BrNv

Sorry but I won't watch what I say. I have been on the receiving end of my ex-filipina wife who used me and I know of a lot of other filipina that is their objective. I did not say all Filipinas are like that but there is a fair share of them that are. There are good, but there are also bad. Maybe you are the exception.

While there are many different situations, most people play by the rules even with the time difficulties in doing so sometimes. But in this case she intentionally ignored the laws and rules and misrepresented herself to get a divorce she was not entitled to where most U.S. citizens will not lie to get a quick divorce in Nevada and will follow their own state's laws. I usually try to not be judgmental, but this does make her intentions questionable.

Nevada requires residency of 6 weeks with the intent to stay in Nevada in order to get a divorce by one of the spouses!!!! Probably the paralegal when filling the papers used her own address or somebody else address, and yes your friend can have problem because of that!! Ask her to check what States her divorce decree.

It does not matter where she got married. As to the actual divorce, Sandranj stated what Nevada requires. However it only requires that of one spouse and not both. But I'm assuming neither one of them lived in Nevada and she claimed she did live in Nevada. When she signed the papers to get divorced in Nevada, she did sign under oath that she lived in Nevada for 6 weeks with the intent to remain in Nevada and also stated the actual physical address she was claiming to live at. Nevada judges are usually pretty savy at knowing the local hotels, etc. when people try to use those as an address and then the judge will request additional information. So the address she put down as hers was probably not the paralegal's address since Nevada judge's would become wise if they kept seeing the same address on divorce papers presented to them. But the legal issue is that Nevada did not have jurisdiction to enter the divorce. This probably does not make the divorce void at this point in time, but if it was ever presented to the court it would become void. Jurisdiction is an issue that can be raised at any point in time, including after an Order is entered. If the court did not have jurisdiction, it simply did not have any power to issue any order. Her signing the papers under oath in front of a Notary (as required in Nevada) could also technically be considered perjury. But the district attorney's usually have bigger fish to fry.

Correct but minor adjustment. The form is I-485, not I-458.

I130 - the USC spouse is the applicantpetitioner and the immigrant is the beneficiary

I458 - the USC spouse is the sponsor (so completes the I-864 only) and the immigrant is the applicant

The one for the I-485 seems obvious from the posts.

As for the two for the I-130, the US spouse's name is put at the bottom of both G-325A forms as the Applicant including the one the immigrant signs, and the immigrant signs under Signature of Applicant even though US Spouse is in the box at the bottom ... correct?

I have some questions on the papers required since I get some confliction information. This is for an AOS from a tourist visa after marriage, so we are doing an I-485 with an I-130. All conditions are fine.

G-325A questions:

Is one needed for both Wife (immigrant) and Husband (citizen) needed? This is being asked since an I-485 is being filed concurrently with an I-130 and I have conflicted information.

If both are needed, who is the “Applicant” on both of the forms ... we assume Wife is. If Husband needs to fill one out, is Wife’s name put in the box at the bottom as the Applicant or Husband’s? SO in this case, Wife’s name is entered as the Applicant on Husband’s form, but Husband is the one that does the signing even though is says Signature of Applicant?

The section of 245(i) adjustment is what makes the difference here.

An alien

who was inspected and admitted or paroled into the United States may be

adjusted by the Attorney General, in his discretion and under such

regulations as he may prescribe, to that of an alien lawfully admitted

for permanent residence if:

1. the alien makes an application for such adjustment,

2. the alien is eligible to receive an immigrant visa and is admissible

to the United States for permanent residence,

3. and an immigrant visa is immediately available to him at the time his

application is filed.

You married a US citizen, and therefore have an immigrant visa immediately available to you. Also, if you look at paragraph 10(F) in the )-485 instructions, you fall into the F(1) category.

You can so some searches here on VJ as well, you'll find a ton of people who are adjusting from visa overstay. How long is your overstay, btw? As long as you keep in mind that you cannot leave the US until you have that green card, you will most likely be just fine.

