ceadsearc

If I were you, I would...
1. Take a deep breath and drink a cup of tee (or a glass of wine)
2. Print out forms I-130, I-485 and all the additional forms (such as I-765, I-131, I-864, I-695) AND print out the instructions for each form
3. Pour yourself another glass of wine and read them all through, carefully, with time - and with your husband. Then read them through again.
After this, it's easier to ask questions. Right now you don't yet have an understanding of the full process in your head, which is why it seems so complicated to you. The pieces are not fitting together. Once you understand the purpose of each form and how those forms supplement each other, the process will start to get more understandable all together. It is not as complicated as it often seems at a first glance - you need lots of attention to detail, patience and common sense, but those will already get you very far.
What we did was make our own list for each form of items needed, and pinned that on our wall. We had a folder for each form, with the forms filled out and signed, and started to add the supportive documentation as we accumulated them. When we added something, we would cross that off from the list. Once everything was there, one of us had the list of items and would read out loud a name of a document ("medical form" , "2 passport photos", "copy of marriage certificate", etc.) and the other one would check that the item in question was in the folder. Make it organized from the beginning, it will help you stay on top of what you have and what you need.
Book your medical next week, as it might take a while to get an appointment. Make a list of things you need to get from Canada and have those mailed to you as soon as possible (I assume you did not enter with, for example, your birth certificate or vaccination records as you were not planning on immigrating when you entered..).
It took us about 3 weeks to get everything together. Don't rush it, it's better to do it well and properly the first time around then rush through getting the papers together and mailing an incomplete package, and then getting an RFE.
Hope this helps. Patience. And common sense. Keep those in mind and you'll be fine.

Overstaying a visa is illegal, but if you entered with a valid visa (as opposed to crossing the border), the overstay is forgiven when you adjust status if you are the immediate family member of a USC (like a spouse). The ban is only incurred if you leave the country - once you step foot outside of the United States, you will receive a 3 year ban if you have overstayed by at least 180 days and a 10 year ban if you have overstayed by 365 days or more.

Overstaying a visa is illegal, but if you entered with a valid visa (as opposed to crossing the border), the overstay is forgiven when you adjust status if you are the immediate family member of a USC (like a spouse). The ban is only incurred if you leave the country - once you step foot outside of the United States, you will receive a 3 year ban if you have overstayed by at least 180 days and a 10 year ban if you have overstayed by 365 days or more.

If you are currently residing in Honduras, it may be difficult to prove a hardship to be united with your wife in the U.S.

If she's not in the country already, she cannot legally come with the intention to get married AND adjust status. AOS from VWP and tourist visas is for people who did not come with intent to marry and adjust. You have a few options:
- You can file for and wait on a K-1. She can continue to visit on VWP in the meantime as long as she follows the rules of VWP. CBP will be aware of her pending K-1 so she will have to show strong evidence of ties to her home country. In this situation, when she arrives in America you will have 90 days to marry and then you will file for AOS.
- She can come here, get married, you guys file for a CR-1, and she returns to her country within the allotted time period for VWP. Like with the K-1, she can continue to visit on VWP. In this situation, when she arrives in America she will already be a permanent resident.

Well said, Aloe. I have a serious peeve with the folks who just post "go home and do it the right way" regardless of situation/facts implying that to do otherwise is just negligence and an attempt to get over the system. Why hinder someone from finding the happiness you've found? Every AOS path taken is hard, it is expensive, involves a lot of waiting and a lot of guesswork where you wonder if there's anything you've ever done that could become a problem. I think K-1's (not all, naturally, but many of them) need to not think they were given the short end of the stick. It's hard no matter which way you AOS, period.

