Disclaimer: All advice given here are strictly as is without any guarantees and reliability. The advice below is solely from personal experiences in filing such applications and process. The best and most reliable advice is always from a good immigration lawyer. 

Q: I’m a US citizen trying to get my husband a Green Card. We don’t live in the US. Our I-130 has been in USCIS since last April. From what I understand, they will eventually transfer our case to the National Visa Center, at which point the process will finally begin. Part of this process will include the National Visa Center asking about my salary. It was below the poverty line last year, and now I am unemployed. Is this going to be a problem for us? Can they reject us for my low income? Or is our application purely based on determining that our marriage is a real one?

A: Yes, you will absolutely be rejected because of the low income/unemployment. The USCIS has to prevent individuals from becoming permanent residents and then simply live on the government welfare and food stamp programs. You must have enough money as indicated on the application instructions. It does not matter that your marriage is real, the joint parties of the green card MUST have enough money to support both the sponsor and the person receiving the green card.

Q: I have a sister who is a US Citizen, and I am an F1 student, wondering if it would be possible to apply for green card through my sister, and how?

A: Yes, your sister must file a I-130 petition for a relative to receive a green card. Because this is not immediate relative (children, spouse or parents), this will take 10+ years to be processed and granted.

Q: A US citizen friend of mine is sponsoring his parents (who are overseas) for US green card, It has been over six months since the application was submitted and we didn’t hear back from USCIS. Is now a good time to schedule an info pass to check on the application status?

A: What have you heard back from USCIS? Did the notice of action arrive at least? If not then there are some serious issues and you should definitely contact USCIS about why the application is not even received. If you have and are simply waiting on the interview appointment, then I would suggest waiting a bit longer. You should have the biometrics appointment already as well, so find out why that has not been scheduled, if not already done so.

Q: I just got married to a US Citizen. Incidentally it appears that we happened to observe the 30/60/90 days rule, my VISA and I-94 are both still valid for few month, so all seems to be in our favor. Considering above, my husband insist I stay in US and he files the I-130 for me, I-130 for my 13 yrs old son (who is abroad with my parents), together with me filing I-485. What is the quickest and cheapest (fees-wise) way to adjust the status and bring to live with us my 13 yrs old son, who already has B2 valid for next 2 years ? The I-485 instructions a bit confusing in this regards. Would I have to file a K-2 for my son ? Or would that be a I-824 ?

A: Your husband just needs to file 1 I-130 which would indicate that you and your child will be sponsored for a green card. There is no need for a separate application for your son. Your son can come to the US now on the B2 visa and then wait for the application to be approved and do an AOS.

Q: Good day, does anyone know how long it takes to get biometrics appointment letter from the time you overnighted docs for I131 to Phoenix office?

A: I think you mean I-130 as I-131 is used to apply for advanced parole during a pending green card application. The biometrics appointment is typically 1 month AFTER you receive the I-797C notice of action saying that USCIS has received and is processing your application. I don’t believe each field office has its own timelines. They are all generally the same.

Q: I’m a GC holder and sponsored my daughter and son. Now my son’s visa is ready. first I’m not sure which I-864 I should fill in. Second, on Affidavit of support, I live with my daughter and never worked in USA nor filed tax return. Can I use my daughter as joint sponsor. Is my status of not filled tax here jeopardize my kids GC application? Do I need to back fill tax even if I never had an income?

A: How did you sponsor your daughter if you never worked nor filed any taxes? Did you have a big savings account to demonstrate that you can support them in America? This does not really make sense. If your daughter is in America in another status and is earning money, then I suppose you can use her income to attempt to qualify for your son’s GC. But this should have been done when you were applying for you son’s GC. You say that his visa is ready but how? You jumped to the application decision without even applying? Not filing taxes is a big no-no in America and you should really do it.

Q: My mother will be visiting (tourist visa) from my home country in February. We would like to be her sponsor for an I-485/I-130. Should we begin the process while she is here, and should she just stay in country after we send the paperwork off?

A: You should definitely have you mother enter America on the tourist visa, make sure that she tells the immigration officer that she only intended on visiting for a temporary duration. If she makes it known that shes coming to America on a tourist visa and going to do AOS through you, she would be denied at the port of entry. Also have a good excuse during the interview why she came on a tourist visa and decided to do AOS. You should say things like she visited and liked what she saw and decides she wants to pursue a life in America and be closer to her son, etc.

Q: I was told that you need to get Advance Parole if you want to leave the US during your green card application, because if you leave the US without it your i-485 application will be considered abandoned. So I was wondering when during the green card application progress can you apply for Advance Parole? Is it after the completion of the biometrics appointment? Has anyone applied for AP before? What is the process like and how long did it take?

A: Yes you were told correctly and you must get the AP document to travel during a pending green card application. You can apply for AP with your I-485 application by submitting I-131 along with your paperwork (everything can be in 1 packet, check my complete guide on AOS to green card). You will get AP stamped on your Employment Authorization Card (they no longer send out a card just for AP, it is combined with the EAD card). So you should also apply for I-765 employment authorization with your I-485, since it is free and its the same card anyway. You can get the EAD card with AP stamped approval after about 3 months of filing your I-485.

Q: I recently got engaged and my fiancee is from the USA and we want to live there. I’ve read a few posts about starting proceedings to get a green card etc. and my fiancee has been researching too. I was wondering if people would suggest getting an attorney to help with the legal forms etc?

A: No, the process is very straight forward. My complete guide here details exactly what you need and what forms and applications to fill out. Unless you have a extraordinary situation or your US Citizen spouse had criminal records, you don’t need a lawyer. You just need to be diligent and careful with your paperwork.

Q: Hello, as my title says, My Daughter is 25 and is a US citizen and she wishes for my son (her half brother) who is 15 and myself to move over there in August 2014. i understand that she can sponsor me to live there but can she also sponsor my son. i do not want to give up my house in the UK and sell all i own just to get there and be told that we cannot stay. thank you in advance.

A: Yes, your daughter can sponsor you and you can get the GC fairly quickly (within 1 year). However if your daughter were to sponsor her half brother, that would take 10+ years to be processed and approved. There really isn’t a need for your daughter to separately sponsor your son. When your daughter sponsors you, because your son is under 21, I assume unmarried, he will be included with your GC application. Once approved, both of you will get a GC.

Q: My girlfriend overstayed her tourist visa before we got married. She was here in February/2013 and we got married in November/2013. Here’ how I understand the petition process.. I will file form I-130 and I-485 for her and address it to the Chicago lockbox (I am a US citizen). She has a daughter in the Philippines. Can you correct me if I am wrong with this process; I will file form I-130 seperately for her using a different lockbox i.e. consular processing. Can I petition for her on the I-130? How long should I expect the process to take?

A: No, you don’t need to file separately for her daughter. Her daughter will be included in the same application for your girlfriend. Also, overstaying on a tourist visa is OK and not a problem when conducting AOS through a marriage. The entire process is usually 9 months.

Q: Hello all, my father is getting his citizenship this year and I’m looking into ways of getting my GC through him. I’m unmarried, over 21 years old, living in the US illegally for a few years. Is there a way for me to apply for a GC through him? How would that work and how long would it take for me to get it?

A: You are no longer considered an immediate relative of your father in USCIS standards, so you fall into the family preference category which takes about 2 years to be processed, 5 year for Mexico and 11 years for Philippines. Also, the illegal status will look unfavorably on the application and may cause you problems.

Q: My husband and I have the immigration papers all ready. I am applying for spouse outside of US. I am in Colorado and he is in Canada right now. What is the timeline for him being able to come, work and live? He doesn’t want to miss too much of our daughter’s life…

A: Assuming you guys have a straight forward no complications marriage and situation, it will take about 6-9 months to complete the process. If you are lucky, under 6 months. If you are unlucky, over 9 months to 1 year. It all depends on your luck. Good Luck and Pray hard.

Q: For question #21 of the I-130 form : “If filing for your spouse, give last address at which you lived together”, 
I unfortunately am not living with my wife.. she lives about 4 hours away and has a work visa, and the reason why I’m applying is so she would be able to move to my city and start living together. I did write a short attachment letter explaining why, do you guys and gals think its a good idea to attach this ? Is there a format i need to use to attach a letter ?

A: It is ok to not be living with your spouse. Remember America is a diverse and officially tolerant country, so people can be married and not live together if they choose not to. There really isn’t a need to attach a letter but if you wish you can do it. The immigration officer at the interview will probably ask you guys about it and just be honest and up front. As long as the marriage is real and bonafied, there are no problems.

Q: My wife has applied for her father’s GC and the I-130 case has been approved. The address she provided for her father at the time of application should be updated now. She called USCIS to change the address but they said the case is no longer with them. And NVC requires a case id in order to do anything.

