Wife of a US citizen, a lot of questions !

I

Ilek

Registered Users (C)
Hello everyone and happy new year !
I am very glad to have found this forum as I'm really afraid to send any form with a mistake...

I am Belgian, married to an US citizen and living in Florida with him. I came here with a Visa waiver in September (ended in December) but as our life has changed a lot lately (I'm pregnant) I haven't been able to send my application yet.

- First of all. If I need to travel after having sent all the documents but before having my Green Card, do I have to do something special to be sure I'll be able to come back ? I had heard I couldn't leave the US for three months after sending the applications, is that right ?

- It's a silly concern but... I have two middle names and there is not enough space to write those on the forms. Can I just "forget" one of them (but they are in my identity papers) or put an initial ?

- When filling the G-325A Biographic Information : I know I have to send it twice, one for me, one for my husband but am I the applicant every time or do I have to give my husband's information (last addresses, employment etc) on his documents ?

- When filling the I-130 : on point 21. I have to give the last address where we lived together. is that the last address where we lived abroad or is our current address in Florida good ?

- Here are my I-485 questions !
In part 1 :
Current USCIS status. I came with a Visa waiver, I am a visitor, right ? Is that my USCIS status ? (I've just been answered on the I-485 forum that i am out of status but after a quick look here I don't know if i'm out of status or overstaying or anything else...)
In part 2 :
I am applying for an adjustment to permanent resident status because : Other basis of eligibility ? Is "I am married to a US citizen" enough?
In part 3 : They ask for my nonimmigrant Visa number, the date and the consulate the visa was issued... is my I-94 number enough ? But it wasn't issued by any consulate...

That's all... I'm sure my questions seem silly but having so much documents to prepare is quite scary, you all know that ! I'll keep looking on the forum to see if the answers to my questions are somewhere but if any of you could help... Thank you !!
 
Last edited by a moderator:
Yeahhh there are too many questions together... I would try to answer some of them.
1. You can not travel if you dont have your green card with you first. (Wait 6 -8 months).
2. About your long name... just write on the application how you want your name, do not use long names.... they dont like it. One name, initial of your middle name and your last name.
3.Of course you need to give them the information of your husband.
4. They are not asking you for your address abroad. They are asking you for the last 5 address you were living including present address and address abroad.
5. Consulate or Embassy ... same !!!!
6.Of course you need to apply for employment authorization....it's the first document that they are going to send you. Unless you dont want to work until you get your green card.
 
Ilek said:
Current USCIS status. I came with a Visa waiver, I am a visitor, right ? Is that my USCIS status ? (I've just been answered on the I-485 forum that i am out of status but after a quick look here I don't know if i'm out of status or overstaying or anything else...)
Click to expand...
You are 100% definitely out of status, because you overstayed the maximum time allowed by the visa waiver, and have not switched to another legal status.

I hope you didn't get married very quickly after entering the US with the visa waiver. The visa waiver and tourist visas are not supposed to be used as a bridge to the green card, and you can be denied for misrepresentation if your actions shortly after entering the US indicate that you had a premeditated intent to stay permanently. If that is the case, be prepared to be hassled about it in the interview; you will have to convince them that you initially planned to return to your country before the visa expired, but something changed to make you decided to stay (like your pregnancy ... assuming you got pregnant after arriving in the US).
 
alimar said:
[..]1. You can not travel if you dont have your green card with you first. (Wait 6 -8 months).[..]
Click to expand...

That's not quite true. She could apply for advance parole (I-131). However, being out of status and all, I'd definitely make sure that there'd be no complications first.
 
She is not out of status. She is unlawfully present. That complicates matters significantly. Most attorneys will advise to not travel before you get the physical green card. Also, you should file the paperwork soon. If USCIS picks you up, you can be deported administratively without court involvement due to the conditions of the visa waiver program.
 
Hi,

go to US embassy in Japan. If you have been a resident of japan for 6 months you can file your I-130 with them that will shorten your wait time.
 
sk28 said:
go to US embassy in Japan. If you have been a resident of japan for 6 months you can file your I-130 with them that will shorten your wait time.
Click to expand...
Are you replying to the wrong thread by mistake? What does Japan have anything to do with a Belgian in Florida?
 
sk28 said:
Hi,

go to US embassy in Japan. If you have been a resident of japan for 6 months you can file your I-130 with them that will shorten your wait time.
Click to expand...

Yes wrong thread, sorry. But to answer the OP, you need to file your I-485 asap, you can file I-131 as you have not been out of status for more than 180 days. About your visa # you need to write None as you never got a visa number
 
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