Blondygirl
02-18 09:46 PM
Hello, I'm wondering what steps I need to take in order to help my husband become a US resident (eventually a citizen but one step at a time). I have figured out that we need to fill out an I-130 but I keep seeing everyone talk about an I-485 and I'm curious if we need to use that one as well, and how many others???
Really quickly, our history: I'm a 19 year old US citizen by birth, and my husband is a 27 year old undocumented alien from Mexico. We just got married on Valentines day 2011 and I'm pregnant also which is why I would prefer to do this quickly as to prevent a possible deportation although he is an amazingly wonderful guy who's never had a run in with the law, it's just a constant concern of mine. =( He also has a 5 year old son from a previous marriage with an American woman (she cheated on him, and then divorced him) who we eventually would like to get custody for since his mother is a very bad person but that's another story.
I realize this is a complicated process that most people would suggest using a lawyer for, but I know there's people out there that have accomplished this without one and so that is my goal to do this on our own but I'm thinking that some advice from experienced individuals would benefit me greatly in this task. =) Any help you're willing to give would be greatly appreciated!! Thanks so much <3
Really quickly, our history: I'm a 19 year old US citizen by birth, and my husband is a 27 year old undocumented alien from Mexico. We just got married on Valentines day 2011 and I'm pregnant also which is why I would prefer to do this quickly as to prevent a possible deportation although he is an amazingly wonderful guy who's never had a run in with the law, it's just a constant concern of mine. =( He also has a 5 year old son from a previous marriage with an American woman (she cheated on him, and then divorced him) who we eventually would like to get custody for since his mother is a very bad person but that's another story.
I realize this is a complicated process that most people would suggest using a lawyer for, but I know there's people out there that have accomplished this without one and so that is my goal to do this on our own but I'm thinking that some advice from experienced individuals would benefit me greatly in this task. =) Any help you're willing to give would be greatly appreciated!! Thanks so much <3
prem_goel
12-03 10:24 PM
I have...
Frist stamp from INDIA (home country),
2 Visa Stamps from Washington DC
Last stamping from Matamoros (Mexico)
Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?
YEs, but I am not a lawyer. Secondly you should refer to the US Consulate at Tijuana's website for the latest rules. I believe as of now, you are since you have 1 stamping from your home country.
I met one guy during my stamping who had the same situation and he got approved. You have to show them the india stamping though, else they might get confused seeing your other stampings. Initially they said to him he was not eligible, but when he showed them his first India stamping they let him in.
Frist stamp from INDIA (home country),
2 Visa Stamps from Washington DC
Last stamping from Matamoros (Mexico)
Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?
YEs, but I am not a lawyer. Secondly you should refer to the US Consulate at Tijuana's website for the latest rules. I believe as of now, you are since you have 1 stamping from your home country.
I met one guy during my stamping who had the same situation and he got approved. You have to show them the india stamping though, else they might get confused seeing your other stampings. Initially they said to him he was not eligible, but when he showed them his first India stamping they let him in.
reddog
11-03 10:43 AM
I would be very cautious about her overstayin without getting the extension in hand.
I would still not do it unless it is a desperate situation, and there is absolutely no other way of handling it.
The overstay would definitely show up the next time she comes back in, ie, next time if the officer is good, he lets her in and everything is good.
If the officer is just doing his duty, he will not.
The officer will definitely grill her about her overstay, and if she is able to convince him about the hospital stay(i would keep records of the hospital stay), he can give her a short term visa.
And your mom-in-law mentioning the baby when she entered does not help at all.
Overstay is still handled in an adhoc fashion at the airport counters.
But I know of a friends mother who overstayed(did not apply extension) and was sent back from the airport next time she tried to come back(they even got a letter from the local congressman).
I would still not do it unless it is a desperate situation, and there is absolutely no other way of handling it.
The overstay would definitely show up the next time she comes back in, ie, next time if the officer is good, he lets her in and everything is good.
If the officer is just doing his duty, he will not.
The officer will definitely grill her about her overstay, and if she is able to convince him about the hospital stay(i would keep records of the hospital stay), he can give her a short term visa.
And your mom-in-law mentioning the baby when she entered does not help at all.
Overstay is still handled in an adhoc fashion at the airport counters.
But I know of a friends mother who overstayed(did not apply extension) and was sent back from the airport next time she tried to come back(they even got a letter from the local congressman).
tabletpc
12-16 10:22 AM
Don't Panic but retaliate.
