F1 student, husband lied about sponsoring me and now jeopardized my status

[Jackolantern]

He's referring to a tax provision, not VAWA.

I know about the innocent spouse relief as a tax provision. But the IRS isn't chasing the OP for taxes, and taxes haven't been discussed in this thread for months. So I don't think the poster rpranesh actually meant to refer to anything tax-related, especially after bringing up "husband is a US citizen" -- immigration status has nothing to do with innocent spouse tax relief. The context indicates that VAWA was meant, and the wrong words "innocent spouse relief" were chosen.

 

[rpranesh]

I thought Innocent spouse relief act applied in broad, not just for tax. After I searched for it, it is only for tax purposes.

 

[kaylee]

If they have same-day oath in your location, he could get citizenship in April.

For a USC filing for a spouse, the GC interview can occur as quickly as 6 weeks. But normally it's somewhere from 2 to 4 months. Then maybe another month or two to get the physical card.

Thanks for the info. I guess even if he were to get it in April, by the time I apply and get everything squared away, June will be around the corner, so I could apply in April+6weeks=June~

 

[kaylee]

Can the innocent spouse relief act be used? Assuming that by law the husband is a US citizen.

Don't know what that's about but I guess for now I will stick with the regular process. Thank you

 

[kaylee]

Kaylee,

At least your husband has stopped lying, which is a good thing. Good luck with the process, hope the FP doesn't reveal any of his criminal activities. For example, lying to you..lol!!!

I see you still haven't lost your sense of humor. Good Day Mister Southner,lol.

 

[kaylee]

So guys, my husband's interview date is May 11th. If he gets approved, can I file on the same day and my 2-year anniversary is in June, is it possible that I can get an interview in June if I file in May? I don't want that to happen as I want to get the 10-years GC without any conditions attached to it. And since I am out of status, which forms do I need to file? Just I-485? Thank you again!

 

[happ]

I think you are going to be ok if you apply the same day in time terms, because and interview takes minimum 2 month in a half to arrive!

 

[Jackolantern]

So guys, my husband's interview date is May 11th. If he gets approved, can I file on the same day and my 2-year anniversary is in June, is it possible that I can get an interview in June if I file in May?

Do they have same-day oath in your location? If not, his oath date will probably be sometime in June or July.

But if they have same-day oath which enables him to become a citizen on May 11 itself, and you file the papers on the same day, there is a small chance you could get an interview in late June.

And since I am out of status, which forms do I need to file? Just I-485? Thank you again!

It's the I-485 plus a big stack of other forms. See http://forums.immigration.com/showt...een-Card-Do-it-Yourself&p=1975217#post1975217

But don't file I-131 (Advance Parole), because even if they approve it they won't let you use it to enter the US, due to your long overstay.

You need to make an appointment with a designated "civil surgeon" for the I-693 medical, so work on arranging that now if you want to file the papers in May. You normally need two appointments, an initial examination and then a follow-up to check your TB skin test and give you additional vaccinations if necessary. If you have vaccination records from childhood or later, the doctor will look at that and reduce the number of vaccinations based on what you already got and when you got it. So you may also need some time to get records from your home country.

 

[kaylee]

happ, I see. Thank you!

Jackolantern, how do I find out if they have a same day oat at his location? It's supposed to take place at the Baltimore Office!

For the interview, as long as I get a date after June 7th, I will be fine. Do you think I need a lawyer since I overstayed or is the application pretty straightforward? I was told that one needed a lawyer to make sure that everything is fine. The other thing is, we don't have any joint bank accounts or joint-leases as my husband's credit is bad, the lease is solely on my name, and we have separate bank accounts. I am under his health insurance policy and also a beneficiary of his life insurance. Besides that, we don't really have any other evidence ( we have tons of pictures) and a daughter together. Will that pose a problem?

If someone used a lawyer for this, how much did you have to pay? Thanks a lot!

 

[Jackolantern]

Jackolantern, how do I find out if they have a same day oat at his location? It's supposed to take place at the Baltimore Office!

I saw another thread showing that they have same-day oath in Baltimore.
http://forums.immigration.com/showt...ATH-letter-with-past-date&highlight=baltimore

Remember to make copies of his naturalization certificate before he applies for a US passport, because they will take away the certificate (for a few weeks) for the passport application.

For the interview, as long as I get a date after June 7th, I will be fine.

Even if you file on May 11, you're definitely not getting the interview before the second half of June. July or August is a more realistic date. And given that you haven't already scheduled the appointment, I doubt you'll be able to complete the medical and get the sealed envelope with the results before May 11.

Do you think I need a lawyer since I overstayed or is the application pretty straightforward? I was told that one needed a lawyer to make sure that everything is fine.

I think your case is quite straightforward.

The other thing is, we don't have any joint bank accounts or joint-leases as my husband's credit is bad, the lease is solely on my name, and we have separate bank accounts. I am under his health insurance policy and also a beneficiary of his life insurance. Besides that, we don't really have any other evidence ( we have tons of pictures) and a daughter together. Will that pose a problem?

Having a child will help a lot to compensate for the lack of joint documents. Make sure to bring your daughter's birth certificate to the interview. Also bring her US passport if you got one for her. But make sure you bring documents (including the bank statements) showing that you both have the same address, even if they're not joint. Don't go overboard with the pictures ... don't send them with the application; bring them to the interview but don't show them unless it's necessary. Include a few that you're willing to let them keep if they want to.

If someone used a lawyer for this, how much did you have to pay? Thanks a lot!

