Please evaluate the difficulty of my case!

L

lizbaius

Registered Users (C)
:confused:Hello all, first thank mmed and jk0274 very much for great help!

I am going to prepare the application for my GC, please give me some input about how long the processing will take on my following situation and how difficult my case will be... Thanks in advance!

(1) Entering USA with B1 visa, I-94 stamped from 04/30/01 to 08/29/01. Then approved by INS with the extension to 02/29/02 under B1 visa.

(2) Approved by INS with J1 visa from 03/01/02 to 02/28/04. Before expiration of J1 visa, I got married with USC on 12/26/03 stamped on marriage certification.

(2)Filing the application of J1 visa waiver based on exceptional hardship on 05/26/04, got an approval notice for J1 visa waiver on 08/26/08.

I am very worried about my case since there was such tough time to get my J1 visa waiver done. Please let me know how difficult I need to go through it, and how quick I can get the travel approval since my mother got very ill in my hometown.

Another point is that should I hire a lawyer, would be benifit from a lawyer???
 
lizbaius said:
:confused:Hello all, first thank mmed and jk0274 very much for great help!

I am going to prepare the application for my GC, please give me some input about how long the processing will take on my following situation and how difficult my case will be... Thanks in advance!

(1) Entering USA with B1 visa, I-94 stamped from 04/30/01 to 08/29/01. Then approved by INS with the extension to 02/29/02 under B1 visa.

(2) Approved by INS with J1 visa from 03/01/02 to 02/28/04. Before expiration of J1 visa, I got married with USC on 12/26/03 stamped on marriage certification.

(2)Filing the application of J1 visa waiver based on exceptional hardship on 05/26/04, got an approval notice for J1 visa waiver on 08/26/08.

I am very worried about my case since there was such tough time to get my J1 visa waiver done. Please let me know how difficult I need to go through it, and how quick I can get the travel approval since my mother got very ill in my hometown.

Another point is that should I hire a lawyer, would be benifit from a lawyer???
Click to expand...

According to the I-485 instructions, you should be fine since you received the J1 waiver.

J1 waivers are time-consuming due to requiring a foreign country to agree to waive their right to benefit from your training, as required by international treaties. You've passed the toughest part.

As long as you submit every last piece of required documentation, AP usually takes under 3 months. It takes 3-4 if they request further evidence from you.

Lawyers usually don't hurt your case, just your wallet. You will probably be fine following the "do-it-yourself" sticky in this forum, but lawyers do save a ton of time in researching what/how to file and making sure you have every required piece of documentation. It's a cost-benefit decision but if I were in your shoes I'd try do-it-yourself since your case is relatively straightforward. You can always get a lawyer later if you get into problems.

-ML

K1 -> I-485 -> I-751 -> N-400

Now filing I-130/I-485 for parent...
DO: Santa Ana, CA
 
Thank ML for the evaluation of my case!

There are two other problems that I have right now.
(1) my passport, which was expired on 08/12/08 since been waiting for J1 waiver so long;
(2) taxes, which my husband hasnt filed for 2007.

Of these problems, I am wondering if INS will reject to process my case, and is it possible that I may file some documents for GC first instead of waiting for the taxes done and doing nothing right now?

Thanks for your help and any input!!!
 
I'll take a stab at responding:

lizbaius said:
(1) my passport, which was expired on 08/12/08 since been waiting for J1 waiver so long;
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I didn't see a requirement that the passport must be unexpired in the instructions of the I-130/I-485, but you should get it renewed at your local consulate/embassy if you can to be safe. There may be other general immigration laws requiring a valid passport to stay in the US (I don't know).

lizbaius said:
(2) taxes, which my husband hasnt filed for 2007.
Click to expand...

If your husband didn't need to file (due to income level) then he can state that on the I-864, but you'll probably need a joint sponsor. If he needs to file then USCIS usually requires filing (even if late), I'm not sure why you say "waiting for taxes", you can go online to many tax software websites, and complete/file your taxes in a matter of hours.

-ML

K1 -> I-485 -> I-751 -> N-400

Now filing I-130/I-485 for parent...
 
Thank ML_Boston for your suggestion! Yes, I have gone to embassy for the passport changing from public one into private one, but I am afraid that I wouldnt be able to get it so easy, so that I have to submit a copy of expired passport when I apply for GC. This is the problem that I am very concerned about.

Based on my status, I think that I must be overstayed, I would like to know if INS will give me the trouble when I apply for GC by doing myself.

Thank TheRealCanadian for your reply! I got B1 visa first when I entering USA, I-94 stamped from 04/30/01 to 08/29/01, then after that I got an offer of J1 visa from University, the duration of J1 visa is from 03/01/02 to 02/28/04.

Your opinions are so valuable, I appreciate so much!
 
lizbaius said:
Based on my status, I think that I must be overstayed, I would like to know if INS will give me the trouble when I apply for GC by doing myself.
Click to expand...

Just to confirm, what was the expiration date of the J-1 I-94?

I suspect you have overstayed and are subject to the 10-year re-entry bars. If that is the case you should not leave the US under any circumstances until your GC is approved.
 
lizbaius said:
Thank ML_Boston for your suggestion! Yes, I have gone to embassy for the passport changing from public one into private one, but I am afraid that I wouldnt be able to get it so easy, so that I have to submit a copy of expired passport when I apply for GC. This is the problem that I am very concerned about.