I think Boiler pretty much sums it up with "If you don't know, shut up."
However, to answer your questions more directly, of course there is not a problem with answering outside of one's visa category. That's the beauty of VJ, so many people ARE so well informed in so many different visa categories they can help a lot of different people. The problem is when people decide to jump on a poster when they have NO clue what they are talking about and they give incorrect and in some cases information that can be VERY damaging to the OP, and it's all fueled by an anger or jealousy or WHATEVER you would like to defend it with. There is no reason for it.
The OP in this case happened upon the misfortune of posting in the incorrect forum and instead of people ignoring the post they jumped on it like vultures and ripped him to shreds and gave him THEIR opinions claiming it was advice when even you, I'm sure, can tell it was far from correct. There is absolutely NO excuse for it. The fact that he posted in the K1 forum doesn't matter, it was an honest mistake and that didn't give any of these people the right to say what they did, not to mention they were jumping the gun by providing the WRONG information when they didn't even have all the facts. If the entire VJ website was like this there would be absolutely no value in it, the ONLY time you should post is if you know for a FACT that what you are saying is correct and if you are not you should state that it requires further research or ask for a more informed opinion on what you have already stated. If it wasn't like this I could go around all of the posts and misinform people based on the fact that I don't like the dynamic of their relationship or the country that they are immigrating from and hope that somehow it affects their status here all because I don't agree with it and I'm sure that wouldn't sit too well with you.
Now let's clear a few things up before you start nit picking. I KNOW that all K1 petitioners do not feel the same way, I know that all K1 petitioners did not post and I know I should have worded my original post differently. I have nothing against those in the K1 process I wish you the best of luck and hope you all receive speedy approvals if that is what you are hoping for. My post was directed at those people who did post the misinformation. I sincerely apologise for any offense I may have unintentionally caused. Also wanted to clear up I don't have anything against anyone marrying whoever they want that was a hypothetical type situation.
VJ is a great place but not when posts are hijacked by people who are more interested in their self gain and what they could and couldn't do. Let's stick to the facts people. Once again in Boiler's wise and wonderful words "If you don't know, shut up."
I really don't have this much time on my hands to post but I did because when I first joined VJ some people had me shaking in my boots thinking I was NEVER EVER going to be allowed back into the U.S. just because I had THOUGHT about marrying my Husband and if I had have listened I wouldn't be with him right now all because a bunch of misinformed asses!
Anyway let's get back ON TOPIC and hope the OP wasn't scared away from a great place like VJ because of all this.

No then she won't need to (if she were an immigrant as well she would). Sounds to me like the child doesn't like your friend... not a good thing.

I think you might be confusing Advanced Parole with emergency Advance Parole. The normal Advance Parole is sent in as a part of your AOS packet, and it takes about 2-3 months to be approved. It is routinely approved - you don't need to convince anyone that you need it.
Now, if before that time, you really need to leave the country, you can make an INFOPASS and request and emergency AP. They have the ability to print the documents right there for you, but you will need to do some convincing that you deserve to jump in line and have a real emergency.
If you leave before you have AP in hand, your AOS will be considered abandoned, you will waste all the fees, and you won't be let back in the country unless you have a CR-1 spousal visa in hand, a process that takes around a year.

Well, I am more than happy to admit no A) not being an immigration lawyer, and B) definitely not knowing everything there is to know about these processes - so, I'll gladly take advice and corrections from more knowledgeable members if something I state here is incorrect or just wrong. That is my understanding of misrepresentation at POE, and my understanding has also been that USCIS has full access to any notes taken at POE. If I was wrong about that, I stand corrected.
Also, just to note, I am not in the habit of listening to "old wives tales", here or anywhere else. I try my best to find legitimate and trustworthy sources when looking for information about immigration, or anything else for that matter. I also try my best to stay respectful towards other members here on VJ, even when I feel someone has made a statement I disagree with.

Yes, but there's a difference between accepting a means-tested benefit and becoming a public charge. Collection of temporary means-tested benefits will generally not make an immigrant become a public charge, but if they are covered by an enforceable affidavit of support then the sponsor can still be held liable for reimbursement. If it was virtually impossible for an immigrant to collect any means-tested benefits because of the public charge requirement then there would be no need for an affidavit of support.
She can collect CHIP benefits. She won't be deported for it. The US government may ask her husband to reimburse them for the expenses.