A: Call the NVC and provide them the receipt number from the I-797C that you received for the petition. They should be able to track down the case and update your addresses.

Q: I have a query about GC processing? I always though it takes a few years. How long does it take on average for GC to come through for a parent for those who have applied?

A: It should be under 1 year. Beacuse this is an immediate relative petition, it should not take years as there are no restrictions on the availability of green cards for immediate relatives. Generally 6-9 months.

Q: I married with US Citizen in USA and applied for I-130. My I-130 was approved after that i filed I-485 and I-765 but the same time i have problems with my wife and we got divorce. My I-485 was denied due to i didn’t change my address with USCIS and we don’t want to pursue it. My question is if i married to other US citizen and wanna file my adjustment of status so my previous I-130 was still valid or shall i have to file the new I-130 from my new wife side. Really appreciate your help.

A: You have to file a new I-130. Each I-130 is for 1 marriage. Since your previous one ended, that case is completely terminated. You have to start the entire process again for your next marriage. You also will be looked at very closely because it is unusual to be married, divorced and married again so quickly.

Q: I am in the process of preparing documents for my father for his GC application. My father visits us every year for 6 months. He has bee doing this yearly since 2009. His tourist visa was for 10 years and he will have to go for renewal by the end of this year. My question is if I submit his paper work for GC application, what will be the consequences on his tourist visa renewal process. Any ideas, suggestions and experiences you would like to share would be welcome and appreciated.

A: If you already begun his green card application and it is in progress, he will likely be denied for a B-2 visa because it is evident that he intends on immigrating to America and therefore should not be using a tourist visa to enter the country. What he should do is simply enter the country as soon as possible on the B-2 visa, and simply stay until he gets his green card. It is ok to stay as long as your green card application is pending. If there is no decision made on the green card application, you can continue staying in America legally.

Q: My father obtained his citizenship illegally and he started the process to bring my mother to America and she finally got her residency after 2 and a half years of waiting. Now they are having marital problems and my mom wants to divorce him and get her permanent residency on her own but he is saying that if she does that then he will reveal to immigration that he setup a sham marriage in order to receive his residency, my question is would this have any effect on my mother’s legal status after she files for divorce?

A: Firstly, how long ago did your mother receive the GC? If it is within 2 years, then if she gets divorced now, she will lose that GC and would have to leave the country. Secondly, if your father reveals that his citizenship was a sham, he would be the one getting deported. I am not sure if he is taking the situation seriously because he himself would be in jeopardy of being deported and NEVER being able to immigrate or visit America due to his fraudulent criminal activities.

Q: Our 32 yo son fell in love with a 23 yo woman from Macedonia. She seemed fine, was pleasant and kind to our whole family. Her parents made contact with us via FB and seem very nice. However, our son needed us to co-sponsor his bride and we have paid for all her living and legal expenses since she came here. To date, she owes us $15,000 not including the note on the car we gave her. As soon as she received her conditional green card, she became obstinate, disrespectful and has said terrible things about our son and our family to anyone who will listen. She now has two jobs making minimum wage and has started her own checking account. She has told us she doesn’t owe us anything (we did make her sign a promissory note) and refuses to help pay the bills. In addition, my son is incurring approximately $500/mo in extra child care bills because his wife claims the child is not her responsibility and intentionally works after school hours and on weekends. What can we do?

A: First thing is to divorce her and she will lose her conditional GC because you will not be filing I-751. Remember, in America, it only takes 1 person in the marriage to file for divorce. Given that she works minimum wage jobs, it is unlikely she can hire an awesome divorce lawyer and she will probably just lose everything. The money that you have paid for her in the past, unfortunately, is lost as you were her sponsor and therefore required to do so. You can get the car back since you own it.

Q: I have a question. i am one of the gettting greencard for 2014. and also i had a interview to usa embassy (so got visa on my passport). I am thinking to come in May. the question is that if i get married with my gf, can she get also greencard, or i need to wait to be usa citizen. is it possible anyone can get greencard, get married with anyone who has greencard, or not?. Is there a way to help me? 

A: It is always a good idea to marry first before applying for any visa since your spouse will be included in the same application at no additional cost. However, in your case, it looks like you have already applied and received your visa to get a green card. In this case, marrying your gf at any time makes no difference. You have to petition for her to come to USA with you after you get your green card, and because you are not a US Citizen, you will have to wait for some time because this is the F2A category preference (for spouses of green card holders). If you had married her before you started your application (in fact on your DV entry), she would have gotten a green card just like you.

Q: Wife and I file our taxes jointly. She makes twice as much as me (more then enough to sponsor a family of four). On the I-864, I know there is a question asking for your individual income. When NVC ask for the I-864, should we also submit a copy of her latest W-2 with the tax transcript to show that she makes more then enough alone to support a family of four (me, her, and both of her parents that she wishes to sponsor)? I take it also since her income is greater then the amount needed, I will not be required to file an I-864A?

A: The latest joint tax return would be enough. In the US, marriage makes 2 people count as 1 person so technically individual income does not even matter. As long as your combined income is more than enough to sponsor the individual in her family, there is no need to file a I-864A in addition just to clarify that you will help pay for the expenses.

Q:  I am married to a USC and have a wonderful son together. We have been together for 8 years and married for 4 years. We totally messed up and filed our I-751 late, over a year late, due to financial difficulties, and I am wondering what happens from here. We send a whole bunch of documents, bank statements in both our names for more than a year, birth certificate and medical records for our son, a ton of pictures, letters that I am 100% beneficiary in my husband’s pension, our son’s college saving fund, health insurance cards, bills in both our names from all addresses we have lived in, credit card statements, joint tax returns for the last 3 years and a nice letter explaining our situation. Also, we never received any letter from uscis in the mean time saying that status has been terminated or anything like that. We filed it last week and of course it is too soon to hear from uscis, but we are so anxious and worried, what will happen?

A: Of course you would not have received any letters from the USCIS reminding you to file I-751. It is completely your responsibility to remember to file for the removal of the conditional residency status and to receive the 10 year green card. With that said, filing late is still OK if you explain your situation well and that it is a genuine mistake that you forgot. Just don’t think of NOT filing it and trying to fly under the radar as you will be caught eventually. As long as you filed, and it is an honest mistake, I don’t see why USCIS would want to tear families apart for the sake of some paperwork.

Q: Hello! I am a U.S. Citizen filing for my father I-130. In my birth certificate, his name shows as ABC. However in his passport and his birth certificate, his name is XYZ. He already has an affidavit stating he is one and same person way back in the 90′s when he applied for his passport, and he has been using his name XYZ on all his legal papers. My question is, can I just photocopy the affidavit that he has (is the USCIS going to honor it even if it’s old?) or do i need to get him another one? Also, which of his name should i use on the I-130 application, ABC, or XYZ?

A: Yes, provide the copy of the affidavit even if it is old. Also provide his marriage certificate to your mom, maybe that would have the name ABC and so it further validates his identity. If possible, IDs of each name with the photos to show he is the same individual.

Q: I have been studying in an online school and staying here in Mexico, and the only time my Green Card is checked is when I go back to the US, about every few month. When I return to Mexico, they do not request any documents to cross the border. I have been doing my taxes (I had some years that I had skipped since I didn’t have an income, but I will be filing them as back taxes although I do not owe) and been gathering rent invoices, etc. I have not been outside of the US (where they do check and stamp your passport) for more than 2 weeks, and I have not been convicted with any type of crime. Please give me an opinion on if it is better for me to renew my green card or apply for citizenship.

A: I would apply for citizenship since once you have it, unless you personally renounce it or done something terribly wrong, you don’t have to worry about any expiration dates. You have been paying your taxes already anyway, which is the most problematic part of having US citizenship. You also do not leave the US for more than 2 weeks so you should be approved for citizenship.

Q: When filling out i485 and the spouse changed her name from her maiden to husband’s does she need to write her husband’s name in field Part1? Or her maiden name . How it will be reflected on the green card ?

A: If she already changed her name, then just use her new name. Keep in mind that marriage certificate may not be enough for a changed name for immigrants. Typically you would have to have filed some immigration documents with the new name to officially use that. Make sure you note the maiden name on G-325A.

 Q: My wife is a green card holder and we got married a week ago when she visited our country. We have our valid court marriage certificate as recognized by the law and she wants me to join her soon. I like to know long it takes before everything is finalized. I like to know the process.

A: Because she is not a US citizen, her petition for your green card is limited and subject to a wait. She will have to file a I-130 to petition for your green card. Once that is approved, your case will be sent to the National Visa Center to wait until the priority date (published here) has reached. Once the date is reached, the NVC will contact you regarding biometrics appointments, interview appointments, possible request for more evidence, and when you can get the green card. The time from filing the I-130 to approval of the green card cannot be determined and can only be checked using the above linked website.

