talisker

Hi my name is Zoe i'm from the UK, i' in the USA on a visa waiver, my get out of town date is Nov 7th. My boyfriend of 16 months propsed to me on Friday 4th, got the license same day, getting married Oct 21st. I know we're not doing things the correct way but the last 16 months have been very expensive and heart wrenching, he wanted us to start living a normal life.

I have downloaded I-130
I-485
I-864
I-765
G-325A
I-131

Question:
1) Can I use the downloads or do I need INS paper?
2) Do I file them all together, or is there a procedure?


Also my boyfiend has 2 years probation to go for DUI offenses, is this gonna be a problem.

I'm in Daytona Beach, Florida (I know different states have differnt procedures)

ANY info would be much appreciated.

rogerpenycate

Hi,
I'm not sure if it was 100% legal but we married in Maryland last year on a visa waiver, full white wedding, the lot.
We then moved to the UK and after a while decided that my wife couldn't settle in England and so we began the I-130 process.
We were permitted to do this as she was a legal resident of the UK.
The fact that we married on a visa waiver never "came into play" although I have seen some postings on here advising against it.
However we were approved and I'm now in Virginia with green card, SSN and learners driving license !!!

Good luck

talisker

This is my first chatroom I hope I'm doing the reply correct!

Thanks for your input. Did you stay in the UK all the time your I-130 was being approved?

And wots the deal with Fulham GUNNERS!!

Patrick

Hi,

You can marry on a visa waiver as long as you are not going to stay once you are married, like Roger who left after the wedding.

You can use the downloaded files from the website thats not a problem.

The procedure is this (when you are married)

Your hubby files an I-130 (with yours and his G-325A and the documents), this is the petition. It veries that he can bring you into the USA. That has to be approved before anything happens for you.

While you are waiting you can file the OF-230, this is your visa application and filing this will open a provisional file. You can also collect all the relevant documents for your I-169. Sending in the I-169 trigers the interview (once you have your I-130 approval).

If its you thats going to the US your future hubbies DUI has no effect really on the process, they care more about your criminal record!

Good Luck

Patrick

Rete

Hi Zoe

You obviously didn't enter the US fraudulently as it took 16 months before you married. So go ahead with the wedding and file everything at one time with the local INS office in Florida governing where you are living. FWIW, the USC can have a rap sheet a foot long and it makes no difference whatsoever to the INS. The only one they are concerned about is you.

As for the downloadable forms, yes you can use them. Be sure that each of you have a set of four on the bio forms (G-325A) and that each sheet contains an original signature.

Submit only copies of supporting documentation with your applications and save the originals for the AOS interview in the future. If you can file in person, so much better. If not, be sure to mail it to them via a receipt generated method so you have proof that it was received.

Suggest you visit: http://k1.exit.com/ and click into the "Tourist Adjustment" section. This will give you the ins and outs of the procedures. Be aware, however, that the fees quoted there are incorrect and don't forget to include the $50 for the fingerprinting for the FBI/CIA clearance.

Good Luck

Rete

Rete

Another very important thing to note:

DO NOT APPLY FOR OR USE I-131 FOR ADVANCE PAROLE.

Unless you were here on a formal tourist visa and you had that visa extended to cover your 16 month stay in the US, then you are way the hell out of status by at least 13 months and are subject to a ban of 10 years if you should inadvertently be issued the advance parole and use it.

Rete

talisker

I think I've been misunderstood. I'm not out of status. I've been back and forth always within status for the last 16months. My visa waiver is good till Nov 7th. Should I still not file for an AP? (I'm an only child and my Mum is a widow in the UK, I'd like to visit during thid process)

rogerpenycate

Hi,
We married last September and moved to England a couple of days later.
We filed the I-130 at the end of March, and Ida, my wife moved back here in May to "set up domicile" etc
having got my visa I arrived hera at the end of August (to find a lot of shelves that needed putting up !!)

Prediction: Fulham 2 Arsenal 1 ;o)

Rete

Sorry but I read your post to mean you have been present in the US for 16 months.

If you have never been out of status for more than 179 days then you can use the A/P.

I imagine it is costly with no working and airfare for the last 16 months. At least now you can work, if you chose when you get EAD, and you can use your frequent flyer's points to visit Mum.

Good Luck
Rete

MrZ

Dear Zoe,
I think you need too see a US immigration Lawyer asap.
hope info below helps.
I dont know where in USA you are but contact these people & they will give you details of free immigration Lawyers in your area.

LIST OF FREE LEGAL SERVICES PROVIDERS



The following organizations and attorneys provide free legal services and/or referrals for such services to indigent individuals in immigration removal proceedings, pursuant to 8 CFR §3.61. Some of these organizations may also charge a nominal fee for legal services to certain low income individuals.



Miami, Florida AMERICAN FRIENDS SERVICE COMMITTEE

1205 Sunset Drive
South Miami, Florida 33143
(305) 665-0022; 800-765-8875

Spanish Spoken
Will only take Guatemalan and Salvadoran cases
Will not represent detained aliens
Will take Asylum cases

CATHOLIC CHARITIES OF ST. PETERSBURG, FL
6533 Ninth Ave North., Ste 1-E
St. Petersburg, Florida 33710
(727) 893-1311ext.208

Spanish, Creole, Bosnian, Vietnamese, Albanian, Russian, Croatian, Serbian, and French spoken
Will not represent detained aliens
May charge a nominal fee

CHURCH WORLD SERVICE
5040 NW 7th Street, Ste 920
Miami, FL 33125
(305) 774-6770

FARM WORKER'S SELF-HELP, INC.

37240 Lock Street
Dade City, Florida 33523
(352) 567-1432

Spanish Spoken
Will, on some occasions, accept collect calls
Will not take Asylum cases

FLORIDA IMMIGRANT ADVOCACY CENTER, INC. (FIAC)
3000 Biscayne Blvd., Suite 400
Miami, Florida 33137
(305) 573-1106

Spanish, Creole, and French Spoken
Will take Asylum cases

FLORIDA IMMIGRANT ADVOCACY CENTER, INC.
1402 New Market Rd. West, Suite B
Immokalee, Florida 34142
(941) 657-7442

Cases with meritorious defenses
Priority will be given to Manatee County
Detention and residents of SW Florida
ONLY Spanish and Creole Spoken

IMMIGRANTS RIGHTS CENTER
1468 S. Semoran Blvd.
Orlando, Florida 32807
(407) 382-4944

Spanish Spoken
Will take Asylum cases
May charge a nominal fee

LUTHERAN SERVICES FLORIDA
4343 W. Flagler St., Suite 200
Miami, Florida 33134
(305) 567-2511
(305) 567-2944, Fax

Creole and Spanish Spoken
May represent aliens in detention but only within Dade County, including Krome Processing Center
Will take Asylum cases

SIMON TSANG, ESQ.
3837 Northdale Blvd., Suite 302
Tampa, Florida 33624
(813) 265-8152; (727) 547-6097

Will take Asylum cases




All times are ET

nathan barley

Couple of extra notes; if youre still in the US with your citizen husband, and you file with the INS at Florida, then you should not leave the country (except via advanced parole), as that will abandon your application. Once you file with INS, even if your visa waiver expires, you are 'legal' to stay, as you are a pending immigrant applicant. Just be prepared for a long wait, but at least you will be together for the wait.

You can use normal printer paper, just make sure everything is clear, filled in and signed. Also, just photocopies are fine for documents, though you will have to show the originals at the status adjustment interview in a years time, or however long it takes.