JordanP

Sorry.. one more.. do I fill in the forms using my address here in the US (my husband & my house)? Or do I use my address from Canada (this would be my parent's address, where I lived in Canada)?

Use your U.S. address. This is where you live now and where you will receive your correspondence regarding your case.

P.S. I had my greencard appointment this morning and was approved Just had to share my good news!

OH yeah! Forgot about the medical. That will be a couple hundred as well. All up, you'll be looking at about $1500-1700 in fees, depending on the cost of the medical. I shopped around, but the prices I was quoted ranged from about $250 to $400 including the vaccinations.

Hey DaniG! Thanks so much for your reply!! I am already looking forward to the "2nd wedding"... the BIG ONE!!! I like your time line lol!

So I-130 is the Petition for Alien Relative (I guess I am the Alien Relative huh? duhh..) This really needs to be filed? Even though I am already here in the States and we are now already married (not fiancee status)?? Is this a separate fee?

Is I-864 Affidavit also a separate fee?

If you are able to clarify I would really appreciate it. I've already started reading up on it too... and the link you had provided is amazing!

Hi.

I'm in a very similar situation, in that I'm a Canadian here on an F-1 student visa and have a pending green card application. I actually applied under my Dad, though, based on a petition he filed for me in 2004 (the i-130).

It seems you have everything in order. The i-130 is the petition, which needs to be filed. Since you are now the immediate relative of a US Citizen, you don't have to wait for a visa number to become available, so you file the I-485 application to adjust at the same time. You can also file your I-765 (work auth) and advance parole for travel (I forget the number)at the same time. There is not an extra charge for those when filing the I-485, if I remember correct. The fee for the i-485 is about $1010 with the biometrics fee. I think the fee for the i-130 is about $300 now.

Here is something you do need to know. The F-1 visa is not a dual intent visa, meaning you aren't supposed to have immigrant intent, you are just supposed to be here as a temporary student. Obviously, people's circumstances do change and since you've met a USC and gotten married you are no eligible to adjust. The thing is, if you work on your EAD or travel on your advance parole, you likely will not be admitted back to the US as an F-1 student. What this means is that if you get denied for your green card, you may be out of status while you finish your classes, depending on how long this takes. My lawyer is very conservative and advised me not to travel on any advance parole that was issued in regards to my green card as entering on the advance parole supersedes my entry on my F-1. If I were to later get denied the green card, I would likely be deemed out of status (and not in status on my F-1). I'd then need to leave the country and re-enter. Having filed the I-485 I would have exhibited immigrant intent and could stand to be denied entry on a temporary status, such as F-1 student or B-2 visitor. Working on the EAD could also pose a problem, but I got my EAD based on unforeseen circumstances under my F-1 status (I'm getting hitched to a yank too, and we're having a kiddo).

I'd probably just wait it out and not leave until after you have your green card in hand, just to be safe. The length of time it takes depends on where you file (I believe). I applied in March, had my biometrics in early April, and have my green card interview on Tuesday. I understand things are moving pretty quick right now across the board. My interview is likely the result of a DUI arrest I had a couple of years ago (which I'm freaking out over <---side note), but you may have an interview, too, as they like to make sure the marriage is legit.

Hope this helps. If you have any more questions, shoot me a message. I've spend countless hours on this situation and have had much dialogue with my attorney. As you know, I can't give "legal" advice, but I'm happy to share what I know.

Jordan

I think it's the biometrics photo. The EAD card has the biometrics photo.

Thanks!

Hey Everyone,

Just wondering which photo will be on the green card. Will it be one of the passport photos I submitter with my original application or the one that was taken at the biometrics appointment?

Not that big of a deal, just curious.

Thanks!

DOS likes to use the phrase, "dual nationality". this goes along with that place of birth thing with practically all countries considering you a citizen of your home country if you were born there. Even if you left at an early age, don't know the language, the culture, the laws, don't know anything about that country you will born in. Still and always a citizen of that country.

And if your home country considers you a citizen of that country, may require you to maintain their passport to even visit it. They know you are from that country, because the US DOS puts your place of birth of that country, so you can't even deny or fake it. Then if you renounce citizenship of your home country, they may even deny you visitation rights like to visit your mom.