Based on my status, I think that I must be overstayed, I would like to know if INS will give me the trouble when I apply for GC by doing myself.
Your opinions are so valuable, I appreciate so much!
Click to expand...

Hi,
when I filed for AOS my passport was expired, too (it expired in Feb) and I haven't had any problems with it so far. Right after sending my AOS I applied for a new passport in my consulate, it took 3,5 months to get it, now I have it already along with my old expired passport to show my visa and legal entry during the interview. I really think that you will be fine when you file with a copy of your expired passport, just when you get a chance, try to renew it with your ambassy or consulate (in case you need a stamp after interview or anything like that).

If you overstayed (like I did) and now are adjusting your status based on marriage with USC, your overstay should be forgiven.

Good luck!
 
To TheRealCanadian, J1 I-94 is expired 02/28/04, but I was married with USC on 12/26/03 before the expiration.

To Ella04, could you tell me what " your AOS" stands for, Affidavid of Support or Adjustment of Status? Did you apply for the adjustment of Status? Someone told me that I need the adjustment of status, someone said that I dont need it. How do I really know that I need the adjustment?

Thanks for all of your input!!!
 
lizbaius said:
To TheRealCanadian, J1 I-94 is expired 02/28/04, but I was married with USC on 12/26/03 before the expiration.
Click to expand...

Your marriage is irrelevant, since marriage to a US citizen on its own gives you no right to stay in the country. The point is that starting February 29th, you started accumulating illegal presence. After 180 days you became subject to the 3-year re-entry bar. On March 1st, 2005, you became subject to the 10-year re-entry bar.

DO NOT LEAVE THE UNITED STATES UNDER ANY, REPEAT ANY, CIRCUMSTANCES UNTIL YOU HAVE RECEIVED YOUR GREEN CARD. DO NOT APPLY FOR ADVANCE PAROLE.

Sorry for the emphasis, but that's critically important.

To Ella04, could you tell me what " your AOS" stands for, Affidavid of Support or Adjustment of Status? Did you apply for the adjustment of Status? Someone told me that I need the adjustment of status, someone said that I dont need it. How do I really know that I need the adjustment?
Click to expand...

In order to become a Permanent Resident, you MUST apply for Adjustment of Status within the United States, and part of the evidence is the Affidavit of Support. Generally, AOS refers to adjustment of status. You cannot get an immigrant visa at a consulate abroad because you are subject to the re-entry bars.
 
AOS= adjustment of status. This is what you need, the form I-485, and other forms with it (I-130, I-864, g-325a, I-765 if you want to work) Don't apply for AP (advance parole, form I-131) since you overstayed and could not be allowed back in the country if you leave.
Yes, I have applied for Adjustment of Status and this is really the only way you can get GC here, in the US.
 
Hi ML,
i have similar situation with Lizbaius stated.

My husband ONLY has tax return 2007. He didn't file tax on 2006/2005 because 2005 he was in oversea, Taiwan and not working and 2006 he was in USA but not working. He did't file tax because no income. He worked again at 2007 that is why he has 2007 tax return record.

My question is- question 25 (Federal income tax information)
1] i have to fill most recent year, 2nd most recent year, 3rd most recent year
most 2nd & 3rd will be filled as zero, do I have to explain why it is zero in separated sheet???
2] If yes in #1, Should I write he has no job in 2005/2006, do I have to mention him was in oversea?
3] same above in #2, Should I mention he didn't file tax return on 2005/2006 or just simply say " he didn't have job in 2005/2006", do you think this is right statement.

Your reply will be highly appreciated.
Karie
 
rickylala said:
Hi ML,
i have similar situation with Lizbaius stated.

My husband ONLY has tax return 2007. He didn't file tax on 2006/2005 because 2005 he was in oversea, Taiwan and not working and 2006 he was in USA but not working. He did't file tax because no income. He worked again at 2007 that is why he has 2007 tax return record.

My question is- question 25 (Federal income tax information)
1] i have to fill most recent year, 2nd most recent year, 3rd most recent year
most 2nd & 3rd will be filled as zero, do I have to explain why it is zero in separated sheet???
2] If yes in #1, Should I write he has no job in 2005/2006, do I have to mention him was in oversea?
3] same above in #2, Should I mention he didn't file tax return on 2005/2006 or just simply say " he didn't have job in 2005/2006", do you think this is right statement.

Your reply will be highly appreciated.
Karie
Click to expand...

If there was no income then you'd put zero in years 2 and 3. I'd also recommend attaching a letter on a separate sheet. The less confusion for USCIS the better.

-ML

K1 -> I-485 -> I-751 -> N-400

Now filing I-130/I-485 for parent...
 
ML,
First, thanks a bunch to reply me. I appreicate it.

Yes, i figure out, i should fill zero in year 2 & 3 and separated paper to state my husband wasn't employed during 2005/2006. Do you think I should mention he was not in the state? For sure, don't write he didn't file tax during 2005/2006, right?

Also, do you think if I enclose his 2008 salary stub will be helpful in this situation? This can show he is able to support me. Do you think this make sense to you?

Thanks,
Karie
 
TheRealCanadian, Thank you so much for your consideration about my situation!!! As you said, my status now do not allow me to leave here. I will not leave untill I get GC done.
 
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