Gypsiyee

Good morning,

I have had multiple conversations with Mr. S K Ghori, and he has been
absolutely wonderful, but I'd like to give him a break because I'm still
so confused!

Basically, my bf is here on a B-2 from New Zealand - he visited me in
January for a couple weeks (2) on a visa waiver and got his B-2 a couple
months of being back home after that, and has been here since March. We
have decided to get married and file for permanent residency for him.

His B-2 expires 9/16; per some advice on waiting til he has been here
for an extended period of time to get married, we were planning on
getting married in August and filing then - I noticed today, however,
that fees are going up 80% after July 30, so I am wondering if it would
hurt or help us to take care of this before then.

Also, what exactly is the process we need to take once we have our
marriage certificate? I know that I need to file an affidavit of support
and all of that; I have no idea what the process is - will we file all
of the forms to take care of it all at once, or is it a bunch of steps?
I am told that he can stay while the application is processing also,
even though his visa expires on 9/16.

We are currently staying with my father and I have a steady income, he
has not violated any rules of his being here and my record is crystal
clear - we had no intentions of getting married prior to him coming
here, though he did leave his job as he knew he'd be visiting quite some
time - do you anticipate any problems with obtaining his residency? And
a dummy guide to applying for it would be great- everything is just such
a jumble and we're so worried about everything right now.

--

meauxna

You have had 'multiple' conversations with an immigration attorney and you still have these questions? I'm really surprised.

Once you are married, you begin a process called 'Adjustment of Status' which is detailed at uscis.gov

Noorah101

Go to www.uscis.gov, and do a search for the phrase "How do I adjust my status to permanent resident"?

If you can't find that or don't understand it, you can have a 1-time consultation with an immigration attorney, runs about $100 and will outline the forms and the process. Sounds like you've already had multiple conversations with one, not sure if that was in person or not, but go in person to see one. Pay the fee and get his advice in person.

Rene

Gypsiyee

> > You have had 'multiple' conversations with an immigration attorney
> > and
> > you still have these questions? I'm really surprised.
> >
> > Once you are married, you begin a process called 'Adjustment of
> > Status' which is detailed at uscis.gov
>
> Go to www.uscis.gov, and do a search for the phrase "How do I adjust
> my
> status to permanent resident"?
>
> If you can't find that or don't understand it, you can have a 1-time
> consultation with an immigration attorney, runs about $100 and will
> outline the forms and the process. Sounds like you've already had
> multiple conversations with one, not sure if that was in person or
> not,
> but go in person to see one. Pay the fee and get his advice in
> person.
>
> Rene

nono, not an attorney, just a kind hearted person on a forum who has
been able to provide me with heaps of information

i understand it for the most part, i guess i'm just hoping to get
feedback from one or two more people to verify everything in my
head is all.

we have all the forms and are getting married on friday. we plan to
speak with an immigration officer at our local office on monday; i just
want to make sure this is the process we need to follow, because i don't
want to screw up with this. it's one of those things where you can be
told a thousand times the right way to do it but it's very nerve-racking
and you always think you're doing something wrong. i'd just like to have
some peace of mind and know what the odds are against us, because we'd
hate to lose each other.

one of my biggest concerns is understanding if the I-130 and I-485 can
be filed together - the nice man who has explained a lot to me said that
they can be, but I'm just looking for verification because I was under
the impression that the I-130 step has to be taken first.

If anyone could provide insight, it would be greatly appreciated.
Obviously one of the main concerns now is the timeline due to the
processing fee increase, so we're trying to expedite it a bit.

--

Noorah101

You are allowed to file the I-130 and I-485 together, yes, that way he can remain in the USA while the AOS processes. However, if he came to the USA with that intent (to marry and remain to adjust status) then you might run into a headache with USCIS if they suspect he did that. If you want to avoid ANY suspiscion whatsoever, then just file the I-130 for now, and have him go back to NZ for the remainder of the spouse visa process. The choice is yours.

If you plan on filing for AOS here, why don't you put up the list of documents and forms you have ready to file and we'll see if you're missing anything.

Best Wishes,
Rene

Noorah101

If this is with someone at the desk at your local USCIS office, don't count too heavily on what they tell you. Seems that the people who work there don't know all there is to know about immigration. Your best bet to get real information would be to pay an immigration attorney for a 1-time consultation.