Q: I am a U.S. citizen and my fiancée is a citizen of Mexico. She is currently here on a b-2 visa and we plan to get married before here since we’re both already here and every is on the up and up, so we don’t think there will be any trouble. My question is how long before the. I-94 expires should we get married. Her i-94 expires the 28th of January next year and some people say we should marry before the new year in case laws change in the new year. Also we want to be sure that papers and well in motion by the time her i-94 expires.

A: You can get married any time. The marriage does not automatically give your fiancee status. It is the filing of the I-130 and I-485 (on her part) that starts the process. Your main question should be, when should you guys file the immigration applications. Well, this all depends on when she entered the country. See my post about the 90 day rule for B-2 visitors. If she only arrived within 90 days and you guys file for Adjustment of Status, she will likely be denied due to preconceived intentions on immigration. However, after 90 days then you guys should be married, document the relationship and file for AOS and get the process started. Yes, I agree you should do it as soon as the 90 days have passed in case new laws and regulations are put in place to slow the immigration process.

Q: So, I’m planning to go abroad this summer and to get married there. What should I do after that? File I-130 abroad or wait until I come back? Will it be faster to file abroad? About how long would it take to get everything processed?

A: The person filing I-130 is the US Citizen. I assume you are filing for your spouse in which case you should file it while abroad since you guys can stay physically together during the application process and when your spouse receives the GC, then both of you can come to America without any problems or long distance relationship strains. The processing time varies but usually it ranges from 4 months to 12 months. If you come back to the US and file for your spouse, you guys would have to remain physically apart for 4 to 12 months because your spouse will not have a visa to enter the USA.

Q: Hello, everyone! I applied for I-130 for my mother while she is in Russia, she is going to have consular processing. My question is: can she still come to USA to visit me while her application is pending/under review? She already has B1/B2 visa… Will she have any problems with entering USA and can the US border officer deny her entry because of her pending immigration status? Thank you!

A: Because there is an immigration application pending, she may be denied for a B-2 entry because of her immigration intent. Since you are likely 21 and over to be filing for your mother, and your mother is an immediate relative which means no visa wait, I don’t think your mom would be denied at the entry port since her GC is likely to be approved.

Q: I am a USC. My brother lives in New Zealand and has PR there. He is skilled worker. He also holds passport of UK because he lived in UK before.
I heard that I can apply for his GC while he is visiting me here in USA and he can apply for EAD while waiting for his GC. is that true?  if true, he can practically start working on EAD immediately after his GC application is filed. this sounds too good to be true but my friend told me that it is possible.

A: Yes it is too good to be true. Siblings of USC have a 12 year + wait on getting their GC application approved. Only after the application (your petition for him to get a GC) is approved can he file for AOS (through I-485) and then while doing that he can file for EAD card. He cannot do AOS as soon as he enters the country because your petition for him has not been approved yet. The wait is just going to be longer and longer so start the process now and just keep waiting.

Q: I have been in the USA since high school and now in my 2nd year in college. Sorry for the long intro but here are my questions for F-1 visa adjusting to Green card (permanent resident):
-How much does it exactly cost to go through the entire process? (Including the extra price for the form that I have to fill out in order to work in the U.S, while waiting for my green card)
-I know sometimes they reject some people because they were intending to get a green card through marriage. I had no intention of getting married to a U.S citizen when I first entered U.S. Do you think I have high chance of passing it or failing it?
-Is it recommended to hire someone? Because I have very little money since most of my savings will be used for the payment that I have to pay with the green card form. I cannot afford things to go wrong. If I cannot obtain my greencard, I will be forced to leave the country and join the army, without being able to come back to America
- Can I get a job in the U.S with just f-1 visa legally?
- How long does it usually take for me receive the license that allows me to work after I send all the required documents?

A: The process to file AOS from F-1 visa to GC costs about 2k total if you do it yourself. Your situation likely will not be rejected because you have been in the country for 6 + years and that is not a preconceived notion to immigrate. Your case, if genuine, should be approved and completed without any problems. You don’t really need to hire someone if your situation is very straight forward and legitimate (no visa violations, no criminal records, no illegal work activities). You can get a job on F-1 visa for on-campus employment only, so jobs such as the school’s cafeteria worker, teaching assistantship, research assistantship, work in the computer labs, work as a tutor for other students, etc. You cannot get a job off-campus unless you demonstrate extreme financial needs. Since this is a spouse based GC application, as soon as you file I-130 and I-485, you will also be filing I-765 which will give your EAD card and then you can work unrestricted while your AOS application is pending. The time to get the EAD card is roughly 3 months from initial filing if everything goes smooth. I have a comprehensive guide on how to adjust from F-1 to GC here.

Q: I am a USC and have applied for my parents’ GC back in Nov’2013 through AOS. They landed in the US on a tourist visa in Oct’2013. Since then, they both have received their A# and have been finger printed. My dad applied for EAD and got the same. My mom didn’t apply for EAD. Neither of them applied for Advance Parole (as they weren’t planning on traveling).
This is my question - 
Their I-94 expiration date (on their tourist visas) is end of Mar’2014. With their I-485 receipt and A# in hand, do they still need to apply for their B2 visa extension?
 Also, if we need to apply for an extension – is it too late (less than 45 days). And, if we apply now – what do we need to receive from USCIS in order to be assured that they are not out-of-status??

A: No, don’t worry about the I-94 or B-2 expiring because they have a pending AOS application which is a legal status in itself. Unfortunately because you did not apply for AP for both of them, they cannot leave the country even for an emergency because that will be considered abandoning their application.

Q: Hello All,iam currently separated from my us husband due to abuse,iam a GC holder schedule to refile at the end of the year…Now my my husband had file for my overseas children at the age of 16/19,now that we are separated I don’t see him doing anything for them where the filing is concern because he threatens me all the time that he is going to call an have uscis take his name off their petition…So my question is can I refile for them,they are now 18/20 will they come soon are do I need to wait until I became citizen?Thank you all in advance,an anyone who know of anyone with similar situation can feel free to give their imput,iam beside my self with worrie I don’t know what to do…

A: This is an unfortunate situation however the US laws are not blind and know this could happen with GC marriages. You may need to get a lawyer for filing the removal of your conditional green cards because you guys are separated. However, don’t worry about the USCIS kicking you out of the country because your USC husband is a douchebag. Also you don’t need to refile anything for your children. All of you can remain on the current GC. As long as the marriage was entered on good faith and genuine, you just need to prove to the USCIS that it is complete the USC husband’s fault for the failure of the marriage and that you are a law biding GC holder and want to remain in the country. Your GC can still become permanent without any involvement from him. Check out this article and story.

Q: My mom is going to be citizen in next month, and she would like to apply for her daughter (she age-out when mom came to US) which was in 2008. US didn’t let her come under CSPA. However, US let somebody else entered in the US even though they were 28 year old. My sister was 23 at the of the interview. If my mom apply now, when will visa become available?

2nd question: Is there anyway can expedite this process? I mean can I get same priority date as in before?

A: As a daughter of a US citizen, there is a currently a 7 year backlog from the visa bulletin (http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-march-2014.html). There isn’t a way to expedite the process or else everyone would do it. you have to wait until the visa becomes available before your sister can get the GC to come here.

Q: My father was born in the United States to a US father and Australian mother. My father came to Australia when he was 2 years old and holds Australian citizenship. My father and grandfather have birth certificates that state they were born in the United States. I want to move to the US within the next few months and was wondering which, if any, visa/green card I am eligible for. It has been very difficult, because my father is not a US citizen anymore. I do have a bunch of family who still live in the States though.

A: You are out of luck. There is nobody that can apply for a GC for you. Your father is not a US Citizen anymore so he cannot petition and apply for you to go to America because he is a foreigner just like you. I never heard of grandfather applying for grandson’s to come to USA so I am not sure if that is even possible. You can try coming to America through the B-2 tourist visa or the F-1 student visa or the J-1 exchange visitor visa. Keep in mind though, if your dad was born in America but just never went back, technically he can still apply a GC for you because he is still a US Citizen. But I don’t know if you would be approved because of the lack of taxes your dad has NOT been paying the US government and I don’t know if they would approve his petition for you.

Q: I recently became US Citizen and all of my immigration documents says that I am single. But, I was married in India in 2010 and has a daughter. I would like to get them here as soon as possible. One of my friend raised a question that this might be a problem if I mention now that I was married in India and not mentioned on the n-400 immigration documents. If yes, are there any other documents that I should submit to uscis to let them know that I was married back in 2010?  Any advise would be greatly appreciated.

