"OfLoveAndFears" wrote in message
news:1576468.1091602807@britishexpats.com...
> okay so ive tried to get info online before..this board format seems a
> lot easier though..
here is a timeline and
> some facts followed by my questions..
> nov. 1st 2000 - my boyfriends
> first visit from the uk (we met on my 16th birthday and this was when we
> were both 18)
> march 25 2001 - he
> comes back because we cant bear to be apart. he had said on the phone
> before this visit that in september hed be off to uni where he would
> stay until 2004..i couldnt stand that thought but was grateful for any
> and all time i could have with him
>
> june 5th 2001 - we get married..by a
> magistrate in a prison
O.K. -- why the prison?
> june 22nd 2001 - sat in
> the airport watching his plane leave
> dec..i'll have to get the date but i believe it was
> recieved on the 26th? ins got our papers...heres the kicker,our local
> guy had no clue what a visa waiver is and hes in charge of immagration
> things at a local office here..how scary is that? and we were not told
> at all what we would need...just the I-130..thats it...
That was probably what an INS official should have said. A person is really
not *supposed* to file Form I-485 after having entered the U.S. in visa
waiver status, although under certain circumstances, a person who entered in
WT status *can* be successful in filing I-485.
The problem is that you did not get professional advice from the beginning,
which includes information that INS employees may not know or cannot say.
Your husband could have become a permanent resident long ago.
so thats what we
> sent. it was sent to texas,we were recently sent to nebraska,
North Carolina is in the service area of the USCIS Texas Service Center, so
your place of filing was correct for an I-130 filed by itself. See
http://uscis.gov/graphics/fieldoffices/texas/aboutus.htm#anchorAREA. The
transfer from TSC to the Nebraska Service Center was also normal. USCIS
transfers these cases from place to place to work on backlogs.
and they
> lost our pictures along the way. well we sent those and recently got a
> letter...a letter saying he was denied. and basically,in three months
> would be kicked out..that was a few weeks ago,again i'll need the letter
> for the date as i am very tired and its 2:41 am here.
Why was the I-130 petition denied? What did the denial say? You must
address this issue, because the next I-130 may have the same problem.
> in a panic i
> call ins
i got this woman who at
> first was very snippy with me
she finds out he was here on visa waiver and assures me thats
> the problem so he doesnt have to leave,i just need to reapply,this time
> at the charleston office (we live in york county below charlotte nc)
> and when she finds out we werent told of the,oh,8,7000 or so OTHER forms
> we needed along with the I-130 she was shocked. she rattled the ones i
> need off pretty fast thoug (oops) but ah well she provided much more
> help than ive ever gotten before that.
> we cant find his
> visa waiver slip..
This is the Form I-94, Arrival-Departure record, a key document.
this has got me a wee bit freaked out as i am so very
> afraid that will be important. j (my husband) thinks if we do need it
> perhaps theyll be some sort of record somewhere proving he came over on
> one but im not sure..we used to keep it tucked in with his passport but
> its gotten lost along the way and i dont think we can find it.
It is important. Your application must be filed with either the original
I-94, or an I-102 application to replace the I-94.
> we had a
> son in october of 2002 and are expecting again in january of 2005 (weve
> also had several-8-losses) does the ins need any info on him at all?
There are questions about the children of the beneficiary on both the I-130
and the I-485. Also, dependents have to be counted on the I-864. Be sure
to answer every question accurately as of the date of signing the forms.
and
> if i were to apply for medicaid since i dont have insurance and im
> pregnant so cant get any now-i know,im stupid..does that go against me?
Yes. There is a question about this on the I-864.
> i also dont have a job..doubly stupid..i was told my grandmother and
> mother,who we live with,can be co-sponsers but..i feel *I* need to do
> SOMETHING or i might as well just slap a denied sticker on it
> myself,right?
As the I-130 petitioner, you must complete and sign an Affidavit of Support,
Form I-864, to show that your husband will not become a public charge. You
must do this even if your income and assets do not meet the required
standard. Your grandmother and mother can complete Form I-864A, and their
income can be added up to try to meet the required income and assets. Or,
either one of them or both can sign their own I-864 as a "joint sponsor." I
suggest you download a copy of this form and read the instructions very
carefully.
> what forms will we need?
I-130, I-485, I-765 (don't file I-131 as your husband cannot leave the U.S.
before he becomes a permanent resident, or he will be subject to a 10 year
bar before he can get back into the U.S. again)
G-325A for you
G-325A for your husband
I-102 if you cannot find the I-94
I-864
and many supporting documents. Please note that Amanda's tinyurl site does
not fit your situation exactly, as it does not reflect the concurrent filing
of an I-130. Also, there is no need for any foreign police certificates to
be filed with an I-485.
like i said i think i have them
> all down and right but id like to know for certain..
>
> do i have to let
> the tx/nb/wherever the heck they were sending us know im going to
> reapply?
No. But you must correctly answer the question on the I-130 about whether
you have filed an I-130 before, and what happened to it.
the ins officer said not but i thought id check just in case
> anyway..
>
> our plan is if he were to be rejected id just go back to the
> uk with him and try and go through the process myself thee..but i worry
> they wouldnt like that,that i would be rejected,then what?
>
> im just so
> nervous and scared and worried and i feel so stupid
Maybe you could tone down the "nervous and scared and I feel stupid" talk.
It saps your energy. Remember that the messages that you give yourself and
that you repeat over and over (how many times in these newsgroup posts??)
have a lot of power.
You're a grown woman now, with a husband and children, and you have got to
act like it. You may be young, but you have taken on serious
responsibilities as an adult. And your feelings will eventually reflect
your behavior.
and finding good
> info out there is hard to do.
> sometimes i wish we could go hide on
> some island somewhere and just be together with no fears of being told
> bad news..but i know it is completely worth it to go through all of
> this..if we just knew exactly what to do and got some straight replies
> itd be easier to deal with but no matter who we call or get sent to or
> anything at all official we never seem to get the same reply from
> people.
It is well known that USCIS (formerly INS) employees are not likely to give
reliable information. We on this newsgroup know of stories where following
INS employee's advice ruined people's lives. You cannot follow the advice
of everybody and his brother on a newsgroup. What applies in someone's
situation may not be applicable in your situation. None of these people can
take the time to analyze your situation and cover all the separate, complex
issues. Look at all the items mentioned in this post -- and I'm sure there
are many many more questions that must be answered. It isn't realistic to
expect a "straight reply" or the "same reply" to all your inquiries.
To be expert in immigration law and practice, as good immigration attorneys
are, a person must be constantly educating himself or herself, probably an
average of some hours of reading every day. Also these attorneys have
experience with a great variety of cases. Most USCIS employees simply do
not have the background to tell you everything you need to know.
You should have an immigration attorney check over your package before you
file it. At least ask for the help of some kind of professional in
immigration practice. Free or low-cost legal assistance is available. See
http://uscis.gov/graphics/lawsregs/advice.htm. In any case, you can't
afford NOT to get professional help.
You should make a photocopy of every item you file with USCIS before filing.
I'm not sure whether you can file in person, or whether you have to mail in
the package. Here are some sites:
http://uscis.gov/graphics/fieldoffices/charlotte/aboutus.htm
http://www.kamya.com/aos/ncarolina.html#charlotte
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