So welcome to the twilight zone. The USC oaths makes you promise to renounce any allegiance to any other country except the USA, but you can't really do it if you have family there and want to visit them on occasion, kind of puts you between a rock and hard place. But we don't make the laws, we are suppose to figure out how to follow them.

We have no control of where we were born.

As the others have said, you have to "be willing to renounce ties to other countries" to become a U.S. citizen, but you don't have to do it. You can hold citizenship to two countries and have passports from both the UK and US. I'd go ahead and get it. Even if you do want to move back to the UK at some point, having citizenship already in the US would make it easier to move back if you changed your mind. Your residency in the US will become invalid if you spend a significant period of time outside the US; citizenship will not leave you.

hey guys, i received my I-485 NOA and its dated may 03, 2010. I'm supposed to get a letter for the biometrics appointment but I havent gotten anything yet. I was reading that it arrives in about a week after the I-485 NOA. its been 20days and nothing. Does everyone get a biometrics appointment?

Yes. They have to take your fingerprints and picture for your card. I think I received my appointment about 3 weeks after my application was received at the USCIS office. You may want to check your NOA for contact info and follow up, just to be sure. Or, better yet, check the USCIS website for your case status. You'll need your receipt number. Hope this helps.

Hello,

Yes, it is possible. My Dad petitioned for me in 2004 when he was a permanent resident. He is now a USC and my place in line has moved ahead. After the petition you file for your daughter is approved, she will then need to wait for a visa number to become available to her. The unfortunate news is, that will take a while. And if she gets married (to a non-US citizen) it will take significantly longer.

You will start by filing a I-130 petition for alien relative. Once that is approved, she will wait for her visa number to become available and will file an I-485 application residence (green card). Review the Department of State Visa Bulletin for wait times. She will be issued a priority date once your petition is approved. The Phillipines has a long back log of applicants; right now (for June 2010) they are processing applications and granting visa's (residence) to individuals who had a petition approved and a priority date March 15, 1995.

Hope that answers your question. Best of luck!

since you are applying for a tourist visa, you automatically are tagged for 'intention to immigrate', and it's up to YOU to prove otherwise.

The person that interviews you, makes grand assumption, that you are attempting to immigrate. That person is required to make that assumption, per Federal Guidelines.

IMO, if you have the right 'evidence' in hand, on interview day, to show strong ties to your country, this won't be an issue, as 'that evidence' will overcome the assumption.

Find the Embassy Website for your 'eastern europe' country, read about tourist visas (B-2 ).

As some of the others have indicated, you will likely have to show binding ties to your home country which you do not intend to abandon. As you are married to a USC you could (and likely would) be deemed as having immigrant intention, for which you require a certain visa, which you would be able to get. Evidence of ties to your home country would be confirmation of a job you have to return to, ownership of a house or other property, and significant bank accounts or other assets.

You may want to start by contacting the U.S. consulate or embassy in the country you live in. As far as being from a visa waiver country, I've never heard of any law rendering you inadmissable from the program based on marriage to a USC, but I could be wrong. As I Canadian, I frequently travelled to the US to visit family. The issue of whether or not I had a job in Canada to return to came up on nearly every visit. Canada is not a visa waiver country but tourist visas are not required based on other provissions (I think maybe nafta, but I'm not 100%). Start by finding out what is required of a citizen of your country and get proof of those ties ready. It should be a pretty simple process, in any event.

Best of luck!

We have a lawyer and the I-29F arrived in Vermont on May 18th 2010. We have a few questions about this. Does it speed up the process any to have a lawyer? What controls speed of the process I notice some peoples journey is far shorter than others? Basicly is there anything to make it go faster? these are probbally dumb questions but its killing us to wait!

