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Immigration by marriage - some questions

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  • Jake01
    replied
    Hi littlesthobo, I also entered on a VWP and overstayed, file the 130, 485, 765, 864, and the G325's but DO NOT bother with the I-131 advance parole, due to the overstay, do not even think about leaving the US until you have your Greencard in your hand,

    Hope this helps and good luck.

    Leave a comment:


  • mike_2007
    replied
    hey rough neighbor no dont worry about it we all do ,no one knows it all , but at the end good for her bcoz her husband wont have to leave the country, take care

    Leave a comment:


  • Rough Neighbor
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mike_2007:
    but anyway who care about 245I or not, her concern was if he can adjust and the answer is yes and he doesn't have to leave the country ,and this is the major thing </div></BLOCKQUOTE>

    Right, Mike. I officially and publicly recant what I said. I recklessly mixed up things on that one. Growing and learning by the way.

    Leave a comment:


  • aneri
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mike_2007:
    245I is not only is someone petitioned for him before 2001, if someone petition for him and if he entered before 2001 , thats why he will be able to adjust not based on the mariage to a u.s citizen only, bcoz without the 245I they will force him to leave the country and process from his home country, your right ON all u said but he will be adjusting under 245I </div></BLOCKQUOTE>
    One needs to be in the USA and had petition filed on his/her behlf before 2001, to use 245i. It does not sound that husband-to-be was petitioned 7+ year ago, so he is not eligible for 245i.
    I think it is important to clear this out (more comments are welcome) since if he puts on I-485 that he is adjusting under 245i, he may be denied if not eligible (what I think is the case here).

    Leave a comment:


  • mike_2007
    replied
    but anyway who care about 245I or not, her concern was if he can adjust and the answer is yes and he doesn't have to leave the country ,and this is the major thing

    Leave a comment:


  • mike_2007
    replied
    245I is not only is someone petitioned for him before 2001, if someone petition for him and if he entered before 2001 , thats why he will be able to adjust not based on the mariage to a u.s citizen only, bcoz without the 245I they will force him to leave the country and process from his home country, your right ON all u said but he will be adjusting under 245I

    Leave a comment:


  • aneri
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by littlesthobo:
    I will be marrying an illegal alien in the fall and am wondering on the timeline of everything. From my research I understand the following:

    I or my husband to be files various forms such as adjustment of status, I-130, biographic info, medical, affidevit of support and work authorization. Then we wait to hear from USIS.

    How long will it be then for the following on average?

    1. work authorization
    2. Our interview
    3. To get his greencard
    4. To get travel authorization </div></BLOCKQUOTE>

    Hi littlesthobo,
    After the marriage, you file I-130 and Affidavit of support, and your husband I-485 for adjustment of status and I-756 for work authorisation, with medical report. All that is sent together (+ other documents as explained in the instructions of the forms).

    Timeline depends on your service center and local office. He should receive Employment authorisation within 90 days.

    And some additional info:
    1. yes, he can adjust status in the USA. He is "adjusting" from previous status to a new one. Not from a visa... However, if something goes wrong and he is denied, he will not be able to appeal as he waived that right by entering on VWP (a few judges disagred, but USCIS still uses "NO visa, NO appeal".)
    2. He is not adjusting under 245i (unless someone petitioned for him before April 2001).
    3. FORGET about travel authorisation. If he leaves the USA before he has GC in hand he will trigger a 10 year bar on returnig.

    Leave a comment:


  • mike_2007
    replied
    lol yes we r , and i support u on whatever it is

    Leave a comment:


  • ProudUSC
    replied
    Mike, you and I are on the same page!!!!!!!

    Leave a comment:


  • mike_2007
    replied
    yes i said it and once again he beat the uglyyyyyyy monster lol

    Leave a comment:


  • ProudUSC
    replied
    You're too funny, Mike! You said it, not me!

    Leave a comment:


  • mike_2007
    replied
    yep me too, he beat that monster

    Leave a comment:


  • ProudUSC
    replied
    Hang on Mike! Surely this nonsense will be over soon. Obama took Virginia!!!!!! I'm celebrating!!!!

    Leave a comment:


  • mike_2007
    replied
    the ground is shaking lol

    Leave a comment:


  • ProudUSC
    replied
    Don't want to disrupt this thread anymore than what's been done, but Hey Mike and Caribbeanman!! What's shaking - lol!

    Leave a comment:

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