I-485 at the same time as the I-130 (My mother-in -law is currently in the US with us, and will be here until the end of April 2020)

We have a ton of questions regarding both I-130 and I-485, so will start with the I-130 questions, any and all help will be greatly appreciated

I-130

Part 2, Question 2 - "USCIS Online Account #" --- from what I remember we (my wife) does not have one, I imagine we should just leave this blank?

Part 4, Question 4 - "Travel Document #" ---is this my mother-in-laws "Tourist Visa #"?

I-485

since we will be filing simultaneously my Mother-in-law does not have an "Alien Number" so I am assuming I should leave "blank" all places where "A-Number" is asked for, am I correct?

Part 1 Question 16 --- (same as I-130) "Travel Document #" --- is this my mother-in-laws "Tourist Visa #"?

Part 1 Question 23 -- "I-94 Arrival/Departure Record #" ---- 1st port of entry (Phoenix) does not give out these docs anymore, how or where can I get I-94 information?

Part 2 Question 2 --- "Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245 (I)? with possible answers of "Yes" "No"? ----   I have no clue what it is they are asking, how do I answer this???? (in Part 2 Question 1a, which they refer to, in there short explanation of this question, we have answered --- "Immediate relative of a U.S. citizen, Form I-130)

Part 2 Question 3 --- If you are the "principal applicant", provide the following information, "Receipt Number of Underlying Petition (if any)?" ---- I am assuming since we are filling this at the same time as the I-130, that we have not been issued this, so leave this blank?

I get really stressed out when it comes to filling out these Government forms, as I am sure most if not all who do this also get really stressed out.

So I am sure as I get further into this we will have a lot more questions.

But certainly appreciate any and all help and responses

Thanks again for all the help

my wife just had her Naturalization Ceremony (August 21, 2015) after this Ceremony she was told by an USCIS agent that her Naturalization Certificate expires in 7 months. is this true? has anyone else been told this? or did my wife not understand correctly?

unfortunately I could not attend as I am stationed in the Middle East, and my wife is not sure if she understood correctly what the agent said/meant.

so I am wondering if they (USCIS) meant that she had 7 months to apply for a passport? or to make a N-600 application (based on her Natuaralization) for her 15 yr old son?

second question

our/her is son (15 years old right now), so we are now going to apply for US Passports for the both of them (simultaneously) has anyone done this? applied for both passports at the same time

can you tell me what documentation is necessary to send (especially for my wife's minor son proving he is now a US Citizen since he has no actual documents with his name on it stating this)?

who I understand is now also Naturalized US Citizen, (being a minor, that he became a US Citizen at the same time my wife did during her Naturalization Ceremony and without us needing to make the N-600 application for him, if I understand correctly?

To everyone who has responded to my post, I really appreciate all your input/advice/concerns.

Honestly I am not sure what my friend was thinking and what the outcome is going to be. Her reason for not appealing on time was that she was trying to put some money together for an attorney to represent her but ran out of time. I think the attorney wanted like $4000 0r $5,000 upfront in order to appeal the case.

Honestly I fear the worst but I have to stay optimistic. She has found a really good immigration attorney and has said she can be successful in the case. I am worried but as my friend I don't want her to give up. The odds are really against her, I see it, but just have to keep hoping for the best!!

Langa,

interested in learning what was the eventual outcome?

is your friend still living in the US with her husband, or was she deported? (and hopefully her, her husband and their child are living together in a foreign country)

No need to renew the EAD/AP card. The green card takes its place. Send in the I-751 in December 2013. You will send in ONE I-751 petition, ONE I-751 fee and TWO biometrics fees. They are both covered by the same I-751 petition.

You will be able to apply for her citizenship in December 2014. Send the N-400 for your wife at that time. The child will automatically become a citizen when she does if the child is under age 18

We all are looking forward to that (US citizenship) sounds like a long time off, but we have been together in one form or another for 4 years already and boy I tell you, it does not feel like 4 years, time has really flown by

thanks, I appreciate everyone's assitance

IF you filed an I-485 for BOTH persons (you would need to file a separate I-485 for each person) then they should BOTH have green cards. "Permanent Resident" cards.

If they do not, THAT is the first issue to address. It is ebtirely possible to file fior and receive the EAD and AP without filing an I-485 for a green card. If that is what happened (you filed an I-765 instead) then she is NOT a permanent residetn and thei is no green to renew. You would now need to file an I-485 for BOTH persons. Since you have now been married two years they BOTH will be issued 10 year green cards and there will be no need to "lift conditions"

I susupect you filed the wrong form 2 years ago. Not to worry, she is not "illegal" just not a permanent resident. This will cause a delay in her being eligible for citizenship which is three years after becoming a permanent resident. File the I-485 now! It may be necessary to also include an I=130 for each person at this point also. Perhaps another member with that experience can chime in.

