Helz

Hi,

My fiance was granted temporary residency while awaiting greencard status on the grounds that he is an unmarried child over the age of 21 of a citizen. This was part of an amnesty by clinton I beleive.

Our first child is due in september and I applied for a B1 visitor visa to allow me to be there for the birth of the child and have an extra couple of months to recover (i was apparently given very bad advice to do this). The visa was declined and i'm now not allowed to travel to america without first obtaining a visa, as i would likely be turned away on entry with just a waiver.

My fiance has applied for a temporary work papers which take 90 days to process. I don't have the number of the visa handy but i think it is something like an I70? i'll get back to you with that one.

My questions really is does anyone have any advice on things I could do to get the ball rolling for me to be over there, even for a visit! or will we just have to wait until he has greencard status and then get married?

Any advice gratefully received. If you need further information please ask and i'll try and find more out.

Thanks, Helen

Helz

On browsing this site I have noticed some people talking about advanced parole. Would my fiance be eligable for this to return to the u.k for our child's birth without facing the 10 yr ban for overstaying?

Hnchoksi

    >Subject: Fiance awaiting greencard on amnesty
    >From: Helz member25066@british_expats.com
    >Date: 5/30/2004 12:34 PM Eastern Standard Time
    >Message-id: <[email protected]>
    >Hi,
    >My fiance was granted temporary residency while awaiting greencard
    >status on the grounds that he is an unmarried child over the age of 21
    >of a citizen. This was part of an amnesty by clinton I beleive.
    >Our
    >first child is due in september and I applied for a B1 visitor visa to
    >allow me to be there for the birth of the child and have an extra
    >couple of months to recover (i was apparently given very bad advice to
    >do this). The visa was declined and i'm now not allowed to travel to
    >america without first obtaining a visa, as i would likely be turned
    >away on entry with just a waiver.
    >My fiance has applied for a
    >temporary work papers which take 90 days to process. I don't have the
    >number of the visa handy but i think it is something like an I70? i'll
    >get back to you with that one.
    >My questions really is does anyone have
    >any advice on things I could do to get the ball rolling for me to be
    >over there, even for a visit! or will we just have to wait until he has
    >greencard status and then get married?
    >Any advice gratefully received.
    >If you need further information please ask and i'll try and find more
    >out.
    >Thanks, Helen

You need to get married BEFORE his green card is approved. In that case you
will be eligible for "follow to join" benefits. If you get married after, the
wait is currently 6 years. There is no other way unless you qualify for an H-1B
or something similar on your own. With a baby on the way, it seems quite
unlikely though...

Helz

Thanks for your reply. With me unable to enter the country and gareth unable to leave it doesnt seem likely that we can get married at this time, AND his papers have been filed on the condition that he is an unmarried child of a citizen.

Do you know if it is possible to change that to accomodate him being married?

When you say six years....does that mean until I can live in the country? would there be any allowances for me to visit until then?

Thanks for your help. I don't think my worst nightmares could have made me beleive what immigration is like

Hnchoksi

    >Subject: Re: Fiance awaiting greencard on amnesty
    >From: Helz member25066@british_expats.com
    >Date: 5/31/2004 2:59 PM Eastern Standard Time
    >Message-id: <[email protected]>
    >Thanks for your reply. With me unable to enter the country and gareth
    >unable to leave it doesnt seem likely that we can get married at this
    >time, AND his papers have been filed on the condition that he is an
    >unmarried child of a citizen.
    >Do you know if it is possible to change
    >that to accomodate him being married?
    >When you say six years....does
    >that mean until I can live in the country? would there be any allowances
    >for me to visit until then?
    >Thanks for your help. I don't think my
    >worst nightmares could have made me beleive what immigration is like

No. You will not even be allowed to visit while your I-130 is pending.
Currently the ones at the Vermont Service Center, for example are backed up to
Jan 1999. They have not processed any for the last two years or so. However he
will probably be a citizen by the time your number comes up so the application
may move faster then. Same time frame though.

However, for your edification, there is a bill in congress that will allow the
V-visa to be re-instated. It allows the spouses and kids of GC holders to join
their spouses. It is stuck in subcommittee though. It needs support. If you
find time ask him to write to his local congressional reps to support it. It is
HR 3701. You can go to www.house.gov and look it up. You can also visit
www.united4life.org to check out some things. A lot of people are in this bind
and need all the support that can be mustered.

Sylvia Ottemoeller

"Helz" <member25066@british_expats.com> wrote in message
news:[email protected]...

    > Thanks for your reply. With me unable to enter the country and gareth
    > unable to leave it doesnt seem likely that we can get married at this
    > time, AND his papers have been filed on the condition that he is an
    > unmarried child of a citizen.
    > Do you know if it is possible to change
    > that to accomodate him being married?

Yes, it is possible, but there will be some consequences concerning how the
whole process can be worked out, and I'm not sure what they are.

If you and Gareth marry before he becomes a permanent resident, he and you
will be eligible for category conversion. His category is now Family 1,
unmarried son or daughter (over 21) of a U.S. citizen. The day he marries,
if he has not already become a permanent resident, his category will be
converted automatically, by operation of law, to Family 3, married son or
daughter of a U.S citizen. If that happens, you, as his spouse, can
immigrate to the U.S. under the same category, Family 3, as his dependent,
and you will probably do what is called "follow-to-join."

This follow-to-join process will take awhile, probably several months, but
at least it will not be 6 years, as it would if you marry after he becomes a
permanent resident, and you immigrate in category Family 2A with your spouse
as the petitioner.

