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-   -   Can anyone offer any advice? (https://britishexpats.com/forum/usa-57/can-anyone-offer-any-advice-111816/)

tiffany101 Sep 25th 2002 8:27 pm

Can anyone offer any advice?
 
Hi everyone,
Im so glad i found this site.
I am a British citizen and i came to the US last year on holiday on a visa waiver, shortly after arriving here i met my husband and we got married just before my 3 month time period had run out, we are filing the forms G-325A and a I-130, one G-325A for myself one for my 3 year old son and one for my husband, my question is ... since i overstayed my visa, do i need additional forms? and as im pregnant with our second child is there anything else i need to take into consideration while filing?
also, on the information sheet it says that i only need my husbands ID my sons full birth certificate and a copy of our marraige certificate, but it doesnt say anything about ID for me, should i send a notorized copy of my passport?
I am soo worried about all this, at the moment i am filling out the forms for the umpteenth time since we got married, (admittedly i have been putting it off due to fear, also) but something is always putting us on hold, waiting for documents from England and whatnot, everytime i fill out the forms there seems to be a reason to have to start again.
Please tell me there is some light at the end of the tunnel.
Any help would be very much apprieciated.
Thanks in advance :)

Folinskyinla Sep 25th 2002 8:35 pm

Re: Can anyone offer any advice?
 

Originally posted by tiffany:
Hi everyone,
Im so glad i found this site.
I am a British citizen and i came to the US last year on holiday on a visa waiver, shortly after arriving here i met my husband and we got married just before my 3 month time period had run out, we are filing the forms G-325A and a I-130, one G-325A for myself one for my 3 year old son and one for my husband, my question is ... since i overstayed my visa, do i need additional forms? and as im pregnant with our second child is there anything else i need to take into consideration while filing?
also, on the information sheet it says that i only need my husbands ID my sons full birth certificate and a copy of our marraige certificate, but it doesnt say anything about ID for me, should i send a notorized copy of my passport?
I am soo worried about all this, at the moment i am filling out the forms for the umpteenth time since we got married, (admittedly i have been putting it off due to fear, also) but something is always putting us on hold, waiting for documents from England and whatnot, everytime i fill out the forms there seems to be a reason to have to start again.
Please tell me there is some light at the end of the tunnel.
Any help would be very much apprieciated.
Thanks in advance :)

Hi:

I'm an immigration lawyer who has been practicing for a long time in Los Angeles.

Your case looks pretty straightfoward assuming no criminal record and no PRIOR overstays since 1 April 97 exceeding 180 days [do NOT add in time since your last entry].

You will need to do TWO "combined processing" I-130/485 with your local INS office [unless you're in Baltimore MD]. You need NOT do an I-130 with the Service Center -- it is to be done with the adjustment at the local district. Do note that your husband will have to do an I-130 [BTW, I'm assuming hubby is a US citizen] for you and a SEPERATE one for your child. It is a strange quirk in the immigratio laws that there is no "acompany or following-to-join" status for children of "immediate relatives" of US citizens].

You will NOT be eligible for "advance parole" -- in fact - any departure before your adjustment is completed will mean a 10-year bar to return.

If you are nervous person, you just might want to hire an experienced immigration attorney for your peace-of-mind, if nothing else.

Good luck.

tiffany101 Sep 25th 2002 8:50 pm

Re: Can anyone offer any advice?
 

Originally posted by Folinskyinla:


Hi:

I'm an immigration lawyer who has been practicing for a long time in Los Angeles.

Your case looks pretty straightfoward assuming no criminal record and no PRIOR overstays since 1 April 97 exceeding 180 days [do NOT add in time since your last entry].

You will need to do TWO "combined processing" I-130/485 with your local INS office [unless you're in Baltimore MD]. You need NOT do an I-130 with the Service Center -- it is to be done with the adjustment at the local district. Do note that your husband will have to do an I-130 [BTW, I'm assuming hubby is a US citizen] for you and a SEPERATE one for your child. It is a strange quirk in the immigratio laws that there is no "acompany or following-to-join" status for children of "immediate relatives" of US citizens].

You will NOT be eligible for "advance parole" -- in fact - any departure before your adjustment is completed will mean a 10-year bar to return.

If you are nervous person, you just might want to hire an experienced immigration attorney for your peace-of-mind, if nothing else.

Good luck.



no criminal record, no prior overstays, not in Baltimore MD
and yes my husband was born here (we're in orange county).

So my husband will need to file two I-130's and two I-485's? (one of each for both me and my son).

Wow you make it sound very straight forward :)

Thankyou very much for your help, it is very much apprieciated.

Folinskyinla Sep 25th 2002 8:52 pm

Re: Can anyone offer any advice?
 

Originally posted by tiffany:




no criminal record, no prior overstays, not in Baltimore MD
and yes my husband was born here (we're in orange county).

So my husband will need to file two I-130's and two I-485's? (one of each for both me and my son).

Wow you make it sound very straight forward :)

Thankyou very much for your help, it is very much apprieciated.

Hi:

WHICH "Orange County" -- there are several of them in the U.S.

tiffany101 Sep 25th 2002 8:55 pm

Re: Can anyone offer any advice?
 

Originally posted by Folinskyinla:


Hi:

WHICH "Orange County" -- there are several of them in the U.S.

LOL, my apologies for showing my nievety there ... im in Orange County, CA about an hour away from LA.

Folinskyinla Sep 25th 2002 9:21 pm

Re: Can anyone offer any advice?
 

Originally posted by tiffany:


LOL, my apologies for showing my nievety there ... im in Orange County, CA about an hour away from LA.

Hi:

I kind of thought that was the case. You are in the Santa Office Sub-office of the Los Angeles District.


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