Babs0324

Did they ask you for the Moms's permission to travel?!!

I knew we needed that at some point but when?! the permission has to be notarized ?

or can it be a statement signed by her?!

also when they approve the I 130 and they give her the visa she gets here can she travel back right away! like in a couple of weeks we want to bring her here little by little !

when did u file for this and how long did it take u?

We did not receive an RFE for the permission letter because we were informed from other people's posts that this would be needed. We submitted it along with the DS-230, which is sent in at the NVC stage. You still have time.

Ours was notarized. I am not sure if it has to be, but my guess is that it does have to be notarized. Maybe someone with more knowledge can chime in on this. Because my stepson is from Colombia, which also requires permission for minors to travel outside the country, the mother filled out a specific form supplied by DAS. You may also want to look into whether Peru also requires such permission letters to travel when you leave the airport.

If you look at my timeline, the I-130 took between 2-3 months, with the NVC stage taking about the same amount of time. We received an RFE for an improperly filled out I-864A which delayed the process a few weeks.

As far as traveling is concerned, I don't see any reason why should could not travel back. But, as I mentioned before, you must maintain the residency requirements to maintain permanent resident status. Bottom line: don't stay out of the U.S. for too long.

Another thing, does your stepdaughter have a tourist visa? I know it is difficult to get one from South America, but maybe you should try that route first to see if she likes it here, if that is your concern. If she does, then you can file the petition. If she doesn't, you save yourself time and energy (and money) filing the petition.

At some point, you will also need mom's permission to travel. We submitted this to the NVC after the I-130 was approved along with the DS-230 and we did not receive an RFE. Because she is a minor, failure to provide permission from her mother will probably result in denial of the visa, unless your husband has full legal custody.

Also, once she receives her green card, she can travel back and forth, but she must meet the residence requirements. She cannot use the green card as a tourist visa, and must stay (I think) at least six months in the U.S. each year to maintain her status.

Good luck with everything. The whole process does not take too long if the USC files.

how would she know if she just me in November? she knows what I do and the type of business but not the name of the company.

I am currently petitioning for my stepson (we are waiting for an interview) and I have read other posts here that have indicated that they are more concerned with the relationship between the biological parent and the USC. I actually was just looking at the appointment package, which says nothing about bringing proof of relationship to an IR2 interview. I'm sorry this happened to you, but I have a friend in Colombia who has had to go back to the embassy several times (she is filing DCF), and she said she can get an appointment within weeks, so I am sure it won't take too long. At least they didn't ask for a DNA test.

Good luck

Hello all,I also got a RFE from NVC pertaining to the DS230 that i sent in.They said my husband didnt complete page 1 and that he needed his original birth certificate,which i thought we sent.And they also said that they need our original marriage certificate,which i sent.

I want to know if anyone knows what they really mean by ORIGINAL MARRIAGE CERTIFICATE,if the one i sent was not? Should i send my husband to the registry to get what ever paper work THEY have?

I am the USC and my husband is in Nigeria,Is there any quick way to get these documents back to the NVC. I have been going through this whole process for 3 years now and I have had everything go wrong that you can imagine,from going through FBI checks to me having to go to a interview here in the USA because my birth certificate looks forged.I guess back in the day your first and last name was written by hand and the rest typed,it did look fraudulent but it was'nt...Now the NVC wants me to turn in documents that i already turned in.Not to mention all these documents have to mailed all the way from Nigeria.Please does ANYONE know any quicker way to get this done.

I don't know of any faster way to get this done. We also had an RFE, it took about a week from the time we sent it for them to acknowledge receipt, and they are now still working on everything. I know it's frustrating, but hang in there!

As for the marriage certificate, where did you get married? In the U.S., I know you just go to the city hall in the city that your marriage took place and get an 'original' marriage certificate. I would definitely try to speak to an operator if you are confused as to what you need to send in. Also, it is not incredibly uncommon for them to lose documents . . . so I might try to get a couple of originals because you will probably have to present them at the interview anyways.

Good luck!

I'm new here and have a couple questions. Our interview is coming up Dec. 22nd. I'm stressing so much I'm sick. Here is a quick overview of our situation. We met in 2004, married in 2006, have two kids, and started this process about 8 or 9 months ago. We have lost and been denied a copy of my husbands I-94. They say they don't have it on file. We don't have it at all for the interview. My husband came here at 16 on a temporary passport and overstayed obviously by many years. So here is my questions.

Can he be deported if at the interview he is denied the green card? Is it likely they will take that action?

And could he be approved for the green card without the I-94?

Thanks a lot~

Ashley

I am not trying to scare you but If he is currently out of status he might be detained when you show up to the interview. Do you have an attorney? If not, you might want to consult with one if possible. We were in a similar situation and I'd be happy to discuss with you the specifics if you like. Just send me a message.

Good luck.

Yes, we have an attorney. He has his work permit that was issued back in April. That's it though. Does that count for anything? She hasn't brought up anything about him possibly being detained. Is that common? We just got the appointment today, and I've emailed the attorney with these questions, but it'll probably be monday before she gets back to me. I just don't know what to expect.

