JERIII

This is the one thing I don't like about VJ. We're all so sure we know about everything. And we're all so sure that all the lawyers are wrong.
Guess what, the lawyer is correct. Here's the relevant law:
Sec. 319. [8 U.S.C. 1430]


(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.
LPRs who obtain their green card "by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty" are eligible to apply after three years, exempted from the requirement that they have been living with their spouse.
It took me about five minutes to find the relevant policy USCIS memo with a web search.
We all need to be a little more careful about areas of immigration with which we have little experience, like VAWA cases.

There is no fee if you have filed for AOS. Just include a copy of the NOA for the AOS with the application for advance parole.
If you have not filed for AOS, I don't see what basis you would have for applying for advance parole.

Don't worry.
In most places, you cannot get the original of your marriage certificate - it is kept on file. What you get is a "certified copy." USCIS does not require that you send
originals. In this case, the original is the "certified copy." You sent a copy of that, which is the right thing to do. What they are actually asking for is the copy of the
certified copy.
The reason they ask for a "certified" copy is so that people do not send a copy made BEFORE the marriage is recorded officially.

Approved!
California Service Center (42 applicants, 35 approved 83%)
VJName.............Date of I-751.....NOA1 Date......Biometrics.......Approved....Local DO
Merrill.............10/29/10..........11/01/10.......01/10/10........03/09/11.... (RFE rcvd 3/1, GC rcvd 3/12)
pam&josh............10/29/10..........11/02/10.......12/08/10........02/01/11....
TL&IS...............10/30/10..........11/01/10.......01/11/11........02/28/11.... (card received 3/4)
Kasiraman...........11/01/10..........11/09/10.......12/07/10........01/31/11.... (Early Bio 11/29)
BAN.................11/02/10..........11/03/10.......01/06/11........03/01/11....
LYNNANDAHMED........11/02/10..........11/04/10.......12/02/10........02/11/11....
BFORBARREE..........11/02/10..........11/??/10.......11/26/10........01/25/11.... RFE rcvd 12/09, responded 1/19 GC rcvd 1/28
Nineta..............11/03/10..........11/11/10.......12/22/10........02/08/11.... (Early Bio 12/15)
Yasi................11/04/10..........12/03/10.......12/29/10........03/18/11.... (RFE received 3/05, responded 3/08)(card received 3/24)
Debbylyn............11/05/10..........11/08/10.......12/20/10........02/09/11.... (card redeived 2/14)
saradanielle........11/05/10..........11/12/10.......12/14/10........02/12/11.... (card received 2/14)
linda123............11/07/10..........11/14/10.......12/30/10........02/17/11.... (card received 2/25)
Justagirl24.........11/08/10..........11/09/10.......01/20/11........02/28/11.... (card received 03/05)
Geostefan...........11/08/10..........11/--/10.......01/31/11........--/--/11.... (RFE received 3/11)
my-angel............11/08/10..........11/12/10.......01/14/11........02/28/11.... (card received 3/05)
me262...............11/08/10..........11/10/10.......12/15/10........02/08/11.... 02/14/11...Rcvd GC
SMB x2..............11/08/10..........11/10/10.......12/22/10........03/03/11.... (Late Bio 1/12/11)
Jeff&Sylvia.........11/09/10..........11/12/10.......12/09/10........03/23/11.... (Late Bio 12/10) (Re-take Bio 12/30) (Re-take Bio 2/11)
jimcat..............11/10/10..........11/12/10.......12/20/10........02/11/11.... (card received 2/22)
Xochitl18...........11/12/10..........11/15/10.......01/28/11........03/04/11.... (card received 3/10)
hum tum.............11/12/10..........11/15/10.......12/23/10........02/23/11.... (card received 2/28)
Merlot..............11/13/10..........11/15/10.......01/12/11........03/01/11....
PattyS_Husband......11/13/10..........11/15/10.......--/--/10........--/--/11....
BRI1973.............11/??/10..........11/15/10.......12/23/10........01/26/11....
DisneyLovers........11/15/10..........11/17/10.......12/28/10........02/16/11.... (card received 2/23)
briana10............11/15/10..........11/16/10.......12/29/10........--/--/11....
mbdesousa...........11/15/10..........11/??/10.......01/03/11........02/28/11.... (card received 3/05)
Vsfansfans..........11/16/10..........11/17/10.......12/23/10........--/--/11....
Jupiter07...........11/16/10..........11/18/10.......12/21/10........03/29/11.... Columbus, OH
caligurl............11/16/10..........11/??/10.......12/23/10........--/--/11....
KJC.................11/17/10..........11/18/10.......12/29/10........03/04/11....
SonoranSongbird.....11/18/10..........11/19/10.......12/21/10........02/16/11....
bmtrrbt.............11/??/10..........11/19/10.......12/29/10........02/17/11....
FaustlnAK...........11/18/10..........11/22/10.......02/03/11........02/16/11.... (card received 2/24)
CHRISMATT84.........11/19/10..........11/22/10.......12/21/10........02/22/11.... (card received 3/02)
