July 2011 Filers
- Thread starter mantikos
- Start date
ananga73
Registered Users (C)
Hi all I'am new to this site & process...I mailed my package today
Just an brief description of my case..I' am a USC filing for my spouse who has overstayed visit. We have been married for 6 yrs. and have two children together...He has never had any trouble w/ the Immigration although he did receive a DWI like around 10 yrs, which I do have a certified copy stating he has completed and owes nothing in regards..I know I have waited many yrs to file but "it is what it is" (no excuse)... I was hoping someone could shed some light on the process, as far as how long would it take, do we have a clean case, etc...Any guidance is greatly appreciative..
You have a pretty solid case. Two kids and six years of marriage. The DUI conviction I believe if only once would have been a misdemeanor. That would not be considered a "crime of moral turpitude". The process will take about four to six months if everything goes smoothly. Otherwise it could take an indeterminate amount of time. See below
The Board of Immigration Appeals has found that an ordinary DUI conviction does not involve moral turpitude. See Matter of Lopez-Meza, Int. Dec. 3423 (BIA 1999). An ordinary DUI conviction does not involve a “culpable mental state requirement,” such as intent or knowledge. In Matter of Lopez-Meza, the Board found that the crime did indeed involve moral turpitude because the alien was found to have the aggravating factor of operating the vehicle following the suspension of his license. The important distinction for the Board was that the aggravating factor of the suspended license required a showing that the offender knowingly drove with a suspended license. Thus, if a state has an ordinary DUI statute that would generally not be considered a CIMT, aggravating factors could change the crime to one involving moral turpitude.
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@ ananga73 first off thanks for your quick response and Yes, we have two children we have only been married for 6 yrs but have been together for over 15 yrs..Our oldest child just turned 14 and our youngest is 12... The DUI conviction was consider a misdemeanor and was over 10 yrs ago. and yes only the one offense no others charges since then.. but he entered with a visa back in 1996 and has overstayed his visit and has been in the US ever since...Has never returned to his home country,,
ananga73
Registered Users (C)
Overstaying your visa is forgiven when you marry a US Citizen so no problem there. Does he still have his I-94 from entry? If not you need to get a replacement one because USCIS will ask to see it to confirm he was admitted legally into the country.
From the looks of things, you're good. Go to the interview with the kids and their birth certificates showing both your names. I wish I had the kind of living evidence you have
For Sample I-94 see:
http://www.grasmick.com/yourgoal.htm
From the looks of things, you're good. Go to the interview with the kids and their birth certificates showing both your names. I wish I had the kind of living evidence you have
For Sample I-94 see:
http://www.grasmick.com/yourgoal.htm
@ ananga73...He has his Passport that was stamped when he entered....And I wasn't sure if I wanted to take the kids to the interview or not, still haven't decided even though we do not have anything to hide, you know the kids says the darnedest things..lol...One detail I forgot to include is that several yrs ago we were separated and he had another child who is now 7 yrs old..Not sure how that's going to effect our case if any?? I don't mean to pry but I take it your a widow?? If so, I 'am so sorry to hear that
ananga73
Registered Users (C)
Great, make sure it has the I-94. Very important
I understand, they sometimes operate as if on a different planet.
. Whatever you decide, take the birth certificates alongThat is a very minor complication. Don't stress about it.Things happen in life you know. Is any of your kids younger than this kid? That will show definitively you guys got back together not just to get a green card for him. Even if none of your two kids is younger than the other kid, I am sure you have lots of evidence to prove a bona fide marriage especially after you got back together. You know the drill, pictures, joint bills, joint property, the whole nine yards. Do not forget to name all the kids [including his] on the I-130/I-145 petition in the appropriate section though they are citizens. That will be a blunder as if you have something to hide.
Excellent, then he has no bar to be worried about.
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That would be nice if they did that......
@ anaga73 There is no I-94 my husband does not recall receiving an I94, the atty also mentioned they might not issued I94 back then??? So, I honestly do not know if he received one or not?? Yes, I will def take the original Birth cert that have both names...And no both our children our older than the other child considering I had a tubal done after my last child. But we did get married after we reconciled. And yes i have joint documents for ex: Insurance cards, utility bills, photos, etc. He currently has a expired driver's license since in our state they NOW require a SS# to renew or get a DL??
ananga73
Registered Users (C)
When did your husband enter the country? They started issuing I-94's a while back
, I believe over 20 years ago. I am asking because USCIS is very particular about the I94. That is the only proof of legal entry they typically accept.Verify this information. You have a solid case, don't let this cause delays in your processing. Get the I-94, or make sure it had not been introduced around the time your husband entered the USA.
Good Luck.
I am a July filer as well. Many people filed after me received email/text notification and got checks cashed. I have not heard anything after mailing out the packet. I start to worry if I sent it to the correct address. I tracked it though.
07.05.2011 - packet with I-130, I-485, I-765, and I-131 sent to Chicago, IL via USPS Express (per instruction, I put in the street address instead of PO box)
07.16.2011 - packet delivered to USCIS (the tracking record says "The delivery record shows that this item was delivered on 07/06/2011 at 09:57 AM in CHICAGO, IL 60603 to J C")
hopefully I will hear something soon. Good luck to me and to all July filers!
07.05.2011 - packet with I-130, I-485, I-765, and I-131 sent to Chicago, IL via USPS Express (per instruction, I put in the street address instead of PO box)
07.16.2011 - packet delivered to USCIS (the tracking record says "The delivery record shows that this item was delivered on 07/06/2011 at 09:57 AM in CHICAGO, IL 60603 to J C")
hopefully I will hear something soon. Good luck to me and to all July filers!
Well look at my sig and you will learn you are not caught up alone in the random way these guys work...
ananga73
Registered Users (C)
Wow that is fast. I mean unheard of fast! You might have the record right there. No your wife does not need to get finger printed, only we aliens
need to be input in the database.