If you use a lawyer to handle everything end-to-end including accompanying you to the interview, it would cost somewhere in the $2000 - $5000 range. But if you use a lawyer just for a one-hour consultation to ask questions and review your GC paperwork before you send it in yourself, that should cost only about $200-$300.

 

[kaylee]

Jackolantern,
Thanks a lot! Wow, I did not know the lawyer fees could go up to $5000! for his citizenship application my husband only paid $750 and the lawyer will accompany him to the interview. Why is it so much more expensive with a GC application? So the medical takes time? I read somehwere that the results take about 3 to 5 days? I will go ahead and schedule an appointment now just to be on the safe side. On the I485 form, I read yesterday that you couldn't use that form if you had unauthorized employment while u were in the US. Back to my F1 times, I remember working part-time out of campus for a few semesters without USCIS authorization. How will that affect my application especially that on the Biography form, they ask for a 5-years employment history.

Thanks a lot again for all the information, I really appreciate it.

 

[kaylee]

Someone has an answer? lol

 

[Jackolantern]

Jackolantern,
Thanks a lot! Wow, I did not know the lawyer fees could go up to $5000! for his citizenship application my husband only paid $750 and the lawyer will accompany him to the interview. Why is it so much more expensive with a GC application?

First, the GC application is much more complicated than citizenship. Just one form, N-400, is required for citizenship, with a minimal set of supporting documents. Whereas the GC application requires about a half-dozen forms plus a pile of other supporting documents.

Also, there are varying degrees of involvement you can get from a lawyer. End-to-end is where they give advice, fill out the forms themselves (and only have you sign it), they submit it themselves, they will track it and follow up with USCIS if necessary, and will go to the interview. And some people's cases are more complicated than others. Is this lawyer giving end-to-end service, or just accompanying him to the interview?

So the medical takes time? I read somehwere that the results take about 3 to 5 days?

First you have to make an appointment. You have to make the appointment anywhere from 1 day to a whole month in advance, depending on how busy the doctor is.

At the appointment, they give you a skin prick for the TB test and take some blood. Then you have to return 5-7 days later for them to check your skin again, and to give you additional vaccinations if they couldn't give you all the shots the first time. Then you wait another week or two for them to send you the lab results in a sealed envelope (you open the outer envelope that was mailed to you, but leave the one inside it sealed when submitting to USCIS).

So the overall time frame from when you first call the doctor until you get the results is generally going to be close to a month, maybe more.

On the I485 form, I read yesterday that you couldn't use that form if you had unauthorized employment while u were in the US.

They make exceptions for spouses, parents, and under-21 children of US citizens who are filing for AOS, so you don't need to worry about that.

 

[kaylee]

Jackolantern,
Thanks again! For his citizenship application, the lawyer filled out the forms , and did everything else as far as tracking and all the other stuff. She will also accompany him at the interview. I contacted a different lawyer yesterday about the GC and he told me $2000 if he has to do everything and come to the interview as well. I asked him if he had a consultation package and he told me $500. That includes him reviewing all the forms before I file, unlimited phone calls and emails while I'm preparing everything, I can even fax or scan him one form at a time as I'm preparing them, and he will also prepare me and my spouse prior to the interview. Is that a good deal?

I see what you're saying about the civil surgeon, I thought it was just a physical, now I see its more detailed than that. Thank you!

 

[TheRealCanadian]

I asked him if he had a consultation package and he told me $500. That includes him reviewing all the forms before I file, unlimited phone calls and emails while I'm preparing everything, I can even fax or scan him one form at a time as I'm preparing them, and he will also prepare me and my spouse prior to the interview. Is that a good deal?

That strikes me as far better value for the money. Really, for most cases that's all folks need, rather than paying attorney extra to get their paralegals to fill out the forms for you.

 

[Jackolantern]

I asked him if he had a consultation package and he told me $500. That includes him reviewing all the forms before I file, unlimited phone calls and emails while I'm preparing everything, I can even fax or scan him one form at a time as I'm preparing them, and he will also prepare me and my spouse prior to the interview. Is that a good deal?

Yes, that is a good deal for the services he's offering (although don't take "unlimited" phone calls to mean really unlimited).

If you only need a one-time consultation (no additional phone calls or follow up) for him to discuss and review the completed forms (which you filled out on your own) right before you submit them, he'll probably cut that fee in half.

 

[kaylee]

TheRealCanadian,
Thats what I thought 2 because him filling out the forms is not really an advantage since you are the one giving him all the information anyways.

Jackolantern,
Yeh I think I will go with that! I think its a better value to pay $500 and have access throughout the process as opposed to paying for a one-time consultation and then running out of time and having to pay again or realizing later on that I have more questions! Thanks again. I really appreciate the help!

 

[kaylee]

I was able to find an appointment for the physical for next week. The dr. told me that the whole process takes about 3 days. I have to go twice so on Monday and Wednesday. I have records of immunizations so I don't need to have shots done again. She said the only immunizations needed are MMR & Tetanus.

 

[Jackolantern]

They'll make the final determination of which shots you need or don't need when they go through your records and see how long ago each vaccination was given to you. Don't accept that you need or don't need anything over the phone without them having seen your records yet. Although I figure it's quite likely that you won't need anything, or at most one shot, because you would have gotten some shots for your F1 visa which was not so long ago.

 

[kaylee]

Jackolantern,
Actually the dr. told me that MMR & Tetanus are the only 2 needed for immigration purposes so she asked me if I had those and because I did them like 5 years ago, she said I wouldn't need new shots. Are there any other vaccines needed that Im not aware of? Thanks!