immigration Q
Oct 22nd 2002, 5:02 pm
#1
Just Joined
Thread Starter
Joined: Oct 2002
Posts: 6
immigration Q
hi everyone,
i am currently on a F1 visa and my parents got DV. They will be here in a couple of weeks. I am more than 21..is there anything i can file for. please do let me know. thanks
-ms
i am currently on a F1 visa and my parents got DV. They will be here in a couple of weeks. I am more than 21..is there anything i can file for. please do let me know. thanks
-ms
Oct 23rd 2002, 6:40 am
#2
Guest
Posts: n/a
Re: immigration Q
Hello I'm living in California at the moment originally from the Caribbean I have a few questions I would like to ask.
I was brought to the U.S.A as a child about 7 years old illegally i guess because it was not my identity I have lived here attended school this has been my home.
I am 21 years of age now and my situation is really gettig to me now I am not able to do anything work wise I have dreams and I am not able to accomplish them.
I call the ins phone line all the time and ask them if I'm qualified under any category they tell me No!! The only way is for me to get married...Well I am planning to get married! I don't want to do it but there's just no other way for me!
I met this guy we have been seeing each other like 2 months short of a year now He will be going for his citizenship interview November 15th and well were planning on getting married after that so my questions are.
1) Can He file I-130 petition/I-485/I765/I-131 all at once?
2)Do I qualify for 245(i) , Do I have to submit the supplemental I-485 $1,000 dollars with the original I-485 package?
3)How long does the "relative" process take?
I would really Appreciate it if someone can help me give me some advise..
I pray to god that he will see me through this stupidity I do not understand why I have to go through all of this but such is life but he really see that I just cannot go through this situation any longer so I know he's going to help me soon I just feel suicidal at times like I don't have a life I just can do what i want and it really hurts but i just hope it will be over soon I'm waiting for your advise!
I was brought to the U.S.A as a child about 7 years old illegally i guess because it was not my identity I have lived here attended school this has been my home.
I am 21 years of age now and my situation is really gettig to me now I am not able to do anything work wise I have dreams and I am not able to accomplish them.
I call the ins phone line all the time and ask them if I'm qualified under any category they tell me No!! The only way is for me to get married...Well I am planning to get married! I don't want to do it but there's just no other way for me!
I met this guy we have been seeing each other like 2 months short of a year now He will be going for his citizenship interview November 15th and well were planning on getting married after that so my questions are.
1) Can He file I-130 petition/I-485/I765/I-131 all at once?
2)Do I qualify for 245(i) , Do I have to submit the supplemental I-485 $1,000 dollars with the original I-485 package?
3)How long does the "relative" process take?
I would really Appreciate it if someone can help me give me some advise..
I pray to god that he will see me through this stupidity I do not understand why I have to go through all of this but such is life but he really see that I just cannot go through this situation any longer so I know he's going to help me soon I just feel suicidal at times like I don't have a life I just can do what i want and it really hurts but i just hope it will be over soon I'm waiting for your advise!
Oct 23rd 2002, 7:02 pm
#3
Guest
Posts: n/a
Re: immigration Q
"blessme" wrote in message
news:452417.1035355225@britishexpats-
.com...
> Hello I'm living in California at the moment originally from the
> Caribbean I have a few questions I would like to ask.
> I was brought to the U.S.A as a child about 7 years old illegally
> i guess because it was not my identity I have lived here attended
> school this has been my home.
> I am 21 years of age now and my situation is really gettig to me now I
> am not able to do anything work wise I have dreams and I am not able
> to accomplish them.
> I call the ins phone line all the time and ask them if I'm qualified
> under any category they tell me No!! The only way is for me to get
> married...Well I am planning to get married! I don't want to do it but
> there's just no other way for me!
> I met this guy we have been seeing each other like 2 months short of
> a year now He will be going for his citizenship interview November
> 15th and well were planning on getting married after that so my
> questions are.
> 1) Can He file I-130 petition/I-485/I765/I-131 all at once?
If your entry to the U.S. had been a legal one, then he could file the
I-130, and *you* could file the I-485/I-765, all at once, at the INS
district office. (You would not file the I-131, because that requests a
travel document, and you are not eligible to leave the U.S. and return,
until you become a permanent resident.) Also, in this case, you would not
have to file the supplemental I-485 or the $1000 referred to below.
A person can be "forgiven" for unlawful status in the U.S. for the purposes
of filing Form I-485, if the I-485 is based on marriage to a U.S. citizen.
