meauxna

I wouldn't try and convict yourself just yet.
Someone said you should look into your past charges and the fact of your VWP entry in a private, legal consultation.

Don't just accept as fact what you say above.

Elvira

(1) Mr. Folinsky prefers not to have questions addressed to him personally (because it *could* be seen to create a lawyer-client relationship). He is *a* lawyer,but he is not *your* lawyer.

(2) IMHO I think you can still become a LPR (but IANAL)

(3) Whatever you do, DO NOT LEAVE THE US UNTIL YOU HAVE OBTAINED PERMANENT RESIDENCY - YOU WOULD INCUR A 10-YEAR BAN FROM RETURNING.

Also, I think this might be a good time to stop talking about your case in forums - discuss what happened and the way forward with your lawyer, once you have found one. (Again: check the AILA website for qualified immigration attorneys in your area.)

BraydensMummy

Ok...well I guess thats it then.

I have found two immigration lawyers who I will be calling in the morning.

Trixie_b

Sort of disagree... When I had my medical, the proof of immunisations meant I didn't have to get blood tested for antibodies for those ones (I still had to be tested for some), and still had to wait for my TB test to go one way or another.

So, If I'd had proof of all the immunisations required I would only have had to wait for the TB test - 3 days, rather than the week for the blood test results to come back, so it WOULD have quickened up the medical for me.

I think that if your doctor is happy to re-immunise regardless of your existing immunity (which isn't good practice) then you'd just have the jabs without the wait for blood results.

Rete

Think of the green card as a credit card. Your credit doesn't expire when the card does. The credit card company normally sends you a new card for the same credit line when the old one is about to expire.

In this case the residency status does not expire but the card itself does. Only difference is that USCIS won't send a new card automatically; you have to request it.

Rete

But you can have the blood tests done by any GP long before you have your medical with a panel doctor. Also the panel doctor goes by your age and country of birth and where you lived growing up to determine if you would have had those vaccinations so a chart is not always necessary. Also the TB test or xray is mandatory so you can't get away from that. If you have the xray there should not be a three day waiting period.

I disagree with your last assumption that your doctor is happy to re-immunize you. It is not your doctor you are dealing with but the panel/USCIS appointed doctor. And you have the power to say yes or no.

Rete

[quote=Elvira;5815539Also, I think this might be a good time to stop talking about your case in forums - discuss what happened and the way forward with your lawyer, once you have found one. (Again: check the AILA website for qualified immigration attorneys in your area.)[/quote]


Why this advice?

Elvira

Why not?

Rete

No, answer the question. Why should she not write about her story? That is what the forum is for. Her story is not rare in today's world of electronic communication. So why do you think she should stop talking about herself?

Elvira

Because I fear that if she were to reveal more details of her personal situation, it could get to the point where she could be identified.

It has been said that USCIS monitor these websites. I have no idea whether this is true or not - but why risk it?

Rete

And what is the risk? Even if she is identified, she would not be placed on the first plane out in the morning. The only thing she is being foolish about is waiting for the wedding. Unless they are planning a big to-do just hop on down to city hall and get it done. Any neighbor or jealous friend could turn her in for being here out of status. At least if married, even without having filed the paperwork, she would go before a judge and file the papers there for her residency.

BraydensMummy

I'm being 'foolish'? We are BROKE. Can not afford to get married (even at the courthouse) until the taxes come. They will be here in 1 1/2 to 2 weeks. We're getting married at the court house, no big wedding here.

Trixie_b

When I spoke to the USCIS approved doctor that I CHOSE from the list (My doctor? maybe not, although I did choose him to attend to me for my USCIS medical and referring to a doctor who has treated you as "your doctor" is a common turn of phrase) he informed me that some of the vaccinations on the list had to be proven (either via a vaccination record, or via a blood test) but a couple of them were down to his discretion to say if he thought I'd have received them during normal practice from the country or countries where I'd resided previously.

I didn't know this information prior to attending my medical with him, so IF i'd had a full immunisation record, it would have made my USCIS medical quicker I would have only had to wait for my TB test reactor and the simple blood test for STD's which came back quicker than my one for Rubella.

ian-mstm

I know you've had a lot to digest in the last day or so, but you need to know that your USC husband must demonstrate that he is able to support you financially. The 2008 guideline shows $25,812 - this is the minimum income for a family of 4 (you, him, your child, and kidlet on the way). I don't want to sound cruel, but you indicated in your first post that your ex never had the money to file the paperwork for you. You seem not to have a good track record with finances (or men and finances). If you need to wait until he gets his tax refund before you can get married (which, when I got married, cost $25 for the license), how realistic are your long-term plans (including a trip back to Oz to see family)?

Ian

Elvira

I understand. But you need to understand that, in the choices you have made, you have pursued a high-risk strategy. The fact is, if - God forbid - your relationship were to break up before you have adjusted status, you might have to leave the country and leave the children behind (if the father does not consent to you taking them, or you are successful in getting a court order).

Now, I do not want to scare you. I am sure you have a good relationship with your husband-to-be, and the above is unlikely to happen. But you must understand that adjusting your status to PR must be your ABSOLUTE priority. It is more important than anything else you might be spending your money on - even things that you might consider necessities.

Also, apart from finding the money to get married, get legal advice and file the AOS papers, your husband will need to demonstrate that he can support you and the children. Check the instructions for the Affidavit of Support (I-864) for details. It looks like you may need to find a joint sponsor.

Good luck.