Rene

meauxna

[QUOTE=Gypsiyee;
we have all the forms and are getting married on friday. we plan to
speak with an immigration officer at our local office on monday; i just
want to make sure this is the process we need to follow, because i don't
want to screw up with this. it's one of those things where you can be
told a thousand times the right way to do it but it's very nerve-racking
and you always think you're doing something wrong. i'd just like to have
some peace of mind and know what the odds are against us, because we'd
hate to lose each other.

one of my biggest concerns is understanding if the I-130 and I-485 can
be filed together - the nice man who has explained a lot to me said that
they can be, but I'm just looking for verification because I was under
the impression that the I-130 step has to be taken first. /QUOTE]

Start here
http://www.familybasedimmigration.co...read.php?t=271

Read the uscis.gov links
Don't count on what any immigration officer tells you.
You REALLY should consult with an attorney so you are not faced with questions of fraud, visa abuse, immmigrant intent at entry etc.
You REALLY should understand what you are doing before you file forms; beating the fee increase can have worse consequences if you don't understand what you're doing.
Filing forms before having read the instructions is a bad idea in general.
Key word to search for is 'concurrent'.
An I-130 filed on its own does NOT legalize his status in the US, but it is a useful addition to an application to Adjust Status to Permanent Resident or start and Immigrant Visa application.

Unfortunately, USCIS hates us more than ever before, as evidenced by the 'upgrade' to their website last year. This may or may not have the info you need: http://tinyurl.com/3yd99n and the links may or may not work.

Gypsiyee

> > > > You have had 'multiple' conversations with an immigration
> > > > attorney
> > > > and
> > > > you still have these questions? I'm really surprised.
> > > >
> > > > Once you are married, you begin a process called 'Adjustment of
> > > > Status' which is detailed at uscis.gov
> > >
> > > Go to www.uscis.gov, and do a search for the phrase "How do I
> > > adjust
> > > my
> > > status to permanent resident"?
> > >
> > > If you can't find that or don't understand it, you can have a 1-
> > > time
> > > consultation with an immigration attorney, runs about $100 and
> > > will
> > > outline the forms and the process. Sounds like you've already had
> > > multiple conversations with one, not sure if that was in person or
> > > not,
> > > but go in person to see one. Pay the fee and get his advice in
> > > person.
> > >
> > > Rene
> >
> > nono, not an attorney, just a kind hearted person on a forum who has
> > been able to provide me with heaps of information
> >
> > i understand it for the most part, i guess i'm just hoping to get
> > feedback from one or two more people to verify everything in my
> > head is all.
> >
> > we have all the forms and are getting married on friday. we plan to
> > speak with an immigration officer at our local office on monday; i
> > just
> > want to make sure this is the process we need to follow, because i
> > don't
> > want to screw up with this. it's one of those things where you can
> > be
> > told a thousand times the right way to do it but it's very nerve-
> > racking
> > and you always think you're doing something wrong. i'd just like to
> > have
> > some peace of mind and know what the odds are against us, because
> > we'd
> > hate to lose each other.
> >
> > one of my biggest concerns is understanding if the I-130 and I-485
> > can
> > be filed together - the nice man who has explained a lot to me said
> > that
> > they can be, but I'm just looking for verification because I was
> > under
> > the impression that the I-130 step has to be taken first.
> >
> > If anyone could provide insight, it would be greatly appreciated.
> > Obviously one of the main concerns now is the timeline due to the
> > processing fee increase, so we're trying to expedite it a bit.
> >
> > --
>
> [QUOTE=Gypsiyee;
> we have all the forms and are getting married on friday. we plan to
> speak with an immigration officer at our local office on monday; i
> just
> want to make sure this is the process we need to follow, because i
> don't
> want to screw up with this. it's one of those things where you can be
> told a thousand times the right way to do it but it's very nerve-
> racking
> and you always think you're doing something wrong. i'd just like to
> have
> some peace of mind and know what the odds are against us, because we'd
> hate to lose each other.
>
> one of my biggest concerns is understanding if the I-130 and I-485 can
> be filed together - the nice man who has explained a lot to me said
> that
> they can be, but I'm just looking for verification because I was under
> the impression that the I-130 step has to be taken first. /QUOTE]
>
> Start here
> http://www.familybasedimmigration.com/forum/showthread.php?t'1
>
> Read the uscis.gov links
> Don't count on what any immigration officer tells you.
> You REALLY should consult with an attorney so you are not faced with
> questions of fraud, visa abuse, immmigrant intent at entry etc.
> You REALLY should understand what you are doing before you file forms;
> beating the fee increase can have worse consequences if you don't
> understand what you're doing.
> Filing forms before having read the instructions is a bad idea in
> general.
> Key word to search for is 'concurrent'.
> An I-130 filed on its own does NOT legalize his status in the US, but
> it
> is a useful addition to an application to Adjust Status to Permanent
> Resident or start and Immigrant Visa application.
>
> Unfortunately, USCIS hates us more than ever before, as evidenced by
> the
> 'upgrade' to their website last year. This may or may not have the
> info
> you need: http://tinyurl.com/3yd99n and the links may or may not work.

