British Expats

British Expats (https://britishexpats.com/forum/)
-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   VWP Entry and Adjustment of Status (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/vwp-entry-adjustment-status-692675/)

blackg Jun 9th 2011 11:47 pm

Re: VWP Entry and Adjustment of Status
 

Originally Posted by Shellytime (Post 9421992)
Would I enter my children (hubby's step children) for number 17 on the I-130?

"List husband/wife and all children of your relative"

As it says Allien relatives, which means beneficiary own children, not the petitioner biological children in other words put your step children names, date of birth and the country. Putting thier names there does not mean that they will be immigrating to the US based on this single I-130 form.

ian-mstm Jun 10th 2011 12:40 am

Re: VWP Entry and Adjustment of Status
 

Originally Posted by blackg (Post 9422984)
As it says Allien relatives, which means beneficiary own children, not the petitioner biological children in other words put your step children names...

Umm... they are not her stepchildren, and she is not the alien... or the beneficiary.

Ian

Shellytime Jun 10th 2011 12:57 am

Re: VWP Entry and Adjustment of Status
 
Currently I just have my name listed as his wife, as there is no biological connection between him and my children... is that sufficient??

blackg Jun 10th 2011 9:13 am

Re: VWP Entry and Adjustment of Status
 

Originally Posted by ian-mstm (Post 9423070)
Umm... they are not her stepchildren, and she is not the alien... or the beneficiary.

Ian

Thought the OP husband "beneficiary" have children from previous relationship. In this case the OP just need to put her name "SPOUSE" and no need to include her children.

Regards.

S Folinsky Jun 10th 2011 1:21 pm

Re: VWP Entry and Adjustment of Status
 

Originally Posted by Shellytime (Post 9423088)
Currently I just have my name listed as his wife, as there is no biological connection between him and my children... is that sufficient??

General comment: the question about spouse and children are there for informational purposes only -- it identifies either "following to join" relatives or possible future beneficiaries of the person to immigrate off the I-130.

It pays to remember that the I-130 is a GENERIC relative visa petition.

To be pedantic, the definition of "child" in the Immigration & Nationality Act is not limited to biological children. In fact, some biological children are not within the definition of "child" for immigration purposes. Step-children are within the immigration definition of "child."

The immigration definition of "child" is not congruent with the common definition of child. OP is perfectly reasonable in not putting her own children in that question despite the fact that they do fit within the immigration definition of "child" of her spouse.

So, in the words of the late, great Chick Hearn: "No harm, no foul." We may close the refrigerator door on this one.

Shellytime Jun 14th 2011 1:55 am

Re: VWP Entry and Adjustment of Status
 
Consider the refrigerator closed on that subject :thumbup:

Next question: Between the I-130, I-131, I-485 and I-864 there are 3 of the 4 that require passport photos, and although I am assuming that one set of 2 photos of each of us is required, but I just want to be sure.

And one more question: Hubby does not have an I-94 with the new electronic registration, but his I-94 information is requested on multiple forms... what to do?

I know I ask a lot of questions -- sorry :( But it sure is nice to have some great folks that know what their talking about.

Michellica

Noorah101 Jun 14th 2011 2:11 am

Re: VWP Entry and Adjustment of Status
 

Originally Posted by Shellytime (Post 9430843)
Next question: Between the I-130, I-131, I-485 and I-864 there are 3 of the 4 that require passport photos, and although I am assuming that one set of 2 photos of each of us is required, but I just want to be sure.

Treat each application as a separate application. Provide as many photos as that application requires, then move on to the next application.


And one more question: Hubby does not have an I-94 with the new electronic registration, but his I-94 information is requested on multiple forms... what to do?
"none".

Rene

S Folinsky Jun 14th 2011 2:15 am

Re: VWP Entry and Adjustment of Status
 

Originally Posted by Shellytime (Post 9430843)
Consider the refrigerator closed on that subject :thumbup:

Next question: Between the I-130, I-131, I-485 and I-864 there are 3 of the 4 that require passport photos, and although I am assuming that one set of 2 photos of each of us is required, but I just want to be sure.

And one more question: Hubby does not have an I-94 with the new electronic registration, but his I-94 information is requested on multiple forms... what to do?

I know I ask a lot of questions -- sorry :( But it sure is nice to have some great folks that know what their talking about.

Michellica

It sounds like that the "Jello is still jiggling and butter is still soft." :D However, the I-485 has long been used for people who do not have I-94's and the answer is "none."

"The trouble is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free." Paul Simon.

Shellytime Jun 14th 2011 5:27 pm

Re: VWP Entry and Adjustment of Status
 
On the I-485 instructions it asks for a copy of my marriage certificate - would a photo copy be sufficient?

Noorah101 Jun 14th 2011 6:01 pm

Re: VWP Entry and Adjustment of Status
 

Originally Posted by Shellytime (Post 9432285)
On the I-485 instructions it asks for a copy of my marriage certificate - would a photo copy be sufficient?

Yes. Bring the original to your AOS interview.

Rene

Shellytime Jun 15th 2011 2:54 am

Re: VWP Entry and Adjustment of Status
 
In the I-485 instructions it says the following:

The filing fee for Form I-485 is $985

An additional biometrics fee of $85 is required when filing your form I-485... can these fees be paid along with the $420 for the I-130 in one check, or must they be three (or two) separate checks?

Starting to stress a bit as I intend to send these out tomorrow :unsure:

Shellytime Jun 15th 2011 3:32 am

Re: VWP Entry and Adjustment of Status
 
And is the I-131 absolutely necessary? This is the most confusing form that I have seen so far and I don't know how to answer all of the questions. If hubby is approved for the AOS, he will be able to leave and reenter the country on a green card without having the I-131 correct?

Noorah101 Jun 15th 2011 5:48 am

Re: VWP Entry and Adjustment of Status
 

Originally Posted by Shellytime (Post 9433349)
In the I-485 instructions it says the following:

The filing fee for Form I-485 is $985

An additional biometrics fee of $85 is required when filing your form I-485... can these fees be paid along with the $420 for the I-130 in one check, or must they be three (or two) separate checks?

Starting to stress a bit as I intend to send these out tomorrow :unsure:

I recommend writing 2 checks. One for the I-130 fee, and one for the I-485 plus biometrics fees.

Rene

Noorah101 Jun 15th 2011 5:49 am

Re: VWP Entry and Adjustment of Status
 

Originally Posted by Shellytime (Post 9433389)
And is the I-131 absolutely necessary? This is the most confusing form that I have seen so far and I don't know how to answer all of the questions. If hubby is approved for the AOS, he will be able to leave and reenter the country on a green card without having the I-131 correct?

The I-131 for AP is not required, it's just nice to have in case he needs to leave the USA before his AOS is approved. If he leaves the USA without AP before AOS is approved, he will abandon the AOS process completely. But yes, you are correct, once AOS is approved and he has his green card, he can travel without the AP.

Rene

ian-mstm Jun 15th 2011 1:09 pm

Re: VWP Entry and Adjustment of Status
 

Originally Posted by Shellytime (Post 9433389)
And is the I-131 absolutely necessary?

No, but it's included in the cost so it's free! You won't believe the number of people who don't file an I-131 and then have an emergency back home. They don't yet have a GC and leaving the US will cause them to abandon their adjustment. Most go back home, but then are stuck outside the US for a further 8-10 months while the USC spouse starts the process for an immigrant visa. All around, not a good situation to be in.

Ian


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