My apologies, I currently am on the road working and thought I had put "ALL" info/documents for the "Green Card" on my laptop.

Skyped with the wife and she informed me that both she and our son did in factrecieve a second card the actual "Green Card" stating "Permanant Resident" on top, wich expires March/2014. so have a bunch of time before needing to take the next step. But at least I'm educating myself

So his is all my error. but does bring up a question

The "Permanant Resident" card expires March/2014 but the EAD/AP card expires Jan 1, 2013. Do I need renew this EAD/AP card or does the "Permanant Resident" card superceede this card?

looking at the VJ guides for "removal of conditions" it says to enclose a copy of the front and back of her (and our child's) "Green Card".

But to the best of my knowldege my wife only recieved a "Combo" EAD & AP card, our child did not even receive this. He only recieved a "document" for Advance parole with the dates and his picture on it.

So do I send copies of my wife's EAD/AP card and a copy of our son's AP document?

or is there some "Green Card" we should have recieved but never did?

The combo card is not a green card. That's an EAD and AP. The Green Card is different.

Then I'm more confussed,

when you file the AOS I-485 after the biometrics and the Interview and they "grant you approval" are'nt you issued a Green Card? or am I totaly wrong.

I thought when you file the AOS this filing then gives your spouse a "Green Card" (when approved of course)

My wife is approaching her "experiation date" on her green card (still outside of 90 days)

She and her son came over on K1/K2 Visas. And we were married in late 2010 (withn the 90 days).

We did her AOS middle of 2011 and she was approved and her Green Card was issued on Jan 2, 2011 and Expires on Jan 1, 2013

She was issued one of the "combo cards" where it shows "Employment Authorization Card" (at the top) and "Serves as I-512 Advance Parole" (at the bottom)

what I'm confussed about is she considered a "Conditional Resident"?

or is she considered a "Permanent Resident"?

so what forms do we need file to "renew" her gGreen Card or to be issued a "10 year Green Card"

do we only need file a "I-90 Form"

or do we need file a "I-751 Form"

or something else?

any help/info wiill be greatly appreciated

Thank you both, fwaguy and pushbrk,

I have emailed the US Embassy-Moscow for help, hopefully I will get a 'Official' clarification from them. Just this morning I received an email from one of the Immigration Attornies that specialize in these matters having to do with the CIS (FSU) countries and the follow is their response

Thank you for your interest in our services. We would be very happy to assist you and your fiancée with K1/K2 Visas.

To answer your question, to obtain a K2 visa for the minor child one of these is required: court decree granting sole custody to the parent applying for a U.S. visa OR notarized consent letter from the left-behind parent permitting the permanent residency of the child in the U.S. If your fiancée has sole custody of her child, which means that her ex-husband doesn’t have any parental rights for the child (in Russian: «если отец был лишен отцовских прав на ребенка»), then she wouldn’t need a notarized letter of consent. The court decree or a letter of consent will be required only at your fiancée’s future interview at the US Embassy in Moscow.

We hope your fiancée can obtain one of the above documents.

since her divorce decree states she has 100% sole custody of her child, we will not need further permission from the ex-husband. I will have her take her divorce papers to a qualified lawyer in Russia to confirm this is what is actually stated in the divorce decree before we get our hopes too high.

I again thank you for all of your help, and hopefully the information that was given to me by the Immigration Attorney that I included in this post will help others with similiar questions that I have had when dealing with a Russian woman and her minor child.

Thank you all, now hopefully the true fun can begin

Thanks pushbrk,

I am also asking some of the Immigration Attornies that I have found thru Internet searches, but so far no one has replied back, but in defence to the some of Attornies I have asked, it has only been a couple of days since I started inquiring with them. I am hoping that I can get this information on here, because the first couple of inquires with Attornies that request a consultation fee and would not provide answers unless I did this or retained them.

I just do not want to get my friends hopes up or start paying out fees, if others have been thru this situation "US man-Russian woman with minor child", and they can give me some accurate info and insight into the (possible) problems we are facing. I think if push comes to shove we can get the ex-husbands permission, but want to know for sure if this will be 100% necessary.

The appropriate US Consulate will answer your question without charge. That's the clear authority you need. Ask them directly by stating specifically what documentation is currently available, ask if it is sufficient and if not, what is needed. Then take their answer at face value and literally.

You can ask using email. Just check their website for how to do so.

do you have a website address I am looking at http://www.usembassy.gov and it gives a list of US embassies world wide, so I clicked on the Moscow, and do not see anywhere to ask specific questions. not sure if I am lloking in the correct spot or if I should be looking somewhere else?

http://moscow.usembassy.gov/concont.html

Read this too.

http://moscow.usembassy.gov/immigrant_visa...n-fiancees.html

Yes have read the info on the one link before and did again with this post but it does not state anything as far as required doc for the child-- ie if the father needs to sign an affidavit or something similar for the minor child to leave the country., but I definitly appreciate all of your help, and if you do run into something that specificly states info pertaining to my situation I will be even more grateful.

