Please help with my i-130/i-485 questions

I

immiresearch

Registered Users (C)
Please help with my i-130/i-485 questions and A-3 visa question

I am gathering all the necessary papers for my i-130/ i-485 application and i need clarification the following issues:

- Recently i was going through some threads on other site and i read that all A and G visa type must file form i-508 Application for Waiver of Rights, Privileges, Exemptions and Immunities along with necessary papers so that the will be able to adjust their status. The point is that i came in to this country on A-3 visa which is a domestic staff/servant of foreign government officials (A-1). My principal on which my status depends/based (A-1) has since February this year left this country . Am i still going to file the form along with my i-130/i-485? even though i am technically out of status??

- My BC does not have my mother's maiden name on it. It only has her last name (which is my father's last name) and her first name. My question is must every BC has mother's maiden name? what is will be the consequence if i submit it like that? or what can i do?? I dont want to have any RFE.

Please your sincere advise and/or opinion will be greatly appreciated. Thank you and God bless!
 
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Yes, you need the additional forms I-508 and I-566.

Since you say you are out of status and filing for adjustment, you must be the immediate relative of a USC (spouse?).
 
immiresearch said:
- My BC does not have my mother's maiden name on it. It only has her last name (which is my father's last name) and her first name. My question is must every BC has mother's maiden name? what is will be the consequence if i submit it like that? or what can i do?? I dont want to have any RFE.
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Why is her maiden name missing? Is it because your country's birth certificate format simply doesn't have a place for the maiden name? Or is there a space for the maiden name but it was left blank?
 
gcmarch2010 said:
In answer to your 2nd question, I submitted an affadavit with my 485 packet. You can see the format of that at this thread link. I don't know if the maiden name is a requirement, but I did not want to take a chance by getting an RFE and delaying my process.
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Thanks for the link. One more thing concerning the BC is that the original BC that was issued right from my birth was lost shortly before i came here so i applied for another one, also before i came here. That was like 3-4 years ago. So i was reading something that BC must be issued within 1 year of birth before it can be accepted by USCIS??. Since i only have the one that was issue like 3-4years ago, am wondering if they might reject it or what do you guys think?
 
Jackolantern said:
Why is her maiden name missing? Is it because your country's birth certificate format simply doesn't have a place for the maiden name? Or is there a space for the maiden name but it was left blank?
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There was not a place for maiden name. It only has child's name and date of birth, father name (i.e surname and first name) and mother's name (also surname and first name). All these are all filled out with no blank space
 
Regarding the issue date. They mean that the birth was registered in a timely manner. Yours was, so it should be OK, the replacement should include the original registration date from the old records that they took the info from. Is it there somewhere? If your parents had not registered your birth for many years, you would need secondary evidence and affidavits, blah, blah, blah....

The issue about your mother's maiden name may become important in the future if you ever petition for her. If that happens, there will probably be a marriage certificate and her own B/C to link the names together with your B/C.
 
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BigJoe5 said:
Yes, you need the additional forms I-508 and I-566.

Since you say you are out of status and filing for adjustment, you must be the immediate relative of a USC (spouse?).
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Yes i am married to a USC. Are those out of status needs that forms too? Although i have 'D/S' on my i-94 card, i still believe am out of status anyway since my principal has finished his assignment and has since departed the US.

And do you think these 2 forms will in any way slow down the green card process??
 
immiresearch said:
Yes i am married to a USC. Are those out of status needs that forms too? Although i have 'D/S' on my i-94 card, i still believe am out of status anyway since my principal has finished his assignment and has since departed the US.

And do you think these 2 forms will in any way slow down the green card process??
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Immi,

Ignore the first advise which BigJoe gave you regarding forms I-508 and 566. You don't need to file any of those forms, because at the time of your interview, you will be given a form by the IO to complete, which formally takes away those immunities and privileges. Since you were a domestic servant, you personally didn't have any of those privileges, except for the principal. You should not even care about being out of status, that is forgiven by USCIS due to your marriage to a US citizen, so just be truthful in filing your paperwork, when your visa expired and so forth. I have personal experience with having being a principal on a G visa, and adjusted from that to a green card. I never filed, let me repeat once more, I never filed I-508 and/or I-566, at the conclusion of my interview, the IO printed out a form for me to complete, which formally took away my immunities in the US. Don't worry about a thing, you should be fine.

D/S stands for duration of stay, and being out of status has to be determined by USCIS. In this case, by their technicalities you are NOT out of status, but in the section that asks for your visa information and expiration, please state when your visa expires and I know of cases where either an A or G visa is issues for 5 years, but the person is only employed for 3 years. Or other cases where you are employed with a contract for 4 years, but your visa expires in 3 years, but due to D/S you can work while it is expired, except that you will need a renewal to travel aboard for job purposes.
 