That is exactly what we were looking for ... the 245(i) exception. Thank you (and everyone) so much! Yes, we know about not leaving and the overstay is just under 4 weeks. But that info is always desired when trying to assist someone.

Please tell your wife to stop crying! She will be A ok!

You have been given the same advice but there is no harm in giving the same again.

1. Any overstay that your wife has/could have will have no effect on her AOS application. None. Zero. Zip.

2. You can file for your wife in the USA because she is an immediate spouse of you. You being a US citizen.

3.Tell your wife to read the I-485 instructions again and look at part F.

4,Look at F again.

5. Give your wife a big hug and tell her she is F!

She is not going to have a problem because she married you or you filed.

Best of everything,

PS. I think we should keep information relevant to the thread as additional information may just confuse the OP and Mrs. OP (Going back to Turkey, Visa Waiver Overstay- If any one has any knowledge of USCIS offices that are denying VWP AOS other than SD..please post on my VWP thread)

Being dense here with the terms of art ... so my understanding is failure to maintain nonimigrant status under para. 10(F) of the instructions means an overstay and not something else ... so 10(F)(1) kicks in and makes everything okay.

p.s. For general curiosity, we are less than 30 days past visa expiration.

You are fine. Overstay is a problem for people who entered under the VWP program, though not a total deal breaker for those either. As long as the intending immigrant entered with a valid visa - which ever visa - overstay is forgiven after marriage to a USC.

Could you be more specific of the section of the I-485 instructions that you are referring to?

In any case - you are fine. As long as your marriage is legitimate and you can show proof of bona fide marriage, you shouldn't expect any problems. The only thing to keep in mind is that even though you technically can apply for a travel document (AP) and would be issued one, since you have overstayed you cannot leave US at all until you have the green card in your hands. (or your wife - whichever is the foreigner). So you really don't even need to apply for the AP, it won't be of any use to you.

This is to everyone ... and thanks. Yes, we are doing the I-130 paperwork. On the instructions for I-485 (revised 1/18/11), page 2 paragraph 10 "Who Is Not Eligible to Adjust Status" Subparagraph D says "Your authorized stay expired before you filed this application."

I have asked this before, but need either some reassurance or input as wife is crying. The situation is we married in U.S. while on tourist visa (from a nonwaiver country). The previous advice given (by several people) was any overstay before submitting paperwork will be excused, i.e. paperwork is being filed after visa expired. The reason (though probably not relevant) was we were waiting on all necessary paperwork to submit a complete application. We are now doing the paperwork and the I-485 instructions state that one is not eleigable for AOS if the authorized stay expired before the paperwork. We would appreciate feedback from anyone that knows the answer. Are we okay or not okay?

You wait until you have the marriage certificate and then send everything out. Overstay is not being made an issue of at the time of AOS and even if you were to get caught in the middle of a Federal raid, the judge would set you free as you are eligible for AOS.

Still, try no to get in trouble with the law until you have your AOS package mailed out . . .

So the overstay is only a problem if one entered under the Visa Waiver Program (which she did not), correct?

I previously asked when the AOS process should be started and was informed that the timeframe is not that important as long as we were married before the I-94 6 months expired (thanks Hip-Hop for your help).

The situation is we do not have the marriage certificate yet due to the time delay from the processing state. So what are opinions on whether to start the AOS without the marriage certificate (and use an Affidavit from the minister or something) before the I-94 time expires and send the certificate in later, or whether to wait until we get the marriage certificate and then file - which would possibly cause us to file 4 to 8 weeks after the I-94 expires?

We just got married with wife being present on a tourist visa. When does the I-130 need to be filed/sent in? Does it just need to be received before her I-94 6 month departure date, or what are the magical dates and information I should be aware of? Any other time frames I should be aware of? Her current I-94 expiration date is early March of this year. Thanks.

Why not do an AOS? My understanding is she is in the US right now. Unless she needs to get back to Turkey in the next few months, just file for an AOS and you should be OK.

Assuming she is on a B2 visa, once your AOS package is accepted, the clock stops on her time here, so no overstay accrued from that point on.

