need help with i-130 filing, illegal working issue and other issues..pls help !!

K

kanhaiya80

Registered Users (C)
Hello everybody,

Thank you very much for taking time to read my problems.

I came to United States in Aug. 2001 on my F1 visa. Returned back to my country, Nepal in April 2006. I applied for renewal of F1 visa for three times in a row and denied...no reasons given. My girlfriend came to Nepal in July, 2007 and we got married. She is back in the US now and she will soon be filing i-130 on my behalf. So, I had a few questions in this regard. I would be very very grateful if anyone can share their experiences or help me with suggestions.

1. I was denied F1 visa 3 times in a row before... will that have any kind of catastrophic effect on my petition or my immigrant visa after the approval ?

2. When I took the semester off, my I-20 was endorsed by the international student director of my school on Jan. 20, 2006. But I left US on April 11, 2006 (only after 81 days). I did not know that I must leave within 15 days of taking the semester off. Will these 81 days be considered overstay ? Even if it will be considered a overstay, since it is less than 5 months, I read somewhere that I can be barred from entering US only for 1 year. I have been in Nepal for last 15 months. So, can somebody please throw some light on this ?

3. While I was in the United States, I worked at a lot of places without any authorization. What kind of effect illegal working can have on my petition and immigrant visa? I have been looking at this g-325a form. I have to provide information about the places where i worked for last 5 years. After doing my researches, I now know that lying will not help at all. So, I want to list all the places where i worked but the problem is I don't remember all the dates that well. How picky are they about the dates? Please help me this also guys.

Also, when I am done filling out g-325a, do I sign it where it says signature of the applicant? I was thinking my wife is the applicant/petitioner but again, I am filling my information in the form. please help me clear this dilemma.

4. My wife wants to change her last name from Anderson to Sharma. Will that move have any negative or positive effect on the petition or visa?

5. My wife does not work. She still goes to school. My question is the person signing the affidavit of support..how much should he/she be making a year to be able to sponsor my stay in the US?

6. Should my wife or me be filing any other forms along with I-130?

7. Is there anything else that you want to tell that my questions have not covered ?

I just do not want to take any chances. That is why I am asking so many questions before filing the petition.

Your answers will be higly appreciated. if anyone of you want to email me directly, please email me at kanhaiya80@yahoo.com.

Thanks a lot
 
check these out
1.(http://www.visapro.com/Immigration-Articles/?a=349&z=36)
2. (http://www.workpermit.com/us/family_visas/spouse.htm)
3. (http://travel.state.gov/visa/immigrants/info/info_1327.html)

first of all, you shouldn't really wory about u're denailas or overstay though it will raized a flag during u're interviews at the consulate. For the overstay, there are very legitimate reason like finances for airfare wasn't readily available, girlfriend/fiance health problems, or a very tough situation that she needed u're physical/emotional support etc. etc..
she has to do the filling then they will call you to u're consulate in Napal for an interview, then u will be able to come over.
About the sponsor if she is not working she needs to find someone that she konws very well that makes at least a little more than the estimated 125% poverty guideline based on that persons family size plus you the beneficiary, the u should be fine. THIS ONE IS VERY IMPORTANT, THE USCIS HAS REASON TO DENNY U'RE APPLICATION BASED ON THIS ONE .. ie IFYOU DO NOT HAVE A SPONSOR THAT MEETS THAT 125% GUIDELINE BASED ON U'RE FAMLY SIZE.
About he employment dtae, i'll put what u know and what ever you can't remeber just but "N/A" by that u are not charged with falsified information, and u should be fine, they will do their home work if they really want to know the dates or they'll just let that fly by. nIf you also filled for income tax returns while u were here i suggest that u get copies nad have it with u because thay migh ask u when u go for interview.
for any other concern please follow the link above, read carefully and do not hessitate to call the USCIS, they also are very helpful in answering questions.
 
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since you had D/S in your I-94, you didn't accumulate any illegal presence. ANd even if you did, you didn't accumulate over 180 days - which would be a problem.

Do list all of your employment honestly. You don't want to risk a life-long ban on ever entering the US for lying to the consular officer.
 
Thanks for answering guys

Thanks goodisgoodtome,
If I am not wrong, I need the sponsor(affidavit of support) only at the time of interview (after approval of i-130 petition) at consulte in kathmandu,nepal? And also please help me understand...the sponsor could be anybody that I know or my wife knows, right?

Thank you LucyMO,
I understand that i should not lie to consular officers about my job or anything. During my F1 visa interview, the officers asked me about my job and I only told them only about two of the jobs that I did with proper authorization. So, now when I tell them about all the jobs, will they hold it against me that I "concealed" if not necessarily lied about my jobs?

Thanks a lot guys
 
the sponsor could be anybody that I know or my wife knows, right?
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the co-sponsor needs to be a USC or LPR with sufficient income. Your wife is still your sponsor.

During my F1 visa interview, the officers asked me about my job and I only told them only about two of the jobs that I did with proper authorization. So, now when I tell them about all the jobs, will they hold it against me that I "concealed" if not necessarily lied about my jobs?
Click to expand...
they may or they may not. That's why it's better to tell the truth every time.
 
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