Johnny Cash, need your help and sent you PM.

Ocworker

I found your private messages. They were burried with other PMs as I receive at least 40-50 PMs a day. And it is almost impossible for me to answer each of them to the best of my ability.

I will respond to you accordingly as I'm in the middle of doing something very important.

Take care.
 
Last edited by a moderator:
JohnnyCash said:
I found your private messages. They were burried with other PMs as I receive at least 40-50 PMs a day. And it is almost impossible for me to answer each of them. I do my best to respone each of them.

I will respond to you accordingly as I'm in the middle of doing something very important.

Take care.

i understand it and i truely thankful for your help. again thank you very much.
 
Ocworker:

“would she need to wait for a long for the green card once she comes to US based on I-129F?”

The waiting time for her to get approved for a green card would depend upon the processing time of I-485 in the INS office in your jurisdiction. Her coming here on I-129F won’t make any difference in her case when it comes to I-485.


“How quick would she get approved for I-130?”

It depends upon the Service Center that has jurisdiction on you. You can check the processing time with them online. Each service center has their own different processing time. I would say that it normally takes 1-3 months at most.


“I am so confused on the whole processing for I-129F and I-130”

Well. Both will take some time. I-129F could take 6-9 months altogether. You cannot file I-130 for her because you are not related to her yet. The only time you could file I-130 if you get married with her, which means you would need to go to her. But if you want to file I-130 after marrying her, then I can do that. It will take almost same time. But the difference is-she will be able to get green card within 6-9 months thru I-130. But if you choose to do I-129F then it will take 6-9 months only for a fiancé visa and then another 1-2 yrs more for adjusting status here thru I-485.


“by the way, what kind of forms do i need for I-130 and I-129F?”

Like I said, you cannot file I-130 for her if you are not married with her. And, you cannot file I-129F as well unless you have met her within 2 yrs. To know about documents and other information, you should visit the websites I posted before to you on board because it has ALL the information. If I would post that information again, then it will be waste of my time. Visajourney is the best for this.

If you ask my personal opinion, then I would say that you should go to her and marry her over there right away. File all the paperwork in US embassy where she lives if Consular Processing is allowed in that US embassy. Not every US consulate allows consular processing. If they do, then your girlfriend could be able to get green card within 4-5 months altogether. But you have to go with her in Embassy first time, wherein they will approve the I-130 right away on the spot. But each US consulate has its own rules on consular processing. Such as-In India, a US citizen must have to live at least 60 days before applying all the paperwork for his wife/immediate relatives. You should visit US Department of State website to find the local US consulate in your girlfriend’s place, and try to find out what is their local requirements for consular processing. Consular processing is best and fastest if you ask me.

If the US embassy doesn’t allow consular processing in your girlfriend’s place, then you should file I-130 for her here in the US right away after being married. You can even mail your application from abroad to here to service center. It would take 6-9 months then for her to get green card.

I won’t advise for fiancé visa because it will take a long time to get a green card thru fiancé visa.

I strongly advise you to check those links that I posted before.

http://immigrationportal.com/showthread.php?p=1310472#post1310472

You would find the answer to you all questions.

Good Luck!
 
JohnnyCash,

thank you for your information. I will check out all websites you mentioned before and the Dep of State for the consular process. I have been her in person in past 4 yrs (prior that, we met in her country while I was there working on a project). Does it matter how long did I stay per trip while visiting / meeting her? Most of the time it was around 2-4 weeks. Also, I do not have any air tickets (i used the FF miles to get the ticket to visit her however i did not keep any more records), receipt of the hotel (trashed them while i moved to OC)... etc. Would they need any proofs? i have pictures which dated.

if I-130 is faster since she does not need to wait for the I-485 anymore, I would get married with her in her home country, and then file I-130. I thought I would want to get her to US via I-129F, and hopefully to get the AOS faster.

By the way, during the AOS period, could she travel? Actually, i do not really care if she would get her greencard right the way or not. As long as she can travel while I-485 is pending, it is ok with me thou. However, what are the procs and cons about my idea? could she work in US legally when her I-485 is pending?

The current PD of I-485 in CA is Jun 16, 2005. Is it fast? or slow?

thanks again for your time and helps.
 
JohnnyCask - Thanks for your informative responses

They are quite helpful.

I am a US citizen who is currently staying in India to satisfy the 60 days rule before I can apply I-130 for my wife at the US consulate in New Delhi. Nice to hear that filing DCF is still the fastest route to get my wife to US.

Thanks again for your help.
 
Ocworker:



“Does it matter how long did I stay per trip while visiting / meeting her?”

It doesn’t matter how long you stay. You can return back after 2 minutes of meeting her if you would like to do that. What is more important and required-you must need to meet her in person.


“I have been her in person in past 4 yrs”

That meeting was a long time ago, which cannot be used for fiancé visa. You MUST need to meet her within 2 years.


“Would they need any proofs?”