A: What you should do, is actually just get married again. Because the USCIS has no record of you ever being married, you can get married now and then bring your wife over. However, your daughter is going to be a problem because I think you must have filed a G-325A during your citizenship path and you have failed to disclose you have a biological daughter. Maybe since you are doing a secondary marriage certificate, just put your daughter as a child from your “new” wife’s previous relationship and that you are the step-father. That way it will look like you never neglected to mention anything!

Q: My current birth certificate is a duplicate of the old one, however it looks very different and there is a slight difference (a couple of letters) in spelling of the names. It is issued by the state archives, but they used a new spelling system and new format. Will UCSIC compare my current copy (when I file a petition for my parents) with the old one filed long time ago with the Green card application?

A: Just use whatever is issued to you. USCIS and DoS are aware of changes in forms from other governments as they process these paperwork on a daily basis. Do not worry and just bring what you have. Use the new form as that is what you have in your possession ( I assume you lost the old one). Even if they dig up your green card application from ages ago, you have a perfectly valid explanation, and it would be hard for them not to believe you since everyone from your country will be using that new form as well.

Q: If I-94 expires in a month, is it too late to file I-130 and I485 concurrently for my dad? He has medical issues and we would like him to stay.

A: No not at all. File it now and your father’s status immediately becomes a pending status and has the right to remain in America while his application is being processed.

Q: Hi, I became citizen 4 months ago, and I have been separated from my husband over year. I’m divorcing now, we have final hearing in 2 weeks. My boyfriend is illegal and he has been living in USA for about 14 years. I want to married him, we are planning family, we are from the same country. What documents we both will need in order to get him legal? We want to get married after my final divorce hearing ASAP.
We have account together, we have apartment lease over year together, Power is on my name, TV on his name. 
My question is do I need to change adresses on my health insurance my ex husband will continue to pay some of bills as we made deal. Can this be issue for immigration interview?

A: You need to wait until your divorce is final before you can do anything. After the divorce, get married and file a I-130 for your boyfriend/future husband. Just be up front about everything and let them know that your health insurance is being paid by your ex-husband as part of the divorce agreement. Show as much proof about the relationship as possible.

Q: My husband just became a US citizen, so we want to start with my adjustment of status, we have been married for 6 years, we have 2 kids together, there are only a couple of things I am worried about
1. I was arrested 7 years ago for underage drinking. I went to court, pled guilty and paid the fine and did the classes they required
2. My husband is 15 years older than me
We are afraid that they would deny my green card because of those 2 reasons and I will end up being separated from my family, how hard is my case? Do I have any chances at all?

A: You have absolutely no issues. As long as the marriage is genuine and real, which it sounds like it is, your underage drinking charge/record is not really important. What is important to USCIS is that you did not commit serious crimes like murder, theft, etc. Age is not an issue at all, this is America, relationships are free to form without restrictions. You have a good chance of getting approved.

Q: I have read on various threads about attaching a cover letter to the I 130. Could anyone tell me what should be included in this letter. My wife is applying for her father and stepmother.

A: There is no need for a cover letter. In fact, the USCIS may just tear off the cover letter once they receive your application. For me personally, all I listed on the front page of the application packet was detailing all the forms that was included in my application packet. This is not a required item and nobody can tell you what it may or may not be used for.


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Q: Quick background – I am a professional gay male from Hongkong and for almost 2 decades I have been in a great friendship and on-and-off lover relationship with a Bay Area based American guy. We were recently more connected and early this year we took a trip together to Thailand, Cambodia and China – it was at the time that we decided we should consider the marriage option. I am a regular visitor to the US for years for business and pleasure. I have a valid tourist visa. The question is – I have been told that I should not get married since on a tourist visa, because it would be against the intention/purpose of a tourist visa that it will work against us in future procedures.

A: Yes, if you enter the country on a B1/B2 tourist visa and you get married within 90 days and file for adjustment of status to PR (green card), you will get denied because you lied about your intentions on entering the country. The best way to go about doing this in your situation, and to avoid possible physical separation while you wait for the process to complete, is to first wait 90 days. A tourist visa is good for 6 months so you should be fine. After the 3rd month, get married at any location in US that recognizes gay marriages. Get married legally. Do not go to Canada because you would be effectively resetting your tourist visa when you return to America. After you get married, file the I-130, I-485 to adjust status to permanent residence. Once you file,  you are in a limbo period where you should not travel outside the country unless you file I-131 advanced parole. If you leave the country without prior authorization, you are considered as abandoning your green card application. You should make every effort to stay in America the entire time of your green card application. Once you get your green card, then you can resume your life as before.

Q: I am a US naturalized citizen and I am finishing my university studies this year. So my situation is that I married my wife in January in Pakistan and we filed her I-130 with all documents in February and it was received and is in the “Initial Review” portion of the process. I have received a good job offer in Kuwait to teach in a high school with a yearly renewable contract. My question is that if I accept this offer would this affect my wife’s immigration process? Do I need to be in the US for things to process smoothly? What advice can you give me in this situation I am kind of confused.

A: Yes of course if you accept the job offer and move to Kuwait it would jeopardize your wife’s immigration process. The green card application you filed for your wife is for her to live in America permanently with you. If you are not residing in America, why would the USCIS give your wife a green card? Your wife’s application will likely be denied if they found out you are actually living and working in Kuwait.

Q: My wife and LPR, is going to send of the i-130 soon, to petition to have me live in the states. I know I can technically visit her on the VWP (I’m from Ireland) but what are the chances of being admitted by the CBP? I dont know if I will have a job yet by then, economy is rough here! I may be doing a college course for the year in Sept, I could use that as evidence of ties. What else could I use?

A: You should first come to America, be admitted under the VWP and live with her for 90 days before filing the I-130. If you file within 90 days, it is considered entering America under false intentions (visa is for temporary visits). If she files the I-130 and you are still in Ireland, chances are you will not be able to enter America because you have already demonstrated you intend on living in America permanent and therefore should not be entering the country on a tourist visa (or VWP). Basically, you need to understand that the USCIS is very strict on what kind of visa you are using and for what purpose. It is very simple: Do not use a tourist visa to enter the country if you have intentions on immigrating right from the start. Intentions can be changed after 90 days.

Q: My friend wants to file I-130 for his married sister who has a husband and 3 children. Does he need to file separate I-130 for each one of them (1 for sister, 1 for her husband, 3 for 3 children)? Or does he need to file I-130 only for his sister right now and when time comes, he’ll get a letter from USCIS asking to file I-130 for his sister’s family/dependents?

A: Your friend only needs to file I-130 for his married sister. In fact only the married sister is eligible for the GC. Her family would be derivative status based on her status. So they will get GCs if she gets one.

Q: I am married to a USCIS citizen. At first he was charming and very loving we have so may wonderful memories together. My husband became violent and scares me. He always threatens to kill me. He has been in prison for 13 years, which I have found out after doing some research. He also confess to me that he has killed his sisters husband and made it look like he committed suicide. He also stated that he killed more people. I told him I would tell the police and he said it is all circumstantial evidence and they would not believe me as he has gotten away with it for so long. I found out he has moved from the south to NYC. He said if I tried to leave him he will kill me. He also states that he will never allow me to get GC and said that he would tell USCIS that I only married him for the GC. I am now stuck and don’t know what to do. I have no money no paper to get work and petrified to leave. He his tells me that I have to drop of heroin to his customers. 

I was insulted and thought he was joking. He then told me how do you think I can afford to pay for my rent. I thought his wages covered it, if I asked any questions I was told to mind my own business get shouted at, and things broken. I manage to get him on tape asking me to deliver heroin package which I refused. I am stuck in the USA and is uncertain because he his from the south if anything happens to me he can skip states. He his always drunk and abusive. 

He would then boast about what he has done and told me if I ever crossed him or try to snitch he would kill me and my family. He would search me to see if I was wired tap, ask constantly ask if I work for the FBI. I need to get out but he say he will not divorce me. He said he didn’t get married to get divorce and I am his wife he owns me and I must do what he says. I am petrified, stress out and dying slowly. He refuses to put me on his health insurance so I could get basic medical. I am still on B2 visa and has not yet received any form of settlement. We have been married for 8 months and I have never seen someone changes as radical as this. He told me that behind this pretty face lies a monster. 

He said if I ever called the police he would make sure I disappear like the people he made disappear. I am walking on eggshells here. He refuses to sign the paper to petition for me, and I am scared that I will end up in a ditch if I tried to file VAWA. Any suggestions welcome.

A: Firstly, you are on a B2 visa so why can’t you just get up and leave the country? Why are you bothering staying in a relationship with such a criminal? Just leave the country and go home. If you are looking to stay in America, it is not possible with your situation because your husband refuses to file a GC for you anyway.

