Ok, we got marriage cert, last week. Once we fill the forms (130&1485), what is the best mode...using postal services or hand delivery, by either of us or anybody else, is alright. Are there any questions when filling...sound stupid but we are very new to these things, please help...

Dear Anonymous:

We always recommend filing in person, if at all possible. If you must mail the petition and other forms, make sure that they are 100% correct, that all exhibits are attached, that everything is signed, and that you have enclosed the proper fees. If not, they could be sent back, after 4/30/01, and then you will have major problems.

Also, make sure that you get a return receipt or other verification of delivery.

For more information on filing, see our Hints & Tips page under Marriage Petitions. Good luck.

Dear Immigration Help,

I'm a tourist with a multiple entry visa. I recently got married to a permanent resident cardholder and subsequently filed an I-130 petition. While waiting for the response of the INS, the period granted for my stay is about to expire. I'm bothered with a lot of questions and these are:
1) When the period of my stay will expire will I be considered an illegal alien even though I'm waiting for the response of the INS ? Why ?
2) What are the consequences of overstaying ?
3) God granting that I will be approved with my I-130 petition, are there still any penalties for me for overstaying?
4) What can be the best that I can do right now to expedite my petition and remain legal ?
Your help is very much appreciated, thanks in advance and God bless.

RJ

I sent my I-130 in May 25, 2001 and today a month later I have not recieved my 1st NOA. I, like probably everyone else, am waiting for K3 regulations to come out. But I beleave that without the 1st NOA, I can't file for K3. What else can I do to make sure that the Vermount office has not thrown my application away, and that they recieved it. And how can I get them to send me my 1st NOA???

Dear rj:

Because you are only married to a permanent resident, there is more than a 5-year waiting period for you to obtain permanent residence. For that reason, you are not permitted to remain lawfully in the US to wait for your residence.

When your period of stay expires, you will be considered unlawfully here unless you qualify to change to some other non-immigrant status. For information on other ways that you may be able to change status, you should speak with an immigration law attorney.

Expediting the approval of your petition will not help because, even if your petition is approved, you still cannot stay here legally solely on that basis.

If the petition was filed on or before 4/30/01, then you are grandfathered under section 245(i). If you are able to remain here until either your priority date is reached, or your wife becomes a US citizen, then you will be able to file for adjustment of status. If your wife is a citizen when you file for adjustment, there is no penalty fee. If not, there is a $1000.00 penalty fee. Good luck.

Dear Sabrina:

The VSC has had a tremendous problem in sending out fee receipts received over the past few months. For that reason, receipts have been delayed for up to 2 months. We would suggest waiting a little longer. There is really nothing you can do, because if the case has not been entered in the system, calling Vermont will serve no purpose.

You can possibly check with your bank to see if your check was cashed. This might help in case the petition is lost. Just hang in there.

Hi, my wife and I got married in December of 2001. My wife was a permanent resident at that time, so she filed an I-130 for me. She has been naturailized and becomes a citizen on May 9, 2002. I have been out-of-status for many years. Can I adjust my status and pay the penalty and apply for working permit since my wife is a citizen now?? and I heard a new rule "zero tolerance" just passed out. what does it affect my adjustment??
Thank you very much!

Sorry for this question..but your situation is similar to mine. Please help me by sharing your experience with the INS.

Were you out of status when your wife filed for her naturalization? Did she state that you were living together in her N400 application (even if you were out of status)? What type of INS status did she attribute to you in the spouse section? Did this affect her in the naturalization interview?

Thanks for your help

PS. From what I read in this board, I think your wife can file for Adjustment of status I-485 along with a new/duplicate I-130 form because she is now US citizen. I think "ImmigrationHelp" will confirm this.

Dear Anonymous:

If you entered the country legally, you can now file for adjustment of status. Just attach a copy of the I-130 petition and a copy of the fee receipt.

If you entered the country illegally, you are not eligible to adjust status unless Congress extends section 245(i). If that happens, you can file for adjustment upon paying the $1,000.00 penalty fee. Also, if you can answer the questions posed by Anonymous, it would be appreciated. Good luck.

Right away my I-130 has been approve on 02 of January but we file our paper work through an attoney. Now I want to know if whether NVC will still send us choice of agent form (DS3032) or they will send us a the form to schedule our interview date since we already have an attoney as our agent.

Besides I want to find out what it means to say that the beneficiary already has an Alien # because I was surprise when a letter was sent together with the approval notice for the I-130 to me that the beneficiary alien number is stated. Is this my alien # ?. Or What should I be expecting next from NVC ?. And should I be expecting any form from Lagos embassy ?.



Thanks

Morha

Dear Morha:

Your lawyer is your agent, so he or she will receive the next package of documents from the NVC.

We do not know whether the alien # is yours, or possibly that of the petitioner. Your attorney will be able to advise you on that. Good luck.

Dear ImmigrationHelp:
In regards to the above-reply you posted on 5/16, should I include the $1,000 penalty when I file the application for adjustment of status or should I file it later because if Congress is not extending the 245(i) I will lose the $1,000.
Thanks a lot!

Dear Anonymous:

If you are currently eligible to adjust your status, and the $1,000.00 penalty fee is required, then it should be filed with your application.

If you entered the country illegally, and section 245(i) does not apply in your case, then don't file for adjustment at this time. Good luck.

Thank you so much for your response. I know by God grace I am pretty close. Also I received DS230 and other forms just last week and soonest I will turn it in to NVC.

Now after NVC has schedule the date of interview do I have to wait for Lagos embassy to invite me for the interview if yes how long will that take ?. Or do I have to go to the embassy as soon as possible with a copy of a letter sent to me by NVC that the interview have been scheduled ?.

Once again thank you so much.

Dear Morha:

You will receive your appointment to appear at the consulate for your final interview. The interview letter will contain the date and time of the interview. Good luck.

Hi:
I am in the US on an H1B which does not expire until March 2005. My mother has filed an I130 on my behalf in May 2000. I have received my approval letter from the NVC. Question: Can I now file for an adjustment in status now? OR do I have to wait until my Visa number becomes current?

Hi,
I got married to a US citizen on July 27 and he filed the I-130 petition on August 20 in US itself. When can I expect my visa to join him?
Thanks

Hi,
My wife became a US citizen in June 2002. I am also a citizen. She completed a form I-130 in October 2002 for her mother to come to the United States. Does anyone know about how long give or take a few months?

Thank You

Hi!
I would like to know if there is a way to expedite the date of my AOS interview.
I ve been in this country for 3 years already and I haven't seen my parents all that time. I am really desparate to get my interview as soon as possible. But it takes 19 months in NYC to get to the interview.
Is there anything i can do???

Dear Immigration Help

my grandfather filed an I-130 for my parents and us (4 children)our case has been approved in august 7 2001. and they sent us an approval notice. now 2 of my brothers are 25 and 24 years old. are they going to get the residence???? and when is the embassy going to call us???? our priority date is may 99.

thanks

Dear Immigration Help,

My dad petition (I130) and recently received approval for me to reside permanently in the US.
However during that time I returned to the Caribbean to attend University on a scholarship which I will complete July 2006.

My birthdate is Mar 01 1984, and I am advised to file I864 instead of I485. I want to finish my University education here in the Caribbean before migrating to the US, but also do not want to lose the status. Any help?
Joveda