Abranch.............11/19/10..........--/--/10.......12/22/10........02/10/11.... (Never received NOA1)
timcass_12..........11/19/10..........11/22/10.......12/22/10........02/09/11.... (card received 2/10)
wizardfitz..........11/22/10..........11/30/10.......12/21/10........02/15/11.... (card received 2/19)
patriciaofoz........11/24/10..........11/??/10.......01/07/11........02/23/11.... (card received 2/28)
flipilychee820......11/24/10..........11/26/10.......01/14/11........03/01/11.... (card received 3/05)
Kang Lang...........11/26/10..........11/29/10.......02/01/11........--/--/11.... (Early Bio 01/07)
Stardust72..........11/27/10..........1-/--/10.......01/07/11........--/--/11.... (RFE received 3/05)
Vermont Service Center (41 applicants, 13 Approved 32%)
VJName.............Date of I-751.....NOA1 Date......Biometrics.......Approved....Local DO
Rheiys..............10/29/10..........11/01/10.......12/16/10........03/18/11.... (card received 3/21)
R and F.............10/30/10..........11/02/10.......12/10/10........03/23/11....
AlHayatZween........10/30/10..........11/03/10.......12/30/10........--/--/11....
David & Amy.........11/01/10..........11/08/10.......01/20/11........03/09/11.... (card received 3/14)
Robyn-n-Kris........11/03/10..........11/08/10.......12/20/10........--/--/11....
Sam and Metodi......11/03/10..........11/05/10.......12/08/10........03/18/11.... (card received 3/25?)
w1331...............11/04/10..........11/08/10.......12/17/11........03/07/11....
windycity...........11/04/10..........11/08/10.......01/25/11........03/29/11.... (Early Bio 01/12), Alexandria, VA
Daniele & Jen.......11/04/10..........11/05/10.......12/21/10........02/28/11.... Elizabeth, NJ
Jeriii..............11/04/10..........11/08/10.......12/14/10........03/29/11.... (Early Bio 12/01),(card received 3/31)
B_Weeks.............11/05/10..........11/08/10.......12/22/10........03/03/11.... (card received 3/08)
kingtmac............11/06/10..........11/09/10.......01/18/11........--/--/11....
gemindsims..........11/06/10..........11/08/10.......01/18/10........--/--/11....
grahamandmegan......11/06/10..........11/09/10.......12/22/10........03/03/11.... (Early Bio 12/07)
Lucille.............11/06/10..........11/??/10.......01/25/10........03/30/11....
emerce..............11/10/10..........11/12/10.......12/28/10........--/--/11....
Bobalouie...........11/10/10..........11/12/10.......12/22/10........--/--/11.... RFE Recieved 3-19-11, Dated 3-15-11
rugbydude05.........11/10/10..........11/15/10.......12/28/10........03/29/11.... Elizabeth, NJ
JR&DI...............11/12/10..........11/15/10.......12/27/10........--/--/11....
BLEECKER............11/12/10..........11/15/10.......12/28/10........--/--/11....
DON2008.............11/12/10..........11/16/10.......12/30/10........--/--/11....
TigerTeddyBear......11/13/10..........11/16/10.......12/17/10........--/--/11....
Gypsyangel..........11/16/10..........11/19/10.......12/29/10........--/--/11.... (Early Bio 12/21), Mount Laurel, NJ
Gelato..............11/16/10..........11/19/10.......12/28/10........--/--/11....
LSMA................11/17/10..........11/22/10.......01/25/10........--/--/11....
new2009.............11/17/10..........11/22/10.......01/25/11........--/--/11.... (Early Bio 01/19, Alexandria VA)
GlynandKathy........11/17/10..........11/26/10.......12/21/10........--/--/11.... Bedford, NH
"rylee".............11/18/10..........11/22/10.......01/04/11........--/--/11....
tanyaru.............11/18/10..........11/22/10.......01/27/11........--/--/11.... (Early Bio 01/07), Fairfax,VA
Zee Bee.............11/19/10..........11/22/10.......12/23/10........--/--/11.... (Early Bio 12/16)
babybigpig..........11/19/10..........--/--/--.......02/25/11........--/--/11.... (Never received NOA and got I-551 stamped)
Bigley..............11/19/10..........11/22/10.......12/28/10........--/--/11....
brnie80.............11/19/10..........11/22/10.......01/07/11........--/--/11....
didiladi9...........11/19/10..........11/22/10.......01/03/11........--/--/11....
E-MIGRA ............11/20/10..........11/22/10.......01/27/11........--/--/11.... (Early Bio 01/21, Alexandria, VA)
drl.................11/20/10..........11/22/10.......12/29/10........--/--/11....
EastMeetWest........11/20/10..........11/22/10.......01/03/11........--/--/11....
Nani................11/21/10..........11/22/10.......01/05/11........--/--/11....
ARRTA...............11/27/10..........11/30/10.......01/07/10........--/--/11.... Lawrence, MA
JB_VJ...............11/29/10..........12/01/10.......01/31/10........--/--/11....
Sandrila............11/??/10..........??/??/10.......12/09/10........02/16/11.... (filed in the 3rd week of Nov)
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Back-and-forth.
The original poster asked about I-130 (petition for alien relative) - not I-131 (AP). The OP says he is filing "both at the same time" - this is both I-485 and I-130. If the OP did not do a K visa, but is applying directly for a spouse who lives in the US, then the fees he states are correct,