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Al Southner said:
D/S stands for duration of stay, and being out of status has to be determined by USCIS. In this case, by their technicalities you are NOT out of status, ...
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Not quite correct ... D/S means duration of status, and the individual immediately falls out of status the day they stop complying with the requirements of having the status. What is delayed is the accrual of unlawful presence, which doesn't start until USCIS or an immigration judge makes an official determination of it. So the OP fell out of status the day the principal left the US permanently, but is probably not yet unlawfully present.
 
immiresearch said:
Thanks for the link. One more thing concerning the BC is that the original BC that was issued right from my birth was lost shortly before i came here so i applied for another one, also before i came here. That was like 3-4 years ago. So i was reading something that BC must be issued within 1 year of birth before it can be accepted by USCIS??. Since i only have the one that was issue like 3-4years ago, am wondering if they might reject it or what do you guys think?
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What matters is the registration date which must be soon enough after the birth, not the issue date. Governments will reissue birth certificates decades after the birth and that's not a problem.
 
Jackolantern said:
What matters is the registration date which must be soon enough after the birth, not the issue date. Governments will reissue birth certificates decades after the birth and that's not a problem.
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Yes, it's the registration date that's important and must be soon after your birth. My BC was originally in my native language and so got it translated to English by the govt officials in my home country about 6 years ago. On the English BC there were 2 dates listed, 1. issued date as XX-XX-2004 and 2. registration date as a few days after my DOB.
 
Al Southner said:
Immi,

Ignore the first advise which BigJoe gave you regarding forms I-508 and 566. You don't need to file any of those forms, because at the time of your interview, you will be given a form by the IO to complete, which formally takes away those immunities and privileges. Since you were a domestic servant, you personally didn't have any of those privileges, except for the principal. You should not even care about being out of status, that is forgiven by USCIS due to your marriage to a US citizen, so just be truthful in filing your paperwork, when your visa expired and so forth. I have personal experience with having being a principal on a G visa, and adjusted from that to a green card. I never filed, let me repeat once more, I never filed I-508 and/or I-566, at the conclusion of my interview, the IO printed out a form for me to complete, which formally took away my immunities in the US. Don't worry about a thing, you should be fine.

D/S stands for duration of stay, and being out of status has to be determined by USCIS. In this case, by their technicalities you are NOT out of status, but in the section that asks for your visa information and expiration, please state when your visa expires and I know of cases where either an A or G visa is issues for 5 years, but the person is only employed for 3 years. Or other cases where you are employed with a contract for 4 years, but your visa expires in 3 years, but due to D/S you can work while it is expired, except that you will need a renewal to travel aboard for job purposes.
Click to expand...

I was wondering too Al because i never enjoy any benefits like tax or anything like that in the first place. But when did you do your paprework? I ask this bcos we all know tha immigration laws and policies change often so may be the policy has changed since you did your adjustment of status?? When i was reading the instruction for i-566, i was looking to find a place where they mention that A-3 doesnt have to file i-566 but what they said was all A, G and NATO trying to file a change of adjustment should file i-566 along with the necessary forms. Do you think the rules might have changed or you think i dont need to submit the form at all . . .i just dont want to have any RFE and i believe i can do it with the assistance from you guys
 
immiresearch said:
I was wondering too Al because i never enjoy any benefits like tax or anything like that in the first place. But when did you do your paprework? I ask this bcos we all know tha immigration laws and policies change often so may be the policy has changed since you did your adjustment of status?? When i was reading the instruction for i-566, i was looking to find a place where they mention that A-3 doesnt have to file i-566 but what they said was all A, G and NATO trying to file a change of adjustment should file i-566 along with the necessary forms. Do you think the rules might have changed or you think i dont need to submit the form at all . . .i just dont want to have any RFE and i believe i can do it with the assistance from you guys
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I filed in 2006, late November of that year. I never got an RFE for I-566, so I don't think you should worry about it. Yes, when you are come as a employee of the principal, you get no benefits for tax exemptions and so forth. Here is the approach you can take which might give you peace of mind, you can along with your required forms, file the I-566 because it doesn't cost you anything. At the time of the interview, the IO can make a decision on whether it was necessary or not.
 
Exactly, think i will file it and the fact that it doesnt cost me anything makes it more sensible to file. But about the D/S thingy, what do think is right to write as an answer to the quetion "what is your current status" on the forms?? Can i just put 'D/S out-of-status' or what do you guys think?? Al, jacko, gcmarch, anybody???
 
Immi,

Just put "A visa, expired". Remember that you need to be truthful, this has no bearing on your paperwork because it will be forgiven. Also, you need to provide copy of your I-94 with your paperwork, so full disclosure is much better.
 
Al Southner said:
Immi,

Just put "A visa, expired". Remember that you need to be truthful, this has no bearing on your paperwork because it will be forgiven. Also, you need to provide copy of your I-94 with your paperwork, so full disclosure is much better.
Click to expand...

Thank you! I will do just that. Thank you again
 
I dont want to create another thread regarding my case so hopefully i will be using this same thread for all my questions regarding my i-130/i-485 process so please watch this thread. So far i have the following questions:

- Because my wife can't afford the health insurance from her employer, she has to apply for food stamp. But she had to lie because they told her that she wasnt qualify it, that she make enough. My question is, can this affect the i-130 petition?? can USCIS know about this and if they do, what will be the conquence?

- If we file in all the papers by this month or early next month and being that 2010 tax returns start later this month, am i going to recieve RFE for the most recent tax returns proof (2010)??

- i was told that USCIS has a limited number for A and G visa type holder that can apply for green card (he said 500 or so). How true is this?? I always think it is only those in f2 category that have that kind of quotas??
 
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