ARIANNA

Great! Thank you for your answers! This eased my mind a lot.

Do they check the applicant's credit when filing the adjustment of status?

I filed the AOS after being divorced, been waiting almost a year and they have not decided yet. They sent a letter saying they are waiting on the background check to come back.

I am not worried about that, but I am worried about them checking my credit. It is very bad and I have a lot of debt, some of it is not even my fault. My ex husband did most of it.

Thank you for your responses

Thank you all for responding.

I was on the lease agreement, the problem is that he works for the apartment complex I used to live in with him, and they are not honest people and favor him. I am afraid to go there and ask. He works and lives there.

We did have a gas bill together, completely forgot to take my name off it. I hope he hasn´t run my name to the ground with it.

And we had the car insurance together, I'm pretty sure I can get a copy of that one.

We had no bank accounts together, he never let me know how much money he had or didn´t have or what he spent it on.

Thank you all again, i am going to try and collect as much evidence as possible. Bless you all for your help.

Whoops!

Sorry, this isn't correct. Self-petitioning to remove conditions requires proof the marriage was entered into in good faith, whether the basis for self-petitioning is VAWA or divorce. The only exception is self-petitioning based on extreme hardship.

To be honest, self-petitioning based on divorce is easier than self-petitioning based on abuse. Both require the proof of good faith marriage, but the divorce waiver only requires a divorce decree, whereas the abuse waiver requires proof of the abuse.

Arianna, you've been together for a long time. Any evidence you can get, especially from the early years of your relationship, will be useful. Photos, sworn affidavits from family and friends, etc. Since you lived together in Mexico for years they're a lot less likely to suspect you married him for a green card. Good luck!

Yes, I never intended to move up here, it was his decision. But now that I'm here I don't want to leave.

All I have are photos of us together and maybe a letter he wrote me when we first started dateing and I think it does have a date on it. I have all my papers and my daughters too.

When I had asked for the divorce when we were still living together he stole all those papers, all my immigration papers and my passport and my daughters birth certificates and her passport. He said he wouldn´t give them back. So when I had the police escort me to get my things out of the house he admited they were under the stove. He had told me that he had thrown them in the dumpster. Ugh... He really put me through hell.

And now he insists that he is going to get me deported and take the child from me. I'm scared.

Hello,

Sorry for you are going through. This is the link from USCIS web site about VAWA:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b85c3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD

Also this is the link for the VAWA thread here in VJ with people filing in the same situation than you:

http://www.visajourney.com/forums/topic/176285-vawa/

Hope this helps. Good luck.

Thank you!

So, if I understand correctly... If I file with VAWA then I am given a chance to stay if approved but I'd have to get a work permit? Can I apply for permanent resident after that?

VAWA means Violence Against Women Act. If you absolutely have no paper work/bills financial comingling, then you may have some difficulty lifting your conditions. Now if you have any proof/records of the violence metted out to you, you can go the VAWA way and that won't need the evidence of comingling. Good luck. Is your child from this marriage?

I have photographs of the bruises he gave me and I have a TPO against him for a year granted by a judge where I have custody of the child. I have pictures of us living in Mexico for 2 years with our daughter. She was born in Mexico, and we moved here when she was 2. I might only be able to get a copy of the car insurance that had both our names, other than that I have nothing else. Yes she is from him.

How do I go about the VAWA way?

I keep reading about this waiver based on abuse but I cannot find a link to it. Is it a form? Can anyone post the link to it, please?

Thank you

you'll need to submit evidence of a 'bonafide marriage' -

and it's 'just that' - evidence that the marriage was bonafide.

This could be records of utility bills, lease agreements, car titles, insurance paperwork,

basically all of the 'evidence' that one NORMALLY submits for the Removal of Conditions casetype.

Now, if you are doing anything with VAWA, that's different, that's a different set of evidence, and is focused on the abuse.

When I left him I managed only to take my personal belonging and my daughters, I left all those papers with him.

What is VAWA?

I am an immigrant in conditionary status. My soon to be EX beat me up and now we are in the middle of a divorce and an ugly custody battle.

I have proof of me entering the marriage in good faith and him being the one that failed.

So I think... If I read correctly, that I need to file an I-751 once I get the divorce decree and before my temporary visa expires. Correct?

Now, what can I include with the form to prove I did get married in good faith?

We had a daughter born in Mexico and lived there for 5 years together, our union didn't fall apart until we got here, that's when he beat me up.

Can I submit the photos of the bruises as proof?

What about the restraining order granted by the judge?

I just need prove I was not the one at fault.

Has anyone been through this and can you give any advice on how to file this correctly?

