Luvnevrymin

Thx. I had only one copy prepared just in case. I will take 2.

You have to wait. In Ciudad Juarez you can no longer call to set up an appt. It usually takes 2-4 weeks to receive an appt letter. If longer than that, call NVC to find out if there is an issue with the case.

Thx. I thought by relationship it was meant that you had to show a social bond, but it is talking about a legal one, I suppose. And yes, that has definitely been established already. I always stress at the last minute thinking I haven't prepared well enough.

I have 2 step children whose interviews are very soon for cr-2. One child I have met. The other I have only spoken to on the phone, but my two bio children have been spending their spring breaks and summer vacations with my step children and the grandparents for two years already. Is that proof enough? Also, will I be at their interview with them inside the embassy (Ciudad Juarez)or will I be made to wait outside?

Im a confused. Can someone steer me in the right direction?

I am currenting waiting for my husbands interview (CR1) Hopefully a May interview. We did not include his son on our original petition as he felt he should come first to the states and bring him at a later date. He is only 4 years old. Now I wish we would have as it may have saved us a long process.

So after my husband comes to the US - what steps do we take to start the process for his son? What documents do we need to get started? My son's biological mother is still undecided if she is going to cooperate so I am fearful of all sorts of things now.

While my husband is still oversea, Id love to know what he can do there to get the ball rolling. I want my little boy here!!!

Any help, guidance is appreciated.

Is your husband in the military? I'm just curios. We are a military family. As far as I know, if you are the sponsor, your husband really can't do anything to get the ball rolling, except to possibly convince the bio mom to sign that legal doc I was talking about. If he is military, though, there is another route he may pursue.

Im a confused. Can someone steer me in the right direction?

I am currenting waiting for my husbands interview (CR1) Hopefully a May interview. We did not include his son on our original petition as he felt he should come first to the states and bring him at a later date. He is only 4 years old. Now I wish we would have as it may have saved us a long process.

So after my husband comes to the US - what steps do we take to start the process for his son? What documents do we need to get started? My son's biological mother is still undecided if she is going to cooperate so I am fearful of all sorts of things now.

While my husband is still oversea, Id love to know what he can do there to get the ball rolling. I want my little boy here!!!

Any help, guidance is appreciated.

The process is exactly the same as it was for your husband. You will file a separate I-130 petition for your step-son. Beware that you will have to provide a legal paper signed by the biological mother saying that the child has permission to travel to the U.S., so you may be better off to wait until she decides she approves. We are going through the process now with older children. I filed for them before my husbands cr-1 was approved. The process will take about a year give or take.Our kids interviews are next week.

Nothing is ever 100%, quick note. When my boys had their interview their dad was there as I had to work. Just FYI when I married my husband he was on an overstay of 6 years. He was approved ( CR6 and then ROOC ) and this was not even brought up during the interview for the boys in Bogota. All that was brought up was the relationship between my husband and I , I also had the opportunity to meet the boys in Colombia about 1 month before the interview so we also had pictures of all of us together.

I hope all goes well for you. Remember if you have not been married for 2 years at the time the children enter the US you will need to lift conditions on each one of them seperatly 1 year and 9 months after there entry to the US. They can not be included in the parents ROC unless they come within 90 days of the fathers LPR date

Thx. Yes, my children have visited them three times for several weeks. I always had to work so couldn't go. But I've met the oldest one in person once. I talk to these kids all the time. I hope that is enough to establish a relationship. They also have a little sister here they have never met.

As far as I know, there are no "emergency visas" -- I could be wrong though. But spending Christmas with their dad and stepmom doesn't construe as an "emergency" in any shape or form.

How old are these kids? Can they handle the interview?

The kids are now 18 and 15. Yes we have all the paperwork from the other parent and we will be there with them. Correct, it was not a true emergency, but after having a conversation with an embassy official that is how it was suggested I go about it. So I did just that. Their dad was not a part of the plan. He wasnt supposed to be here during that time anyway. They were coming to visit with my family only. I think they were basically denied because the interviewer thought they may be a flight risk, but we were never told the exact reason.the attorney thinks it will be fine. I am just nervous and don't want to get my hopes up if this is a concern.I was curious as to other views on the situation. So am I understanding that because the situation is a totally different visa now that all will likely be ok?