Q: For an I-864, I have significant assets from past income in the US including real estate which has been paid for but I have no income in the past 3 years as I have been investing into some businesses which will start paying in a couple of years. My wife still earns a good amount of money on her W2. I have no W2 or 1099. How shall I show my income in this case on the I864? I can show all deeds to my assets and my liquid assets and my wife can also co-sign.

A: Assets are fine, they are calculated at 1/5 of their value for the I-864. So let’s say you need to prove an income of $50,000, you should have $250,000 in assets to qualify. Just divide your total assets value by 5 and see if this is greater than the minimum requirement to sponsor your parents.

Q: Good day, just wanted to ask if anything changed to apply for GC for a spouse within US, required forms: I485, I130, I864, I693 and G325A (for each spouse)
Optional: I765 and I131

A: You have the correct list of documents to apply. It has not changed yet.

Q: My wife is a US citizen. I am a Canadian citizen. We live in Canada, and have been married for 20 years. I have a job opportunity in the US, and we want to move there this summer. She does not have a job, but is currently employed here in Canada. What options do we have for sponsorship?

A: Why doesn’t your job sponsor you the visa to work in America? Sounds like they should give you a H-1B visa. If you must get a green card, you can also detail your own job as source of income in addition to your wife even though she is the sponsor. It is ok for the petitioner to also contribute to the overall cost of living in America. For the marriage method, go to America, start the green card application process, once you get your I-765 approved and get the EAD card, you can start working for your new employer. Check my detailed guide on green card through marriage.

Q: I am an American citizen and my italian partner and I lived in Venezuela and had our entire lives there. The political situation in Venezuela has been tough for a while and the political persecution of people like us has been strong so we made a plan to come to the US, explore and check out our options, then go back to Venezuela to regroup, make back the money we would spend in the US and fly out of Venezuela (which is way cheaper than from the US) to Italy in order to explore our options there. From there we planned to go back to Venezuela and decide which country we wanted to move to. Then we were going to spend a few months selling our properties in Venezuela while waiting for a spouse visa (whether it was going to be for me in Italy of for him in the US).
We planned a 3 month vacation to the US to do some workaway experiences (www.workaway.info) but about 5 days before we got on the plane to come on our vacation, all hell broke loose in Venezuela and a civil war broke out. We made it to the airport in Caracas just in time and got out before the crazy killing of protesting students and the political persecution of white people from the evil empires of the world (such as Italy and specially the US) began. Venezuela is now under communist rule and the Cuban military has infiltrated the oil rich country. Before we left Venezuela I called the American embassy there to see if the best option for me would be to go to them but they urged me to just safely make it to the airport and get out. We thought that maybe the violent protests would end within a week or two but it is now clear that it will be going on for quite some time and we now have to establish ourselves here in the US.
Because of all this we cannot be spending our money going to Italy to explore, we have to use our money wisely and make a new life from scratch. We have come to terms with the reality that we have lost everything (except our love for each other) and we really do not know if we will ever be able to go back to Venezuela to at least sell our property. We called a lawyer here and explained our situation and he immediately told us that what we need to do is get married. So we got married yesterday!
We are now needing to figure out how to fill out all of the paperwork ourselves since we simply cannot afford the fees the lawyer wants to charge, so we need help. My new husband (OMG!!!) is here on a tourist visa (ESTA) so which forms do we need to fill out? Change of status? Green card?

A: You don’t need to go through a lawyer. Just check my detailed guide on adjusting status through marriage and apply and fill out the applications yourselves. As you have said, you will be filing for a change of status to permanent residence which will get you the green card. Also make sure you file after 90 days of your partner’s arrival into the US. You might have some issues getting the original documents such as birth certificates and police records if you left them in Venezuela. It sounds like you are applying via a same-sex marriage which is no different from a opposite-sex marriage.

Q: I have a couple of questions on I 864 (Affidavit of Support). Hoping someone who has already been through the process can help me.
I have I 130 Approvals for both my parents (separate I 130 was filed for each) and am going to be filing I 864 now.
Questions:

  1. Should I submit two separate I 864 in support of each parents application?
  1. Do I mention anything (for example my mom’s info in my dad’s I 864) in section 2a where it asks to list family members immigrating at the same time or within 6 months of principal immigrant.
  1. If I should be submitting a separate I 864 for each parent – what should I mention in the Household size (Section 5)? In other words, should I just include my father (in his I 864) in the household size and my mom (in her I 864) in the Household size… even though in reality my total household size would increase by 2 but when you look at the individual I 864 applications it shows an increase by 1. I hope that is not confusing

A: Why did you have to file separately? Why couldn’t you have filed for one parent and through their own marriage get both a green card? Unless your parents are divorced? Anyways because you filed separately, answer to question 1 is Yes you must file separate I-864. Question 2 is no because you don’t include relatives on a separate visa petition. Question 3 is for each I-864 you just add 1 because they are separate applications.

Q: My husband came to the US illegally without any status and has been here for almost 10 years as an undocumented alien. We have been together for almost 5. Married for 1. We want to start the process of making him legal here and don’t really know were to start. I have read many things on this subject. Seems like a very long process that could cost quite a bit. My questions are if I file the i-130 visa petition and the i-485 and we are denied when filing the i-601a waiver, what do we do? We have only seen one lawyer so far and plan to speak with another before making our final pick but my concern is that we won’t be able to prove “extreme hardship”. If we can not prove extreme hardship do we have other options? Any info would be greatly appreciated. Also my husband was divorced many years ago in Mexico and does not have his papers. The lawyer said we need to get these papers on our own but did not offer any assistance in how to get them. I have searched and searched and can’t even seem to find a phone number to call to request these papers. Please help. This is all new to us and we are somewhat at a loss.

A: Unfortunately you cannot possibly get him a green card because he did not enter the country through a port of entry. He has no status to adjust from and therefore cannot get a green card through you. The only way is for him to leave, wait 10 years, then apply for a green card.

Q: I am seeking clarification on the vaccination requirements. My spouse is in her late 20s and she does not have any vaccination records. Will she be given all the vaccinations during the the medical examination? Is it physically possible to get all the shots in one setting? What if some vaccinations require another shot (a month later), do I have to wait to complete it prior to appearing for the interview? Is there a possibility on getting a headstart on the vaccination? I found the list of vaccinations online, however I read somewhere that the approved doctor during the medical exam will ultimately decide which of these vaccinations are required? If so, then we will have to wait for the medical exam prior to getting the vaccination.

A: Only a qualified doctor should recommend you what vaccinations to get and which ones are OK to get again if you had it before. With that said, if you want a “headstart”, by all means go visit a doctor and tell them that you need to have that list of vaccinations that you found and that your spouse may or may not have received them in the past. If the doctor is any decent, he should have a way to determine if blood testing can determine if your spouse already have some of the antibodies which would allow her to NOT have the vaccinations again. Your own doctor can start an immunization record and then when you are ready, attend the immigration medical examination with that record and hopefully you can “fast track” the immunizations.

Q: I recently received my US citizenship through naturalization and would like to sponsor my parents and sister for a US greencard. My questions are: 

1) Do you advise I hire an attorney or is it simple enough to do it myself like I did for my citizenship through naturalization?

2) How long to expect it would take on average for my family members to erceive their greencard?

3) My sister is married, does that make a difference?

A: No, you can definitely do it yourself if you have a very straight forward application and also that you or your parents and sister have not egregiously violated any laws. My guide on filing green card through marriage can work for your parents as well, just make sure you check the right boxes (instead of spouse). Your parents can get their applications processed immediately because they are immediate relatives and therefore has no wait. It should take about 6-9 months if they are outside the USA. Your sister is in the F4 category which has a current wait time of 12 years for the application to begin processing. It is because your sister is married that she can only qualify in the F4 category. If she was not, she can technically be a dependent of your parents and get the green card through your parents at the same time.

Q: I had filed for I-130/I-485 for my mother in Sep 2013. Sent both the I-130/I-485 forms at the same time. Since it was taking long time, my mother decided to go back to india in Feb 2014.
Now I have received a letter stating there is a intial review of her I-485 Application which is going to be interview on April 23rd. Is it possible at this stage to convert the case to Consular Processing, meaning can the I-485 process be continued in India.

A: No, I-485 is for someone who is already in the US to adjust their status. Your mother, with her departure, abandoned her application. I am afraid you have lost all that application fees and have to re-start her application if she wants to get a green card, through consular processing.

Q: I will be sending civil documents soon for my parents who will appear for their Immigrant visa interview in Mumbai, India.

