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  • #31
    Coming to the country legally has 2 parts:

    (1) The alien entered legally.

    (2) The alien did not attempt to use a non-immigrant visa with immigrant intent.

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    • #32
      Daryna,

      It depends on whether you have a copy of your visa or a copy of an actual INS admission stamp. If all you have is a copy of your visa your first step should be to file an I-102 to attempt to get a duplicate copy of the I-94 showing you entered legally and you can file an I-130 while you are waiting as well. If you have a copy of an INS admission stamp showing you were admitted into this country then you can file an I-130 & I-485 with your local CIS office.

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      • #33
        i have both. i just don't know how to start and who has to file what

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        • #34
          I'm not sure why you said you did not have documents, but nonetheless, here are the links to the I-130 and the I-485, which should be filed. Instructions are available.

          Your spouse can file the I-130 (Petition for Alien Relative) concurrently with the I-485.


          http://www.ilw.com/immigrants/forms/i-130fillable.pdf

          http://uscis.gov/graphics/formsfee/forms/i-485.htm#fba

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          • #35
            By far this thread is the most entertaining and interesting, if you know what I mean.

            In my case I did not file my I-130, like 7 months after marriage to the USC spouse. I/we were Procrastinators. But again, I was still legal[H1-B], so I was'nt worried.

            Anyways, goodluck to you daryna1027.

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            • #36
              waiting is better because you skip CPR. I wish someone had told me. I rushed to file and got CPR now its taking forever to get conditions removed at TSC. Dam n it I applied to remove conditions in Oct 2003 and its almost going to December 2004.

              I would advice anyone NOT to file ASAP after marriage. Wait like a year then file, unless you have no status and need to work or get something else done.

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              • #37
                well i do need to work... i didn't marry in to money so we both have to work hard to pay bills and i have my son to take care of.

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                • #38
                  And if someone waits longer than 180 days to file AOS (assuming they are not in status) then they would be ineligible for advance parole. Despite the wait associated with I-751s I don't think I'd advocate waiting to file.

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