Of course, they need proof like any other immigration benefit. I think you know this better. If you don’t have any proof then they will deny your petition for her. Burden to prove a case lies upon petitioner, and not on INS. I can only advocate on what is required to prevail in this immigration ball game, but I cannot arrange documents for people. They have to arrange documents/evidences/proofs by their own.


“during the AOS period, could she travel?”

Yes. She can travel outside the US while AOS will be pending for her, but she must need to obtain AP (advance parole). I don’t know why are you talking about AOS for her because she cannot file AOS if she is not here. Those who are in the US file AOS. Only way she could be able to file AOS if she comes here on fiancé visa (or other visa).


“could she work in US legally when her I-485 is pending?”

Yes. But she would need to file I-765 for work permit.


“The current PD of I-485 in CA is Jun 16, 2005. Is it fast? or slow?”

You are not kidding, right? This is best you can ask for I-485; otherwise some places it is taking almost 3 yrs like in NYC. But again, she cannot file AOS if she is not here.

Ocworker, you need to meet her, no matter what, whether you would like to file I-129F, or I-130. Without meeting her in person, you cannot file anything for her. If you choose to go there to meet her, then you would need to keep all the documents to prove that you met her like airline tickets, photocopy of your passport pages of having traveled there, pictures together and with her family, and you would need to have emails/mail/postcards and other proofs to show that you guys are courting each other.

Good Luck!




Bobbyz:

Good luck to your wife in India. Where do you live in India?
 
Last edited by a moderator:
JohnnyCash

JohnnyCash said:
Ocworker, you need to meet her, no matter what, whether you would like to file I-129F, or I-130. Without meeting her in person, you cannot file anything for her. If you choose to go there to meet her, then you would need to keep all the documents to prove that you met her like airline tickets, photocopy of your passport pages of having traveled there, pictures together and with her family, and you would need to have emails/mail/postcards and other proofs to show that you guys are courting each other.

Thanks JC again. I will meet her sometime between Feb - April next year because I normally visit her once a year (vacation).

Sorry that i might not understand it correctly.

If i want to go with the I-129F, I will need to meet her within past 2 yrs, which i understand.

However, does it have to count how many times I would need to meet her in person within past 2 yrs?

would 1 time be enough? or i would need to make extra trips (since i might not be able to gather the travel tickets which i used for the trip in Feb 2005)?


I know you mentioned it has to be within past 2 yrs. I just hope I could get the tickets/receipt/hotel.. etc for trips i made within past 2 yrs.

By the way, normally I travel to my home country, and she flies there to meet me. Would it be enough to show we had met in past 2 yrs (or she would have to show her tickets, and visa to my home country)?
 
Last edited by a moderator:
JohnnyCash

JohnnyCash said:
“during the AOS period, could she travel?”

Yes. She can travel outside the US while AOS will be pending for her, but she must need to obtain AP (advance parole). I don’t know why are you talking about AOS for her because she cannot file AOS if she is not here. Those who are in the US file AOS. Only way she could be able to file AOS if she comes here on fiancé visa (or other visa).


“could she work in US legally when her I-485 is pending?”

Yes. But she would need to file I-765 for work permit.

JohnnyCash, thank you for your reply again.

the reason i mentioned about AOS because I want to know what kind of steps would have to go thru if I apply her to come to US on fiance visa. at least, after you explained to me, if she comes to US on fiance visa, she still could apply AP, and I-765 after (or at the same time?) she files the AOS.

I just tried to understand the whole process so i know what is my options / steps have to go thru if I (1) apply her to come on a fiance visa; or (2) apply her to come based on a relative.

Of course, for (2), i will need to get married with her in her home country, and i just hope i can find a translator to translate the marry license from chinese to english when I am in taiwan; and for (1), i would need to gather all the documents.

thanks again.
 
Last edited by a moderator:
To get a fiancé visa for her, one time meeting with her is enough, but that meeting MUST have to be within 2 yrs before filing I-129F.

The requirement of meeting a fiancé could be waived by INS if you or your fiancé’s culture/custom/religion prohibits either of you to meet in person before getting married. If so, then you don't need to travel to meet her; rather you can start the process for her right away. But it is not hard to prove this "waiving" thing and INS might not get convinced as they are fully aware of cultural and religious beliefs when they adjudicate these applications. If you would like to gamble, then you may try this. But then, don't be surprise if you would waste all the time, money and effort for nothing.

It seems to ME that you are not serious about this girl. Otherwise, why do you like to visit her ONLY next year in April or May? Otherwise, I've NEVER met or heard of anyone for waiting for such a long time to bring his/her loved ones, trust me, even if they have job reasons to stay here. Because, they always find a way just to make a trip, even for 2 days, so that they could start the process right away.

I could be wrong, but I personally don't think that you want to help this person for immigration benefit for the reason of spending your life with her; rather it seems to ME that you are just wanted to help her in obtaining immigration benefit, especially when you made many statements before that you are not worried about her getting green card right away or about her obtaining AP so that she could go back to her country.

Anyway, don't worry to explain anything. It's not my business, but I just said what I felt. But if you really want to be with her, then you should visit her as soon as possible so that you could start the process for her.

Good Luck.
 
Top