Thank you

I do apologize if this seems like I am trying to bend the rules and get ahead of people that have been waiting forever. But we are not.

We really didn't plan this, my husband and I have been together for 7 years this November. We have tried to do this following the proper steps. We live in Mexico together for 5 years until he decided it would be better for us to move up here. We filed he moved I stayed with our daughter, separated for 8 months until I got approved. Used all my money to fly here thinking with his job he would be able to pay for everything needed.

But 3 weeks after I got here he lost his position where he worked and things kind of spireld down since then, the economy took us to the bottom.

He finnaly has a good job and we now need to get this done. I eneded up getting money loaned by a family member I haven't seen since I was 8 years old. I need as much help as possible.

Please and thank you.

We had filed the fiance petition on March of 2008, we got approved but I never went to the interview because of money problems and some other issues. So we ended up getting married 2 days before my tourist visa expired.

I finally got some money loaned to me to start my paperwork and we have an appointment with an immigration lawyer this thursday, but I barely have enough to get my paperwork done. Worried I am going to end up giving money I don't have and getting nothing done.

On the other hand I'm affraid to do this process myself and ending getting deported and my baby staying here. I am scared.

We have a daughter together and she is a US Citizen like him. We did the consular report of Birth Abroad.

What should I do?

I have read the Guide here, I have downloaded all the paperwork, but I am affraid that I get deported because I over stayed my tourist visa or because I miss something or don't file something correctly. I am terrified!

The original plan was for me to come here with our daughter and leave her here with him while I went to my interview to CDJ. But I ended up getting married here on my tourist visa. Now my visa is expired, but I finnally have the money to try to fix this.

Please any advice is greatly appretiated.

Does anyone know of a GOOD affordable immigration lawyer in Las Vegas? Someone to trust.

Thank you

The link sent me to one where it says "Filing from abroad"

I am here in the US and will be getting married in a few days and filing for my AOS. I think it will be the best thing.

So how do we do this?

We send out the:

I-130

I-485

I-765

I-864

G-325a

All at the same time in the same package?

I've been going throught the uscis.gov site and here and I'm getting a bit confused with this.

Thanks

Thank you!

Can anyone indicate any links to find out how to proceed to do this?

What forms are do I submit in this case?

We filled the I-129F back in March, got approved in September, I entered the US on a tourist visa last October, been here for 5 months now, we have a 3 year old daughter together that was born in Mexico but has her US Citizenship and is here in the US with us.

Asked around by phone to a couple of immigration lawyers and they said that I could do the following: We can get married now as I am (tourist) and avoid going down to CDJ for my interview and just change the satus and do the AOS. They said that I would not be banned from the country for misguiding and all that. Because I'm not, just things have changed a bit for us.

Can anyone tell me if this would be true?

We don't have money at the momment and going down for my fiance visa would run us around 1000 dollars, then 1100 for the AOS.

If we get married now they said I just do the AOS and a medical that is done here in US. True?

Would I be legal to stay once I file the AOS?

Please help me! I don't want to make a BIG mistake.

Thanks

I'm fixing to go to my interview in the next couple of weeks, but I just realized that all the planning I had done might have been in vain now.

Do I have to go to the NEW US Embassy or the OLD one?

If it's thew new one, then how far is it from the old one?

Could I stay at a hotel close to the old one and be able to walk to the new one? I was thinking about staying at Los Cedros hotel that is recommended here in the site.

Thanks

From what I understand, the old consulate is all the way across town from the new one. The old one is completely closed, so you can't go to that one, and the old one is in a very bad part of town so I don't think I would recommend staying near the old consulate. My fiance is staying at the Holiday Inn Express--it is right next to the new consulate. You might want to check into that. Good luck!

Any idea on how much the night runs there? My price range is 50 bucks a night. Or does anyone have any other suggestion?

I'm fixing to go to my interview in the next couple of weeks, but I just realized that all the planning I had done might have been in vain now.

Do I have to go to the NEW US Embassy or the OLD one?

If it's thew new one, then how far is it from the old one?

Could I stay at a hotel close to the old one and be able to walk to the new one? I was thinking about staying at Los Cedros hotel that is recommended here in the site.

Thanks

Arianna, good to see things have progressed well for you. Don't panic the finish line is in sight.

The new embassy is not very close to the old one at all. I personally did not find the area around the old one very dangerous, but the new one is in area of town which is very modern/new and has better accomodations.

But I would skip the Los Cedros, because it is about twenty minutes away. And there should be hotels within walking distance of the new building.

Brian

Thanks, I am trying to figure this out in time to make it in the next 3 weeks and save as much money as possible.

