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VWP Entry and Adjustment of Status

VWP Entry and Adjustment of Status

Old Jun 9th 2011, 10:47 pm
  #31  
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by Shellytime View Post
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.
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Old Jun 9th 2011, 11:40 pm
  #32  
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by blackg View Post
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.

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Old Jun 9th 2011, 11:57 pm
  #33  
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Default 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??
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Old Jun 10th 2011, 8:13 am
  #34  
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by ian-mstm View Post
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.
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Old Jun 10th 2011, 12:21 pm
  #35  
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by Shellytime View Post
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.
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Old Jun 14th 2011, 12:55 am
  #36  
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Default Re: VWP Entry and Adjustment of Status

Consider the refrigerator closed on that subject

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
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Old Jun 14th 2011, 1:11 am
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by Shellytime View Post
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".

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Old Jun 14th 2011, 1:15 am
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by Shellytime View Post
Consider the refrigerator closed on that subject

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." 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.
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Old Jun 14th 2011, 4:27 pm
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Default 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?
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Old Jun 14th 2011, 5:01 pm
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by Shellytime View Post
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.

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Old Jun 15th 2011, 1:54 am
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Default 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
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Old Jun 15th 2011, 2:32 am
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Default 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?
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Old Jun 15th 2011, 4:48 am
  #43  
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by Shellytime View Post
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
I recommend writing 2 checks. One for the I-130 fee, and one for the I-485 plus biometrics fees.

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Old Jun 15th 2011, 4:49 am
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by Shellytime View Post
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.

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Old Jun 15th 2011, 12:09 pm
  #45  
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Default Re: VWP Entry and Adjustment of Status

Originally Posted by Shellytime View Post
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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