Rete

Just a little background info.

US Marriage-based visa forum started on the Usenet back in the start of 1998. BE picked it up as a usenet feed. When the Usenet went from Usenet to Deja to Google, the posters were so varied and from all over the world that I don't think there were many countries where representation didn't come from. Unfortunately, with the change over to Google the forums were overrun with spam and nastiness and BE decided to separate and run the marriage-based visa on its own. Hence why we see mostly Brits here and now lack posters from the world over.

Anyone and Everyone is welcome to participate in the visa forum.

Rete

Which was evident from the very beginning. You need to complete the I-864. It is not an extremely difficult form to complete; what is difficult is knowing what income and assets can be used.

Be sure that when you have your conference with the attorney you ask about your ability to adjust status while remaining in the US after your marriage. Be very honest with them about what transpired before, during and after your walk through the POE.

johanvg

Adjusting status while staying in the US after marriage is not an option. I will have about 2000 euro in cash and another 2500 euro in credit left after this month and will have to leave the US on June 27 after the 90 days since my VWP entry end. I still have 1180 euro a month in loan installments to pay off in Belgium and will have to get another job there - any job - to be able to meet that requirement and earn a little extra for my first month or two when I will return here as well as the one or two times I will be flying over to see my wife (I simply refuse to not see her for 8 months).

We will marry, file the I-130, I-864 and DS-230 (we will go the consular processing route) and will take it from there. All we basically need to know at this point is how exactly to put her SSDI and my house on the I-864. The lawyers we spoke to all want money (from $200 to $350 an hour or $2500 for the whole package) before they're willing to give an answer. We'll be having a phone consultation with a big law firm in Tampa (the $350 an hour one) who says they have a lawyer specialized in family-based immigration (a certain Christian Zeller of Maney & Gordon) next Monday. They mentioned that we should make use of them throughout the whole process because of the "high rate of decline". Some FUD right there.

Any I-864 specialists here who can help us out with that one?

jeffreyhy

j,

You have lumped them together, so for whatever difference it may make recogize that the I-130 comes first, the DS-230 and I-864 will come several months later and you can put them off for a bit if it will help your situation at that time.

Regards, JEff

Noorah101

johan,

I am sending you a PM regarding this.

Rene

Noorah101

When you go the Immigrant Visa route, the only thing you file now is the I-130, G-325A, and any backup documents the I-130 asks for. The I-864 and DS-230 come at later stages.

Her SSDI income goes under the "income" portion of the I-864. Your house goes under the "assets" portion of the I-864.

Regarding what you said about going back home after your 90 days is up...did I read that correctly? By the time you go back to Belgium, you will have overstayed your VWP? Make sure you don't overstay enough to incur a ban from returning to the USA (because then you'll need a waiver, even for the Immigrant Visa). Also be aware that if you overstay even 1 day of the VWP, you can no longer travel on the VWP, and it will likely be difficult for you to get a B1/B2 tourist visa in your situation.

Rene

meauxna

I think I missed something..

If you are going to apply for a visa, you really should not overstay this entry. Especially if you plan on flying back over as a visitor!

johanvg

I am allowed to stay 90 days on the Visa Waiver Program, right? I arrived here on April 1 and my 90 days will end on June 27, which is when I will be leaving.

meauxna

Yes (your dates are actually a little shy of 90 days which is a good idea). I use a date calculator online to double check myself.

I think it is just the way you worded that post, and we were unclear on whether or not you wanted to stay to adjust status or return home for a visa.

Back to the inlaws thing, you should find out about dual nationality andhow your home country feels about it. One way to alleviate ANY of your sponsors of responsibility is by you naturalizing. You can do this earlier than normal when you are married to a US citizen.

Oh, and I wanted to also reassure you that you are welcome here on our glorious boards even if you do not have the Queen's heritage. Like Rete explained, you'll find most of the old timers here came via the Usenet group and we aren't Brits. I did marry one, but he's all American now.

johanvg

Ah. I believe I simply opened the date dialogue window in Windows and counted them manually. Same thing.

Yeah. Not being a native English speaker I tend to do that sometimes. Sorry about that.

I looked into it today. Belgium has had a multiple nationality system since May 2007. I can naturalize here without losing my Belgian nationality so in effect I will have dual US/Belgian citizenship. How fast can one naturalize when you are married to a US citizen? Can the process be started only after finalizing the immigrant visa process or even before that?

Well, I think it's great that there are a lot of old timers here who are obviously very knowledgeable. Christine and I wouldn't have known what to do without you so two thumbs up for all your insightful replies.

Rete

You are correct. Your time clock starts the day you are approved for permanent residency. Conditional or otherwise. Once the clock starts you will be eligible to apply three years less 90 days from that date.

johanvg

So in other words I will be able to file for naturalization shortly before I am to receive my first 10 year non-conditional green card? How long does the naturalization process take?

Rete

At the moment, naturalization takes less than a year from date of filing the application. What it will be like in another 3 plus years is anyone's guesstimate.

meauxna

Usually shortly *after* you receive the ten year card.

PS: I'm surprised to read you are a non-native English speaker; your written English is perfect. My written foreign languages.. ew (I make up for it in spoken with lots of hand gestures!).

jeffreyhy

jvg,

Since you've opted for an immigrant visa you will be able to apply for naturalizaton 3 years after you enter the USA using that visa.

You will apply for removal of conditions 2 years, less up to 90 days, after you enter using the immigrant visa. Removal of conditions often takes less than a year these days, to you will probably be applying for naturalization shortly after you have received you 10-year green card.

Regards, JEff