The legal provision for this is at 245(c). However, an illegal entry cannot
be forgiven in this way. It can only be forgiven through 245(i).
Because your entry to the U.S. was not legal, you cannot file Form I-485 or
Form I-765, unless you qualify under 245(i). Your spouse can file Form
I-130 by itself at the INS Service Center for your residence, asking for
consular immigrant visa processing. This process would require you to go to
a U.S. consular post in your home country for an interview. However, when
you leave the U.S. you will trigger the 3 or 10 year bar. The days of
unlawful presence started counting toward the bars on your 21st birthday.
If they add up to more than 6 months but less than one year, the bar is 3
years. If they add up to more than one year, the bar is 10 years. There
are waivers available for the 3 and 10 year bar, but they are difficult to
get.
> 2)Do I qualify for 245(i) , Do I have to submit the supplemental I-485
> $1,000 dollars with the original I-485 package?
You only qualify for 245(i) if someone filed an immigrant petition or labor
certification on your behalf before April 1, 2001. If that is the case,
yes, you would file the supplemental I-485 and the $1000.
> 3)How long does the "relative" process take?
It depends on several factors -- perhaps one or two years, or more, or less.
You should keep in mind that after you become a permanent resident based on
marriage, if the marriage was less than two years old on the date you become
a permanent resident, you and your spouse must file another petition about
two years after you got permanent resident status, showing INS that you are
still married (with certain limited exceptions).
> I would really Appreciate it if someone can help me give me
> some advise..
You should see a good immigration attorney to clarify everything. From your
distress it sounds as if you would not marry this person if not for the
immigration benefits. If there are *no* immigration benefits (which seems
likely to me given your story), this marriage may cause more grief for you.
> I pray to god that he will see me through this stupidity I do not
> understand why I have to go through all of this but such is life but
> he really see that I just cannot go through this situation any longer
> so I know he's going to help me soon I just feel suicidal at times
> like I don't have a life I just can do what i want and it really hurts
> but i just hope it will be over soon I'm waiting for your advise!
I am sorry about your situation, because the circumstances were out of your
control. You did not ask your parents to do this.
news:452417.1035355225@britishexpats-
.com...
> Hello I'm living in California at the moment originally from the
> Caribbean I have a few questions I would like to ask.
> I was brought to the U.S.A as a child about 7 years old illegally
> i guess because it was not my identity I have lived here attended
> school this has been my home.
> I am 21 years of age now and my situation is really gettig to me now I
> am not able to do anything work wise I have dreams and I am not able
> to accomplish them.
> I call the ins phone line all the time and ask them if I'm qualified
> under any category they tell me No!! The only way is for me to get
> married...Well I am planning to get married! I don't want to do it but
> there's just no other way for me!
> I met this guy we have been seeing each other like 2 months short of
> a year now He will be going for his citizenship interview November
> 15th and well were planning on getting married after that so my
> questions are.
> 1) Can He file I-130 petition/I-485/I765/I-131 all at once?
If your entry to the U.S. had been a legal one, then he could file the
I-130, and *you* could file the I-485/I-765, all at once, at the INS
district office. (You would not file the I-131, because that requests a
travel document, and you are not eligible to leave the U.S. and return,
until you become a permanent resident.) Also, in this case, you would not
have to file the supplemental I-485 or the $1000 referred to below.
A person can be "forgiven" for unlawful status in the U.S. for the purposes
of filing Form I-485, if the I-485 is based on marriage to a U.S. citizen.
The legal provision for this is at 245(c). However, an illegal entry cannot
be forgiven in this way. It can only be forgiven through 245(i).
Because your entry to the U.S. was not legal, you cannot file Form I-485 or
Form I-765, unless you qualify under 245(i). Your spouse can file Form
I-130 by itself at the INS Service Center for your residence, asking for
consular immigrant visa processing. This process would require you to go to
a U.S. consular post in your home country for an interview. However, when
you leave the U.S. you will trigger the 3 or 10 year bar. The days of
unlawful presence started counting toward the bars on your 21st birthday.
If they add up to more than 6 months but less than one year, the bar is 3
years. If they add up to more than one year, the bar is 10 years. There
are waivers available for the 3 and 10 year bar, but they are difficult to
get.
> 2)Do I qualify for 245(i) , Do I have to submit the supplemental I-485
> $1,000 dollars with the original I-485 package?
You only qualify for 245(i) if someone filed an immigrant petition or labor
certification on your behalf before April 1, 2001. If that is the case,
yes, you would file the supplemental I-485 and the $1000.