Brant & Paulina

Basically, no, there is nothing you can do to make it go faster. Visa processing centers and USCIS offices have a constant influx of paperwork and each applicant must wait his or her turn. I'm presuming you are applying for adjustment based on marriage to a U.S. citizen. If this is the case, there is no wait time for a visa number to become available, which could slow down the process much longer (by several years). Having an attorney does not put you any further ahead in line nor does it give your case any priority with processing cetners; as the other responder indicated, it may slow down the process depending on how quickly your attorney files all necessary paperwork. However, missing something in your application that the attorney might not have would also slow down your case.

Best of luck!

Hi guys i need some help, i am new to this forum and i heard that the people here are very helpful

here is the situation:

My friends mom is trying to file for her residency, she has been living here for 20 years but arrived to this country ilegally, she is married to a us citizen and has three kids, all born in the united state, she also has been granted here workers permit before by this country but it has expired, so she is now talking to here lawyers in order for here to get her green card, but her lawyer is kinda dumb dumb so this is why i am asking for help from this place.

She has three dependents and from what i have read she will need to make just over $27,000.00, she has not made that money over the past three years in order to meet the poverty guildlines, she will undoubtably have to get one or more co sponsers, one sponser make $21,000.00 which i know is still not enough will she be able to get one or two more co-sponsers in order to make this work (Example, co-sponsor A makes $20,000.00- co-sponsor B makes $15,000.00 that will equal $35,000.00) will this senario be able to work?

thank you all very much in advance for this help

Hello,

I'm not an expert but have heard of some people in this situation. As the other reply indicates, it is very possible the applicant will be denied based on remaining in the country unlawfully. By all rights, according to the law, those who continue to stay in the U.S. without legal presence for longer than 1 year are subject to a 10 year ban. However, the applicant may be able to obtain a waiver if the U.S. citizen spouse will endure extreme hardship based on the deportation of illegal spouse, and then file an application to adjust status. From what I have learned, this declaration of extreme hardship must be more substantial than the usual emototional and general inconveniences the U.S. would face by losing a spouse; it is held to a much higher standard. If the children are U.S. citizens also, and the US Citizen spouse is dependent on the child care of the illegal spouse, this may work (but also may still not be enough). I'm not sure of the form number for the waiver, but the attorney should know and will help determine if extreme hardship would exist for the US Citizen spouse.

As far as the attorney being a "dumb dumb," the applicant should find a more knowledgable attorney. Many on us who provide answeres on these forums have experience through their own research, yet that cannot take the place of a real immigration attorney who has up to date information on the laws and experience with a varity of circumstances. The information I've provided is by no means legal advice and may not even be entirely accurate, so take it at face value. Good luck to your friend.

Hello,

Just looking for some input based on peoples experiences. Maybe most who have been through this are no longer on the forum.

My greencard interview here in California is in a couple weeks. I'm hoping all goes well and have been told I am not inadmissable.

I do have two arrests on my record, though, which I have disclosed. I was arrested for DUI in 1997 but acquitted and convicted only of driving after consumption while under 21. The other was for a DUI in 2008, for which I was convicted.

I've learned that 1 dui is typically not a big deal, and the combination of both crimes is still not severe enough to warrant inadmissability. I've read that they sometimes send individuals with more that 1 DUI arrest to panel physicians to ensure the applicant is not a habitual drunkard. Has anyone been through this exact same circumstance and if so, what was the outcome?

Hoping all goes well in a couple weeks. Also hoping I'll be approved and will not have to go through further examinations or waiting.

Thanks for any advice.

I am the US citizen and my wife came here on CR-1 visa. I think I was used. She started running around as soon as she got here. Men, internet, phone calls, partying without husband, meetings.... We are now seperated but marriage just barely hanging on. If I divorced this woman before the AOS in 2011, would she and her two boys be sent back to Colombia?

My understanding is that the one exception which would allow her to stay if the marriage doesn't endure the conditional period would be in the case of domestic violence, meaning, if you were abusive to her she may be allowed to stay in the U.S. in the event of a divorce. I believe cases like this are reviewed on a case by case basis. From what you are saying, it sounds like the marriage was not ever a bonafide marriage and is a marriage of convenience, in which case, she'd have to go back.

Hey there guys we just got word that our petition was approved last Friday!

We are very excited about it.

But Angelo (USC) found out today that he owes some back taxes.