I'm possibly being ignorant here about an AOS since I did not see a box that applied ... but now I think I understand. Yes, she is currently in US on B2. We just decided to get married and set a date 3 weeks away. Her 6 months is up about 4 weeks after that. So what are we missing regarding an AOS possibility? ... and sorry if we are in the wrong forum. Relooking at it, it appears I check box "a" under part 2 where it says an immigration petition has been filed ... and reading further it appears to fulfill the requirement we just need to file an I-30 at the same time as the I-485. Make my day and say I was just being stupid before and this is all we have to do.

Here is a typical scenario that is partially addressed in these threads, but I think I have a new question/twist.

Friend comes over on tourist visa. We later decide to get married (no fraud and I'm not worried about it). The marriage is taking place 5 months into her 6 month allowed stay. The goal of course is for her to stay or to stay longer while immigration processes are started. It does not seem like we can do an AOS since she did not arrive in any K status. The safest route seems to start an IR1 process but other suggestions are welcome. So now the question is does she leave within her alloted time, or do we file for to extend her stay? I know she is okay pending an extension request, but my understanding is that simply requesting an extension will void her tourist visa. So will this be an immigration hinderance later since she would technically have had a visa voided? While we would also like her tourist visa to remain valid, it does not appear that she could really use it since an attempt to return to the US would be difficult since she would now appear to have immigration intent. But the main question is whether the visa is voided for requesting an extension, how would that affect the IR1 process and whether there is another route to allow her to stay or gain some more time together while the IR1 process is initiated before she has to leave.

Thanks

Errr, you need one only if your fiancee was born in the UK AND has lived here for more than six months after the age of 16. If it is not your country of birth, AND you lived here for 12 months or more, then you need the certificate. As per the London Embassy website on whether you need a certificate:

To the OP: is your fiancee a British national?

No ... Turkish. So if I understand correctly, we only need to submit one if she resided there for 12 months ... which she didn't.

Hi all,

Hope everything fine for everybody.Well my problem is about the date of interview for Ankara embassy. Our case was completed at NVC on 23rd of April.Many ppls got their interview date but I'm still waiting. I was thinking to get last week.But still no news:( So guys let me know how long took to get your interview date from Ankara Embassy.(CR1) Well just wanna start my life asap with my hubby.Thank you in advance for your replies.

Are the K-1 visas only done in Ankara or are they done in Istanbul too? I have conflicting information and I need to list the location on the i-129f I am about to file.

It looks the same, but it has the added sentence for the archived part Kenny! Don't confuse the poor woman lol

Suna: that is why you ask for BOTH the CURRENT records (going back 6 months) and the ARCHIVED (arsiv or anything that is older than 6 months)...if you don't ask or make it understood you will get what looks like the attachment above that Elisa has provided...it looks almost the same, but has an easily overlooked added sentence regarding the archived part...should say "yoktur" for both records as in there is no records, meaning essentially they don't have a police record either current or archived ( recent vs. old or "archived" or arsiv in Turkish the S with the tail of course, but my keyboard is not Turkish lol)..

Hope I made it so you can understand it guys and you are not more confused lol

We're just starting this process and trying to get ready. Do the Turkish police records come in English, or do these have to be translated into English?

Info on police certificates in the U.K.

This is directly from travel.state.gov:

Immigrant visa applicants who have resided in the United Kingdom for six months or more since the age of sixteen are required to obtain a statement from the Association of Chief Police Officers (ACPO) Criminal Records Office.

Hope this helps!

Awesome. Thank you!

