silvana.toma

I would not loose my faith just yet. Did you look up any lawyers? When did you say her visa expires?

You know...few years ago, they also gave me only one month to stay- that was the first time i entered us, and i called customs(i didn't even had to go there) and i told them i would like to stay longer and they aproved me for another 5 months....she could use the holiday excuse...what's the worst they can say? NO, because they can not ban her for asking a question. And not that i am an expert but i think that customs guy was only trying to intimidate your GF by saying he will revoke her visa and etc...maybe he was hoping she will say something that he wanted to hear or something....because come on...he had no REAL PROOF that she was planing on entering US with immigration intent....not when she entered us so many times and left each time before visa expired...if she really wanted to immigrate she would have done it long ago, right??

Let us know what the lawyer says, i'm dying to know...

Best of luck!

Those same ppl that you are calling illegal may have come into the US using a B2 visitor, but have never left to go home. Why don't we just call them guest who have just over stayed their welcome. Note; someone who has been given a visitor visa but have choosen to overstay their visa, is just as quilty as those who cross into the US without a visa. BTW, the Over staye quest (illegals) spend money as well.

Right....but the difference is that they don't pay any taxes! NOT to mention unemployment for us citizens for obvious reasons... I'm not judging don't get me wrong...i'm only observing, and it's very sad. And what's even worse is that no one is doing anything to stop it.

Hey,

I'm in Richmond ,VA and i don't know anyone up north....sorry:( But do some research on the internet, the lawyer we went to she seemed super knowledgeble, and the consultation was free...i'm sure you will find lawyers that will do free consultations in Md as well.

here is the thing I don't understand why the customs got so agitated -when people visit USA ..there could be many reasons -maybe you have lots of money and you would like to spend it visiting usa, maybe you have a boyfriend and you are visting him more often that normal because you want to see where the relationship takes you... Beeing a tourist means you spend money in the country- that should be looked at as a good thing. Should't they worry more about all the illegal aliens that work here forever without paying a dime in taxes???

I highly recomend talking to a lawyer before you make any decisions. They know all the ins and outs. And then if they say don't do it ...then you sacrifice and do it the pain in the #### way...

You know...if they are so strict and give people such grief for using a legal visa that they issued in the first place ...why is US filled with ilegal aliens??

I hope you can figure out soon the best way for you and your gf to stay together without any issues or headache. Stop wasting time and talk to a lawyer.Best of luck to you!

Can you not call customs for an extension of the visa? I know for fact that you can call or go to customs and extend. Can you GF remember the questions the customs agent asked her?

My feeling is that if he made such a big stink upon her entry in US, chances are he probably wrotte something in his magic computer-maybe something about her intent or something. Try to call and get her extended, since it is not recomended to marry on the tourist visa on the first 3 months.

If i were you i would try to find a imigration lawyer and see what they say(some even give free consultation-my free consult was helpfull)as well. If they agree to help you,maybe you can do this without having her leave the country (they are not as expensive as one would think($700-in virginia). The reason why I say this, is because they see so many cases everyday that chances are they already helped someone with the same exact issue.

If you have money, and are willing to separate for a while you can do the K1 visa-but also keep in mind that can take a while too...

People adjust status all the time, and if you think you are the only complicated case that is planing on doing this think again! There are people with long overstays, and all sorts of problems and they were able to adjust status. There will always be a risk in anything you do, even when you cross the street there is a risk that you might get hit by a car...

As you can see the opinions from our fellow vj's are so different, that makes you confused as of what should you do. Talk to a lawyer, that will shed some light on your ideeas as what can you do and can not do.

I wish you all the luck, and let us know what did you decided to do!

Congrats!!!

That seemed a preety smooth interview, good for you!

And for al of us still waiting ...you know what they say "good things happen to those who wait"

Congrats again, and happy hollidays.

No, you won't have to prove your foreign spouse didn't intend to immigrate when she entered. It's actually the other way around. The immigration officer would need evidence that your foreign spouse did intend to immigrate when they entered. Even then, they couldn't deny the AOS because of the preconceived intent. They would further need proof that your foreign spouse lied about their intent to an immigration officer. The two combined - evidence of preconceived intent and evidence of misrepresentation - would be sufficient to deny the AOS.