I think it has to be noted that the real tragedy of scenario #3 is all those poor hungry dolphins that didn't get fed!

Well..wow. That was a lot of reading. I felt that I needed to respond to this because my situation is similar (feel free to read my timeline in my signature for details). We visited back and forth for over a year, and during my last visit here, he proposed, we got married. We've lived together before and each time I came here to visit and each time I went back home. We have tons of proof of marriage, there was no intent to immigrate, that doesn't mean that I don't have the right to apply for AOS because other people go through K1 or CR1 processes and have to be away from their loved ones. Each case is different, some get approved, others denied, it's a scary and long process that we all just want to get over with.
Back to topic, he asked for advice, I didn't see him state that it was her intention to immigrate, most couples live together while they're visiting anyway so that has no bearing on the situation. My husband and I did this without a lawyer, if you can read, you can fill out all the forms and send it in without problems, if there's something missing, they'll send you an RFE, Bottom line, if the during the interview they suspect that you committed visa fraud, then you have a problem, however, no one can know that but you. The steps my husband and I took:
1) Did a lot of reading on VJ and USCIS.
2) You (the petitioner) will need to file form I-130 for your wife
3) Your wife (the beneficiary) needs to file the I-485 and I-765 (for employment) and the I-693 (medical exam from a civil surgeon)and also there is the I-864 which proves that you are able to support her financially.
4) Form G-325A (biographic) for both of you.
5) Form G-1145 for email and mail notifications.
Each form comes with a separate instructions file and the required papers that need to be attached to each form are listed. It will require a lot of reading and concentration but it can be done.
Certain evidence that the marriage isn't a fraud is also required to be submitted, like pictures, affidavits (which a sworn notarized statement from people who know you), joint bank account, property, etc. All this information is available for you under the forms section on the USCIS website.
There are also certain lawyers that will give free consultation over the phone. IF you feel that you need it, use it and if you feel that you'll feel better to have a lawyer, I would hire one. Regarding the overstay of your wife, If you get your notification that your application has been received and under review, she is not allowed to leave the country or the application will be considered abandoned and you will lose the fees you paid and have to start over. If she does overstay before the notification, I believe it will be forgiven since she is married to a USC.
Good luck.

first of all, the OP has not yet confirmed whether or not she originally entered with intent to marry and stay. As much as those who had to wait out the K1 process often think it's unfair to be able to AOS from a tourist visa within the US and avoid being apart from your loved one, there are occasions when a foreigner enters the country under a non-immigrant status - be it tourist, student, work, or VWP - without an intent to immigrate, but ends up marrying a USC and adjusting status. That is perfectly legal.
If the OP did in fact mean that he invited her to MOVE here permanently, and she used a tourist visa to come here, then yes - she should not try to AOS from that status. I don't think it's necessary to go on a rant quite yet about illegalities and visa fraud, when to me it seems pretty clear the OP is not aware of the regulations and requirements and is here to ask for advice to be able to choose the right way to continue.
jonDutch - if your wife entered the US using a tourist visa, with the intent to move here, marry you and stay here with you permamently, then she cannot adjust her status with the I-485. Using a non-immigrant visa to enter the US with the preconceived intent to immigrate here is not allowed.
What you can do is have her return to Brazil BEFORE her I-94 expires, and take the CR-1 route and apply for a spousal visa. It will take a while (9 months, give or take), but it will be cheaper, safer, and she won't have any periods of not being able to work once she gets to the US.
Read the guides here on VJ, take a look at the forms and instructions, and talk with your wife. Though AOS might seem like a tempting choise, if you planned for her to stay here permanently before she came, I personally don't think it is a risk worth taking.
Boa sorte para você e para a sua esposa!
Addition: Personally I see no reason to scare them with these "you have to get a lawyer" statements. If she did not have intent to stay, it's a perfectly straight forward AOS. If she did, she can return to Brazil before her I-94 expires and go for the CR-1.