See 8 CFR section 204.2(i)(1)(i), available through
http://uscis.gov/graphics/lawsregs/8cfr.htm:
__________________

i) Automatic conversion of preference classification.
(1) By change in beneficiary's marital status.
(i) A currently valid petition previously approved to classify the
beneficiary as the unmarried son or daughter of a United States citizen
under section 203(a)(1) of the Act shall be regarded as having been approved
for preference status under section 203(a)(3) of the Act as of the date the
beneficiary marries. The beneficiary's priority date is the same as the date
the petition for classification under section 203(a)(1) of the Act was
properly filed. (Redesignated as paragraph (i), previously paragraph (h);
3/26/96; 61 FR 13061)

__________________

One question is: what happens to his I-485 if he marries? The I-485 was
filed on the basis of an available visa in the category, because he met the
quota in that category. Family 3 has a longer waiting time for the quota,
and the category conversion caused by his marriage might make a visa become
unavailable.

If you let me know Gareth's priority date, I'll give you an answer about the
visa availability.

I know that when priority dates retrogress in the same category, the I-485
remained properly filed. For example, if a person files Form I-485 when a
visa number is available, and later a visa number became unavailable because
the priority date has retrogressed, the I-485 remains in effect. However,
the situation may be different if the person takes an action that converts
the category.

There is another question. Can Gareth travel outside the U.S.? You
referred to "an amnesty by Clinton." You might be referring to 245(i),
under which a person who is normally not eligible to file Form I-485 because
of status violation or entry without inspection can get forgiveness and file
Form I-485 anyway. The problem is that most of these people are not
eligible for advance parole (obtained by filing Form I-131), and thus they
cannot travel outside the U.S. until they get permanent resident status.

The reason a person may not be eligible for advance parole is that he is
subject to the 3 or 10 year bar. That is, if he leaves the U.S., even if
USCIS mistakenly granted the I-131, he cannot legally re-enter the U.S.
until 3 years or 10 years have passed.

If Gareth is eligible for advance parole, and he obtains it and leaves the
U.S. and marries you, can he legally get back into the U.S. using that
advance parole? I think so, but I am not sure.

It may be that Gareth should leave the U.S., marry you, and wait outside the
U.S. for consular processing. Yes, even this might be better that the 6
year separation.

Another idea -- this must have been discussed, but I haven't seen it --
could you both come to the same place, for example on the border between
Canada and the U.S., and get married, each standing on a different side of
the border?

You and he need to consult with a really good, experienced immigration
attorney. Whatever you pay the attorney will be well worth it if you can
follow to join in Family 3 with his parent as the petitioner, rather than in
Family 2A with your spouse as the petitioner.

    > When you say six years....does
    > that mean until I can live in the country?

Probably not.

would there be any allowances
    > for me to visit until then?

Probably not.

Amanda

    > HR 3701. You can go to www.house.gov and look it up. You can also visit
    > www.united4life.org to check out some things. A lot of people are in this
    > bind and need all the support that can be mustered.

I have signed online petition for HR 3701 but where do I mail the
thing? I am still not familiar with the government systm here. Can you
post the address where we can mail the printed version of the petition
signed by us supporters?

Hnchoksi

    >Subject: Re: Fiance awaiting greencard on amnesty
    >From: [email protected] (Amanda)
    >Date: 6/1/2004 5:07 PM Eastern Standard Time
    >Message-id: <[email protected]>
    >> HR 3701. You can go to www.house.gov and look it up. You can also visit
    >> www.united4life.org to check out some things. A lot of people are in this
    >> bind and need all the support that can be mustered.
    >I have signed online petition for HR 3701 but where do I mail the
    >thing? I am still not familiar with the government systm here. Can you
    >post the address where we can mail the printed version of the petition
    >signed by us supporters?

I don't think there is a place where you can mail the petition other than to
specific members of Congress. i.e., your own member and senators. Good idea to
wirte to all members of the House Subcommittee on Immigration, Border Security
and Claims too. You will have to go to www.house.gov and www.senate.gov to find
out their addresses.

As far as the online petition, there are options to fax or email. Most people
do both for good measure. It is all automatic. The website does it for you.

Spread the word...

Helz

thanks for all the great replies. I'm starting to piece together our situation alot better.

Another question I have is...what is immigration like from america to the bahamas? Could gareth take his own boat there and back without a problem? and would i be able to fly there via miami as I wouldnt be staying there? I was thinking if we could both get there to get married that would help alot!

Sylvia Ottemoeller

"Helz" <member25066@british_expats.com> wrote in message
news:[email protected]...

    > thanks for all the great replies. I'm starting to piece together our
    > situation alot better.
    > Another question I have is...what is immigration
    > like from america to the bahamas? Could gareth take his own boat there
    > and back without a problem? and would i be able to fly there via miami
    > as I wouldnt be staying there? I was thinking if we could both get there
    > to get married that would help alot!

Helz, you and your fiance **must** find out whether he is subject to the 3
or 10 year bar. If his *is,* then a trip to the Bahamas, even in his own
boat, will get him into big trouble. He and you would not be able to hide
the fact that he left the U.S. because that is where the marriage would take
place. If he then returns to the U.S. without going through a port of
entry, that would be entry without inspection!

Also, even if he is not subject to the bars, he must get advance parole
before leaving the U.S. If he leaves without advance parole, he will be
considered to have abandoned his I-485, and he will be stuck outside the
U.S. (even if not subject to the bars).