They may ask about your intentions at the interview, since an admission of guilt is as good as concrete evidence. The OP has a reasonable explanation for this. His circumstances changed after his wife arrived, so their plans changed accordingly.

I am confused. So is it legal for them to apply for AOS? She came on a tourist visa, and did not have the intent of immigrating at the time of entry. also the customs might not have asked if she is married to a usc, so just because she did not mention that doesn't mean she lied. You can still be married and visit you husband, right? Then things chganged and decided to apply for aos. Can they not do that?

I believe you can start the AOS process even if you guys married outside US. But you will still have to prove that when she entered US she did not have the intent to adjust status. I am not 100% sure, but i'm preety sure you can do it. let's wait for some more experienced Fellow VJ's to share their opinion.

If you married inside US outside US bottom line is -she is the wife of a US citizen, so she should be allowed to adjust status- especially that she did not have the intention to do that when she entered US.

What you also can do is research in your city immigration lawyers, some of them do free consultation, and believe it or not they gave me a lot of information, that was very helpfull, and it was FREE. She did not try to get us to hire her or anything like that.

But don't worry there will be a lot of people that will help you here at visa journey.

Good luck!

I am not an expert by any means, but here is what i think.

I'm not sure if China has some differnt regulations, or restrictions, but here is my opinion.

I am in the same situation. Just married my long time fiancee(us citizen) this year in oct. while on my B2 visa.

I have also researched this subject as i did not want to do anything illegal, and here is the conclusion: You can marry while on you tourist visa, however you might have to prove at the interview that she did not come into us with the intent of getting married-that is considered visa fraud, and has some preety bad repercussions.

But from your story it sounds like it wasn't something premeditated, so you should be fine. If her I-94 allows her to stay legally in us till may you should apply for AOS(adjustment os status) this way she can get her a green card.

The most "leggal"if may say would be to do the K3 visa, but since she is already here, and it is not illegal to do it this way-through B2 visa- then why not??

In regards to the process of AOS, we can giude you through, and it will be a lot easier than to do it on your own.

This web site is the best for immigration issues, and people here are amazingly helpful.

Good luck and let us know!

I am actually in the same situation. So i called the number on the uscis web site and asked the customer service person why is my case not found. She said the web site does not work at this time, but she told me they just sent me a letter in the mail yesterday, so i am glad i called.

I would not rely too much on the web site,a lot of people have been complaining about it.

When i had my consultation with the lawyer she said you have 80 days to sumbit your evidence.

Good luck

Hello everybody,

I am also a november filer, I sent my package on the 8th of november, and i recieved my NOA on the 23rd. No biometrics letter yet, and when i check my case status it tells me my case is not in their data base yet. I am getting worried as everyone here seems to be able to check their case on the uscis web site-on my case status...

I also sent my package on the 8th of november and got the NOA on the 23rd of november. Still waiting for biometrics letter. I saw here people waited over a month, even two for biometrics letter.

I was also worried but I realized it's december so maybe that's why is so slow...

good luck, and hope you will get your letter soon!

I submited my AOS package in november under my maiden name. If this is the only thing that is questionable for the interview then i think we are good.

Reading more about this situation i see it's far more complicated than i originally assumed. I would strongly sudgest talking to a lawyer. See what your options are. I heard many horror stories, and it's really not worth it. I think you should listen to these people on this forum, a lot of them are very knowledgeable in this area, and they don't say things just to piss you off, they are taking their time to try to help you.

I wish you good luck, I hope this will turn out for the best for you.

your point isn't clear... Why wouldn't you?

You have to think like the a USCIS Agent... Not like a normal USC... Look at not just one thing, but everything combined.. Someone applying for a GC through Marriage to a USC while out of status, making excuses why they have no joint bank accounts, proof of co-habitation, co-mingling of finances, no insurance, no money in the bank, an unusual profession, friends with other suspicious characters.and... Pissed of the Immigration Officer in the ineterview...

To me, the trip to hawaii shows more red flags... No Money in bank, but can afford a wedding in Hawaii...

not any single one alone is enough suspicion but when you consider all the items together.. HUGE Issues..

