MGG032589

im filling out form I-129F for a friend. while reading the instruction pages, #5 letter B states:

"Provide original statements from you and your fiance(e) whom you plan to marry within 90 days of his or her admission and copies of any eveidence you wish to submit to establish your mutual intent"

can anyone explain to me more briefly what this instruction means? provide a statement of what exactly? thanks.

I don't understand. Who the petitioner on this. You or your friend? I get confused!

Im filling out the appplication for my friend who lives here in florida w/ me. she's a us citizen by naturalization. she was born in nicaragua and so is her boyfriend. she wants to apply for a fiance visa so her boyfriend can come to usa. but her boyfriend is currently living in costa rica even though his country of birth is nicaragua. we want to know if we can still file the I-129f even though her fiance is not living in his birth country

my friend wants me to file a fiance visa for her boyfriend who is originally and born from Nicaragua but he is living in Costa Rica. what we want to know is can we file this i-129f even though the beneficiary is not living in his country. and how should we go about that? im asking this because after the petition is filed normally the benificary receives a package at the home address thats listed on the i-129f form.so in this case would the package be sent to his address in Costa Rica? thanks

My husband has a friend who is a illegal immigrant here in the USA. He wants to go back to his country (Mexico) and he has been told he can go back in airplane. What he wants to know is what he needs to do and what type of documents does he need to be able to go back to Mexico on an airplane. We live in Miami, Florida if that affects anything. Thanks!

OK IM NOT UNDERSTANDING MUCH MAYBE BECAUSE I DONT KNOW MUCH LEGAL TERMS REGARDING IMMIGRATION. what do you mean when "the visa is subject to quota?" and then in the beginning you say he can petition? so can he petition, yes or no? his wife is here already. they got married here. i was told that if a person was entered legally she could get her LPR by her husband.

a quota means a limited number of available visas.... the annual limit is something like 154,000 each year.... there are already possibly a million or more people on the waiting list ahead of your friend... they must wait in line.............

I was told, let me know if they are correct or wrong, that she would be able to become a legal resident because of her husband if she filled out form I-485A which would make her pay a penalty of $1000 while filing I-485.

ok so let me get this straight, the I-130 is ONLY used in order for her to get here? correct, since she's already here there's no need for that, correct? and could you explain to me what us a visa qouta? thank you

No... an I-130 is to determine her eligibility for a visa... has nothing to do with GETTING HERE....STAYING HERE... LIVING HERE... or GREENCARD

LPR's who filed a petition 5 years ago are STILL WAITING.... his wife must WAIT...

It is better if the LPR becomes a citizen and then he can begin the process to get his wife her legal status immediately.

so when he becomes a US citizen can she become a LPR while being here as an illegal immigrant?

an LPR CAN file the I-130 which only determines eligibility for a visa... THIS IS DIFFERENT than a greencard which is the I-485 which she CANNOT do because she is subject to a visa quota

ok so let me get this straight, the I-130 is ONLY used in order for her to get here? correct, since she's already here there's no need for that, correct? and could you explain to me what us a visa qouta? thank you

he can petition for his wife... but the visa is subject to a quota (not in the unlimited classification)... there is an annual qouta and an already existent waiting list... his wife cannot jump to the head of the line....

immigrant visa numbers and non-immigrant (ie. tourist) visa numbers are quite different

OK IM NOT UNDERSTANDING MUCH MAYBE BECAUSE I DONT KNOW MUCH LEGAL TERMS REGARDING IMMIGRATION. what do you mean when "the visa is subject to quota?" and then in the beginning you say he can petition? so can he petition, yes or no? his wife is here already. they got married here. i was told that if a person was entered legally she could get her LPR by her husband.

NO

Adjustment of status requires that the I-130 filed to base the AOS on results in approval, and that the approved I-130 qualifies for an immediate visa number under the unlimited visa class.

Only persons who fall into the Unlimited class can adjust status based on an attached I-130. (Unlimited class includes: Immediate Relatives (Spouses of US citizens (USCs), unmarried children under 21 years of age of USCs, and parents of USCs, A USC must be over the age of 21 to petition for his/her parent.)

Who May File This Form I-485 ?

1. Based on an immigrant petition.

You may apply to adjust your status if:

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B. You are filing this application with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which if approved would make an immigrant visa number immediately available to you

http://www.uscis.gov/files/form/i-485instr.pdf

The I-130 will be placed in storage for a few YEARS, until closer to time of visa number being available, and I-485 will be denied.

did i mention that she is living here in the US with him? does this make a difference? but since her visa expired she's an illegal immigrant here and since her husband is a LPR, he was told he can petition for her? or is this only true when the benificiary is outisde the US? because in form I-130 it states "A CITIZEN OR LAWFUL PERMANENT RESIDENT OF THE US MAY FILE THIS FORM....."

NO

Adjustment of status requires that the I-130 filed to base the AOS on results in approval, and that the approved I-130 qualifies for an immediate visa number under the unlimited visa class.