If he has his employment authorization I wouldn't worry. My situation was slightly different b/c my husband was out of status (and wasn't granted his authorization to work until after he received his green card) We were able to adjust status but had to file a waiver.

As for the I-94, we originally couldn't find his I-94 and we were told that it wasn't that big of a deal. We ultimately found a photocopy though, so I am not really sure how that plays out.

Sorry I couldn't be much help! I am sure the interview will go well. Good luck!

I'm new here and have a couple questions. Our interview is coming up Dec. 22nd. I'm stressing so much I'm sick. Here is a quick overview of our situation. We met in 2004, married in 2006, have two kids, and started this process about 8 or 9 months ago. We have lost and been denied a copy of my husbands I-94. They say they don't have it on file. We don't have it at all for the interview. My husband came here at 16 on a temporary passport and overstayed obviously by many years. So here is my questions.

Can he be deported if at the interview he is denied the green card? Is it likely they will take that action?

And could he be approved for the green card without the I-94?

Thanks a lot~

Ashley

I am not trying to scare you but If he is currently out of status he might be detained when you show up to the interview. Do you have an attorney? If not, you might want to consult with one if possible. We were in a similar situation and I'd be happy to discuss with you the specifics if you like. Just send me a message.

Good luck.

Thank you for the info and links. It will be very useful during this process.

Thanks,

Mike

My stepson's I-130 was just approved and we are going through NVC right now. I spoke with an operator, who told me that my husband should sign all the forms. (My stepson is 9). Also, you are going to have to submit a letter from the children's father granting permission to immigrate to the U.S. We sent ours in with the DS 230.

Good luck

yes it was around that much she lives on her own! i will have to double check the tax return but im 90% sure it said that

i sent in tax returns. supporting documents would a retired person have!!

I'm not really sure if this is what they mean by "proof of current income," but I know that when I filled out the 864 I sent in a current letter from my employer stating that I was employed and how much my salary was. I know that she is retired, but maybe they would like proof of the source of her retirement income.

I think if your income is sufficient you can use the 864EZ form. If you also need to include your wife's income to meet the povery guidelines, you must fill out the 864 and she must fill out the 864A.

Also, have your wife fill out the DS 3032 form and sign it. Have her choose you as the agent and put down your contact information. That way, materials will be sent to you instead of to your stepdaughter.

If you certify that you are competent in both languages, then you can translate the document yourself. Just have it notarized so they know that it was you who signed the document.

I translated my stepson's documents from spanish to english. We had looked into getting it translated by another, but they wanted to charge $20 per sheet. I think we had four sheets, so I decided to save the money and do it myself. The I-130 was recently approved with no problems.

Does my wife mail this to the NVC from Colombia? or can she email it? If she emails it how do they get her signature?

I think she can either email the DS 3032 or mail it to the NVC. However, given the fact that Colombia's mail system is incredibly unreliable, you may want to have her email the form.

As far as the signature is concerned, usually the aspect of emailing it from her address is sufficient. When I email documents, I usually 'sign' them electronically, as well. (at the bottom just put s/ (type your name)). Alternatively, you could just sign the document and scan it, and email it as an attachment.

Good luck.

I think it may depend on how he enters the United States. If he has to obtain a B-2 visa, I do not think he will be able to adjust status, as one of the requisites for obtaining a visitor visa is to overcome the presumption that you do not intend to immigrate. Because he does intend to immigrate, I do not think he would be able to adjust status if he entered on a B-2 visa.

However, I do not know if a visa would be needed...maybe you can check with the regional boards. I am sure that someone with more experience re: immigration from Canada would be able to help figure this out.

Good luck.

because he lied and said he never applied for a visa before. Which he did in 1999 and was also denied then

Yup - sounds like he was caught misrepresenting himself, and was lucky to only incur a 10 year ban, not lifetime.

The EWI and 1+ year overstay doesn't help either.

Your waiver will probably not be granted due to the misrepresentation, from what I have read on similar cases. They take "lying" very seriously.

Your other friend must of gotten really lucky, or misrepresented themselves when they applied for the visas and were not caught.

You will have to file an I-601 waiver due to the misrepresentation and the unlawful presence in the United States. Your fiance likely incurred a ten year ban because he entered/stayed in the United States unlawfully for over one year. Because he was not deported, I don't think the I-212 is applicable. In addition, this is not a case of an "overstay," because he was never admitted lawfully into the U.S. Therefore, there is no visa to "overstay." Regardless, the I-601 waiver is very complex and takes a lot of time to put together--it is worth consulting a good immigration lawyer with a lot of experience handling waivers.

Also, it is unwise to suggest that the OP's waiver will not be granted, as we don't have any other information about mitigating/aggravating factors that could support/detract from the waiver. In addition, a lot of this depends on where the waiver ends up--keep in mind that just because you file it in Brazil does not mean that it will be adjudicated in Brazil. If Brazil has a lot of petitions, it could be sent elsewhere.