The key to success is thinking like the Immigration Officer...

Kenny

Don't get me wrong i understand what you are saying, and I agree to a certain degree to both sides of discussion on this topic. I also agree with respecting everyone's profession including the IO's especially that in his hands will or will NOT be your bright future. On the same note though, you have to always give the benefit of the doubt to people. Just because their situation is different than most of us, or is not as "organized" doesn't mean that it is 100% fraud.

Also, why would it raise a red flag to you to get married in hawaii? you can get married anywhere in us, that's not the problem ...the issue is when you try to adjust status. So.. let's just say as an example that their marriage is fraudulent ...why would you spend the extra money to fly to hawaii? when you can just get married at the court house right around the corner? maybe i am missing something...?

I hope you don't mind if I say, I dis-agree...

Keep in mind everyone, part of thier job is to seperate the scammers from the legitimate applications... and from what the OP said, his case is suspicious.. Your best bet is to be prepared.. It's not hard to be prepared if you understand the process and the requirements..

Kenny

All i have to say is that if i were in a fake relationship, and attempt to get my green card through a sham marriage i would not go all the way to Maui, Hawaii to get married.

SO, the black box at the bottom is to be filled out by whoever is filling the above part as well. Is your wife the usc? If so, then she will fill out one G325A, and also at the bottom in the black box she will fill out with her info, then at alien reg number she will put N/A...as a us citizen you dont have a alien number.

then if you are the beneficiary you complete 2 G-325A's, and at the bottom in the black box you will put your name, and as for alien number...do you have an alien number? are any of your visa's have an alien number? on the I-94 there is no alien number, so if you came as a tourist you don't have a number, so you put n/a

I just send my package as well, and if i would be in your shoes right now i would try and seek a profesional for help, because it sounds like it's going to be a bumpy ride to green card land(espacially since you spoke your mind, and i'm preety sure they are not to thrilled about that)

Try and talk to a lawyer, and see what your options are, and because you already filed it should not cost as much. Or at least go to a free consultation, see what they say.

I agree with you, they should not have the right to treat people like that. I would feel harassed as well. There were people that had nothing to fear and got intimidated to the point where they did not pass their first interview.

Also since when is 5 months too short to get married??? not everyone wants to be forever engaged, then get married....right?

anyway...all the luck to you, and let us know how it goes.

yes ...depending on what you are planing on doing...you will need 3 G-325A. If your wife is the beneficiary then she will need 2, onw will go with the I-130, and one will go with her I-485. Then the petitioner will need just one that will go with the I-130.

Hi you all....sunny day and lots of paperwork and questions...

I finally got the papers together..but still have some questions

I(usc) am filling for my spouse(vwp)

we have the

Form I-130

cover letter

how much is the fee?

copy of my birth certificate

copy of her birth certificate

a certified copy of our marriage certificate

copies of her and my divorce degree hers is translated

how many passport type pictures do we need of her and me?

who has to fill out the G-325A, do both of us have to fill it out?

evidence of bonafide marriage

birth certificate of our son, rental contracts past 3 years

where do we send it?

Form I-485

how much is the fee?

copy of her passport with the visa waiver stamp

copy of her birth certificate

certified copy of our marriage

our both divorce degrees

how many pictures do we need?

form G-325 A

who needs to fill it out?

i have them for both of us

Form I-864

with tax returns and last 3 paystubs do we need more?

Form I-765

Form I-693

does she have the medical before we send the paperwork?

thank you all

I'm going to start backwards to answer your questions. As a disclaimer i am going to say i am not an expert, but i just send off my paperwork so i do know a little bit about this process.

1.Yes, you will have to have your I-693 before you submit the package, that goes together with the package(the envelope with the I693 from your doctor remains sealed).

2. With the I-864 you will need: last 6 months pay stubs, employment letter, last year's tax return along with W2, OR tax transcripts if you have

3.form G-325, you will need 3 of them, 2 completed by the beneficiary(your wife)1 goes with the I-485, and one goes with your I-130(your petition), then you will need one completed by you the USC, that will go with your I-130. SO the I-130 will have 2 G325 one of yours and one of your wife.