1. Do I need to send ORIGINALS of civil documents (birth certificate, Police Cert, Marriage cert etc) to NVC? or copies would be sufficient and my parents can take Originals with them to the Interview in Mumbai?

3. Do I need to submit photographs (passport size) for my parents to NVC?

A: You NEVER send in the originals because anything you send to USCIS/DOS is considered their property once they receive it and they WILL NOT give it back to you. You always send copies and bring the originals to the interview. You definitely need to submit passport sizes photos of your parents as they are a critical part of the application. Check my guide on making your own passport photos to save money.

Q: I am petitioning for my sister who is New Zealand citizen to come and live here in the US if she wants to 12 years later. With that said, while the petition is pending, can she visit the US without any issues under the Visa Waiver Program? or will it be anywhere on the form asking if someone has petitioned for her for permanent residency? She just wants to visit here under 90 days as the program’s regulation. 

A: No, because the Visa Waiver Program does not require your sister to file applications or go through consular interviews. She can enter the country without any review and can stay up to 90 days as you described. She would not likely be denied at the port of entry because her application probably has not made it to the USCIS database yet.

Q: I live in a small town in Japan and my wife lives just outside of Tokyo. Because I have a contract with my employer and my apartment is way too small for two people to live in, I live in my town on the weekdays and go to her place on the weekends. While my mail does come to my place, I pay bills at her place too. So I am not sure what to put down as my place of residence on the I-130. I guess my question is, for the purpose of this form, can I consider us living together, even if it is only 2/7 of the time?

A: It does not matter; just put the address that you will be able to receive mail promptly without issues since all communication with USCIS is done through mail. During the interview, if they ask you about your living arrangements, just explain it the same way you are doing here and they should understand.

Q: Hello. The Petitioner received an I-797, Notice of Action.
Notice type: Approval Notice section: Unmarried son or daughter (21 or older) of USC, 203(a)(1) INA.

Priority Date: June 9, 2011.
Notice Date: May 19, 2014.

‘This courtesy notice is to advice of action taken of this case. The official notice has been mailed to the authorized representative. Any relevant documentation included in the notice was also mailed as part of the official notice.

It says that ‘The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status application.’ I understand that my PD is June 9, 2011 and according to the latest Visa Bulletin update. My PD is has not arrived yet. The Beneficiary also falls under the 245i Grandfather clause as well. The Beneficiary also has an Immigration Attorney handling all of the process from the start. I am a little confused about the Beneficiary being approved but says unable to do Adjustment of Status. Can someone help me please?

A: This notice is simply to let you know that your petition for immigration has been approved but as you have found out yourself, the current Priority Date for the F-2B category (unmarried sons or daughters) in April 1, 2007, as stated on the Visa Bulletin for June 2014 and therefore you must wait until the visa bulletin shows your Priority Date of June 9, 2011 before you can start any type of process (adjustment of status or consular processing) to get a green card. Basically, you have a long wait ahead of you before you can immigrate to America.

Q: So my dad has a green card, by the time he’ll come back to the states it’ll be little over a year, almost 1 year and 15 days. For the delay, he has valid reasons; his retirement(from work), my grand father passing and he’s being ill. Else, he would have been in the states before a year. What are the possibilities he running into any problem? Also, anything he should be aware of, before starting his travel? Any other heads up or advice?

A: With a Green Card, you can only stay abroad outside the US for up to 1 year. Anything beyond 1 year you are considered as abandoning your intention on permanently residing in America. Before leaving, if you were going to stay beyond 1 year, you should have applied for re-entry permit which would let you stay outside for up to 2 years. Given that he seems that he has situations beyond his control, he could apply for a SB-1 to re-enter the country. Also, it has been noted that since he only stay a little over 1 year, if he is questioned by a nice immigration officer, they could let him back in with a warning.

Q: Few years ago(March 2011), I submitted an I-130 petition for my wife and son. My wife also gave birth to another son. My wife finally got an interview which is scheduled in June. My question is concerning the newborn. I submitted a new petition for the newborn in January 2014, but has not been approved yet. I was reading through the net that the newborn can be added to the first petition and should not have submitted a new petition. Did anyone have that experience? Can the newborn be added to my wife’s petition? Any advice or recommendations?

A: You need to file a I-130 for your newborn as soon as possible, which you have done already. You can expedite it based on your situation and have it added to your wife’s petition so that everyone can get a green card.

Q: hey guys, thanks in advance for your help. I got a citizenship through marriage. And I would like to sponsor my parents for GCs. They currently live abroad in their home country. I’ve read the guide from USCIS and understand that I need to file I 130 for each of the parents. My parents are divorced by the way, but I would like to sponsor both of them just in case they would like to come live here in US. What’s the process is all about and how long does it take from your experience? I live in Colorado. Aslo what is I-130 Petition for Parents of US Citizens through Consular Processing? Do I have to put a check mark in the I130 form indicating that the processing is through the local consulate in their home country? Also how does the medical exam in their home country go? Is there a list of USCIS certified doctors abroad I can use so that they have it in advance? Thanks a lot

A: You need to file I-130 for each parent as you described. The process is usually about 1 year (9-10 months) for Consular Processing. Consular processing means that your parents are NOT in America and will receive a visa to immigrate to America when they arrive. Most of the process is done overseas in your parent’s home countries. Don’t worry about putting anything special on your I-130 for Consular Processing because USCIS will know that your parents are not in America. It will default to Consular Processing. Your parent’s local consulate/embassy will provide instructions and a list of doctors certified to do the medical exam, I don’t know of any way of looking that up online. I have a complete guide to follow to petition for your parent’s green card through consular processing here.

Q: Hi, I’m currently working in PA with an H1b visa but have a B1/2 as well. I’m also due to be married in Sept but my fiance lives in NY. My boss informed me today that after budget discussions, our project will be shut down by end of this month. Should I move up the wedding date (and cancel everything already scheduled)? Will I be able to do everything in 2 weeks to submit the paperwork while still working full time? City Hall requires that both of us be present just to pick up the license and my boss is not willing to give me a day off to go get married and my fiance just started a new job last week so he can’t get time off. Please, any advice you can offer, I would really appreciate.

A: In your situation, I would just first adjust status to B2 after your H-1B is terminated. Or actually, just find another job that will sponsor your H-1B? Then after you have some time, have the wedding that you were planning in Sept and get married the right way. Once you have done that, then start the AOS process. Don’t try to rush things, it will not work in 2 weeks. AOS takes a minimum of 3-4 months (at the best possible scenario).

Q: My brother filed a f4 petition (Priority date : March 28, 1990) for me in 1990. The petitioner moved without updating the address with NVC. As a result, when my turn came, The NVC could not contact me to come claim the visa. Now, I called the NVC and they told me my case has been put on purged status. I was wondering , If my case can be re-instated and visa reclaimed ?.

A: Unfortunately no, generally if you missed the PD, you just have to re-apply all over again. This is why keeping the addresses up to date is VERY important because it is very common to miss mails from NVC/USCIS and they ONLY communicate by mail.

Q: My wife came here on a student visa and stayed after the visa long expired. We have been married for nearly 17 years with a 16 and 13 year old chilren. Many years ago we sent in our paperwork but somehow it was lost and we have done nothing else out of fear. She has an excellent job as they never checked her status and makes over 77k a year. I have health issues and do not work. She does not have any paperwork nor a work permit. We pay taxes and receive no handouts. Heck, she does not even have a foreign accent and speaks english better than most Americans. We would like to get her legal but we have a fear she will be forced to leave or at the very least lose her job which would leave us homeless with 2 children. Do we have any options or do we just hope and pray that something is done in congress(hahaha yah right). Thanks.

A: Generally if she came here legally and overstayed, doing an AOS through your US citizenship will be ok and approved. However, seeing that she has worked for such a long time illegally, I don’t know what is the consequences of that. Do you have any receipts or proof of the last paperwork you sent in to do AOS? Maybe use that as a reason to apply again now, saying that it was lost before and you just didn’t think about it (oversight on your part).

Q: One of my aunts is visiting his native country and recently, she received her GC approval notice (based on her son’s citizenship). Now her lawyer is asking about 1500 for “affidavit of support fee, attorney fee, and immigrant visa fee” because since my aunt is visiting her native land, they will have to go through National visa center, hence, they need to file immigrant visa fee and also file affidavit of support fee”.  My aunt suspects her lawyer is trying to dupe her. Is what she’s been advised normal or is her lawyer really trying to dupe her? P.S. Her approval notice arrived 2-3 weeks ago and she was hoping to receive the physical card sometime this week, and subsequently, have it shipped/sent through someone visiting her native country. 

