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Hi im new and feelin losted!!!

Hi im new and feelin losted!!!

Old May 15th 2014, 6:24 pm
  #16  
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Default Re: Hi im new and feelin losted!!!

I will call Immigration and see what they say !!!
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Old May 15th 2014, 6:27 pm
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Default Re: Hi im new and feelin losted!!!

Originally Posted by Irish rock Chick
So what do we do to adjust my wife's status , do we send these forms in or what !!!!! overwhelmed right now !!!!!
As everyone is saying, the wisest thing to do right now is consult with an immigration attorney who can help you make the right choice going forward, whether that is AOS or return home to do an immigrant visa. You guys are stressed right now, so not in a good frame of mind. Don't panic, you have options.

Rene
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Old May 15th 2014, 6:29 pm
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Default Re: Hi im new and feelin losted!!!

Originally Posted by Irish rock Chick
I will call Immigration and see what they say !!!
Who exactly is "immigration"? Do not call the 800 misinformation line.

If your going to make any phone calls, it should be to an immigration attorney. Shell out the couple hundred for a consultation. It will be worth it in your case.

Rene
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Old May 15th 2014, 6:30 pm
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Default Re: Hi im new and feelin losted!!!

If you’re already married you can apply for a CR1 visa, but you will need to go home. Fortunately, as long as it all goes smoothly, it will only be for 8-10 months - then you’ll be able to move to the US permanently.

Take a look at the CR1 link on the top of the forum.

More experienced members might be able to recommend something else, but from my endless research that looks like your best option - it’s also WAY less risky than just staying and crossing your fingers.

Think of it this way: potentially waiting 8-10 months to be with each other forever isn’t that bad.

Just be ready for a lot of form-filling and government nit-picking.
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Old May 15th 2014, 6:31 pm
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Default Re: Hi im new and feelin losted!!!

Originally Posted by Irish rock Chick
So what do we do to adjust my wife's status , do we send these forms in or what !!!!! overwhelmed right now !!!!!
I'm sure your overwhelmed... but you need to take a deep breath, calm down, and don't let your fears of separation paralyze you!

In a nutshell - Sky has not yet done anything wrong. It is perfectly okay to get married on the VWP. It is also okay to adjust status (= get green card) from the VWP if (key word) she did not intend to stay when she entered the US. If that's the case, then she can stay to adjust status. The problem comes, of course, if the officer at her adjustment interview doesn't believe that she had no intent to stay. He might... or he might not. There is an element of risk involved even if she didn't have the intent. The officer only needs to think she did - and then she'll end up in a world of hurt! That said, the vast majority of people who do try to adjust status from the VWP are successful and have no problems whatsoever.

So, if you're willing to take the risk, then go for it. If you're not willing to take the risk, then Sky should return home before her VWP expires.

So - first decision... what's your risk tolerance for failure? Second decision: if the tolerance is high, you file form I-130, I-864, and G-325A. Simultaneously, Sky files form I-485, I-131, I-765, and G-325A, and the fees, supporting evidence, and so on. Everything gets sent together in one large envelope to the address listed on the I-485 that has jurisdiction over where you live. If the tolerance is low, she returns home and you start the process by filing an I-130.

Stop... breathe... think. You've not done anything wrong yet - and this is all very easily sorted out.


I will call Immigration and see what they say!
No. Do not. That will be a huge mistake! They are allowed to give you incorrect information and if you act on that incorrect information, you will end up in a worse situation than you currently are.

Ian

Last edited by ian-mstm; May 15th 2014 at 6:36 pm.
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Old May 15th 2014, 6:50 pm
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Default Re: Hi im new and feelin losted!!!

Thank you iam-mstm , basically what your saying is just fill the forms in and send them and see what happens !!!! I would hate for Sky to have to go back to Belfast we are not kids im 56 shes 47 time is precious at our ages !! think we will take the chance and follow your advice .. thank you
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Old May 15th 2014, 6:56 pm
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Default Re: Hi im new and feelin losted!!!

Originally Posted by Irish rock Chick
Thank you iam-mstm , basically what your saying is just fill the forms in and send them and see what happens !!!! I would hate for Sky to have to go back to Belfast we are not kids im 56 shes 47 time is precious at our ages !! think we will take the chance and follow your advice .. thank you
He did refer to risk tolerance as well. I'm not sure you've really grasped this.
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Old May 15th 2014, 6:57 pm
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Default Re: Hi im new and feelin losted!!!

Originally Posted by Irish rock Chick
I will call Immigration and see what they say !!!
As per Noorah, above, no. No, no, no, NO!. Just don't. Seriously, no useful information will be learned, and it could lead to untold problems. Legally, they can't be held to ANYTHING they tell you to do/not do.
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Old May 15th 2014, 6:57 pm
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Default Re: Hi im new and feelin losted!!!

