http://www.expertlaw.com/forums/ Immigration through a family member. en Sun, 19 May 2013 16:25:38 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png http://www.expertlaw.com/forums/ http://www.expertlaw.com/forums/showthread.php?t=158602&goto=newpost Sat, 18 May 2013 19:09:37 GMT If I marry a U.S citizen as an international student and wish to live in the U.S following our marriage for just 1-2 more years, legally, is it... If I marry a U.S citizen as an international student and wish to live in the U.S following our marriage for just 1-2 more years, legally, is it necessary for me to file form I-485? Can I just finish up school as an immediate relative of a U.S citizen and only file form I-130? Also, will leaving the U.S after the 1-2 year point jeopardize my chances of visiting the U.S in the future?

I should mention, my spouse and I would both be leaving the U.S together.

It would also be very helpful to know what exactly my immigration status in the U.S would be after our marriage, and after I file form I-130 and it is approved. Say I choose to take a break from school or continue completely online.. because this might be a problem for me if I am still technically living in the U.S on a student visa.

Thank you for your help. ]]> Family-Based Immigration prawn http://www.expertlaw.com/forums/showthread.php?t=158602 http://www.expertlaw.com/forums/showthread.php?t=158546&goto=newpost Fri, 17 May 2013 13:05:34 GMT The case is follow to join spouse based on approved I-485 h1b. We received FP notice and I-765 approval/EAD in March. Did FP in March. But the... The case is follow to join spouse based on approved I-485 h1b.

We received FP notice and I-765 approval/EAD in March. Did FP in March. But the lawyer got a refunded check from USCIS. The lawyer called and was told the case is administratively closed due to ineligibility.

Is it because of the error on I-485 and I-765 about last arrival date. It was a future date... Just reviewed and found it out.

What should do next step? We have not received a notice yet and the online status in still acceptence.

Thanks, ]]> Family-Based Immigration serbilind http://www.expertlaw.com/forums/showthread.php?t=158546 http://www.expertlaw.com/forums/showthread.php?t=158399&goto=newpost Tue, 14 May 2013 01:28:16 GMT Hello,

I'm from Brazil and she is an American citizen. She has been to Brazil 3 times (but never overstayed her visa) and I'm currently on a tourist visa in the US for the first time. It's been 1 month that I'm here and my 6 month tourist visa expires on October 2nd, 2013.

We've been dating for a bit more than 2 years, but I did not mention my girlfriend at the interview at the American Consulate in Brazil. I was afraid they would reject the tourist visa, so I told them I'd be coming on vacation instead. My visit to the US was perfect to meet her parents, family and also to be sure if we were ready to get married or not. We spent 7 months apart (because of the visa issue). Luckily, we are very happy together and ready to get married.

We have the plan to stay in the US for now.

I've been reading a lot but I'm still unsure of what to do.

1) When should we get married? Is it better to wait and then get married here? or get married and go back to Brazil?
We prefer here staying here. I read that the best way is to wait a few months (around 3 months) and then get married here in the US (earlier than that I would be committing visa fraud)

2) Applying for the visa before my visa expires allows me to stay longer than 6 months? I read that if I leave the US during the process I'll have to start from scratch in Brazil. I also read that if I overstay I can have problems. So I'm confused.

Thanks in advance for any answer!
Cheers,
Rocha:D ]]> Family-Based Immigration Rocha http://www.expertlaw.com/forums/showthread.php?t=158399 http://www.expertlaw.com/forums/showthread.php?t=157883&goto=newpost Tue, 30 Apr 2013 01:47:25 GMT Hello, I'm an H1-B visa holder and I just passed the Labor Certification toward the Green Card process. My firm is about to file for the I-140 and the I-485.
I'd like to marry my girlfriend before filing the I485, but she is abroad now. Is it lawful for her to come to the US on a tourist visa, get married and then apply for the AOS with her name on it? Someone told me that this could be considered fraudulent because she would come here as a tourist. Does she have to declare anything at the immigration control?

I heard that it would be better to marry in our country (we are both European) and then apply for a dependent visa, but we would really like to avoid it and marry in the US.

Thanks! ]]> Family-Based Immigration goldrake http://www.expertlaw.com/forums/showthread.php?t=157883 http://www.expertlaw.com/forums/showthread.php?t=157549&goto=newpost Sun, 21 Apr 2013 03:31:12 GMT good evinig Please i need your advice , my english is 50/50 but i try my best to till the story Im here in the united state since 2002 . I come... good evinig
Please i need your advice , my english is 50/50 but i try my best to till the story

Im here in the united state since 2002 . I come with my husband and 2 children ( 2 & 5 years old at that time) .(also i have now a USC son, 4 years old)
My family here ( mother and 3 brother) all of them US citizen.
When we come here we have a visa 5 year i think its visitor visa .
My old brother already file a i 130 for usand we approved in: (april /19/2001) so its before the (april 30/2001)family act.

My i 130 approved since that time, last month my priority date current and the visa number available . my lawyer send to uscis chicago luckbox all form for me and my family ( i 485,i 765,i 131) with many paper and documents .
We all do the biometric last week, and now we are in the testing and review stage(uscis case status) for the i 485 form, every thing is okay until now.

I'm concerned about the work history , my lawyer when he fill all form he eave it blank and answer NO for the question: are u ever work in the united state?
My 3 brother support me and my family since i come here in 2001 and they bay for my rent and also my mom give my a monthly salary . I have a nice and good family all time they take care of me and my husband and my kids.
When we send the backage for uscis also we send affidavit of support from all my 3 brother for each one ( me and the kids and husband) so every one have a 3 affidavit of support coz my old brother( the petitioner) don't make more than 20.000 last year that's why my lawyer send a three affidavit of support to uscis.

Im think now about my interview(its scheduling in 23 may). I don't want to lie if they ask me are u ever work or your husband ? , honestly i never work but my husband work sometimes just to feed our kids and me .
As i say i don't like to lie but my lawyer already put in the application that we never work .

We don't have SSN by the way .

Please i need your advise what i gave to said if they ask me about this in my interview ?

So if they ask me about work history i till them the truth, but maybe the officer ask why you dont mention that and why you answer NONE in the work history section

I appreciate your time and help

thank you

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is this apply to me ??


" You may be able to adjust your status even if you have certain immigration violations, such as working without authorization or overstaying your visa if: (1) there was a petition filed for you prior to April 30, 2001, you may be able to take advantage of an old law (245i); or, (2) if you are an immediate relative of a U.S. citizen. See a counselor at one of our immigration centers to find out if this law applies to you."

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Eligibility for Adjustment of Status Under Section 245(i)

The following are groups of immigrants who are allowed to apply for adjustment of status due to Section 245(i):

Immigrants who entered the United States illegally or without inspection
Immigrants who have fallen out of valid nonimmigrant status or who have committed visa violations while in status
Immigrants who worked while not authorized to do so
Crew members who entered the United States with a D visa
Immigrants admitted in transit without a visa
Immigrants admitted via the Visa Waiver Program ]]> Family-Based Immigration anya70 http://www.expertlaw.com/forums/showthread.php?t=157549