A: Firstly, why is your aunt trying to leave before getting the green card? I mean, just wait for it, it isn’t very long if you already received the approval notice in the mail. Why such a rush? Just get the green card, then go home, then come back without any issues (assuming its a short visit less than 6 months). There shouldn’t be any fees to pay whatsoever. I think the lawyer thought your aunt is trying to APPLY for a GC, instead of waiting to get it physically after being approved.

Q: I have been dating my girlfriend for the past two years long distance. We met here in the USA at a coffee shop and when her visa expired she returned to Moscow in 2012.Since then she got a new 3 year visitor visa in 2013 and has been back to see me twice, and I just visited her in Moscow this past May.We have both come to the conclusion that we desperately want to be with each other. Although we talk daily and I know I love this women, I think both of us would like that final confirmation that we should get married.I think in a perfect world she could come here on a visa that would allow her to work and we could continue to date each other more seriously, and then ultimately get married. However, we all know we don’t live in a perfect world and my heart tells me she is the one I am supposed to be with.So here are my questions: 1) What is the fastest way for her to get legal working status? Marriage? some sort of crazy medical profession visa I don’t know about? 2) If we do get married should we do it in Moscow or USA? I heard that if she enters the country as your wife then a green card is immediate, and if you wait it takes a year.3) What can a Lawyer do for me?

A: The fastest and best way is to ask her to come to USA on the tourist visa that she has, wait 90 days (see my post about waiting before doing Adjustment of Status - AOS), then get married, here in the USA, just legally, no need to do fancy ceremony. After marriage, apply for her green card through Adjustment of Status. This way allows you to see her continuous during the process and be physically with her. Also during a pending application, if she received the EAD card with Advanced Parole approval, she can also return to Russia for a short period of time to maybe have a ceremony there as well. She can start working as soon as she gets her EAD card, which takes about 2-3 months after you apply. So you have a total of 6 months or more without work, but this is the fastest way. There is no need for a lawyer, just follow my guide on immigration through marriage.

The Q&A is continued on Part Two.

Posted in: Green Card Marriage, Q & A, Resources.
Last Modified: June 29, 2014

368 thoughts on “Family Based Green Cards Common Questions and Answers

  1. kachi

    Hi,how are doing?I have a question,my daddy is a united state citizen,he filed paper forr me and my sibling am a nigeria,they are on our case now,under vermont we are over 21 how long will it take before they will get back to my daddy through mail ,I heard there is a form meant to be filled by me and my siblings after that our date of interview and medical text will be sent.I have another question,one of my sister got married just last year,after my daddy has filed us single 2012.plz tell me hope It won’t hider or delay our travelling cause,she is going to say the truth in the form that she is married.

    1. admin Post author

      Time of processing varies and nobody can tell you exactly when. Just make sure you check your mails. Your times will probably be further delayed because you are all not the immediate relative category due to age. Your sister is in the last category because she is married. It will take years to get your green cards.

  2. Chioma

    Hello. And thanks for this Question and answer blog. My mum is married to a U.S citizen and she is now a citizen. She Filed a form I-130 for a child over 21 for me in 2011, when she was still a permanent resident. The case is @ California Service Center and still on initial review. Do u have an idea, how long more before approval, Plus am still single but I have a son. I had him in 2012 which means he wasn’t included in the form. How do I get him included after the approval?? This is the 2nd time an I-130 form has been filed for me. The first was by my stepdad in 2008 when he filed for my mum I was 23 then, so he filed seperate I-130 forms, my mum got to America in 2009, but they didn’t hear from homeland securities Concerning my Own application until 2011 when they were mailed that my application was denied because my Stepfather was not my Biological father. My mum now had to refile in 2011. I am also from Nigeria.

    1. admin Post author

      You are in the F-2B category which will take a long time for you to get a green card. Your priority date is probably sometime in 2011 and the current dates are only until 2007. There is nothing you can do but wait, so just live your life and don’t think about coming to America yet because it will be years before you can do so. You can file another I-130 for your child to be included with your application. You have more than enough time to do this.

  3. Cherri

    Good afternoon. I am hoping you can help me. I married a US citizen when I was in the US in March. I returned to Australia after the marriage to sort things out here and to start the immigration process. My husband does not have a job and hasn’t earned an income for the past 4 years. His mother and his brother have offered to sponsor me for the AOS. His mother is just under the required income to be eligible and I understand that I would have to make up 5 times the difference in my own cash and convertible assets to met the requirements. I am able to do this. His brother however will have no problem meeting the requirements. My question is about applying for obamacare as I understand I must have medical insurance when my application is approved and I enter the US. (note we have not even applied for the I130 yet). If I have understood how this works correctly my monthly premium will be based on my sponsor’s income, is this correct?

    1. admin Post author

      Hi

      Unfortunately I am not familar with the laws regarding healthcare requirements. Check out https://www.healthcare.gov/ for more information. Good Luck

  4. Caryl

    Hi… I love your blog and I am hoping that you can help me also. I applied the petition to remove conditional residency (I-751) with my minor son. But only him received the biometric appointment. I called USCIS but they told me to wait 30 days to contact them again (if I still don’t receive my appointment notice) after the receipt of my application. I called them on the date they advised me, it was just a week before my son’s appointment date and they had little knowledge of what was really going on since they told me to just wait for my appointment letter to arrive. I insisted I needed further help so I asked for another agent. I had to go through needles just to get an answer from them wasting so much valuable time. I talked to three nice agents and they told me the same thing. So I requested for an appointment for me and reschedule my child’s appointment date but they told me it will take some time. I said I can’t take chances since my husband is due for a surgery anytime, I wasn’t be rude at all, I was being nice as I can be the whole time but I was firm that I need answers. Then, all of sudden the agent told me that in further checking, she found that they already have my fingerprints and photo from my previous biometric appointment from two years ago.
    A friend of mine also applied for her I-751 with her kids but her children didn’t receive their appointment notices. We have not received any letter from USCIS in regards with them using our previous photos and finger prints. So my question is, is it possible that they use applicants’ previous biometrics?

  5. Vi Tran

    I sponsored my mother to the USA on immigration visa (or a permanent resident); she will automatically get her green card once enter the USA because it’s an immediate family relative. She already arrived USA for two months but has not received a green card yet? Does anyone know how long it takes to receive a green card? Any helps would be greatly appreciated.

    1. admin Post author

      You must be mistaken; nobody ever gets an automatic green card upon entering the country. What visa did she enter with? If you did this right, she should have a I-551 stamp in her passport as a temporary green card. And based on your mother’s application on where she will be living in the USA, that is the mailing address that USCIS will send the green card to.

  6. Sam

    Hello,

    I am about to file for my US citizenship. I have been married to my wife for more than 2 years. However she is living abroad because she does not have a permanent visa, we are living separately (which is very hard). However, luckily she has a visitors visa so we can visit each other once in a six months. My questions are following,
    1. Once I get my Citizenship when shall I apply from her GC?
    2. Does the 90 day rule applies in my case too?
    3. Can She come here on visitors visa and then we file the application or she can not come here when I am filing for her GC.

    I will appreciate the response. Thanks!

    1. admin Post author

      1. once you get your citizenship, you can apply for your wife’s GC right away. I don’t believe there is a waiting period.
      2. The 90 day rule applies for your wife; if she enters the country through the tourist visa, and files for AOS within 90 days, that is considered entering under false intentions. Your marriage does not matter because it is all about what she intends on doing when she enters the country on a specific visa.
      3. She should come here, stay 90 days or more, and then file AOS.

      Good Luck

      1. Sam

        Thank you very much for the comments.

        If she comes here on visitors visa, do we need to file I130 or I485? or both?

        Thanks again!!

        1. admin Post author

          After 90 days, apply Adjustment of status through I-130 and I-485, both.

          1. Sam

            Thanks!! u r blessing for we poor souls!!

  7. Sidra G

    I am a GC holder and applied for my unmarried son visa, but I am currently residing out of the USA over more than 3 years now. However, my son visa has just arrived. My question was will it cause any problems since I don’t live in the USA any longer?

    1. admin Post author

      Yes, it is a problem because your GC status is in question. I think the maximum you can stay outside the US while a GC holder is 2 years with reentry permit approval.

  8. Pattie

    I am a us citizen living in Canada with my husband.
    I want to move back yo California to be near my family.
    My husband is the money maker and we do have some money in rrsp’s, will they take that money into account?
    I was hoping not to spend another winter here.

    1. admin Post author

      I don’t think you can use retirement plans to qualify unless you plan on cashing that out soon because your husband is near retirement age.

