COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!
#16
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Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!
You seem intent on complicating matters by engaging in fraud.
You should just file for your mother and ignore your Fathers petition.
You should just file for your mother and ignore your Fathers petition.
#17
Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!
Might not be that simple, since she came on a K3. K1's can only adjust based on the original petitioner. Not sure about K3.
I second Rene's advice of seeking legal advice before doing anything to complicate matters further. J Craig Fong is a good choice. Laurel Scott in Houston is also good.
I second Rene's advice of seeking legal advice before doing anything to complicate matters further. J Craig Fong is a good choice. Laurel Scott in Houston is also good.
#18
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Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!
It shouldn't matter. All it means is that if she wanted to adjust status based on her K-3 visa, then her husband would have to be the one to follow through.
In this case, though... she has another option. She can file based on being the mother of a USC who, from what it seems, is over 21 and eligible to file an I-130 on her behalf. Adjusting because her son is a USC is totally separate from whether or not she's in the US on a K-3 visa. She has a viable and legal means of adjusting status... and it takes the husband out of the picture.
Fragger - I also think you should speak to a good immigration attorney about this - mostly because you've already toppled over the edge of committing fraud by having submitted an AOS package on behalf of your mum based on a non-viable marriage to the K-3 sponsor. You need to take care of this first - because it may, in fact, have a determination on whether or not your mum gets put into removal proceedings.
If, however, that works out for you, then you should be able to submit an I-130 petition concurrent with your mom's I-485 (and all the other stuff) without any major problems.
You have been given the names of two very competent immigration attorneys - I suggest you contact them and get this sorted out... immediately!
Ian
In this case, though... she has another option. She can file based on being the mother of a USC who, from what it seems, is over 21 and eligible to file an I-130 on her behalf. Adjusting because her son is a USC is totally separate from whether or not she's in the US on a K-3 visa. She has a viable and legal means of adjusting status... and it takes the husband out of the picture.
Fragger - I also think you should speak to a good immigration attorney about this - mostly because you've already toppled over the edge of committing fraud by having submitted an AOS package on behalf of your mum based on a non-viable marriage to the K-3 sponsor. You need to take care of this first - because it may, in fact, have a determination on whether or not your mum gets put into removal proceedings.
If, however, that works out for you, then you should be able to submit an I-130 petition concurrent with your mom's I-485 (and all the other stuff) without any major problems.
You have been given the names of two very competent immigration attorneys - I suggest you contact them and get this sorted out... immediately!
Ian
#19
Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!
Yes, but Mum can only adjust based on the relationship to her USC son if she is admitted in a status that allows the adjustment in the first place. The question is whether or not a K3 admission has similar restrictions on AOS as a K1 admission. I don't know the answer to that.
Last edited by discoviking; Mar 12th 2012 at 2:57 pm.
#20
Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!
My Father filed the I-864 with an I-864A with me being the joint sponsor. He signed the AOS, and I signed the joint sponsor form. He has had NO INCOME or even a tax filing in the US since 2006 or earlier. So the Affidavit is completely being driven off of my income and returns.
I am not giving any advice, I'm just pointing out that by filing an I-864A, you aren't claiming to be a joint sponsor, but you are claiming to be a contributing household member, and that you and your father live together.
This is clearly NOT the case.
Rene
#21
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Joined: Nov 2002
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Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!
Dear Friends,
Thanks again for coming in with your sincere and knowledgeable answers. Couple of things to clarify here:
1. The news of divorce to my mother came in yesterday to me, and thus I posted here. Before submitting the AOS packet, we had no such information, so it wasn't intended to be fraud.
2. The Affidavit of Support, per my understanding, and the instructions is structured in a way that the I-864 is filled out by the Principle Sponsor no matter what their income is, while 864A is filed by the contributing or Joint Sponsor. Indeed, my Dad's income was 0, and I more than met the requirements. Now, physically speaking, my Father went overseas to sort out some matters, yes, but in terms of records and etc, his official address in the US is the SAME roof that my Mother and I live under. Furthermore, it is where he left from, when he was leaving the US.
I agree with you guys, I will be reaching out to one of the recommended Attorneys right away. My gut says to let the AOS application linger for as long as it can (after all, I paid the massive fees associated with it and then got blindsided), and in parallel, file an I-130 for my Mom. Question being, whether to do concurrent filing OR the regular method, which would be the fastest and the least complicated, with my Mom being in the country for as long as possible.
Does anyone know what kind of Processing Times they are currently doing on the I-130s these days?
