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-   -   Need help!! (from the beginning...) (https://britishexpats.com/forum/marriage-based-visas-35/need-help-beginning-302172/)

spiralecho May 11th 2005 3:45 am

Need help!! (from the beginning...)
 
I am in the midst of submitting an I-130 for my husband, and I have absolutely no prior experience with this, so I desperately in need of some help. For proof of citizenship, do I need copies of a birth certificate and passport, or will just the passport suffice? If a birth certificate is necessary, does anyone know how to get a copy of mine (mother is opposed to the marriage and won't give it up)? Is the affadavit of support required if he plans to work upon receipt of his work permit?

Also, in regards to timing of paperwork submission, does the I-130 need to be reviewed prior to acceptance of the EAD?

Any help would be greatly appreciated. Thanks so much! :)

Bob May 11th 2005 4:06 am

Re: Need help!! (from the beginning...)
 

Originally Posted by spiralecho
I am in the midst of submitting an I-130 for my husband, and I have absolutely no prior experience with this, so I desperately in need of some help. For proof of citizenship, do I need copies of a birth certificate and passport, or will just the passport suffice? If a birth certificate is necessary, does anyone know how to get a copy of mine (mother is opposed to the marriage and won't give it up)? Is the affadavit of support required if he plans to work upon receipt of his work permit?

Also, in regards to timing of paperwork submission, does the I-130 need to be reviewed prior to acceptance of the EAD?

Any help would be greatly appreciated. Thanks so much! :)

check out www.visajourney.com it has lots of info on the faq's about how it all works out....

Other things to help you out would be where abouts your living, how long been married etc.

Noorah101 May 11th 2005 6:07 am

Re: Need help!! (from the beginning...)
 

Originally Posted by spiralecho
I am in the midst of submitting an I-130 for my husband, and I have absolutely no prior experience with this, so I desperately in need of some help. For proof of citizenship, do I need copies of a birth certificate and passport, or will just the passport suffice? If a birth certificate is necessary, does anyone know how to get a copy of mine (mother is opposed to the marriage and won't give it up)? Is the affadavit of support required if he plans to work upon receipt of his work permit?

Also, in regards to timing of paperwork submission, does the I-130 need to be reviewed prior to acceptance of the EAD?

Any help would be greatly appreciated. Thanks so much! :)

Hi spiralecho,

You really need to read up on the process. You're missing a lot of the key points. Go to the link Bob provided and also research the FAQs at the top of this forum, and www.uscis.gov.

To answer just the questions you posted....

1. A birth certificate is probably much better than a passport. Go to www.google.com and type in "copy of birth certificate in ______" with your state in the blank. That should pull up some links for obtaining your birth certificate, which is usually very easy to do.

2. Once your husband arrives in the USA with his CR-1 visa, he won't need to get an EAD. If he comes in on a K-3 visa, then he will need the EAD. I'm not sure which one you intend to pursue (or both).

3. Yes, the Affidavit of Support is required from the USC, regardless of the alien's plans to work upon arrival.

4. Does the I-130 need to be reviewed prior to acceptance of EAD? Not sure what you mean by this question. The I-130 is just the first step you will take to bring your husband here. If he comes in on a K-3, the EAD portion will come much later, after he's gotten his visa and is here in the USA. If he gets the CR-1 visa, he won't need the EAD at all.

Do some research on all these terms and come back with any questions. :)

Best Wishes,
Rene

spiralecho May 18th 2005 1:23 am

Re: Need help!! (from the beginning...)
 
Thanks so much, Rene! I should have probably been more detailed in my description of my situation. I have already done all the research on USCIS, etc, but I suppose it's a bit more complicated. My husband is already here on an expired visitor's visa. Someone recently told us that he has a one year grace period to file the AOS, so we're trying to put this together as fast as we can. In light of this information, do you have further advice, particularly pertaining to the EAD? We just got married in April, and I don't start working until July (graduating this month) so I know we don't have the money for a lawyer. I need all the help I can get...Thanks and take care,

Liz

Hypertweeky May 18th 2005 1:49 am

Re: Need help!! (from the beginning...)
 

Originally Posted by spiralecho
I am in the midst of submitting an I-130 for my husband, and I have absolutely no prior experience with this, so I desperately in need of some help. For proof of citizenship, do I need copies of a birth certificate and passport, or will just the passport suffice? If a birth certificate is necessary, does anyone know how to get a copy of mine (mother is opposed to the marriage and won't give it up)? Is the affadavit of support required if he plans to work upon receipt of his work permit?

Also, in regards to timing of paperwork submission, does the I-130 need to be reviewed prior to acceptance of the EAD?