WHat type of visa was denied a tourist visa?

An emergency visa was denied

so he was in USA illegally?

He was, but now is a lpr.

The petitioner who is stepmom and biological father will be there with his children for their cr2 interviews in ciudad juarez. Who accompanies the children into the embassy?

Sorry, they are cr-2 visa applicants. Not cr-3.

3 years ago I helped my now husbands children try to get an emergency visa. It was denied. The children were asked where their Dad was and the kids didnt know. They were very young, and he was supposed to have been with them for their interview, but issues came up and he didnt leave the U.S. The interviewer called them liars, said their dad is in the u.s. Illegally and denied the visa.we had no knowledge of this process and this was our first experience. The kids were coming to spend Christmas with my children and me. They were never given anything explaining why their visas were denied. We dont know if it was the lack of an emergency or just a denial or if the interviewer thought it was fraudulant. Since then, their dad and I have married and he now has his visa. The children, now 3 years later have their cr-3 visa interviews coming up. Should the denial 3 years ago be a concern?

Now that we have his visa, I am reading on sites that with a CR-1 he can work as soon as he enters the U.S. without having to wait or apply for authorization. I also read that if his green card hasn't arrived yet he can use his stamped passport as legality to work? does anyone know if this is correct? I think an employer might ask for I-9... just not sure how to go about him working right away. Any help would be appreciated. Thanx!

Check the Mexico section of www.immigrate2us.net they have a TON of these daily and will have the information you want. If they kept the passport, the visa could be with your approval letter, HOWEVER, the file could be "referred" which means that it will be sent away if not "clearly approveable" and will take closer to a year to process.

Good luck, here's hoping for an approval!

Good news! Yes they did keep his passport, and he was approved!!! We were so brought down by the negativity of the whole process. We waited on pins & needles two full days. All is well now. Thank you all!!

Hubby had interview thurs & we knew what to expect. We had the waiver pkt ready. The consulate agreed to expedite his waiver once we got a waiver date set & I wrote a letter explaining why I need this expedited. They got him right in Mon morn. They asked him a couple of the same questions..."When did you enter?" And "when did you leave?" Then told him the adjuticating officer would review his packet and he would get the decision on if the waiver approved or denied via dhl in 2-4 days.the officer who accepted the pkt didn't look at it. He paid the fee for waiver, paid the dhl fee and now we just wait? Why did they not give him a real interview or review his pkt in front of him or give him a yes or no? If the answer ends up yes, then will his visa be in that dhl pkt? We are on pins & needles.

My husband (a Mexican citizen) and I spent 2 weeks vacationing in Mexico recently. We have decided to buy a house and land sometime in the future to retire there and thought it would be a good idea to open a bank account where I can deposit money monthly toward that goal. He is living there while waiting on his visa, I am living in the U.S. The bank would only allow me to be an authorized user of the account, he is the account holder, because I did not have a visa (not required for such a short stay). We deposited $1000 USD and we thought everything was good. The week after I returned (after 2 return trips to the bank for various reasons), the bank froze the account. They say I cannot have a bank account there because I was there illegally. I went to the Mex consulate here (in the US), they said that is not true. The only reason I would have had to get a visa for such a short stay is if I was going to do business there, such as trading, buying & selling, etc. I had every right legally to create a bank account. However, the account is not in my name, it's in my husbands. I only deposited the money and they gave me an ATM card as an authorized user. They charged me without telling me for converting my $ to pesos, and now, to take my money back out, they want to charge me an arm and a leg for giving it back to me in USDs. I am losing over $100. Furthermore, they won't let us touch it until my husband brings them the paperwork from when we opened the account (which I have with me in the States). Is this legal for them to freeze the account? Is it common practice? Do I have any rights to have my money back as it was deposited without having to pay the bank? I would think the most they could have done was block my card and my access as an authorized user, but they have frozen the account completely so that even my husband cannot access the funds.

What was the reason you chose to file AOS instead of filing I-130 and going to the interview in CDJ? Unfortunately EWI does not allow to Adjust Status here.