Now he is setting up a payment plan to take care of this and he is setting it up tomorrow.

He is well above the criteria needed for his income.

I am just wondering if this will have an affect on us?

Thanks a bunch

I'm not sure which petition you have filed, but in any event I believe he will still need to display that he can support you. I believe the amount he needs to show he earns is 125% of the poverty line. For a family of 2, this will be relatively low (somewhere around $20,000 I think). This info should be available on the USCIS website. If his income and other assets show an ability to support you, I don't think this will be an issue. I'm sure most petitioners are carrying some sort of debt.

I'm not an expert or an attorney, though.

hi everyone,

i am feeling desperate whether or not just let them file for a student visa themselves since they already aged out or file for their petiton. i know the best option for them is to work for themselves their filing as student which is costly. as i have known from the web discussions, it will take 12 years for them to wait if i file for them as an LPR.

my question is, for the meantime can they come visit me as tourist? before we decide to whether for me to file the petition for them or them file student visa themselves to come? ? ?

replies are greatly appreciated. . .

thanks to all the VJ'ers and more power!

Happy St. Patrick's Day to everyone.

God bless us all!

klik2chat

I speak only from my experience, so take this with a grain of salt; however, it seems like my experience is similar to the situation your kids are in.

My Dad received LPR status several years ago and petitioned for me almost immediately. The I-130 was approved within about a year but as you say, the waiting time for an actual visa number to become available is significantly longer. During the time I was awaiting a visa number so that I could file my I-485, I visited the U.S. in visitor status numerous times. As a Canadian, it was not necessary to obtain a visitors visa in advance and visitor status was granted at the border (the status was still standard B-2 visitor status, just provisions of the North American Free Trade agreement grant Canadians entrance without obtaining the visa from the consulate). Upon entering the U.S., I was regularly asked if I had intentions to move to the U.S., as entering the U.S. can raise the question of whether or not the foreign national will just stay in the U.S. and not return to their home country. My answer was always "I may move to the U.S. one day, but am not moving today." Showing ties to the foreign country, which the visitor does not intend to abandon, will likely be necessary. A good example of such ties is having a job to return to.

Since I was only coming to visit, and had ties to my home country, I was always allowed to come to visit my family and vacation in the U.S. while the I-130 petition was approved and I was awaiting a visa number. During this time, I had not exhibited an immigrant intent and therefore was admissable in visitor status (my Dad had only petitioned for me to possibly be able to apply for LPR someday, if I so chose to do so. I had filed nothing). After your aged out children file their application for permanent residency once a visa number becomes available, they will not be able to enter the U.S. in any non-immigrant status (visitor or student visas included) until their application is complete.

As for your son or daughter coming to the U.S. as a student, this is possible, but the chance of he or she obtaining a student visa is not 100%, since there is a petition for he or she to apply to become a resident one day. As I mentioned, a student visa is a NON-immigrant visa which does not allow dual intent, meaning the applicant is not supposed to come here as a student with the intention to one day immigrate. From my understanding, there is ambiguity in the law regarding whether or not the I-130 petition indicates that the beneficiary has immigrant intent. I did come in as an F-1 student after my I-130 petition was approved, but before I filed my application to adjust. I also understand that the USCIS and DOS have eased up a bit with regards to F-1 student visas and have been instructed to look at the applicant's (your student son or daughter's) IMMEDIATE intent in coming to the U.S. as an F-1 student. In my case, I intended to come to study in the U.S. and was obtaining an F-1 visa solely for that purpose and this was separate from whether or not I would one day apply for residency (again, as a Canadian, I didn't require a visa in advance and was granted F-1 status at the point of entry; this may have made things easier).

If the visa issuing office to which your son or daughter apply are to grant a student visa, they would first need to determine that his or her purpose for obtaining an F-1 visa is SOLELY to study in the U.S. and not to eventually immigrate to the U.S.. The office would also have to agree that the pending I-130 petition does not indicate that your son or daughter has an intent to immigrate but rather is only a petition filed by you to one day grant them the opportunity to apply for residency IF he or she chooses when a visa number becomes available.