> 3)How long does the "relative" process take?
It depends on several factors -- perhaps one or two years, or more, or less.
You should keep in mind that after you become a permanent resident based on
marriage, if the marriage was less than two years old on the date you become
a permanent resident, you and your spouse must file another petition about
two years after you got permanent resident status, showing INS that you are
still married (with certain limited exceptions).
> I would really Appreciate it if someone can help me give me
> some advise..
You should see a good immigration attorney to clarify everything. From your
distress it sounds as if you would not marry this person if not for the
immigration benefits. If there are *no* immigration benefits (which seems
likely to me given your story), this marriage may cause more grief for you.
> I pray to god that he will see me through this stupidity I do not
> understand why I have to go through all of this but such is life but
> he really see that I just cannot go through this situation any longer
> so I know he's going to help me soon I just feel suicidal at times
> like I don't have a life I just can do what i want and it really hurts
> but i just hope it will be over soon I'm waiting for your advise!
I am sorry about your situation, because the circumstances were out of your
control. You did not ask your parents to do this.
Oct 23rd 2002, 10:20 pm
#4
Guest
Posts: n/a
Re: immigration Q
Thank you for your advise!
First of all Jamaica is were i was born But At the time I entered the U.s I was living in the Bahamas.
I am trying to seek an attorney because I would rather stay here and do the process I have been living here lawfully I have never done anything wrong And I have my son here
Second of all I don't have anyone in Jamaica I don't have anywhere to stay if I should go back there! I don't even know the place California is the only place I've known all my life.
I'm just hoping and praying that they will have mercy on me because I haven't done nothing wrong and this is just unfair.
Can you tell me how I go about getting the waiver and what it is really do you know of any website were I can research about it?
First of all Jamaica is were i was born But At the time I entered the U.s I was living in the Bahamas.
I am trying to seek an attorney because I would rather stay here and do the process I have been living here lawfully I have never done anything wrong And I have my son here
Second of all I don't have anyone in Jamaica I don't have anywhere to stay if I should go back there! I don't even know the place California is the only place I've known all my life.
I'm just hoping and praying that they will have mercy on me because I haven't done nothing wrong and this is just unfair.
Can you tell me how I go about getting the waiver and what it is really do you know of any website were I can research about it?
Oct 24th 2002, 5:26 am
#5
Forum Regular
Joined: Oct 2002
Location: Ny
Posts: 160
hi my name is jerome.
i know how you feel,because at one time i feel the same way.but the only differentes that i am married to a usc.it feel like you have 10 millon keys just to open one door.knowing how long it is going to take to open that door,and knowing is it going to be easy after you open the door to make your life better.i am from the same country,and i have been in the usa when,i was 3 years old and now i am 19.the ins system is messed up because why people have to pay for somethiing that they didnt do is what i dont understand. meaning (meaning mothers bring there kids to the us and when the kids grow up they have to pay for somethng that there mothers did),and there are reasons why there mothers bring there kids to to the us because they want there kids to have better lives. as a baby you dont know that you are going to end up in a country illegally.why the ins cant take care of good people that do good things with there life like (no run ins with the law,going to school,high school diploma,geting into college,degree).i want to be a lawyer,go to college,go to law school...the ins should give good people benefits that want to do good in there life.they should make laws that people that under go thiings like this dont have to worry about anything. but they dont unless you marry. please write back maybe we can talkl sometime on the phone, and help eachother.
i know how you feel,because at one time i feel the same way.but the only differentes that i am married to a usc.it feel like you have 10 millon keys just to open one door.knowing how long it is going to take to open that door,and knowing is it going to be easy after you open the door to make your life better.i am from the same country,and i have been in the usa when,i was 3 years old and now i am 19.the ins system is messed up because why people have to pay for somethiing that they didnt do is what i dont understand. meaning (meaning mothers bring there kids to the us and when the kids grow up they have to pay for somethng that there mothers did),and there are reasons why there mothers bring there kids to to the us because they want there kids to have better lives. as a baby you dont know that you are going to end up in a country illegally.why the ins cant take care of good people that do good things with there life like (no run ins with the law,going to school,high school diploma,geting into college,degree).i want to be a lawyer,go to college,go to law school...the ins should give good people benefits that want to do good in there life.they should make laws that people that under go thiings like this dont have to worry about anything. but they dont unless you marry. please write back maybe we can talkl sometime on the phone, and help eachother.
