Fil-Am

Hi,

Please have time to read my story. I'll try to summarize it as much as
possible.
Here it goes, I wen't to US on Dec. 22,2001 with a B2 visa to visit my
sister and got I-94 valid until June 21,2002. I met a guy online on
March 2002. We gone out, spent time together for 5 months and fell in
love with each other.

A month before my I-94 got expired, I applied for an extension which
was approved until October 25,2002. I was suppose to complete the
requirements to get a student visa but suddenly realized that it's too
expensive so I just decided to go back in my country but the guy I met
online doesn't want me to go. He said, he would marry me so I don't
need to go, which he did. We got married October 21,2002, a few days
before my I-94 got expired.

We filed I-130 and I-485 concurrently on January 14,2003 at Nebraska
office but they sent us back the I-485 with a note that it should only
be filed when I-130 has been approved.

Can anyone tell me if I was lawfully present there after the I-130 has
been filed without I-485.

My husband got laid off from his job and we had financial problems and
found out also that I was 3 months pregnant in March 2003. I decided
to give birth in my country so I went back there on June 5,2003. I
never thought that it will take long to get a k3 visa. I feel bad that
my husband needs to wait so long.

I already got our son registered as a US citizen at the US Embassy
last month and got his US passport too.

I had my interview last week at the US Embassy for K3 visa and the
consul told me to apply for a waiver. I am ineligible to get a visa
under Section 212(a)(9)(B)(i)(I)-unlawfully present in the US for
181-364 days and voluntarily departed. (3 year bar).

Someone please tell me if this thing really applies to me. I'm in a 3
year bar. I haven't seen my husband for almost a year now and he
haven't even seen his son either. =(

I don't think the consul who interviewed me knows that I-130 was filed
on January 14,2003. She didn't ask me though.

My questions are, was I lawfully present in the US after I-130 was
filed even without I-485? and if yes, does it mean that the 3 year bar
doesn't apply to me and I would not need any waiver at all??

My I-94 expired on October 25,2002 and the I-130 was filed January
14,2003. That would be less than 181 days of unlawful presence, if my
stay in the US after filing I-130 would be found to be lawful
presence.

By the way, my husband has started working in July 2003 and still in
the same company up to now and has been sending me money since then. I
don't think there will be any problem with affidavit of support.

I appreciate any help. Thank you very much!!!

Mrtravelkay

fil-am wrote:

    > Hi,
    >
    > Please have time to read my story. I'll try to summarize it as much as
    > possible.
    > Here it goes, I wen't to US on Dec. 22,2001 with a B2 visa to visit my
    > sister and got I-94 valid until June 21,2002. I met a guy online on
    > March 2002. We gone out, spent time together for 5 months and fell in
    > love with each other.
    >
    > A month before my I-94 got expired, I applied for an extension which
    > was approved until October 25,2002. I was suppose to complete the
    > requirements to get a student visa but suddenly realized that it's too
    > expensive so I just decided to go back in my country but the guy I met
    > online doesn't want me to go. He said, he would marry me so I don't
    > need to go, which he did. We got married October 21,2002, a few days
    > before my I-94 got expired.
    >
    > We filed I-130 and I-485 concurrently on January 14,2003 at Nebraska
    > office but they sent us back the I-485 with a note that it should only
    > be filed when I-130 has been approved.
    >
    > Can anyone tell me if I was lawfully present there after the I-130 has
    > been filed without I-485.

I-130 / I-485 are often filed at the same time, so this sounds odd to
me. Is the guy a US citizen, or a permanent resident? In any case,
I-130 does give you the lawful presence, filing I-485 would. However
leaving the something was something you should have obtained legal
advice about if you intended to return to the US. Seek legal counsel.

Fil-Am

mrtravelkay <[email protected]> wrote in message news:<[email protected]. com>...
    > fil-am wrote:
    >
    > > Hi,
    > >
    > > Please have time to read my story. I'll try to summarize it as much as
    > > possible.
    > > Here it goes, I wen't to US on Dec. 22,2001 with a B2 visa to visit my
    > > sister and got I-94 valid until June 21,2002. I met a guy online on
    > > March 2002. We gone out, spent time together for 5 months and fell in
    > > love with each other.
    > >
    > > A month before my I-94 got expired, I applied for an extension which
    > > was approved until October 25,2002. I was suppose to complete the
    > > requirements to get a student visa but suddenly realized that it's too
    > > expensive so I just decided to go back in my country but the guy I met
    > > online doesn't want me to go. He said, he would marry me so I don't
    > > need to go, which he did. We got married October 21,2002, a few days
    > > before my I-94 got expired.
    > >
    > > We filed I-130 and I-485 concurrently on January 14,2003 at Nebraska
    > > office but they sent us back the I-485 with a note that it should only
    > > be filed when I-130 has been approved.
    > >
    > > Can anyone tell me if I was lawfully present there after the I-130 has
    > > been filed without I-485.
    >
    > I-130 / I-485 are often filed at the same time, so this sounds odd to
    > me. Is the guy a US citizen, or a permanent resident? In any case,
    > I-130 does give you the lawful presence, filing I-485 would. However
    > leaving the something was something you should have obtained legal
    > advice about if you intended to return to the US. Seek legal counsel.

The guy is a US citizen. Thanks for the info you post!! I appreciate it!!