I do not offer this as legal advice and am not an attorney; however, I have been an aged out son of an LPR for many years and have done a lot of research. If I were in your shoes, I would file the petition I-130 as soon as possible; as the sooner you file, the sooner a visa number will become available to your son or daughter (the date should come even closer once you become a naturalized citizen). Based on my experience, if your son or daughter is able to show ties to his or her home country, the pending I-130 should not prohibit he or she from obtaining a visitors visa to visit you in the U.S.. In consulting my attorney prior to coming to the U.S. as a student, I was told my chances of being granted F-1 student status could be around 50/50. Your mileage may vary. And as you said, your child would have to find a school that he or she wants to go to, show sufficient financial means to support himself or herself (either independently or by someone such as yourself if you have the resources, and would need to obtain the necessary paperwork to file for his or her own visa. He or she should also not expect to work while in F-1 student status. There are other rules regarding this you can look into if they decide to come to the U.S. to study.

Just to let you know; as a visa number has become available to me, I have met a woman here, all of my immediate family are still in the U.S., and I am expecting a child with my US citizen fiance; I have chosen to go ahead and take the opportunity to apply for permanent residency based on the petition my father filed that was approved. I hope to be granted permanent residency within a couple of months. Hopefully this info helps you.

Best of luck.

Hello Everyone,

Our waiver was approved by New Delhi in Feb. 2010 after which the interview was conducted in March 2010 but because of the mnissing I-864 we had to submit it at local VFS office with passport last week. When we called yesterday they told us they are waiting for "second approval." Does anyone know what they mean by this? Has anyone else gone through the same process?

What is the estimated time before they issue visa in this sort of cases.

Thanks.

Hey.

I'm really not sure, so take this with a grain of salt; but I've just learned that for applications fild abroad, the Department of State reviews the affidavit and makes a determination as well as the Department of Homeland Security/US Customs and Immigration Service. I know this because the Department of State has sent my petitioner a request for a Affidavit of Support fee, which since I'm filing within the United States, should not have to be paid. Basically, USCIS/DHS knows I'm here and is processing my I-485; however, since I didn't tell them I'm in the US studying, the Department of State thinks I am still in my country of origin and is doing their job accordingly. I let the DOS know I've been here today and the whole thing should be worked out.

But as for your case, I'm suspecting this might have to do with the need for the Department of State to verify what you have told the USCIS. That's just a guess.

I don't see any problems for your petition. I mean, really.

Well, I'm really hoping you're right, and you probably are, I just get myself all worked up and worried about it sometimes. Like you, I've been on a long journey as well. My family initially came to the U.S. in 1996 and I've been working on a green card ever since. My delay has had to do with my Dad changing his status numerous times prior to adjusting and "aging out" when he finally did become a LPR. It feels really good to be this close! My application for green card should be completed in a couple months. I'm just really anxious about the whole thing.

By the way, good luck with your naturalization!

Hello.

I was wondering if anyone who has adjusted status or had their interview for adjustment of status has any insight into how previous arrests will affect the processing and ultimately the decision.

I am well aware that arrests can affect the decision and that the degree and charge one has been convicted of generally determines the affect the incident will have on an application. I'm looking more for people's individual experiences, the questions they were asked at the interview, and the outcome of their case.

I was convicted of driving after consumption while under 21 years of age in 1997 and for DUI in 2008. I'm aware that being determined as a "habitual drunkard" can make someone inadmissible. I'm not a habitual drunkard; I have just had two unfortunate incidents. For what it's worth, since the last incident, I no longer drive after consuming ANY alcohol, and currently choose to not drink at all.

My biometrics appointment is coming up in April and I anticipate an interview will follow shortly after. Anything anyone can say to set my mind to ease or help me prepare is greatly appreciated.

Thanks.

thanks, you too good luck. you'll see that 5 years go by sooo quickly, so enjoy while your young. What are you studying?