I paid someone to handle our case, that claimed to be as good as an attorney and very experienced in similar cases (in fact, his advertisement was on this site). This was the route he recommended. So, I went with it. I was thinking later that maybe it was worth it anyway, because when we got the EAD we were able to get a social security number, with that we were able to get a drivers license and health insurance. So I was thinking later, when I realized the I-485 was definitely not for us, that maybe it was worth it to have tried it anyway. Now I'm worried about the EAD getting revoked. And I'm worried about the I-130 process and how it will be handled and the timeframe. I'm curious as to what to expect.

If you do not qualify for the LIFE act exception (EWI) then it is not IF the I-485 is denied but WHEN.....

Some on this board have mentioned here that some EWI aliens who may have a similiar situation as your, have gone to the AOS interview only to be arrested and deported...

Tread carefully here...

Most EWI's will require a departure from the USA in order to begin the rectification of there situation...

Thank you for the heads up. Yes, I'm expecting he'll have to go to Ciudad Juarez and then go through the waiver process. If I know he'll be denied the I-485, then how do I circumvent even going to that interview? I thought they would just send us a rejection notice and that would be the end of the I-485, then the I-130 would be processed separately like a CR-1.

oops, sorry for the typos. my fingers are faster than my brain.

Thanks for help! I thought if I sent something it it would be okay but wasn't sure if I was just waisting my stamps because I don't see a special section for this!

I was told by the USCIS that I had to go into the nearest field office to do a name change.

The EAD is based on the I-485 being eventually approved.... If it is denied then any interim benefit dependant on that application will also be revoked.

I-485 approval requires an approved I-130 but the approved I-130 does not guaranty I-485 approval

An I-129 is a petition for an immigrant worker... do you mean I-129F? If so, then it would not help your situation as the I-129F is not a component of an I-485 approval process

EWI is your biggest issue....

Thanks, that is originally what I thought about the I-129F, yes, it's what I meant. That's why I didn't file it before, but the more I read, I get confused on whether I should have filed.

What happens then, if the I-485 is denied? Does the I-130 continue along the CR-1 route?

This is a website for family based immigration.

You are out of status; and your children would only be able to petition for you after they are 21 years old.

If you marry your boyfriend, you might be able to adjust your status. Consult an attorney. You can marry whenever you want.

I agree. I think, that you would have to get married, then file the I-485 to adjust status.

OK, on the advice of someone supposedly experienced in the visa process, we filed I-485, I 765, I-130 and I-131 together. We sent in an entire packet, very well organized with just about everything they could ever ask for, affidavits of support, financial info, photos together, marriage license, the medical paperwork... you name it.

Sent packet Jul 1 2008 to Chicago

Recieved NOA for I-765 and I-485, and I-130, and I-131 mid Jul

Aug 1, received biometrics dates (recieved one for 485 and one for 765, separate dates, so we took the first one)

Aug 8, recieved a request for information on the I-485, because hubby came to US EWI, so the look for something filed under the LIFE Act (which we don't have), now I'm realizing we shouldn't have filed that (but apparently it had it's advantages).

I had 87 days to present requested evidence, I waited 77 and sent all kinds of stuff, but probably not anything that will help that case.

the case is still pending today

Early Oct, we received a 1 year EAD (what a surprise, because I thought it wouldn't come unless the I-485 was approved)

With that, got social security number, drivers license, and health insurance

I-130 and I-131 are still pending as well.

OK - a while back when I checked the timeline, it appeared that it was running about 7 mos for a I-130 approval. That's coming up very soon (Feb 09). When I look at the VSC website, it appears they are a year behind, but it says it hasn't been updated since Sep 08. All my NOA's, though have MSC benefits center on them. We're in ARK. so where would my I-130 be handled? and is it dependent on the I-485? or are they done separately?

Do I need to file an I-129 for speeding the process with the I-130?

I expected that in Jan/Feb we would receive a notice for an interview from the I-130, he would have to go to Ciudad Juarez where he'd be denied, and would get an immediate waiver appt, and likely that would be approved with a proper waiver. 6mos - 1 year total timeframe from application to visa approval.

Am I being realistic? What is the general timeframe for all this? Will the EAD be revoked if the I-485 is denied? Will the I-485 be denied if the I-130 is approved beforehand? How do I know the case is anywhere being processed if I've never received anything telling me it's been moved or forward to the correct processing center? And... what is "touched"? And how do you know you've been touched?

Thanks!