To the OP-good luck with your process.

Yes It is a step parent relationship,

The cr-2 will be sent with the cr-1

If this is a step-parent relationship, you should at least send in the following: (1) proof of your status (US citizen birth certificate/passport, LPR greencard), (2) copy of marriage certificate to the beneficiary's father, (3) the childrens' birth certificates with his name on it. Also, it is important to obtain a notarized letter from the other parent allowing them to immigrate to the US.

If the children were born out of wedlock, then additional evidence of an actual relationship between the father and the children are required. This can be in the forms of pictures, letters to each other, letters from family members that were around when the children were born, medical records, school enrollment documents, etc.

Regardless, it doesn't hurt to include any additional evidence of a relationship between the beneficiaries, their father, and you. If you provide enough evidence it is less likely that they would require a DNA test, which saves time and money. But double check with the I-130 instructions. They provide a great checklist to go by.

The instructions do not mention the "notarized letter" from the other parent. Why do you mention this is important? The other stuff you mention isn't necessary in my case, since my step-son is my wife's child, but canadiangirl's sitch may be different.

Thanks.

Mark

The letter is not needed until you get to the NVC, but it speeds things up if you can submit everything together and prevents and RFE. The NVC will not issue an immigrant visa to a child without it--I am assuming--to prevent international abductions. I am not positive, and others may be able to confirm, but as canadiangal mentioned, proof that your wife has sole custody may be sufficient to issue the visa. However, you may want to check with Peruvian law to see if there are any additional requirements for your step-child to leave the country. When we petitioned my step-children, Colombian law required us to obtain the letter from their mother to leave the country, and would not let us on the plane without it. We need this letter each time they leave the country.

Yes It is a step parent relationship,

The cr-2 will be sent with the cr-1

If this is a step-parent relationship, you should at least send in the following: (1) proof of your status (US citizen birth certificate/passport, LPR greencard), (2) copy of marriage certificate to the beneficiary's father, (3) the childrens' birth certificates with his name on it. Also, it is important to obtain a notarized letter from the other parent allowing them to immigrate to the US.

If the children were born out of wedlock, then additional evidence of an actual relationship between the father and the children are required. This can be in the forms of pictures, letters to each other, letters from family members that were around when the children were born, medical records, school enrollment documents, etc.

Regardless, it doesn't hurt to include any additional evidence of a relationship between the beneficiaries, their father, and you. If you provide enough evidence it is less likely that they would require a DNA test, which saves time and money. But double check with the I-130 instructions. They provide a great checklist to go by.

I seem to be confused on this subject.

Could someone lay out what I am suppose to send in for a cr-2

Do i fill out the same I-130 or is there a different i-130 for children?

what else do i need to send in with the i-130?

You use the same I-130 for each child. You also need to send in evidence of the qualifying relationship. The instructions for the actual I-130 lay out exactly what is required. Is this a step-parent relationship?

If you are married to an LPR you cannot adjust from within the US. You can only file all forms had you married a citizen. You have no visa available by being married to an LPR. Seeing your time line you SO is now a citizen now you can file the I-485, I-765. The reason all of these were returned to you was because you could not adjust being narried to an LPR. Now that they are citizen re file with the fee of 1010.00. Do you have a receipt number for the I-130??

That definitely makes more sense....which concerns me that your lawyer was not aware of this/was not paying attention

As someone who knows how expensive attorneys can be, if your case is straightforward I would definitely do the work myself.

Because she was deported she would need a waiver in order to get a visa during the 5 year ban. I would talk to some of the people in the forum on waivers who have experience on the subject. Unless you think that you could put together a solid waiver package it might be best to wait the two years to save yourself the time/energy/heartache. Plus, it takes approximately 6 months for the I-130, 3 months at the NVC, and another 6 months at least for the waiver. By that point you won't have to wait very much longer until her ban is up.

I am not positive, but you will most likely have to file the I-485 and I-765 again. This is due to the fact that when your lawyer intitially filed everything together your priority date was not current. Thus, you were ineligible to adjust status at that time because there was no visa available. [Hence the reason why USCIS has no record on file/why you did not receive a NOA1] Now that you have updated your status and are immediately eligible to adjust status, you can file the I-481/765.

My husband and I initially filed the I-130 and did not file the I-485/765 until five months later. They waited to approve our I-130 until our interview for the I-485, but after the interview we received notifications that both were approved. It should not be a problem if you file the I-485 now, but you may want to consider consulting another attorney. At any rate, I hope it works out for you!

What is most likely going to happen is that he will receive his appointment to go the Embassy for an interview following the NVC stage. During his interview, the Consular will find that he is inadmissible for entry into the United States due to his executed order of deportation. At that point, they will allow you to submit any waivers that are required/give you time to submit the waivers. I am not positive, but I think you will have to file an I-212 and possibly an I-601, depending on the reasons surrounding the deportation. My husband and I were successful with our own 601 waiver, but they are difficult as you must prove extreme hardship. If you have the opportunity, I would consult with a good immigration lawyer.