Actually,
Harpa Timsah, who is not only one of the most knowledgeable members here on VJ but one of the politest as well, has noticed that you are confused like a 90-year old who had been in a coma for a decade. She tried to figure out what you failed to disclose, and your response to her is like that of somebody who asks for a handout, gets a 10-dollar-bill, and then beats the generous person up for not giving more.
It's you who is jumping to conclusions, and it's not helping anybody.

?? Processing is a lot faster. AOS takes 3-5 months, CR-1 visa takes 9-12 months to achieve the same result.
OP - Since she had no intent to marry or stay when she arrived, you can file for AOS. Follow the guides up top and good luck. Keep in mind she cannot travel until she gets temporary travel permission, called Advance Parole. If that doesn't work for her, then you can file for a CR-1 visa and she can continue to visit during the process, as long as she follows the limits on her visa. Good luck.

You are already married when you arrive, you have posted your intent on a site that is sometimes monitored by immigration. It would be very stupid to try to adjust status with these things against you. You will have to do things the right way.

The fact that you are considering possibly adjusting your status once here on a tourist visa constitutes preconceived intent. You are planning to eventually immigrate to the US and you plan to possibly use the tourist visa to do that - that is enough to constitute visa fraud. Besides, you chances of getting a tourist visa now that you are married to a US citizen are limited.
The right route to take is the CR-1 spousal visa. You apply for the CR-1, which will take about 9 months to get. Once you have it, you can come to the US with that visa, and once you cross the border you will become a legal permanent resident, you will get your green card, and you are all set to go.

Yes,
on an inland flight any form of government (state or federal) issued photo ID will be sufficient. Unless he pulls out a gun at the body scanner and screams "I'll take you all down with me you friggin' Gringos" he will not even get in contact with the CBP or ICE folks, and only federal agents have the right to even ask about a person's citizenship and.or immigration status.

Your joint sponsor needs to supply a lot more that their 2010 tax return. Read the form instructions and provide all the required documentation.

It sounds like you're looking for reassurance that things will be okay or for someone to tell you that it's not visa fraud. You already know the laws, you already know your options.
It's visa fraud, but in the end you have to make the decision to take the risk or not. Have you overstayed? Keep in mind that you can stay in the United States as long as your visitor visa allows while a CR-1 or K-3 is processing, and you can also go back and forth, though it is at the discretion of border patrol whether or not to let you in. Keep in mind if you decide to take the risk and adjust status, you cannot return to Canada until you are granted AP, not even for a day, not even to tie up loose ends.

A thread with this question should be a sticky topic or something. It gets asked at least 3 times every week.
Yes, it costs $380 and expires when I-94 expires so you can't legally work past 90 days anyway until you file AOS and get EAD approved on AOS basis.

If your insurance company says they'll cover it then pay the civil surgeon out of pocket and send a claim to the insurance company. The civil surgeon isn't going to bill the insurance company for you.

It sounds to me - and I may be wrong - that part of the problem is that her spouse does not make enough money sponsor her and that they do not have anyone who makes enough money to be a co-sponsor. So even if they do without something and come up with the money, unless they are able to find someone who can co-sponsor, they will just be denied if they apply without sufficient income.
It's a really crappy situation. To the OP, I really hope your husband is able to find more gainful employment soon and/or that your family cake business picks up speed. I don't know what kind of cakes you guys make, but I can tell you as a parent that there is a big market for cute birthday cakes for kids, especially first birthdays.

That's pretty confusing. I'd schedule an Infopass appointment ASAP. It sounds to me like they denied the January 20th petition (with waiver) and not the one you filed in July (with your wife), which presumably has not been processed yet. But it's a bit confusing, so I'd verify with USCIS before you send any additional payment.