Thank you for your responses -

Rene- the forms we have are -

I130
I485
213A
G325A - 2 of these
I693

Meauxna -

We have definitely read the instructions over and over again and are
probably about as sure as we can possibly be, we have just never done
this before. There was definitely no intent upon entry; he has a letter
from people stating that he has a place to live still and all that - he
is here completely legally and we definitely don't want him here
illegally - it is my understanding that it is legal for him to stay here
as his application processes.

Are you both saying that it isn't wise to make an appointment with the
immigration office? If it would be smarter to meet with an immigration
attorney to ensure all of the forms are filled out properly (which is
the primary reason we were thinking of making an appointment) we could
definitely do that instead, I just wasn't sure how much information
they'll give you with just a consultation, and we weren't planning on
hiring an attorney for the whole process.

My only concerns are a checklist, I want to make absolutely positive we
have everything we need, is there anything I need to file with my
affidavit of support, can it all go in one package when we mail it in,
making sure I have all necessary attachments to go with the forms, and
the verification we'll receive to know that he can stay past september
16 because his application is processing. I'm just the type of person
who likes to check myself at every single angle, and I think this
situation in particular is one of those where you absolutely need to,
and that's why I'm getting clarity from everyone I possibly can

Thank you guys for all of your input, I really appreciate it. Any other
light you can shine on the subject is very welcomed.

Thanks again.

--

Noorah101

I have not heard of the 213A, not sure what that's for. The doctor will supply the I-693, you don't need to do anything with that one. Looks like the only one missing is the I-864 affidavit of support. And of course the I-765 if he wants to work, and the I-131 if he wants to travel outside the USA.

We are saying that an immigration attorney will know more about what you need to do than the person behind the desk at your local USCIS office. In a 1-time consultation, you'll explain how he entered, what your goal is, and the attorney will probably give you a list of the forms you need and outline the steps involved. It's highly more reliable than a trip to the USCIS office.

Yes, there will be supporting documents to go along with the affidavit of support, they are described in the instructions on the I-864. Send the I-864 and all its supporting documentation along with the whole AOS package to the Chicago lockbox.

Rene

Gypsiyee

Thanks Rene - I mistyped. Where I typed 213A that's where I meant to put
the form for affidavit of support - it references that it's under
section 213A, my mind is so jumbled I just didn't type very well =p

We are hoping to go to an attorney sometime this week, crossing our
fingers that the attorney we select won't be a shmuck trying to get
endless money out of us and giving us little to no information.

I see that you said to send everything to the Chicago lockbox - that's
another question I had. On my I-130, it states that it goes to Texas; on
the I-485, though, it says to send a copy of the I-130 with it - do they
need to go to separate places or should the originals only definitely be
sent to Chicago?

--

Gypsiyee

> Thanks Rene - I mistyped. Where I typed 213A that's where I meant to
> put the form for affidavit of support - it references that it's under
> section 213A, my mind is so jumbled I just didn't type very well =p
>
> We are hoping to go to an attorney sometime this week, crossing our
> fingers that the attorney we select won't be a shmuck trying to get
> endless money out of us and giving us little to no information.
>
> I see that you said to send everything to the Chicago lockbox - that's
> another question I had. On my I-130, it states that it goes to Texas;
> on the I-485, though, it says to send a copy of the I-130 with it - do
> they need to go to separate places or should the originals only
> definitely be sent to Chicago?

Oh and - we haven't had his medical exam yet, is why I didn't know that
the doctor would have those on hand. Can we just go to any run of the
mill GP for this and they'll know exactly what it is?

--

Ray

Affidavit of Support Under Section 213A of the Act

explains that ..

meauxna

[QUOTE=Gypsiyee;

Meauxna -

We have definitely read the instructions over and over again and are
probably about as sure as we can possibly be, we have just never done
this before. There was definitely no intent upon entry; he has a letter
from people stating that he has a place to live still and all that - he
is here completely legally and we definitely don't want him here
illegally - it is my understanding that it is legal for him to stay here
as his application processes.

Are you both saying that it isn't wise to make an appointment with the
immigration office? If it would be smarter to meet with an immigration
attorney to ensure all of the forms are filled out properly (which is
the primary reason we were thinking of making an appointment) we could
definitely do that instead, I just wasn't sure how much information
they'll give you with just a consultation, and we weren't planning on
hiring an attorney for the whole process.

