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HELP with filing I-130

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Old Oct 15th 2009, 4:42 am
  #16  
 
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Default Re: HELP with filing I-130

Originally Posted by BritishGuy36
Another note not mentioned above - it's possible that your wife filing in London after 6 months or a bit more may not work....recently they have been denying some such applications (asserting that the USC never meant to make the UK their permanent residence - which appears to be true in your case). So you should bear that in mind when factoring that into your decision. You could wait another 3 months then get denied, but you would be together in the UK. If that happened she'd have to go back to the US and file just as she could right now. But that would bring you to almost a year before moving there. Or she could go back to the USA and file immediately, but you would be apart for 8-10 months (apart from short visits you make to the USA).
I agree that his wife should not try to file in London, there is zero benefit for them (she is in the US right now). If they are going to go for it, it would be faster to just file in the US now. The wife can still go over to the UK and they can be together. Just run the case through the US per normal.
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Old Oct 15th 2009, 4:52 am
  #17  
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Default Re: HELP with filing I-130

Yeah fair comments - as long as someone is monitoring the mailbox at the registered US address of the USC and forwarding mail to the UK I suppose that should work fine.
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Old Oct 15th 2009, 5:00 am
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Default Re: HELP with filing I-130

Thanks for all your helps guys i really appreciate it.

I was just reading on the UCSIS website about a Form I-485 which states you can apply for this along with your I-130, which from what i make out means you can apply for a green card in the US?

"You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.

Step One – Your U.S. citizen immediate relative must file the Form I-130 for you and it must be either pending or approved.

Step Two – After you receive Form I-797, Notice of Action, showing that the Form I-130 has either been received by us or approved, then you may file Form I-485. When you file your I-485 application package, you must include a copy of the Form I-130 receipt or approval notice (the Form I-797).”


Has anyone tried this route?
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Old Oct 15th 2009, 5:07 am
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Default Re: HELP with filing I-130

I don't wish to be rude, but you aren't listening.

You can stop investigating other options. We've told you the legal avenues available to you, according to your current situation.

Whatever else you think you find either doesn't apply to you or is illegal.

Last edited by BritishGuy36; Oct 15th 2009 at 5:10 am.
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Old Oct 15th 2009, 5:10 am
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Default Re: HELP with filing I-130

It was a simple question fella, where is the harm in asking a question?

I thought people were here to help not judge?
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Old Oct 15th 2009, 5:11 am
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Default Re: HELP with filing I-130

You already asked the question and we gave you the answer. You didn't like the answer so started looking for a different one. The folks on here have all been through it, and know the ins and outs. If there was another way, as someone else said already, we'd have told you.

We can only help you if you listen.
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Old Oct 15th 2009, 5:21 am
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Default Re: HELP with filing I-130

Originally Posted by russyb
It was a simple question fella, where is the harm in asking a question?

I thought people were here to help not judge?
Depends what you call 'help' and what you call 'judging'. The method you describe is illegal.

"Really, if there was a way, we'd tell you. We like to help people unite.

You can not come to the US as a visitor with the intention of immigrating (staying); it's illegal. "
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Old Oct 15th 2009, 5:23 am
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Default Re: HELP with filing I-130

Originally Posted by russyb
Thanks for all your helps guys i really appreciate it.

I was just reading on the UCSIS website about a Form I-485 which states you can apply for this along with your I-130, which from what i make out means you can apply for a green card in the US?

"You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.

Step One – Your U.S. citizen immediate relative must file the Form I-130 for you and it must be either pending or approved.

Step Two – After you receive Form I-797, Notice of Action, showing that the Form I-130 has either been received by us or approved, then you may file Form I-485. When you file your I-485 application package, you must include a copy of the Form I-130 receipt or approval notice (the Form I-797).”


Has anyone tried this route?
That's all if you are already inside the USA, which you are not, so does not apply to you.

It is illegal to come to the USA as a visitor with the intent to stay and adjust status to permanent resident.

Stick with the Immigrant Visa route.

Rene
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Old Oct 15th 2009, 5:26 am
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Default Re: HELP with filing I-130

http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

All i was asking was some sence on this web page. How can it be illegal if they are saying you can do it on the UCSIS website?
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Old Oct 15th 2009, 5:29 am
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Default Re: HELP with filing I-130

Originally Posted by russyb
http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

All i was asking was some sence on this web page. How can it be illegal if they are saying you can do it on the UCSIS website?
The link reads
Get a Green Card While Inside the United States

One Step Process
Certain people are eligible to apply for a green card (permanent residence) while inside the United States.


You are not inside the United States. That is what makes the difference.


http://www.uscis.gov/files/article/A2.pdf

Attempting to get a visa or enter the U.S. by saying one thing when you intend another may be considered immigration fraud, for which there are severe penalties. Those penalties include restricting a person’s ability to get immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to five years.
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Old Oct 15th 2009, 5:33 am
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Default Re: HELP with filing I-130

Originally Posted by russyb
All i was asking was some sence on this web page. How can it be illegal if they are saying you can do it on the UCSIS website?
It doesn't apply to your situation.

If you aren't going to listen to what people are telling you, there's no point in asking the questions in the first place really.

Sorry if that offends you but that's the truth of it.

You've been advised by several who have been there, done it, and know the current rules on how to immigrate using sponsorship by a spouse. Instead of trying to find loopholes to beat the system and risk performing illegal actions which may bar you from entering the USA for a long time (or for good), why not put your energy into learning more about the legal way to get the job done?

Once you actually accept the inevitible and move on, we'll be happy to assist with questions on your I-130 etc.
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Old Oct 15th 2009, 5:39 am
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Default Re: HELP with filing I-130

Russy,

We have all been through it, are going through it or want to go through it.

When we first found out how long it would take we looked at every possible other way, then we spend LOTS on lawyers all of whom gave us the same answer, nobody is judging, just telling it how it is.

Read some threads on here of what people are going through, like I said you are VERY lucky that you can be together, some of us don't have that option, we just have to sit and wait!

So far this process has ALMOST screwed up my wedding and honeymoon, has screwed up my sisters funeral, my daughters 21st, a house move and its now looking good for screwing up my Christmas.

One day I will walk through customs and know that I am LEGALY with my husband and never have to count the hours that we are apart, or say goodbye at an airport, not knowing when we will see each other again. Yes its hard but I know it will all be worth it in the end. And believe me all the money in the world wont change 'the system.'
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Old Oct 15th 2009, 5:41 am
  #28  
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Default Re: HELP with filing I-130

Originally Posted by russyb
http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

All i was asking was some sence on this web page. How can it be illegal if they are saying you can do it on the UCSIS website?
USCIS isn't saying it's OK to plan ahead to do this. They are saying this avenue is available for certain people who are already inside the USA for some reason.

This doesn't apply to you, since you are now outside the USA, and it's illegal to plan ahead to follow this route.

Rene
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Old Oct 15th 2009, 5:48 am
  #29  
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Default Re: HELP with filing I-130

Originally Posted by russyb
where is the harm in asking a question?
No harm in asking, that's what we're here for. It's just (understandably) hard to hear the answer.

Rene
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Old Oct 15th 2009, 5:56 am
  #30  
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Default Re: HELP with filing I-130

Originally Posted by russyb
How can it be illegal if they are saying you can do it on the UCSIS website?
I've got to tell you... I am really glad that you wrote this... I mean, I truly appreciate it. I'd been having a terribly stressful morning at work, and when I read this - well, forgive me... but I just had to laugh out loud which, I don't mind telling you, turned a few heads! I feel a lot better now - thanks!

Ian
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