!-130 Help

[Sqlguy]

Hello:

I filed the I-130 for my parents in Jan 2005. I received the NOA stating that they have received the papers on Jan. 12, 2005. Now when I check the USCIS, it states that they are currently processing the I-130 applications with the notice date of Jan. 22, 2005.

My father already had a Green Card, but was away from USA for more than 10 years, so I filed an application again for him.

Does this mean they have already processed the applications I submitted for my parents. How long till the visa number or approval from this point?

Thanks in advance to everyone who can help me.

A.

 

[Gurminder1957]

I-130 Petition in a Mess and Marriage Annulment

I arrived in the US in 1998 via B1 visa on the promise of a company sponsoring and filing for my 245i application. This company failed to that and while I became injured from a head injury, I overstated my till I was able to reapply for the 2451 application through a now defunct publicly listed company. This company filed my application on April 23rd, 2001, a few days before the deadline of this type of application. The State of California's Employment Development Dept did not reply till 2003 by which time the company went out of business due to the tech crash from 2001. The company was unable to raise further investment to continue operations. This again left me in a out of status situation and had also a expired Singapore passport by then.

As I travel back and forth to New Mexico where majority of my Sikh spiritual community have their operation, I was in Alberquerque, New Mexico on August 7th, 2005 awaiting a Greyhound bus to Santa Fe, NM when I Border Patrol boarded the bus, asked for my identification and was subsequently detained for not having valid visa and identification. I was detained in El Paso, Texas from August 8th till August 22nd, 2005. I am presently out on bond of $20K. Subsequently, returing back to Los Angeles, I applied for a Change of Venue as my girlfriend lives in Los Angeles and have been my place of residence. Change of Venue was granted on Jan 3rd, 2006 and Notice To Appear in Los Angeles Immigration Court was given to attend hearing in front of a immigration judge on Jan 26th, 2006. I got married to my girlfriend on Jan 23rd, 2006 at a civil marriage.

On Jan 26th, 2006, the Immigration judge heard my case, he was informed about my marriage and was asked whether I have filed for I-130 spousal patition to adjust status for non-US spouse. The judge was informed by me that I have not started the process but intend to do so. This judge advise me that I should get the process started and gave the next hearing date for November 20th, 2006. In the meantime, I have to file the I-130 process.

My present predicament is that my wife is delaying the creation of joint accounts and other documentation that I need while getting cold feet that in signing the I-130 she might be some how implicated. This is my present predicament, what do I do if she decide to back out of the process ahead or in the worst case ask for a annulment of our marriage. Unknown to me at the time of marriage, she has previously annulled a marriage in a apparent case of cold feet. She is also demanding money from me inorder to her debt and taxes

 

[rex1960]

...

since your case has nothing to do with the thread starter, I suggest you start a new thread instead of replying to another one unless you don't want anybody to see your case.

Anyway, I tend to think that you're better off asking a lawyer for advice since your case sounds complicated and twisted.
IMHO your marriage sounds more like fraud than bonafide.

 

[loraine]

marriage to us citzen and been abuse domestic abuse

I dont have a general reply. I am new to the fourom but i have a question?
I am married to a us citizen he abuses me we have been together for 13years and married for 1 year and a half we have 1 child for my husband and one that is not his. Everytime he is going to file the petetion he withdraw it and uses it against me. I am here illegally. I am at my withs end. however someone informed me that i can file self petition as a abuse spouse.
does anyone knows of this. also if this is true, in reguards to my adjustment of status would i have to return to my original country or can i adjust my status here in the us as i live here please help i dont know what to do

 

[billofempire]

Violence Against Women

VAWA (Violence Against Women Act)
The Violence Against Women Act (VAWA) was passed in 1994 (VAWA II in 2000) allowing abused immigrant women and children to seek Legal Permanent Residency/LPR ("Green Card" status), independently of their abusers' support (petition). [Note: Married men also can qualify to file under VAWA.]
The married spouse of a U.S. Citizen and LPR ("green card" holder) can petition for the I-485 Adjustment of Status by establishing "extreme cruelty" with documents such as police reports, medical reports, and documents from counselors and social service specialists. Emphasis is placed on documenting and explaining how the abuser's conduct impacted on the quality of life of the married spouse or her/his ability to function. Therefore, it is important to detail not only what the abuser did, but how the spouse felt as a result of the abuser's actions and behavior.
The applicant is also no longer required to establish "extreme hardship," and can apply from outside the U.S. if she can demonstrate that she/he was the victim of domestic violence in the United States.
....
Spouse
A married foreign national spouse may self-petition if she/he is a battered spouse married to a U.S. Citizen or LPR ("green card" holder). Unmarried children under the age of 21, who have not filed their own self-petition, may be included as derivative beneficiaries.
The self-petitioning spouse:
1. Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse's death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.
2. Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.
3. Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.
4. Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.
....
Parent
A parent of a child who has been abused by her/his U.S. Citizen or LPR ("green card" holder) may self-petition. The parent's child (under 21 years of age and unmarried), including those who may not have been abused, may be included in the parent's petition as derivative beneficiaries, if they have not filed their own self-petition.
....
Child
A child may self-petition if he/she is a battered child (under 21 years of age and unmarried) who has been abused by his/her U.S. Citizen or LPR ("green card" holder) parent.