Working on an undergrad degree right now. I've been majoring in Political Science but I'm considering finishing up in Business Management. I'm planning on law school next, and might work on a CPA license as well. Immigration law is a possibility. What do you do?

yeah, your father has to advise the nvc that you are adjusting in ocuntry, they don't have that information, he can call them. He has to have in hand the approved i130 with your case number there so they can find you in the system. The other NOAs come from centers in the US, they are an answer to the adjustment packet that you sent. You will get your biometrics at your local service center

Thanks for your help.

Best of luck with your naturalization.

the problem is that immigration believes you are in your countr of origin. usually children of USC go through consular process in your country that's why the NVC is requesting the payment of the affidavit of support and the choice of agent.

is your student visa current and are you going to school? when you did the adjustment, did you advise the NVC that you were going to adjust in country due to the fact that you were legally studying in the US? Did you send with the adjustment copy of the i130 and all the papewerk and copies of your F1 student visa?

You have to let them know that you are here, otherwise they will send the paperwork to go through consular process and they will deny the i485. Is your priority date current?

Hi and thanks for your response.

Actually, I havn't advised the NVC of anything. My dad did send them an email at the time I filed my i-485 (a few weeks ago) asking them to update my address to where I am living here in California. Apparently, he had to do this since he was the petitioner. They said they would do so but I'm wondering if there was a miscommunication as, in the emails they sent him, they indicated they have my old Canadian address on file. We didn't tell them I am here studying and am in the U.S. in legal status as we really didn't know we needed to. I thought it only necessary to update address info, which like I said, may have not been correctly done anyhow.

My priority date is current. I am still studying in California and remain in lawfull F-1 student status. I submitted copies of my passport and I-94 with my application (I don't have an actual F-1 student visa as they grant Canadians student status at the border without a visa). I can't recall if I sent my I-20 SEVIS form (which pertains to the student status), but I was quite thorough in sending everything requested. I received a NOA from USCIS in response to my application, which lists my current address and was sent to my home in CA. The NOA states that I will need to have my biometrics done at a USCIS Application Support Center. I believe the nearest place they do biometrics here in CA is in San Bernardino, but is this notice referring to a center abroad? I'm also a little concerned that it looks like my application was sent to the Missouri Service Center from Chicago (I'm thinking it should have been sent to the Ca Service Center in Laguna Niguel, since I'm here in CA). I'm wonding now if USCIS will still schedule me for a biometrics here in Ca (like I was expecting) and if my greencard will be sent to my CA address, or if further instructions are being sent to my old Canadian address. I suppose, in any event, a call to the NVC and USCIS customer service is in order to sort this out. Any further advise you have is definitely appreciated. Thanks!

the problem is that immigration believes you are in your countr of origin. usually children of USC go through consular process in your country that's why the NVC is requesting the payment of the affidavit of support and the choice of agent.

is your student visa current and are you going to school? when you did the adjustment, did you advise the NVC that you were going to adjust in country due to the fact that you were legally studying in the US? Did you send with the adjustment copy of the i130 and all the papewerk and copies of your F1 student visa?

You have to let them know that you are here, otherwise they will send the paperwork to go through consular process and they will deny the i485. Is your priority date current?

Oh, and yes, I did sent copies of the I-130 and of my father's naturalization certificate with my i-485 application.

If it makes any difference, I'm in the U.S. now as an F-1 student, and am an unmarried son over 21.

Hello,

If anyone could help or offer advise, I'd appreciate it.

My Dad has filed an 1-130, which was approved several years ago, and I've now filed an i-485 based on a visa number becoming available. I included all the necessary documents, including the i-864 affidavit of support. Strangely, he has received a number of emails claiming he has to pay a $70 fee, and file a form stating who he is using as an agent or if documents should be sent to him directly.

I had heard of nothing of this sort in the instructions and there is limited info available on the web. They provided a link to the department of state website stating that the fee should be mailed to St. Louis MO and is to be paid by money order or certified check. The USCIS site states that the state department does charge a fee for domestically filed applications, but, I've heard nothing of this and was expecting to pay only the $1010 application + biometrics fees. This whole email business seems pretty shady, too.

Has anyone filed a family based i-485 with the beneficiary already in the U.S. and did you have to pay this fee or receive similar requests for this fee?

Thanks.