Also, I am right now in Las Vegas and will be flying to El Paso to cross over to CDJ. What is the easyest and cheapest way to get across? Someone had recommended a Taxi driver but I lost that information.

Anyone have any other suggestions?

Thanks again!

I'm fixing to go to my interview in the next couple of weeks, but I just realized that all the planning I had done might have been in vain now.

Do I have to go to the NEW US Embassy or the OLD one?

If it's thew new one, then how far is it from the old one?

Could I stay at a hotel close to the old one and be able to walk to the new one? I was thinking about staying at Los Cedros hotel that is recommended here in the site.

Thanks

Ok, was told by the CDJ Consulate to NOT let over 6 months pass and that the Invitation Letter IS an OPEN Invitation to the Interview.

Said to go with all documents required and can show up Monday to Friday except every last Friday of the month and US and Mexican holidays.

Said that if you let over 6 months pass then the case might get cancelled or filed and then further delay your case.

So thanks again to all who answered and I hope this helps someone else in the future.

I am in the US with my fiance, but we ran into some financial problems (2 traffic tickets) and some other stuff that took some of our savings, so I can't afford the trip at the momment. Plus we have a 3 year old girl and we also need a babysitter for those days. We just can't do it now.

I am going to try to call the Embassy today or tomorrow and see if I can change my date.

I was thinking that seeing how many people miss their apointment because they didn't recieve their letter on time, that the Embassy shouldn't have a problem with those dates. They should give at least 6 months or specific instructions on what to do in these situations.

Anyway thanks again and I will post to let you guys know what they told me over the phone.

Happy New Year everyone!

I will definitely NOT be able to make it before Jan 8.

So there is a posibility that it won't matter to them? But this is still no certanty.

Anyone else have any experience in this?

I have already asked in the CDJ Consulate discussion and have asked this same question on diferent forums, so please don't move this post because nobody has been able to answer me with certanty yet.

My NOA2 said to be for my interview before January 8 2009

I WILL NOT be able to make it before then.

Can I change my date? How? Where?

Or can I show up after this date with my invitation letter?

Please help!!! I am running out of time!!!

Thanks!

Petition approval expires in four months but Consular officers can and routinely do extend the validity. You attend the interview as scheduled on your invitation letter whether before or after the expiration date you see on the NOA2.

The only thing I know is that Ciudad Juarez Consulate gives open apointments for Fiance Visas. We can go any day of the week without apointment. What I don't know is if I can go after my expiration date or how to postpone it.

I have already asked in the CDJ Consulate discussion and have asked this same question on diferent forums, so please don't move this post because nobody has been able to answer me with certanty yet.

My NOA2 said to be for my interview before January 8 2009

I WILL NOT be able to make it before then.

Can I change my date? How? Where?

Or can I show up after this date with my invitation letter?

Please help!!! I am running out of time!!!

Thanks!

Good for you guys!!!

So can I go past my expiration date or what do I do?

I am definitely not going to make it before.

Question: Can I extend my time limit to go to my interview?

In the NOA2 it said I had until January 8 to go to my interview.

I have recieved my invitation letter but it does not say any time limit. It just says I have an open invitation.

I am not going to be able to make it before Jan 8.

Can I show up any day next year when I'm ready?

Do I have to call and extend my time?

Where do I call or what do I do?

Please help. Thanks

Yep! That's exactly what it looks like.

Yayyyyyyyy!!!!!!!!

I'm in the US with a tourist visa and my mom is waiting for my invitation letter back in Mexico. The Consulate recieved my petition from the NVC beginig Oct and my mom says it hasn't gotten there yet. We called and they said they were sending them out 2 months after they were receiving them.

Today we recieved the letter that is sent to the US Citizen, I have it in my hands. Is it the same one?

Can I go with this one or does it have to be the one sent to Mexico?

Because this one has a letter in the front saying I have an open appointment to the interview and all the intructions with it.

Also the NOA2 said I had to Jan 8 to go to my interview but this letter has no deadline. Can I go after Jan 8 or no?

We applied for my I-129F this year and got approved on September. I came up on October with my tourist visa, was given 6 months to stay.

Can I apply for a work permit?

We are still waiting for the consulate to send out my fiance packet, but the way things are going we really need for me to start working asap.

The embassy said that maybe they will have sent my packet by the end of this month, then I can go for my interview, then we can get married. But we are talking about 3 months before we are married. Then I apply for AOS and the work permit takes 3 months more. So this means 6 months before I can legally work.

Can I apply for a work permit now ? That way by February I might be able to work here.

Any ideas?

Please help!