Originally Posted by Irish rock Chick
Thank you iam-mstm , basically what your saying is just fill the forms in and send them and see what happens !!!! I would hate for Sky to have to go back to Belfast we are not kids im 56 shes 47 time is precious at our ages !! think we will take the chance and follow your advice .. thank you
That's not what he said at all!

Reread his post, particularly the bit about risk...
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Old May 15th 2014, 7:00 pm
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Default Re: Hi im new and feelin losted!!!

Originally Posted by Sally Redux
He did refer to risk tolerance as well. I'm not sure you've really grasped this.
Agreed. There is a real, though perhaps small, risk that you and your husband end up having to make a choice of either years apart, or your husband having to get a visa to live with you in Belfast.

The "risk free" option is to return to the UK and apply for a CR-1 visa. While it is being processed you can still visit on the VWP, several times if you want. You can also go to "rescue" your dogs, because once you pass the end of the VWP period you are effectively stuck in the US until you have regularized your status in the US, and that is going to take a number of months, or longer.

Last edited by Pulaski; May 15th 2014 at 7:05 pm.
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Old May 15th 2014, 7:04 pm
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Default Re: Hi im new and feelin losted!!!

Originally Posted by Irish rock Chick
Thank you iam-mstm , basically what your saying is just fill the forms in and send them and see what happens !!!! I would hate for Sky to have to go back to Belfast we are not kids im 56 shes 47 time is precious at our ages !! think we will take the chance and follow your advice .. thank you
You two should get separate accounts, this is jumping between "me" in one post and "she" in the next so that everyone is going to get lost! Good luck.
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Old May 15th 2014, 7:04 pm
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Default Re: Hi im new and feelin losted!!!

Originally Posted by Irish rock Chick
... basically what your saying is just fill the forms in and send them and see what happens !
Well, that's not actually what I said... so best not to interpret that which isn't there.


... we are not kids im 56 shes 47 time is precious at our ages !!
My wife and I are 62 and 60 respectively. When we started the immigration journey we were 46 and 44. Time is important... but you're also old enough to appreciate and consider the ramifications of your actions!


... think we will take the chance and follow your advice ..
I gave you information... not advice - there's a difference! If you're willing to take the risk, go ahead and file... otherwise, don't.

Ian

Last edited by ian-mstm; May 15th 2014 at 7:09 pm.
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Old May 15th 2014, 7:09 pm
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Default Re: Hi im new and feelin losted!!!

Originally Posted by ian-mstm
So - first decision... what's your risk tolerance for failure? Second decision: if the tolerance is high, you file form I-130, I-864, and G-325A. Simultaneously, Sky files form I-485, I-131, I-765, and G-325A, and the fees, supporting evidence, and so on. Everything gets sent together in one large envelope to the address listed on the I-485 that has jurisdiction over where you live. If the tolerance is low, she returns home and you start the process by filing an I-130.

Stop... breathe... think. You've not done anything wrong yet - and this is all very easily sorted out.


Ian has listed all the forms you need to file. Go online and get all the forms and read them, and make sure it is something you are comfortable to do. Also make sure you have all the information and documentation needed to complete this forms. When you decide which way to proceed there is plenty of help here to complete the forms and answer questions.

If you decide that Sky will stay here to adjust status one thing hasn't been mentioned, she cannot leave the US until the travel permit (applied for with the I-131 form) has been granted and she has received it. That may or may not effect how you decide to proceed.
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Old May 15th 2014, 7:15 pm
  #29  
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Default Re: Hi im new and feelin losted!!!

OK I GET IT !!! WE DO UNDERSTAND THE RISK WE REALLY DO !!!!! WE BOTH ARE GREATFUL FOR YOUR ADVICE BUT FEEL LIKE SOME OF YOU ARE A BIT HARSH WITH YOUR REPLIES N WORDS TYPED !!!!!!! al we did was fall in love and I asked Sky to marry me we never thought we were doing any thing wrong , we have learnt a lesson big time ,I will call an attorney and do what ever I have to , THANK YOU ALL ONCE AGAIN , ONCE BITTEN TWICE SHY I THINK THE SAYING GOES !!!!!!:uns ure:
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Old May 15th 2014, 7:15 pm
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Default Re: Hi im new and feelin losted!!!

Originally Posted by lansbury
If you decide that Sky will stay here to adjust status one thing hasn't been mentioned, she cannot leave the US until the travel permit (applied for with the I-131 form) has been granted and she has received it.
Good point. If Sky leaves the US without Advance Parole, she will be stuck outside the US and will then have to wait 8-10 months while an immigrant visa is processed. It will take 60-90 days to get A/P after the paperwork is filed.

Ian
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