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Immigration Dealing with INS and other related issues.

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  #1  
Old 05-01-2012, 03:20 PM
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Default Best course of action for me to relocate to U.S. if he is on parole there?

Hi there!!

I really need some advice...I met my new husband via a prison pen pal site and we were writing to each other for two years until he was released in February 2012. During the time he was incarcerated I visited him twice from England and when I returned to the states in February I stayed until the end of April during which time we got married.. I have now returned home because I have a life here in the U.K and I need to know the best course of action so I can relocate to the states to be with him. Does anybody out there know the best course of action and whether him being on parole can affect my application for residency? Is it worth hiring an immigration lawyer? Is there any chance I would be turned down? I am so very fearful of all that lies ahead and I just want as much advice as I can get....................

Thanking all you lovely people in advance.......
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Old 05-03-2012, 05:27 AM
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the best way is to call american ambassee in your country. because you're already married you need to file a K-3 Its a difficult process but you can do it by yourself. mostly a immigrationlaywer just costs a lot of money. Good luck ;-)
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  #3  
Old 05-04-2012, 05:36 AM
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Thanks Mhis....Do you know if my hubby has to file the I-130 Alien petition first or do we just file the K3? I think were going to hire an immigration lawyer because it will take the strain off us.......I know it will cost a bit but I think it will be worth it.......

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the best way is to call american ambassee in your country. because you're already married you need to file a K-3 Its a difficult process but you can do it by yourself. mostly a immigrationlaywer just costs a lot of money. Good luck ;-)
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Old 05-04-2012, 02:01 PM
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Here is some more info...

K-3/K-4 Nonimmigrant Visas

Immigration law allows the alien spouse of a U.S. citizen and his or her minor children to be admitted to the United States as nonimmigrants while they are awaiting the adjudication of a Form I-130 Petition for Alien Relative. It also allows them to obtain employment authorization while they are waiting.
Eligibility

To be eligible for a K-3 nonimmigrant visa, an individual must:
  • Be married to a U.S. citizen
  • Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf
A child may be eligible for a K-4 visa if:
  • He or she is unmarried, under 21, and the child of a qualified K-3 nonimmigrant visa applicant
Note: In order for a K-4 who is a step-child of a USC to immigrate as a relative of the USC step-parent (whether through adjustment of status in the United States or an immigrant visa abroad) the marriage between his or her parent and the USC must have occurred before his or her 18th birthday.

Application Process
Before applying for a K-3 nonimmigrant visa, please read and understand the limitations of the K-3/K-4 nonimmigrant visa described below.
To obtain a K-3 nonimmigrant visa for your spouse, you (the U.S. citizen petitioner) must file two petitions with USCIS on his or her behalf.
Form I-130: First, file a form I-130 on behalf of your non-citizen spouse with the Chicago Lockbox. You will then receive a Form I-797, Notice of Action, indicating that USCIS has received the Form I-130. Note: Form I-130 does not need to be filed on behalf of the child of a K-3 beneficiary in order to obtain a K-4 visa. Form I-130 does, however, need to be filed on behalf of the child of a K-3 beneficiary in order for the child to be eligible for permanent resident status.
Form I-129F, Petition for Alien Fiancé(e): Next, file form 1-129F on behalf of your non-citizen spouse with the Dallas Lockbox after filing Form I-130. Include a copy of the I-797, Notice of Action, indicating that USCIS has received your Form I-130, on behalf of your non-citizen spouse. There is no fee when filing a Form I-129F for a non-citizen spouse (K-3). If your non-citizen spouse has any minor children seeking K-4 nonimmigrant visas, they should be listed on the I-129F filed on your spouse’s behalf.
If approved, USCIS will forward the I-129F to the U.S. Department of State for consular processing.
Then the non-citizen spouse and any minor children will then need to apply to the U.S. Department of State for the K-3 or K-4 nonimmigrant visa. For more information on the visa application process, see the “Nonimmigrant Visa for a Spouse (K-3)” link to the right.
Benefits and Limitations of K-3/K-4 Nonimmigrant Visa
The benefits of the K-3/K-4 visa include:
Once admitted to the United States, K-3 nonimmigrants may apply to adjust status to a permanent resident at any time. Upon admission to the United States, K-4 nonimmigrants may file an application for adjustment of status concurrently with or at any time after a Form I-130 has been filed on his or her behalf by the U.S. citizen petitioner.
Upon admission, K-3 and K-4 nonimmigrant visa holders may obtain employment authorization. They can obtain evidence of eligibility to work legally in the United States by filing Form I-765, Application for Employment Authorization. Upon filing an application for adjustment of status, K-3 and K-4 nonimmigrant visa holders may also apply for employment authorization based on that pending application even if the K-3 or K-4 nonimmigrant status expires.
The Limitations of the K-3/K-4 Nonimmigrant Visa
When the K-3’s I-130 reaches the Department of State, an immigrant visa is immediately available to him or her such that the he or she and his or her children are no longer eligible for K-3/K-4 nonimmigrant status, but rather must immigrate as lawful permanent residents. If the K-4 does not have an approved I-130 at the Department of State at that time, he or she will be ineligible to immigrate with the spouse of the USC.
Therefore, while there is no requirement that a separate Form I-130, Petition for Alien Relative be filed on the child’s behalf for the purposes of obtaining a K4 visa, it is advisable that the USC petitioner file a separate I-130 on the child’s behalf concurrently with the I-130 that he files for the spouse.
The Department of Homeland Security only admits K-3 or K-4 nonimmigrant visas holders for a 2-year period. K-3 or K-4 nonimmigrant visa holders may apply to USCIS for an extension of status in 2-year increments as long as the marriage-based I-130 visa petition or a corresponding application for adjustment of status or visa application is still pending adjudication.
For more information, see the “Nonimmigrant Visa for a Spouse (K-3)” link to the right.
Automatic Expiration of a K-3 Nonimmigrant Visa