Any help would be greatly appreciated. Thanks so much! :)

Passport or birth certificate will do:)
The affidavit of support is a must, you need to fill one out
As for your I-130 question.. I am not sure what you mean by that..
Read the link that was previously posted.. it has tons of valuable information, you can always come back and ask us questions:)
Good luck!
:)

scrubbedexpat099 May 18th 2005 2:00 am

Re: Need help!! (from the beginning...)
 

Originally Posted by spiralecho
Thanks so much, Rene! I should have probably been more detailed in my description of my situation. I have already done all the research on USCIS, etc, but I suppose it's a bit more complicated. My husband is already here on an expired visitor's visa. Someone recently told us that he has a one year grace period to file the AOS, so we're trying to put this together as fast as we can. In light of this information, do you have further advice, particularly pertaining to the EAD? We just got married in April, and I don't start working until July (graduating this month) so I know we don't have the money for a lawyer. I need all the help I can get...Thanks and take care,

Liz

No grace period, he is out of status and deportable (unlikely) but file asap so he is back in status.

Sound like the big issue is going to be a Sponsor, you have no income and no capital? And presumable Mum is out of the question.

Yes you file for EAD at the same time as AoS, seems to be taking a couple of months to come through at the moment. Advance Parole may not be an issue if he has been out of status a long time, or he might not be bothered anyway.

Noorah101 May 18th 2005 5:59 am

Re: Need help!! (from the beginning...)
 

Originally Posted by spiralecho
Thanks so much, Rene! I should have probably been more detailed in my description of my situation. I have already done all the research on USCIS, etc, but I suppose it's a bit more complicated. My husband is already here on an expired visitor's visa. Someone recently told us that he has a one year grace period to file the AOS, so we're trying to put this together as fast as we can. In light of this information, do you have further advice, particularly pertaining to the EAD? We just got married in April, and I don't start working until July (graduating this month) so I know we don't have the money for a lawyer. I need all the help I can get...Thanks and take care,

Liz

Hi Liz,

You'll apply for the EAD (Form I-765) at the same time you file his other documents (I-130 and I-485). Unfortunately, you can't file for the EAD sooner. It seems to take a couple of months or so to get the EAD.

And you'll need to find a joint sponsor since you don't meet the minimum income qualifications.

Best Wishes!
Rene

kwisking May 18th 2005 6:02 pm

Re: Need help!! (from the beginning...)
 
Depends what state or city you are in here in San Diego when I applied for an EAD 3 years ago I got the EAD the next day. I would of got it the same day but the EAD office closes at 3pm and I didn't get out of the main application office till 4. My own fault though since I went to apply the day before all the rates changed that year.

No mater what state you apply for everything at the same time. I-130, I-485, EAD and AP if you want it. If you visit the goverment immigration site you can download all the forms. If you want really good instructions in front of you do a google for info and buy a booklet several companies put these out it cost me about $30 and it helped to have things all in one place.

You'll have to find a doctor to do the medical here I know there was a list somewhere on the internet again doing a search will probably find one.


Originally Posted by Noorah101
Hi Liz,

You'll apply for the EAD (Form I-765) at the same time you file his other documents (I-130 and I-485). Unfortunately, you can't file for the EAD sooner. It seems to take a couple of months or so to get the EAD.

And you'll need to find a joint sponsor since you don't meet the minimum income qualifications.

Best Wishes!
Rene


Noorah101 May 18th 2005 6:12 pm

Re: Need help!! (from the beginning...)
 

Originally Posted by kwisking
Depends what state or city you are in here in San Diego when I applied for an EAD 3 years ago I got the EAD the next day. I would of got it the same day but the EAD office closes at 3pm and I didn't get out of the main application office till 4. My own fault though since I went to apply the day before all the rates changed that year.

Hi kwisking,

All applications now go to a mailing address in Chicago. There are no more walk-in applications, as there was 3 years ago. :(

Rene

USA & Pakistan May 18th 2005 8:10 pm

Re: Need help!! (from the beginning...)
 

Originally Posted by spiralecho
Thanks so much, Rene! I should have probably been more detailed in my description of my situation. I have already done all the research on USCIS, etc, but I suppose it's a bit more complicated. My husband is already here on an expired visitor's visa. Someone recently told us that he has a one year grace period to file the AOS, so we're trying to put this together as fast as we can. In light of this information, do you have further advice, particularly pertaining to the EAD? We just got married in April, and I don't start working until July (graduating this month) so I know we don't have the money for a lawyer. I need all the help I can get...Thanks and take care,

Liz

Try this link... it lists the process out, step by step: http://www.visajourney.com/forums/in...?pg=i130guide2

Good Luck!
:)Marnee


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