My only concerns are a checklist, I want to make absolutely positive we
have everything we need, is there anything I need to file with my
affidavit of support, can it all go in one package when we mail it in,
making sure I have all necessary attachments to go with the forms, and
the verification we'll receive to know that he can stay past september
16 because his application is processing. I'm just the type of person
who likes to check myself at every single angle, and I think this
situation in particular is one of those where you absolutely need to,
and that's why I'm getting clarity from everyone I possibly can

Thank you guys for all of your input, I really appreciate it. Any other
light you can shine on the subject is very welcomed.

Thanks again. /QUOTE]
I am not trying to be argumentative, but I would say that you are *not* as sure as you can be--you could be a LOT more sure, based on the other things you write!

I AM saying that it is not a good idea to make an appointment with the immigration office and ask them to review your documents. Many, many people have come back in tears over the bad information they received there (or good information that they did not understand).

While I'm sure that your husband's TOURIST visit entry was made legally, you need to find out if it was 'legal enough' for an AOS application. An attorney is qualified to make that determination. Yoiu do not have to hire an attorney to run your case.. many do consultations like we've described here, and many will do a document review for a fair price.

Immigration language is weird. You say you read the instructions many times; I submit that you may not have understood what you read, because I see the clarification you're asking for right here.

This is from the very first portion of the I-485 instructions:

http://www.uscis.gov/files/form/i-485.pdf
This affects aliens residing in the locations above who are filing Form I-485 under the following categories:
Aliens who are immediate relatives of a U.S. citizen, as defined by section 201(b) of the Act, ***and are filing based upon an approved, concurrently filed, or pending Form I-130, Petition for Alien Relative;***

Who May File?
Based on an immigrant petition.
You may apply to adjust your status if:
You are filing this application with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which if approved would make an immigrant visa number immediately available to you.

I gave you information to make your own searches.. I DO want you to confirm *everything* you are doing, but I don't think it is appropriate for me to give you a checklist--every case is different, and if you are going to do your own case, you need to piece together the info for each petition and application and make certain you've got the parts.
The Affidavit of Support (I-864) for example.. now, one thing that I can tell you is that while the instructions and guidelines were changed, and the thing technically only requires the single last year's tax return, there are more RFEs (Request For More Information) issued on that topic than any other.

Tax transcripts (free) from the IRS are the preferred filing method.. if you send your tax return you MUST include all attachments including every W-2, 1099 and schedule filed with the return. You are far better off sending in the past THREE years' returns for all the officers who did not read the memo.

Getting an RFE on an AOS case halts processing for the EAD (work permit) which causes cascading problems.

I can't help but notice again that the header of your thread is ' Filing for a marriage visa' and you are bent on filing the I-130 alone (earlier).. I still don't see that you understand what it is you are applying for, tho I do hear the result you want (have him stay here and not return home).
It's simply my opinion that you have more research to do. For comparison's sake, I researched for a good 4 months before I filed anything (I had never done it before either).. but I'm a bit of a slow starter myself.

Noorah101

For another comparison's sake, I was totally confused about how to bring my fiance here, when I first started. I had a 1-time consultation with an immigration attorney, who outlined the various methods (i.e., a fiance visa, a marriage visa, a work visa). I mulled that over for a while...maybe a month or so...and decided the one that would work best for us is the fiance visa. I actually hired the attorney to do the fiance visa case, and she submitted the I-129F for me. After that step, I decided to do it on my own, and started doing my own research. Since it took 4 months to get the I-129F approved, I had plenty of time to do research, take notes, and get ready for the next steps.

Rene

Gypsiyee

> > I have not heard of the 213A, not sure what that's for. The doctor
> > will supply the I-693, you don't need to do anything with that one.
> > Looks like the only one missing is the I-864 affidavit of support.
> > And of course the I-765 if he wants to work, and the I-131 if he
> > wants
> > to travel outside the USA.
> >
> >
> > We are saying that an immigration attorney will know more about what
> > you need to do than the person behind the desk at your local USCIS
> > office. In a 1-time consultation, you'll explain how he entered,
> > what
> > your goal is, and the attorney will probably give you a list of the
> > forms you need and outline the steps involved. It's highly more
> > reliable than a trip to the USCIS office.
> >
> >
> > Yes, there will be supporting documents to go along with the
> > affidavit
> > of support, they are described in the instructions on the I-864.
> > Send
> > the I-864 and all its supporting documentation along with the whole
> > AOS package to the Chicago lockbox.
> >
> > Rene
>
> Affidavit of Support Under Section 213A of the Act
>
> explains that ..

Yeah, I caught that in my previous post =)

we spoke with an attorney today who has been very helpful already even
without a consultation, so we will likely fix up everything that we're
sure of and just go over what we aren't sure of with her.

--