Appraise your self with form wh4 and AC21 rules and then appreaise your new employer attorney. You and your new employer attorney are in good situation to take your Ex-employer for a ride. Good luck....
After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
Suggestion: keep the employment termination letter/note/email for records for future reference.
Appraise your self with form wh4 and AC21 rules and then appreaise your new employer attorney. You and your new employer attorney are in good situation to take your Ex-employer for a ride. Good luck....
After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
Suggestion: keep the employment termination letter/note/email for records for future reference.
more...
vinzak
03-20 12:47 PM
Hi Everyone,
Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..
There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)
can baby also get Green Card when we (parents) are allotted green card?
All your advices are always appreciated.
Thanks & Regards,
Satya.
Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.
Firstly, Congratulations!!
If you have the baby in India, the baby cannot come to the US till your PD becomes current. Till then you cannot add any dependents to yr 485. Given that yr priority date is EB3 2007, that might be a long long time. It's a huge risk to take.
The other alternative is for you to switch back to H1, so you can get the baby here on h4. I'm not sure what that will do to yr 485 though.
Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..
There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)
can baby also get Green Card when we (parents) are allotted green card?
All your advices are always appreciated.
Thanks & Regards,
Satya.
Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.
Firstly, Congratulations!!
If you have the baby in India, the baby cannot come to the US till your PD becomes current. Till then you cannot add any dependents to yr 485. Given that yr priority date is EB3 2007, that might be a long long time. It's a huge risk to take.
The other alternative is for you to switch back to H1, so you can get the baby here on h4. I'm not sure what that will do to yr 485 though.
Khujaokutta
05-12 03:38 PM
Then u should "Condiser Donating"....Condiser not Consider :D
more...
asanghi
09-15 02:15 PM
We can send these to Nancy Pelosi & Harry Reid. I am in. However it will only be effective if we manage PR well. The only reason flower campaign worked so well was because it was all over in the news. So I guess we should either copy some reporters (which I think may be too much data for them to appreciate) or make a press release through IV.
lazycis
10-04 12:55 PM
Is there and on going class action lawsuit? and if there is where can I get info to join. I filed for a k3 visa a year and 110 days ago. Till this day USCIS still wont approve my applications because they say that we are stuck in bacgkroud checks. I dont understand how people that field way after me already have their spouse here while I have been waiting for over a year and we still dont have the NOA2. What can I do, where can I joint o get help. Is there a class action going on for this?
Unfortunately there is no class action for your case. It's hard to file a class action for mandamus suit as the circumstances of each case are different (i.e. different waiting time). But you definitely can file an action for yourself and defend yourself from the injustice. Check this court order, it may be helpful
http://immigrationportal.com/attachment.php?attachmentid=16325&d=1179385606
Unfortunately there is no class action for your case. It's hard to file a class action for mandamus suit as the circumstances of each case are different (i.e. different waiting time). But you definitely can file an action for yourself and defend yourself from the injustice. Check this court order, it may be helpful
http://immigrationportal.com/attachment.php?attachmentid=16325&d=1179385606
more...
simple1
06-18 04:50 PM
My intent is not to divide IV. I was just highlighting EB non-ROW.
Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?
Please enlighten me.
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?
Please enlighten me.
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
jettu77
03-31 08:37 AM
Congratulations!
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petersebastian
04-01 11:31 PM
you dont have to marry. just remain as illegal and they will GC sooner.
Hmm really? I thought that is not possible anymore. Can you give me the details or refer me to a website that has them? Thank you!
Hmm really? I thought that is not possible anymore. Can you give me the details or refer me to a website that has them? Thank you!
english_august
07-05 10:03 PM
I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?
A single bouquet to the USCIS, perhaps will meet that fate. 500 on the same day? Well, that's a news story and that's what we are trying to do here. ;)
Moreover, I don't understand the argument that those $30 given to IV will be useful. I am sure it would be and I am a recurring contributor, but can't these 30 dollars be over and above what we give to IV? It shouldn't be an either-or situation. I think this is an action worth taking.
A single bouquet to the USCIS, perhaps will meet that fate. 500 on the same day? Well, that's a news story and that's what we are trying to do here. ;)
Moreover, I don't understand the argument that those $30 given to IV will be useful. I am sure it would be and I am a recurring contributor, but can't these 30 dollars be over and above what we give to IV? It shouldn't be an either-or situation. I think this is an action worth taking.
more...
sgorla
02-23 02:38 PM
I was told by the University of Nevada -Reno (UNR) that I 140 approval does not change one's immigration status, and the person (or his/her dependent) will not be eligible for in-state tution.