Only persons who fall into the Unlimited class can adjust status based on an attached I-130. (Unlimited class includes: Immediate Relatives (Spouses of US citizens (USCs), unmarried children under 21 years of age of USCs, and parents of USCs, A USC must be over the age of 21 to petition for his/her parent.)

Who May File This Form I-485 ?

1. Based on an immigrant petition.

You may apply to adjust your status if:

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B. You are filing this application with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which if approved would make an immigrant visa number immediately available to you

http://www.uscis.gov/files/form/i-485instr.pdf

The I-130 will be placed in storage for a few YEARS, until closer to time of visa number being available, and I-485 will be denied.

Ok, i'm confused!!! so he can't petition for his wife because he's not a US citizen? or because she doesnt have a immigrant visa number? sorry i'm sort of confused. so in order for her to become a permanent resident would she have to go back to her country and for him to petition for her from there? she's also pregnant so would this be a problem? and if its because she doesnt have a visa number cant she used the visa number of her tourist visa?

I’m grateful I came across this site. I came across this website googling info on how to marry in a different country and bring someone into to the U.S.

My name is Derek and I fell in love with someone in Nicaragua. It started as a vacation that I was going to end short because I didn't speak Spanish and I was alone and didn't feel like I fit in anywhere. So I called and rebooked my flight 9 days early and planned to spend the rest of my days in some nice hotel next to the airport and wait it out. I was staying at a hostel and my soon to be wife was working there. Now, I fell in love with this girl at first sight, but didn’t come to Nicaragua to hook up or to fall in love so I never said anything to her. (Shy) The night before I was going to leave, she came to me while I was lying on a hammock reading a book and asked me if I would like to take a walk with her she said she was getting off work in ten minutes. I looked around and said “me”? She laughed and said “yes”. We spent the next day together seeing a volcano and that night, sitting outside (I was dropping her off at where she was staying) a man came out of nowhere and told us we where two lost stars in the universe and have found each other. We refer to him as “the man in the street” he is a huge part of our story. But the next day I left for the airport 3 hours away, early in the morning. When I got to the airport something inside of me told me to go back. I told the driver to “take me back”. (I missed my flight) When she saw me she said “you’re crazy”, I told her “you’re right, crazy for you”. We spent the rest of my 9 days together traveling all over, I met her family, learned to wash cloths by hand, cook on an outdoor oven with wood, and draw water from a well. I was in love and she loved me, it was magic. When she took me to the airport I told her I would be back, that I loved her and asked her to marry me. She said “yes” then asked me if this was a dream and if she was going to wake up.. I said “I hope not”. Since I have been back, 2 weeks now, I’ve been going crazy being away. We have already planned the marriage it will be in Nica in early September. I’ve contacted the embassy and found out what I need to do, in order to bring her here to the states. I never knew it was so much, so long and so much money. *UGH* but its okay. This is my journey…..

Welcome to VJ!!! My husband came from nicaragua also. he came here with K1 visa and he is now a legal permanent resident. Welcome! if you have any questions dont hesitate to ask. i'll answer with the knowledge i have...

It is late May and I am getting my paperwork together so it looks like I will file in June. Is there anyone else out there in the same boat?

My Husband and I just got married on Saturday and we are very excited and happy to be this far in our journey. We entered the states on a K-1 form Nicaragua. We have our certified marriage license, with our names changed. We went to the local SSN office and applied for his card with the changed name and changed my name too. Now we are struggling to get the vaccination records prepared for the I-485 application. Lots of doctors insist on doing the whole physical again. Blah!! I called the USCIS about this and they said I could visit the local office to report the problem and get advice. I plan to visit a few other options before I go there.

Good Luck to all out there working through this process. I would love to hear about others experience.

I had the same problem, most of the dr.'s i went to would say my husband needed a whole new exam done. so what i did was take the forms to the dr.'s where it says that only the vaccinations were needed and once the evidence was there... they did it. but you will have to insist and insist. they want the money!!! so they're going to keep saying you need a whole NEW physical but its faLSE!!! GOOD LUCK

Hey guys,

I was told a Legal Permanent Resident could petition for his wife to become a legal resident also. she came to the U.S. with a tourist visa which expired (I dont know when it expired). I just wanted to verify if this can be done, i know a US citizen can but can a Legal Permanent Resident do the same? I would thank anyone who replys ASAP!!!

I am not sure whether the spouse of a LPR can do AOS, or if she has to go back to Brasil and file !-30 from there. But the guides will help.

triple post.

Hi Len, Where can I get the guides? im not very good dwith this website so could you please help. and i know for a fact a LPR can do AOS for his wife. thanks!

Hey guys,

Yes I'm back but this time is a favor for my uncle. as i went through the process for my husbands AOS all by myself, my uncle has come to me for help. his situation is similiar to mines but different in a way. He is a permanent resident of the U.S. and he just got married to his brazilian girlfriend who came in the US with a visa. (i dont exactly know which one). i would like to help him but in order to know "HOW" to help him i need to know what are the EXACT forms he has to fill out in order for his wife to Adjust Status and become a resident to the US? What are the USCIS forms he has to fill out? thanks!

