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Residency through my father, please help!!

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  • Residency through my father, please help!!

    My father applied for my change of status on April 19th 2001. He paid the $1,000 fee for the 245I plus all the other forms we had to pay for. Anyway, I was denied my residency because I turned 21 before they called us in. A week ago, I went to an appointment I had and they once again denied my residency. This time it was because my father (a USC) did not file his taxes since he works in Mexico.

    I got married in October 2002 to a USC. What should I do now? Should I cancel the case through my father? or should I just inform the USCIS that I got married and moved? What should I do? Please I need advice. I feel awful not being able to work. I want to be able to work and go to school without any problem. What should I do? Thank you very much in advance!

    Janeth

  • #2
    My father applied for my change of status on April 19th 2001. He paid the $1,000 fee for the 245I plus all the other forms we had to pay for. Anyway, I was denied my residency because I turned 21 before they called us in. A week ago, I went to an appointment I had and they once again denied my residency. This time it was because my father (a USC) did not file his taxes since he works in Mexico.

    I got married in October 2002 to a USC. What should I do now? Should I cancel the case through my father? or should I just inform the USCIS that I got married and moved? What should I do? Please I need advice. I feel awful not being able to work. I want to be able to work and go to school without any problem. What should I do? Thank you very much in advance!

    Janeth

    Comment


    • #3
      I thought once you got married you no longer qualified under your father's petition anyway. I could be wrong though. Anyways, file for an AOS under your USC husband.

      Comment


      • #4
        If you were applying under 245i, does that mean you entered the US illegally? If so, you may want to check with another lawyer to see if the usual prohibitions against someone who entered w/o inspection adjusting here even if they marry a US citizen. Or, did filing paperwork under 245i change this?

        Comment


        • #5
          As long as an I-130 was filed for you during the extention of the 245i, than you can probably adjust. You just have to convert your dad's I-130 to a first preference because of your husband. A lawyer told me this was possible in a consultation. I don't know how you would go about doing it, though.
          Have a nice day

          Comment


          • #6
            STOP IT PEOPLE!!!!

            IF your father is a USC then your petition is now a third preference petition (you do not have to change anything on the petition CIS will notice that and give you the appropriate category at the interview. If your father is not a USC then that petition is dead BUT if you have an I-485 pending now (you said 2 previous were denied but I am assuming you have a third out there) your husband can file a petition for you and you can go (with that new receipt or approval notice if you get it in time) and ask to SUBSTITUTE your husband's petition for your father's petition (yes, that is allowed). That way you won't have to pay another application fee. You should come prepared for a marriage interview on that day.

            Comment


            • #7
              Yes, my father is a USC and so is my husband.

              I went to my third interview last wednesday but they didn't ask anything about me being married or anything. I was extremely nervous and so I just answered what they asked and didn't think of telling them I was married. Is that going to become a problem? Would that be considered lying to them? Because I could barely answer their questions, that is how nervous I was. Nervous because I was afraid I would be denied my residency (which happened) and I was afraid they would cancel my case or want to deport me or something of the like.

              I still have the I-485 pending. They gave me 86 days to send them my father's IRS papers, but he doesn't want to file them because it would mean he has to pay a penalty of over 8,000 dolars per year (2) because he didn't file and of course now he is late. And that is the only way I can get a fourth interview, if I send in my father's IRS forms. Or is there any other way?

              So if I send a petition through my husband, and it is approved in time. I have to take that petition with me to the interview, correct? Or do I have to go to a branch office and request that they substitute it? I am sorry, I am a little confused

              Comment


              • #8
                You've already had the interview. Your spouse can still file the I-130 but, at this point, you should continue with your father's case. What is the priority date on the I-130 your father filed?

                Comment


                • #9
                  The priority date on the I-130 is December 10, 1997.

                  On this 3rd interview, the only things they requested were my father's income tax returns and 2 pictures of myself because they lost the last ones I submitted.

                  They actually gave me 84 days and it says here on the letter, "if you do not provide the requested documentation within then the alloted time, your application will be closed/abandoned pursuant to 8 CFR 103.2 (b)(13) and, accordingly shall be denied."

                  That is what they are requesting and I dont know what to do. How can I tell them that I am married and get my husband to co-sponsor? or what should I do?

                  Comment


                  • #10
                    Hi Bronzelady, I just wanted to know what I should do in the situation described in the last post. Thanks!

                    Comment

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