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
Dhundhun
03-17 01:08 PM
According to IRS
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
If any member has ITIN, economic stimulus package benefit will not be given.
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
If any member has ITIN, economic stimulus package benefit will not be given.
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bkn96
02-18 01:33 PM
Hello bkn96! congratulations!
so, i am interested to know more about your self-employment status. so you saying that you actually worked for your own company when the 485 was adjudicated? so, they did not ask you any questions about that? no rfe? no raised eyebrows? that is cool! how was it? please share!
That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .
so, i am interested to know more about your self-employment status. so you saying that you actually worked for your own company when the 485 was adjudicated? so, they did not ask you any questions about that? no rfe? no raised eyebrows? that is cool! how was it? please share!
That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .
st4rguitar
04-14 08:34 PM
Yeah, that stinks, big time. Just have your HR or attorney contact them every month or 2 months, definitely. MTR/R4R/Appeal, yes, synonymous usage - proper term at the PERM level is "Request for Review."
is MTR the same thing as Appeal?? so far I haven't heard from the Appeal borad. as I mentioned before the HR Manager sent them a letter at the end of Jan 2008 requesting an update on my appeal but she hasn't heard anything from them. this is really taking forever. all we want them to do is to make a decision, either accept the appeal or deny, so i can move on.
is MTR the same thing as Appeal?? so far I haven't heard from the Appeal borad. as I mentioned before the HR Manager sent them a letter at the end of Jan 2008 requesting an update on my appeal but she hasn't heard anything from them. this is really taking forever. all we want them to do is to make a decision, either accept the appeal or deny, so i can move on.
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rbms
03-06 05:26 PM
Two responses
lostinbeta
10-20 02:28 AM
Edwin used Painter and Photoshop to make that image.
I think the latest one is Painter 7.
I am sure you learned from other people too calaway:)
I think the latest one is Painter 7.
I am sure you learned from other people too calaway:)
zerozerozeven
03-25 10:46 AM
We are most fortunate, thanks to Mr. Bill Gates, Rep Smith's current bill will triple our h1b cap and it will pass. all 3 american candidates support us. we are winning:D:D:D
I remember this bill being brought up last year also and was "supposed" to be passed but never even came up for voting...why do u anticipate this will go through this time? My wife is applying for her "H1B" and she is awaiting the lotto results...
I strongly disapprove of ppl waiting for their GC voicing against H1B cap increase because they have crossed that bridge and have H1B. I am only safely assume such ppl will voice against IV and all IV activities once they receive their GC...
I remember this bill being brought up last year also and was "supposed" to be passed but never even came up for voting...why do u anticipate this will go through this time? My wife is applying for her "H1B" and she is awaiting the lotto results...
I strongly disapprove of ppl waiting for their GC voicing against H1B cap increase because they have crossed that bridge and have H1B. I am only safely assume such ppl will voice against IV and all IV activities once they receive their GC...
psaxena
02-04 04:21 PM
Hi, Everyone says I am in and I am in . no one says how and when.
So I decided to step up for this. Guys please send the list of the members with contact information who are willing to meet & greet. I'll then plan for some place to get together.
We are just a few indians in AZ , atleast we should meet and it will be good social networking and also will be a big step forward for the cause that we all are together at this portal.
All the best, looking forward to meet everyone.
So I decided to step up for this. Guys please send the list of the members with contact information who are willing to meet & greet. I'll then plan for some place to get together.
We are just a few indians in AZ , atleast we should meet and it will be good social networking and also will be a big step forward for the cause that we all are together at this portal.
All the best, looking forward to meet everyone.
prmetta
11-23 04:05 PM
I need to transfer money every month to my mother in india as a monthly automated transaction. ..she has a account in Canara bank ..what is the easiest rather cheapest rather free way to send from the US..
any help is appreciated..
thanks
:)
Easy method on a automated basis is ICICI.
https://m2inet.icicibank.co.in/m2iNet/m2iNetLoginForm.jsp If you register through this you can set the Recurring Transactions. From the bank you set in there will go without interruption on a timely manner. My mortgages in India will go the same way.
any help is appreciated..
thanks
:)
Easy method on a automated basis is ICICI.
https://m2inet.icicibank.co.in/m2iNet/m2iNetLoginForm.jsp If you register through this you can set the Recurring Transactions. From the bank you set in there will go without interruption on a timely manner. My mortgages in India will go the same way.
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