bijoux

Have been researching a bit more and think I'm finally getting this. He will have to wait 5 years for his wife to become a USC to adjust his status. I'm wondering if it will hurt him that they already sent in the I-130 since they are unable to do anything further and also wondering why that guy thought it was appropriate to send it in in the first place.

Jim, you are the one I was hoping could help me since you seem the most knowledgable regarding all this. Thanks for your input, and I have a few more questions.

I am wondering the same as Harpa - is my friend even eligible to adjust status at all (as in ever) since he has been out of status and his wife only has a Green Card? I guess you're basically saying that he can't, correct? Is there absolutely no way he can adjust status based upon his marriage to his non-citizen wife? They won't approve an I-130 in this situation? The man doing their paperwork has supposedly helped lots of Laotians in America, so this would mean he was very wrong to file their I-130, right? I'm sorry if you may have already answered all this before, I just wish to understand it very clearly so I can explain it to my friend. If he can't adjust this way, should he return to Laos and file a K-3, or would he be from re-entering the U.S. since he previously overstayed? I know that no one can say for sure what would happen in any situation, I'm just asking for the laws and likelihood.

Thanks again. I think I will strongly recommend that he speak with an immigration attorney.

Hi everyone. I have several questions that I am submitting on behalf of a good friend in need of help. I have recommended that he speak to a lawyer regarding his situation too, but I have done paperwork for my husband and a few other people based on the helpful info from this wonderful website, so I wanted to see what input others may have. I've looked for answers to my questions on the forums and haven't found anything so far to clarify things because it's a confusing situation that I'm not 100% familiar with.

Scenario:

My friend came here from Laos 4 years ago on a tourist visa (B-2, I think). The visa was good for 6 months and he let it expire and has been living here out of status ever since. He recently got married to a Lao woman here who just got her Green Card (NOT a citizen) a few months ago and has had a permit to live here for several years (she got her Green Card as a domestic violence victim of her ex-husband, whom she divorced years ago). They found this Laotian-American government-worker to do their paperwork for them and don't know if he's doing it right or not (he doesn't work for immigration). My understanding was that to adjust status, one must send the whole packet in together - I-130, I-485, I-864, I-765, and I-131 (and supporting evidence). The guy doing it for them only sent in the I-130 packet and payment for that portion and didn't give them copies of anything. They got a receipt for it that it had been accepted and everything. I thought it was wrong to do it this way, so they've been frantically trying to assemble all the other applications to mail, but now I'm reading on the forum that the I-130 is supposed to be sent first if the petitioner is only a Green Card holder.... is this correct? I'm so confused. What should they be expecting in the mail? Is it safe for them to go ahead and send all the other stuff, or do they need to wait on the I-130 to be approved? Can anyone show me the correct link where it gives info on what to do in this situation? Also, how long does it usually take for the I-130 to be approved on its own before sending the rest (if that is how the case is handled in this particular situation).

Sorry for all the specific details, but I wanted to be clear about this unusual situation. Thanks so much for any help you can give!!!

Hi everyone. I have several questions that I am submitting on behalf of a good friend in need of help. I have recommended that he speak to a lawyer regarding his situation too, but I have done paperwork for my husband and a few other people based on the helpful info from this wonderful website, so I wanted to see what input others may have. I've looked for answers to my questions on the forums and haven't found anything so far to clarify things because it's a confusing situation that I'm not 100% familiar with.