My fiance is in Turkey, but lived in London, England going to school for 11 months from July '97 to June '98. Are police records necessary? ... or only if they she was there for a year? If needed, can anyone help with where to go or who to contact? We have this website but do not know if the information would be incomplete or not what would be needed.

http://www.ukba.homeoffice.gov.uk/navigation/personal-data/

This is not complicated at all. But I may not know the entire investigation process and what are grounds for denial. You need to think like an attorney (which I am, but not an immigration attorney). The fact is you are divorced, so the K-1 is proper. My barely educated understanding (since I'm just learning about the process myself) is you must show you are free to marry and since you are divorced, then you are free to marry. So show your divorce decrees. I am unaware of you having to show marriage licenses so they will not see you had a marriage overlap (but I may be wrong). Most government agencies are too busy to report what they think is a crime to another and even if they did, then a District Attorney would have to feel they wanted to prosecute through their busy schedule, etc. So that is probably not an issue. But my understanding of the facts are that your latest divorce decree will show that you were married to your current fiancee. I cannot comment on whether this would be questioned as looking like a sham - trying to get someone in the country that you already decided you wanted to divorce. But the reality is people do divorce and then later remarry that same person. All you can do is try. However one comment I read here did cause some concern and that was whether you being in the US was proper since you were married when you came here. I have no knowledge of this topic and hopefully you can clarify this and then others can comment on it. If fraud was committed during that process you could have a serious problem for yourself.

I wanted to add the following too. First I was just informed that you need to disclose your marriages on the g-325a (like I said I am still learning myself), so that will look very funny and that you don't take the marriage process seriously ... but that is more of an opinion than an analysis. The other issue it raises is that the K-1 and K-3 process is for U.S. citizens to get married, and you may have to show that you were married prior to being a citizen (the possible problem above), that you then divorced, and now that you are a citizen you want to bring her over using the K-1 process (that you could not have done with a K-3 since you were not a citizen when you married). This too will look suspicious probably. This is worth a consultation with at least one attorney that knows all the ins and outs as well as possibly a second opinion.

I know some of you might have seen me around here for a while, ever since i've been planning to bring my (girl), fiancee to the US...but..i really have something bothering me a little bit, so i thought that i might post it here as well, maybe you guys can give me some of your best ideas, thoughts and opinions...

I am gonna start with a question that i've asked in a lawyer's forum before, and trust me "It's Complicated" but not hard to analyze...

"Is it illegal to get marry in the US while being marry in another country?

I immigrate to the US from Brazil, i was separated from my wife but not divorced, I got marry here, it didn't work, so i got divorced, now i am a US citizen, and by the way I did not obtained any immigration status from that marriage, i came legally under a family petition made by my father! I went back to Brazil and found the person that is actually married to me, we are back together! But a few month ago we filed for divorce, so we can get marry again in the US, since i am trying to bring her as my fiancee, with a fiancee visa. My I-129F was approved and it's already in the US consulate waiting for "that day"

Thanks

This is not complicated at all. But I may not know the entire investigation process and what are grounds for denial. You need to think like an attorney (which I am, but not an immigration attorney). The fact is you are divorced, so the K-1 is proper. My barely educated understanding (since I'm just learning about the process myself) is you must show you are free to marry and since you are divorced, then you are free to marry. So show your divorce decrees. I am unaware of you having to show marriage licenses so they will not see you had a marriage overlap (but I may be wrong). Most government agencies are too busy to report what they think is a crime to another and even if they did, then a District Attorney would have to feel they wanted to prosecute through their busy schedule, etc. So that is probably not an issue. But my understanding of the facts are that your latest divorce decree will show that you were married to your current fiancee. I cannot comment on whether this would be questioned as looking like a sham - trying to get someone in the country that you already decided you wanted to divorce. But the reality is people do divorce and then later remarry that same person. All you can do is try. However one comment I read here did cause some concern and that was whether you being in the US was proper since you were married when you came here. I have no knowledge of this topic and hopefully you can clarify this and then others can comment on it. If fraud was committed during that process you could have a serious problem for yourself.

It does ask for which consulate the beneficiary will apply on the I-129F form.

I believe the filing will occur at the Ankara Consulate. ---> http://turkey.usembassy.gov/visa_forms.html

The Istanbul Embassy takes non-immigrant visas, and immigrant visas can only be done in Ankara. This should be an obvious question since the K-1 is a non-immigrant visa, but all reviews on this site that I found are for Ankara and not Istanbul and that caused me some concern since I need to list the embassy on the i-129f petition and Istanbul is more convenient. The Ankara website is not clear and actually confuses the issue some. Any help would be appreciated.