A K-3 visa holder's authorized stay automatically expires 30 days after any of the following events:
  • USCIS denies or revokes the Form I-130 visa petition
  • USCIS denies a Form I-485 filed by the K-3 nonimmigrant or Department of State denies the immigrant visa application filed by the K-3 nonimmigrant
  • Termination of the marriage through divorce or annulment
Note: A K-4’s authorized stay automatically expires when the K3’s status expires.

If Your Child Turns 21 Before Obtaining Immigrant Status
Holders of K-4 nonimmigrant visas will be admitted to the United States for 2 years or until the day before their 21st birthday, whichever is shorter. The K-4 nonimmigrant 's status will expire when he or she turns 21. If the USC petitioner filed a Form I-130 on a K-4 nonimmigrant’s behalf before the K-4 turned 21, he or she may continue to be eligible for adjustment of status under the Child Status Protection Act.
If Your Child Marries Before Being Issued an Immigrant Visa
The K-4 nonimmigrant’s status automatically expires 30 days after he or she marries.
Advance Parole for K-3 or K-4 Family Members
Applicants presently in the United States in a K-3 or K-4 nonimmigrant classification may travel outside the United States and return using their K-3 or K-4 nonimmigrant visa. The only time advance parole is necessary is if the K-3 or K-4 nonimmigrant visa has expired and the applicant has an adjustment of status application that remains pending.
Changing to Another Nonimmigrant Visa Category
K-3 or K-4 nonimmigrant visa holders cannot change status in the United States to another nonimmigrant visa category.
Affidavit of Support
Form I-864, Affidavit of Support, is not required when applying for the K-3 or K-4 nonimmigrant visa. However, the K-3 or K-4 nonimmigrant will need to furnish evidence showing that he or she will not become a public charge while in the United States. You may opt to complete Form I-134, Affidavit of Support, to help demonstrate that you will not become a public charge while in the United States. When the K-3 or K-4 nonimmigrant applies for adjustment of status, he or she will adjust status as an immediate relative, and at that time will need to file Form I-864.
K-3 or K-4 Status After Approval of an Application for Adjustment of Status
If adjustment of status is approved, the K3/K4 nonimmigrant will become a lawful permanent resident of the United States. If, at the time of approval, your marriage is less than 2 years old, the K-3 or K-4’s permanent resident status is issued on a conditional basis. You and your spouse will then be required to file a Form I-751, Petition to Remove Conditions of Residence within the 90 day period prior to the expiration date on the green card.

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  #5  
Old 05-04-2012, 02:16 PM
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I also have a websitelink for more information. It's some sort of laywersoffice, but you're allowed to get a free consultation. So if you send them an email with your situation they can tell you what's they best way to do this all. I will pm that websitelink for you... good luck and keep me posted :-)
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  #6  
Old 05-18-2012, 07:52 PM
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I would file the I-130. Very straightforward even if your husband has been incarcerated. Make sure you have plenty of evidence of your ongoing relationship and that he is able to sign the sponsorship part of the process.
As long as your record is clean, you should be fine
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Old 05-19-2012, 02:43 PM
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I would file the I-130. Very straightforward even if your husband has been incarcerated. Make sure you have plenty of evidence of your ongoing relationship and that he is able to sign the sponsorship part of the process.
As long as your record is clean, you should be fine
Thank you for your adviceVeggie Today my husband is off to see an immigration lawyer to find out what the best course of action is. From what I understand my husband has to be earning around £18,000 per year to sponsor me, well at present he's making around $24.500. To prove he's earning that much does he have to show his tax return? Because he's only been out since February & only has the pay slips he's aquired since then?

My record is clean...never been in trouble so that's a plus....

One question...Where on earth does my guy get the K3 visa forms from? I went on the USCIS website as I presumed I could requset them from there like I did the I-130 and the option isn't on the site........

Thanks for all your help....I do really appreciate it.....xox
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Old 05-20-2012, 04:11 PM
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Hi there,

You have to go to the uscis website. On the top left corner is says 'forms'. Click on that and scroll down to the 'I' section. The i-130 form and instructions are there and can be printed off.

Yes, he will need to provide tax returns and pay stubs for the sponsorship. If he cannot do that, you will have to get a co-sponsor to sign.
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