Hey Guys,

How weird is life, lol today i posted a topic about the I551 stamp whcih i was going to need for next week in case my husband didnt received his GC in time. which lucky enough he received it today. thank you so much for all of you guys help and be happy that maybe you wont hear from my dumb questions in a while. LOL thanks again

Did you have an interview?

My husband's green card arrived 3 days after the welcoming letter. The kid's card arrived 7 days after the welcoming letter.

To be on the save side: Make an infopass appointment 2 days before flying out, you probably need to schedule the appointment now!

If you don't get the GC in the mail by then, go to the appointment with the welcoming letter and get the I-551 stamp in the passport. This is like a green card!

If you got the GC by then, just cancel the infopass appointment.

You can book the flights now just be sure you either have the stamp or the GC!

Sib

No my husband did not have an interview. he just received the welcoming letter. i already went ahead and made an infopass appointment 2 days before our trip. but the question i have do they stamp your passport only if its an emergency or can it be any situation as a non emergency. thanks for the tip sib!!!

It does't take 3 weeks to receive GC after the Welcome Letter. You had better make it 3-7 days.

You will be able to travel next week with your GC in your pocket, I am very sure. GOOD LUCK !......

Has anyone else received their GC within a week? I hope this is true...

The downside is when you purchase tickets at the last minute, the prices are higher!!!

Hey guys,

Just when you thought i wouldnt post again, here i am. well my husband received the official acceptance letter on monday welcoming him to the usa. the letter says we will receive the residency card in 3 weeks. the problem is i need to travel outside the US and i want my husband to tag along. we both need a vacation. To much stress here in miami. I need to travel next week. Some training im mandatory to go to. Ive heard rumors about being able to receive sometype of stamp in my husbands passport and that we would be able to travel. is thi true? if it is could someone explain to me with details. and if there is any other way for my husband to travel next week? he still hasnt received his card yet. thank you so much

Hey guys,

to start with i want to thank everyone who helped my husband and I through this process. a tough one to complete but it has been completed. My husband received yesterday a letter from USCIS stating CONGRATULATIONS AND WELCOME TO THE UNITED STATES OF AMERICA" the amazing thing it was we filed 3 months ago and it was approved. it also says we should received the residency card within 3 weeks. we are so excited. the weird thing is the same day we got the letter of approval, he received his EAD. lol how about funny? we were planning to travel in may with the travel document which theres no need for that since his card should be here beginning may. we are so excited and thank you so much for all of you guys. you helped us out a lot. i still cant get over the fact that it was approved in 3months. we are so blessed. thank you

Could you explain to me regarding the timeline you spoke about. im confused

You VJ timeline indicates alien US entry on 08/13/08... 90 days authorized stay ended on or about 11/11/08. With no AOS application pending, overstay days began to accrue. You mentioned AOS application in January (but not what day in January). From 11/11/08 to 1/1/09 is about 50 days. Add the number of days from 1/1/09 until acceptance of the I-485 will add additional overstay days. For example, if you submitted on 1/15/09 then the total accrued would be 65 days (50 days from 11/11 to 1/1 plus 15 more days in January). This number needs to be below 180 before a "ban" on re-entry would be triggered if the alien departed. If a re-entry ban is triggered then AP (I-512L) will not get him back in to the USA, rendering the AP document effectively unusable for your situation.

well we filed on January 17, 2009. so i guess we are fine because that would make it 67 days, correct? just want to be sure... thanks for explaining

If more than 180 days have passed since the I-94 expired and the AOS application is accepted then don't use the I-131 Advance Parole even if one is granted. USCIS will issue an I-131 but if he leaves the country and has more than 180 out-of-status days, the border authorities will not honour the AP and will deny him re-entry, plus give him a 3 year ban. If he has less than 180 days out of status they shouldn't issue a ban, but they may give him a hard time questioning why he was out of status.

Hi, Im really confused. My husbands I-94 stated its expiration on NOV 11. We are planning to travel in May aqnd his I131 should arrive late april. are you telling em we shouldnt travel. you kind of confused me. sorry

time line would indicate the accrued overstay is in the neighborhood of 45-75 days

Could you explain to me regarding the timeline you spoke about. im confused

Hey guys,

My husband came here on august which means we had 90 days to get married. we did get married in those 90 days, in october to be exacgt but we didnt file for I-485, I-131 and I-765 til January. Is it true this means he's not eligible for the travel document which allows him to leave the country while his residency is pending?

Hey guys,

Well my mother in law has problems (not criminal) back in her hometown Nicaragua. She has a home, a bus and a car which she is willing to sell. My husband and I want her to come and live with us ASAP. (I know not good idea to have the in-laws) my husband has not received his AOS yet. What do you guys advice? Any help? Can I get any advice on a way my mother in law can come here legally? Some type of visa or anything?

P.S. He also wants his 17 year old sister to come!

Hey guys,

My husband needs a Florida ID ASAP!!! he was told that he would be able to get a florida ID with his Notice of Action (NOA), is this true? if not, can he get an ID with any other document (i.e. passport) before his EAD or AOS is approved? Thank you!