Scenario:

My friend came here from Laos 4 years ago on a tourist visa (B-2, I think). The visa was good for 6 months and he let it expire and has been living here out of status ever since. He recently got married to a Lao woman here who just got her Green Card (NOT a citizen) a few months ago and has had a permit to live here for several years (she got her Green Card as a domestic violence victim of her ex-husband, whom she divorced years ago). They found this Laotian-American government-worker to do their paperwork for them and don't know if he's doing it right or not (he doesn't work for immigration). My understanding was that to adjust status, one must send the whole packet in together - I-130, I-485, I-864, I-765, and I-131 (and supporting evidence). The guy doing it for them only sent in the I-130 packet and payment for that portion and didn't give them copies of anything. They got a receipt for it that it had been accepted and everything. I thought it was wrong to do it this way, so they've been frantically trying to assemble all the other applications to mail, but now I'm reading on the forum that the I-130 is supposed to be sent first if the petitioner is only a Green Card holder.... is this correct? I'm so confused. What should they be expecting in the mail? Is it safe for them to go ahead and send all the other stuff, or do they need to wait on the I-130 to be approved? Can anyone show me the correct link where it gives info on what to do in this situation? Also, how long does it usually take for the I-130 to be approved on its own before sending the rest (if that is how the case is handled in this particular situation).

Sorry for all the specific details, but I wanted to be clear about this unusual situation. Thanks so much for any help you can give!!!

Thanks SO much for the help, everyone! Now I'm wondering if my uncle can just go ahead and apply for his citizenship since he still qualifies as a long-time PR, just one with an expired Green Card. Anyone else have any clue regarding this? I looked at the citizenship application and couldn't find any info about it.

They told me they expired last March, I believe. I hope to see them this weekend and find out the exact dates.

Hi there! I am hoping to get some help from anyone knowledgable as I am doing research and helping some family members with their immigration papers. Here is the situation....

My German step-grandmother married my U.S. citizen grandfather (military) about 40 years ago and has been living in the U.S. for almost that long. She brought her son (my uncle) with her when she moved here, and he hasn't been back to Germany since he was a very small boy. Last year, their green cards - which they've had for a very long time - expired at a time when they did not have the money to renew them (MAJOR financial problems). I know that is something that one should definitely plan to have money for, but it wasn't my situation and I wasn't in control of it - just trying to help them figure things out now. They both wish to renew their green cards now that they have the money, but it has been nearly a year, so I wanted to know: Can one renew a green card after it's already expired? They are ready to send in their I-90s and everything, I just don't want them to pay the money if it is quite probable that their renewals will be denied immediately (I really don't know how things typically work in this kind of situation). Also, my uncle would like to go ahead and apply for his citizenship - can he go ahead and apply with an expired green card, or must he first renew it and then apply afterwards? I really appreciate any advice and/or links anyone can give me, as so far I haven't really been able to find anything. Thank you!

Wow, Rin & John, thank you so much! Exactly the stuff I needed.

Hep B and Flu shots? I didn't think those were required? Ah, this stuff IS so confusing! We've been debating back and forth whether or not to complete the I-693 at all. (Like it really seems to matter, but...) the instructions say that one must show proof that one has complied with the vaccination requirements and fill out an I-693 if the DS-3025 was not properly completed during the overseas medical. To my understanding that would mean that since he got all his required shots over there like he was supposed to and the doctor filled everything out properly on his DS-3025 (of which we have a copy), then we don't need to submit an I-693. Am I incorrect in my understanding of this? I guess what I need is USCIS's definition of "properly completed." Sheesh.

Hi there! I've been reading a lot of helpful information regarding all this vaccination confusion and appreciate all the advice so far. And still I, like many, also have an inquiry. I've read from other postings that only the first shot in a series (for example, TdaP, MMR) is required to adjust status.... could anyone show me a link to where this may be stated? My fiance underwent the medical exam in Thailand and had his DS-3025 filled out correctly, but his "Td" vaccincation - which he did receive - is listed as "insufficient time interval." I thought it was perfectly fine that he only received this first shot, but when I spoke to the civil surgeon's office yesterday, they said he would need two doses of the TdaP before adjusting status (and that 1 MMR was sufficient). He had no medical records of receiving the vaccinations prior to visiting the embassy doctor in Thailand last July. Does he need to get the second dose of the series before we send off the package, or is this CS's office mistaken? What is the appropriate time interval between receiving the 1st and 2nd does?

Thanks very much everyone!