Thanks again for coming in with your sincere and knowledgeable answers. Couple of things to clarify here:
1. The news of divorce to my mother came in yesterday to me, and thus I posted here. Before submitting the AOS packet, we had no such information, so it wasn't intended to be fraud.
2. The Affidavit of Support, per my understanding, and the instructions is structured in a way that the I-864 is filled out by the Principle Sponsor no matter what their income is, while 864A is filed by the contributing or Joint Sponsor. Indeed, my Dad's income was 0, and I more than met the requirements. Now, physically speaking, my Father went overseas to sort out some matters, yes, but in terms of records and etc, his official address in the US is the SAME roof that my Mother and I live under. Furthermore, it is where he left from, when he was leaving the US.
I agree with you guys, I will be reaching out to one of the recommended Attorneys right away. My gut says to let the AOS application linger for as long as it can (after all, I paid the massive fees associated with it and then got blindsided), and in parallel, file an I-130 for my Mom. Question being, whether to do concurrent filing OR the regular method, which would be the fastest and the least complicated, with my Mom being in the country for as long as possible.
Does anyone know what kind of Processing Times they are currently doing on the I-130s these days?
#22
Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!
Does anyone know what kind of Processing Times they are currently doing on the I-130s these days?
Rene
#23
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Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!
Rene, when you say process the I-130, you just mean the Approval of the application, correct? This minus the NVC and Consulate Processing times, correct? Which should be another 3-4 months, I assume? So roughly 8 months from filing to Green Card?
#24
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Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!
2. The Affidavit of Support, per my understanding, and the instructions is structured in a way that the I-864 is filled out by the Principle Sponsor no matter what their income is, while 864A is filed by the contributing or Joint Sponsor.
Ian
#25
Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!
This minus the NVC and Consulate Processing times, correct?
Which should be another 3-4 months, I assume? So roughly 8 months from filing to Green Card?
Rene
#26
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Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!
EDIT: In case it hasn't been emphasized enough, this
In addition to all that's happened, my Father is claiming that he is willing to help us through the status of my Mom's status by not disclosing their divorce to the USCIS while her adjustment is executed, and will even possibly show up to the US to take part in the interview that will be required to give her the Adjustment of Status to a Permanent Resident, based on her pending I-485 application.
Last edited by zerlesen; Mar 12th 2012 at 6:27 pm.
#27
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Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!
Hey Friends,
So much per your advice here, I spoke to a very good lawyer (Susan Pai).
She's in agreement with you guys, that we should perhaps withdraw the application for Adjustment Filed Based on my Dad, ASAP, and put in an Adjustment Application through me...
Apparently, the K-3 being an issue for her presence here, is not really an issue, applies more towards K-1.
Her suggestion is to file my application as a USC for my Mother, and withdraw my Dad's adjustment application. However, my Mom would still be protected with lawful presence in the country due to a "Pending" application for adjustment.
What are your guys thoughts on this? Her fees are very expensive though! Any ideas folks?
Thanks again for your help.
P.S. I am starting to see and agree with you guys that the current application is a route toward possible grounds for fraud, so I am looking to get that out of the picture, ASAP as well... just thought I'd let you guys know...
Thanks again for all your help!
So much per your advice here, I spoke to a very good lawyer (Susan Pai).
She's in agreement with you guys, that we should perhaps withdraw the application for Adjustment Filed Based on my Dad, ASAP, and put in an Adjustment Application through me...
Apparently, the K-3 being an issue for her presence here, is not really an issue, applies more towards K-1.
Her suggestion is to file my application as a USC for my Mother, and withdraw my Dad's adjustment application. However, my Mom would still be protected with lawful presence in the country due to a "Pending" application for adjustment.
What are your guys thoughts on this? Her fees are very expensive though! Any ideas folks?
Thanks again for your help.
P.S. I am starting to see and agree with you guys that the current application is a route toward possible grounds for fraud, so I am looking to get that out of the picture, ASAP as well... just thought I'd let you guys know...
Thanks again for all your help!
#28
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Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!
EDIT: The issue being that once the old I-485 is withdrawn (or, in the fullness of time, denied) she's no longer an applicant for AOS and then she has to leave. Or did I miss something?
EDITx2: To remove the word "surely," which thanks to this forum I now try to avoid in the context of US immigration law.
Last edited by zerlesen; Mar 12th 2012 at 8:21 pm.
#30
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Re: COMPLICATED Concurrent Filing Question, CALLING EXPERTS, PLEASE HELP!!!
Ian