4. You will need 7 picture of the beneficiary if she will also complete the I131-advance parole(in case she has to leave the country while the green card process is still happening, and one of yours(usc)and they are attached as follows: 2xI-864, 2xI-765, I-131, and 1xG325.

5. the fee for I-130 is $355, and the fee for I-485 is $1010. The amounts have to be exact otherwise they will not take your case.i made 2 checks , but some people do one check. whatever you want to do, i'm sure it will be fine.

6. Not sure where your wife is, but if her birth certificate is in another language than english she will have to get it translated and certified into english.

Also i think you also need to add some copies for the I765 form like passport copy, i added passport copy on biographical page and visa page.

I made 2 cover letters one for I-130, and one for I-485where i included all the copies and the rest of the forms(I-765, I-693, I-131,I864)

Let's see what other people are saying as well, because maybe having a child changes a bit the doc's that you might need, but for the most part, i think this is it.

Good luck!!

It's so funny...because there are people here on this forum that had years of overstay and they still were able to adjust status. How?? If it would be illegal then NO IO would give them a green card, right?

The sad thing is that everyday people adjust their status from B2, F1, and etc, even people that are comiting visa fraud are adjusting, and people that are honest they get scared when they should not be. It is NOT ILLEGAL to adjust from tourist visa, and for people who have a story, and they know they are honest ...there is no reason to get scared no matter how some people try to tell you worst case scenario.

My wife and I are getting ready to mail in the I-130 and the I-485...she is here on a tourist visa that will expire on Dec. 7th...I have been told that once we file these papers that my wife's expiration date does not matter we will just be waiting on the response to the papers...but I have a question...do we need to file a pardon also since she will be over staying her tourist visa or will the I-130 and the I-485 be all we need in order to avoid her expiration date?

MAN ...i think people that came in us with K1 should stick to their forums.

Now...to answer your questions...i would submit the papers before november 23 for 2 reasons:

1. the forms go up in price by 10%

2. It would be best if you apply for AOS before her visa expires(dec7th),i know plenty of people did their AOS after their visa expired, but you are here now, so might as well not complicate things(because it will not look good with an expired I-94). So if you file AOS before the 7th, she will be allowed to stay in us legally(even if her I-94 expired) untill the process is over and you will have an answer(yes or no-hopefully yes!!) for your petition. SO what you heard was right, it's ok, she will not be illegal after her I-94 expires.

You said earlier your wife came on a tourist VISA but did not intend to stay. I am guessing they will ask you and her about this at the interview.

So if she entered with intent to go back which is the opposite of entering on a tourist VISA with the intent to immigrate (immigration fraud), wouldn't she have to give notice at her job and her apartment and pack her things and settle her affairs? How does she plan to do that if your wife overstays to stick around and adjust status?

did they say that she has a job back home, did they say that she has a home that needs to take care of?? maybe i missed it but i dont so. SO, some people have different situation than others, not everybody was working or had a home when they came here. just saying...

My wife decided she should take a "small job" to acclimate herself to the culture and landed a job the first day she went out to look. No big trick given it was a job working in a Shopping Mall during Christmas season for minimum wage. She was pleased she spoke English well enough to get the job all by herself. (She spoke very good English before I met her) She worked until after the holidays and then they laid her off. Since then she has been a student.

When I was in the hospital, I had a Bosnian roommate and he had an interpretor that came in every day. Alla asked the interpreter about how she could do this and then went downstairs to meet with the woman that handled it. She was immediately offered a contract position which has now expanded to severl other organizations, including USCIS. But she is technically not "employeed" by these people, she is a contractor.

Wow...good for her!!

Where do you even find such job? i speak 3 languages, and was thinking to get a translator diploma, but that takes a long time, and a lot of money too.

I'm applying for aos today, and was hoping when i get my EAD card i can start working(it's really boring beeing home all day)

thanks!

To be honest i found most forms confusing, but it's a great thing i found some really nice people here that helped me step by step, and had a lot of patience with all my silly questions

I will send out my packaage today, so cross fingers for me and for all people here that need it!!