This is the one thing I don't like about VJ. We're all so sure we know about everything. And we're all so sure that all the lawyers are wrong.
Guess what, the lawyer is correct. Here's the relevant law:
Sec. 319. [8 U.S.C. 1430]


(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.
LPRs who obtain their green card "by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty" are eligible to apply after three years, exempted from the requirement that they have been living with their spouse.
It took me about five minutes to find the relevant policy USCIS memo with a web search.
We all need to be a little more careful about areas of immigration with which we have little experience, like VAWA cases.

No, he will need to apply to a college/university, get accepted, apply for a student visa and be granted a F-1 visa.
You cannot convert visas.

First thing, she needs to fire the lawyer.
Then wait until she's eligible to check one of the boxes in part 2 of the N-400. My guess is that the five years with green card will be her first opportunity. She can mail the paperwork up to 90 days before completing the 5 years.
There's no waiver to allow filing after three years if the marital union dissolved, regardless of the reason for dissolution.

Your sister will need to wait at least 5 years from the time she became a LPR (check the Green Card) until she can become a US citizen. It's a very simple concept.

If she is divorced, she is eligible to apply for Citizenship in 5 years minus 90 days from the date her first Green Card was issued.

This is the one thing I don't like about VJ. We're all so sure we know about everything. And we're all so sure that all the lawyers are wrong.
Guess what, the lawyer is correct. Here's the relevant law:
Sec. 319. [8 U.S.C. 1430]


(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.
LPRs who obtain their green card "by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty" are eligible to apply after three years, exempted from the requirement that they have been living with their spouse.
It took me about five minutes to find the relevant policy USCIS memo with a web search.
We all need to be a little more careful about areas of immigration with which we have little experience, like VAWA cases.

I helped my friend go through a student/aos scenario.
Just follow the guides above, include what each form requires, and you should not have any issues.

So you killed a few bad guys, did some minor drive-by shootings, perhaps a little robbery or an assault, but never got caught. And now you wonder if you should mention these crimes on your N-400 application and if you did, if that would get you in trouble?
Let think about that; I'll get back to you with an answer tomorrow.

Your post makes no sense. Why don't you post it in French in the Canada section . . .

Misrepresentation bans are one of the toughest to get past. You'll certainly need a lawyer. Plus, you'll need to prove why you, the US citizen, cannot live in the US without your boyfriend and why you cannot move to Canada.
check out immigrate2us.net - they focus on inadmissability.
Laurel Scott specializes in inadmissability and offers a free immigration chat on wednesdays
Good luck

So then you don't think they'll think of this lying about working as pretty much the same as lying about sex? Probably not, huh?

Not a good idea.
Census happens once every 10 years so its not a form of evidence that proves co-habitation or co-mingling of finances or lives.
Sending unnecessary forms will bring additional scrutiny.

If you want to marry someone that is a liar and has a ban because of previous lying and fraud he would have to request a waiver. If the waiver is granted he can then come here and promise to love, honor and cherish you the rest of his life.
The experienced people at DHS tend to take a dim view of such promises from people that have demostrated clear contempt for laws, rules, promises etc.

You want to check the Governments' records? Cool. Could you do me a favor and check what's in the hangars at Area 51? No President has yet been forthcoming with that, and I'd really would like to know.
Thanks a bunch in advance!
Bob

There's some misinformation in this thread, I think.
First, you CAN apply to convert a visitor visa to a student visa. This is one of the advantages of the visitor visa over the visa waiver program. It does take time.
That said, your friend will need to be accepted into a program that can give him an I-20, and will need to have the funds to pay for the schooling. It will need to be "full-time," although the definition of that is complicated.
The question of whether or not he can go to a community college is not straightforward, but depends on the state. Non-residents are certainly eligible to go in some places (I know lots of international students who have gone to community colleges), but they are usually not eligible for financial aid or for in-state tuition rates.