Thanks pushbrk,

for the link, I assuming will I need to use their emal address, and ask my questions this way.

We both would like a little piece of mind in knowing one way or the other what is necessary, so we can discuss at lengthy and understand what is needed and base our decisions and where this relationship will go from there.

If anyone has been thru a situation like this or similar with a Russian woman please, post and let me know what is needed, so we both can decide what is best for all parties involved, most importantly what is best for the child.

Thanks pushbrk,

I am also asking some of the Immigration Attornies that I have found thru Internet searches, but so far no one has replied back, but in defence to the some of Attornies I have asked, it has only been a couple of days since I started inquiring with them. I am hoping that I can get this information on here, because the first couple of inquires with Attornies that request a consultation fee and would not provide answers unless I did this or retained them.

I just do not want to get my friends hopes up or start paying out fees, if others have been thru this situation "US man-Russian woman with minor child", and they can give me some accurate info and insight into the (possible) problems we are facing. I think if push comes to shove we can get the ex-husbands permission, but want to know for sure if this will be 100% necessary.

The appropriate US Consulate will answer your question without charge. That's the clear authority you need. Ask them directly by stating specifically what documentation is currently available, ask if it is sufficient and if not, what is needed. Then take their answer at face value and literally.

You can ask using email. Just check their website for how to do so.

do you have a website address I am looking at http://www.usembassy.gov and it gives a list of US embassies world wide, so I clicked on the Moscow, and do not see anywhere to ask specific questions. not sure if I am lloking in the correct spot or if I should be looking somewhere else?

Thanks pushbrk,

I am also asking some of the Immigration Attornies that I have found thru Internet searches, but so far no one has replied back, but in defence to the some of Attornies I have asked, it has only been a couple of days since I started inquiring with them. I am hoping that I can get this information on here, because the first couple of inquires with Attornies that request a consultation fee and would not provide answers unless I did this or retained them.

I just do not want to get my friends hopes up or start paying out fees, if others have been thru this situation "US man-Russian woman with minor child", and they can give me some accurate info and insight into the (possible) problems we are facing. I think if push comes to shove we can get the ex-husbands permission, but want to know for sure if this will be 100% necessary.

Your fiancée needs either a legal court order stating she is the sole parent (father has surrendered all rights) or a letter with apostille stating the father gives 100% permission for his child to emigrate to the US with no guarantee or promise of return.

As others stated, this issue can escalate. There are cases where the father has held his signature hostage in order to extort as much money as he feels he can from the future step-father.

If I understand you correctly, If my girl friend has a legal court order from her divorce stating that she has 100% sole custody of the child. Then we would not need further written apostille proof by the father giving his permision? She does have full custody of the child stated in their divorce papers.

I am not sure if you are also stating that even with this full custody, the ex-husband can still hold out his permission and make this process impossible for us, unless we get his consent?

You won't find anything on the USCIS website because the USCIS does NOT issue visas... The American Consulates do which are a part of the Department of State.... The USCIS's role is petition approval not Visa.

Yes, a permission letter from the father will be required. You best get this worked out because without it or some sort of a court order, you are dead in the water.

do you have a link to the American Consulate web site. and are you certain about this for Russia, the reason I ask is we were told because she lives in Russia this was not necessary but if she was from the Ukraine then yes we would need the ex-husbands permission. I just want to be 100% positive on how we need to proceed, and is the only reason why I ask this question. also if you can provide the American Consulate web site to see if they say anything specific regarding this in regards to Russia.

Thanks very much

Hello all need some help,

I have a Russian girl friend (have visted her twice) now we are thinking of filling a K1 Visa. She has a minor child and does not have good relations with her ex-husband. Our question is (I cannot find anything on the USCIS Home page) will we need to get written notarized approval from her ex-husband allowing and approving of the child to be included on the K1 Visa and then of course for the child to immigrate with her to the US.

Can he (ex-husband) by withholding his permission stop the minor child from leaving Russia to be with the minor's mother in the US.

Wanting to get as much information prior to filling the K1 Visa, to hopefully eliminate any problems or lessen there effects before we go thru with filing a Visa. Of course the Mother will not move to the US and leave her child behind in Russia, but she is afraid her ex-husband may not sign the necessary Legal papers (if this is required by the US K1 Visa laws) and I would not ask her to do this either.

Any help or anyone who has gone thru this process and can inform me of the actual laws and requirements by our USA laws will be greatly appreciated.