  9. bianca

    Ok so my mother got married to my step dad in the 90s filed a i30 she has had her papers for over 10 years now and I still don’t have anything but I then got the acceptance letter n now my case is in the nvc but its been so long it been about 10 11 years ago and now my stepdad has passed away can I still look into the process of the nvc and see if I can complete the process or do I have to re do the process and do a different process of papers his the one that filled for me so what can I do would I be a blessing to finish the process even though it’s been so long??? Plz help

    1. admin Post author

      When the I-130 was filed for you, were you under 21 at the time? Because if you were, I don’t understand why it took so long since you would get the visa immediately. If you were over 21, the wait could be long but not 10 years for F1 preference category. It is likely you need to start over on your application

  10. maria

    Hi,I just need clarifications with our situation. My grandfather petitioned my dad with his family (we fall under the category of F3) and we got in the US last 2012(my dad,mom,brother and me) but my sister was left in the Philippines because she aged out (she was 23 that time and her name was not in the list anymore) and right now my dad would like to file a petition for her. So I have few questions in mind
    1.What are the steps in filling a green card for my sister?
    2.Can we use our priority date before?or expedite the priority date for her?

    1. admin Post author

      The same steps are needed to file for her green card; first file a I-130 for your sister through your father. She will be placed in the F-1 preference category and check the visa bulletin for the priority date. There is no such thing as expediting priority dates or exchanging it. Your sister’s green card application is independent of anyone else’s. GL

  11. Raymon

    Hi there,
    I am the spouse of a U.S Citizen we got married in Jan 2010, my son was born abroad and is a U.S Citizen then we visited U.S in May 2011, when he was 6 months old, I had 5 years U.S visit visa and I am now on a green card since Dec 2011.
    I got my conditional green card on Dec 2011 (through adjustment of status from B1/B2) and had to re-apply in 2013 Sept to remove conditions from that conditional greencard. In Jan 2014 I got unconditional GC valid for 10 years.
    Now I want to apply for Naturalization as in Dec 2014 it will be 3 years since I got my GC.
    I have few questions regarding Filing N-400 for Naturalization
    My first Question is that I had filed my taxes in 2012 and haven’t filed my taxes in 2013 as I had low income and also had business losess. I have 1040A transcripts form IRS for 2012 when I filed my returns jointly. and have 109k for 2013 and an IRS transcript showing I haven’t filed any taxes for 2013. and for 2014 I still need to wait till end of Dec 2014 to file so I believe I don’t need to worry about this 3rd year IRS Transcripts. So for 2012 shall I send USCIS both the 1099k and Non-Filing Transcript and mention that I had low income or just 1099K.and mention nothing as they will know themselves that I had low income so havent filed 1040A and or state taxes.
    Secondly I had about 4 travels abroad to visit my family one was for 154 days one for 164 and two for 53 days each. Shall I explain to USCIS in below line or in a separate page the reason for travel or its ok just to write the dates and days as all are less 6 months of duration?
    Thirdly shall I write a cover letter to explain what is included in the application pack.
    Thanks.
    Kind Regards

    1. admin Post author

      Regarding your taxes situation; it is fine that you ended up in a low income situation as long as it is legitimate. I don’t see why they would deny green card holders who have unfortunate situations citizenship; where else would they go? About the absences, they are quiet long but since you were able to keep your green card upon each return, maybe it is ok? I am sorry I don’t have much reliable information to give you as your situation is unique.

  12. Samantha

    Hi im in a long distance relationship with a us citizen for 3yrs …so we finally decide to get married nexy yr 2015 ..i have a valid tourist visa also my son …i want to know after marriage how do i go about collecting documents that we dont have cause we communicate over internette or phone calls .. And what is best i stayed and try to add my name to her bills or go back to my country after marriage & wait a while before filling the i1-30 form?? & how do i include my son in this??…… Thank you inadvance

    1. admin Post author

      You can provide phone call logs from your phone bill; internet is kind of tough so you may have just have to take screenshots of the many call histories. Your son, I assume is under 21 and not married, in which case you can simply add him as a dependent on your green card visa and there is no need for a separate application. The easiest way is to file adjustment of status while you are in America; this allows you to stay together while the entire application gets processed. If you go back to your home country, you will have to apply through consular processing which is much longer.

  13. Mano

    Preference Category: F4
    Your Priority Date: 2002 Applied
    2009 we got the very first letter
    2014 (now) we got the nvc welcome letter

    we go through that six steps. but my children name’s are not there in that online forms.

    Dear Sir,
    Good Day to you.
    I got the NVC welcome letter from last week. So I have to let me know some details regarding my son’s visa matter. I have three sons,

    1. Son1

    Professional: Bsc (Hons) Software Engineering
    Date of Birth: 1986.10.20 – 27 Years old now (Unmarried)
    When my sister apply the sponsor: 2002 and that time his age is 16 years old

    2. Son2

    Professional: Bsc (Hons) Software Engineering, Final year student
    Date of Birth: 1990.12.30 – 23 Years old now (Unmarried)
    When my sister apply the sponsor: 2002 and that time his age is 12years old

    3. Son3

    Professional: Student
    Date of Birth: 1994.07.14 – 21 Years old now (Unmarried)
    When my sister apply the sponsor: 2002 and that time his age is 8years old

    I would like to know if any age restrictions in the case of visa application. Please kindly let me know the details. Sorry for the trouble and inconvenience case. I’m waiting for your kind reply.

    Regards,
    anukeys@gmail.com

    1. admin Post author

      It seems that your sons have aged out. When the priority date became current, your sons are all over 21 years old, so they are no longer eligible for the green cards as your derivative family member. What you can do is get your green card, and then apply for your sons. They will be in the F2B category which would be faster than F4.

  14. jen

    my fianace applied for the I-130 for his mother but forgot to add his little sister. What will happen. She’s under 163 years old.

    1. jen

      13 years old not 163

  15. Ali

    Hi,

    My mother who is a US Citizen petitioned my case and file I 130 (F1 category), the case was approved in 2007 but I returned to my homeland and did not pursue the case further. What process would I need to follow to revive the case and file I485 after 8 years now. I am now above 21 years and also married.

    1. admin Post author

      You need to check with a lawyer

  16. Sam

    Hi, I need some quick advise please. I’m a GC holder as of Jan 2015. My GF is a French national and can visit the US on the Visa Waiver Program. I was wondering that if she travels to the US this month and we get married by the end of March, would it be possible that she lives with me during the time we apply for a spouse visa for her: F2A category I think?

    What would the process be?

    Any help with be greatly appreciated :)

    Thanks

    1. admin Post author

      The current F2A priority date for her is Aug2013 so she cannot stay with you while the application is pending.

  17. Ivan Gomez Trujillo

    My grand father (father’s father) was a US citizen by birth, born on 1897, he lived his childhood and youth in the USA, went to Cuba, got married on 1921 and his first son, my father was born in Cuba on 1922, my grand father came back to the USA and settled again since 1968; he passed away on 1991. My father got married on 1948 and I was his first son (I was born on 1950, I live and always lived in Cuba and now I am legally visiting the USA since last 6 March to get back to Cuba next 4 June). My father settled on the USA since 1968 and on 1974 he applied for, and received, the USA citizenship by naturalization. He told me that when he received his citizenship, the official in function told him that, because of the fact that his father was a US citizen by birth, born on the XIX century, who spent his childhood and youth in the USA, he (my father), had the right to become a USA citizen since the moment when he was born (but I don’t know if this right was by naturalization or by birth). My father passed away on 1999 here in Miami. My brother (the son of my father’s second wedding), was born in Cuba on 1957, settled with our father in the USA and is a US citizen. He is a disabled man (sick of schizophrenia), who lives in Tampa, in a health care institution. I would like to know if the Law of the USA gives a person like me, from the viewpoint of my genealogical features, to apply for and even to receive the green card. A green card would allow me to come easily to the USA, to work legally to care about my brother.
    I would deeply appreciate any information or advice you could give me about my interest I just explained you.
    Sincerely yours,
    Ivan Gomez Trujillo.

    1. admin Post author

      I don’t think you can apply because your father already passed away. Your brother can sponsor for you but that will take 12+ years.

  18. Mody

    I sent 2 G-325a forms for me and my wife 5 months ago to USCIS with I-130 petition. Recently, when I was looking in my G-325a form copy, I found I wrote my first name instead my father’s. My case is in NVC now. What can I do to correct this mistake?

    1. admin Post author

      call them

  19. george

    Hi I am a USA citizen and married my wife in her country (lithuania) this past October. I’ve filed i129 to petition for her and also a k3 visa to expedite the paperwork according to the immigration services office I’m using. My question is can my wife come visit me in the USA while we wait for answers from the embassy, its been about 5months and our paperwork is still pending. Thanks

    1. admin Post author

      yea actually she could have just come on a visa waiver program as tourist and then you can file for green card directly.

  20. Sara

    Do you know if you can get a green card – the family one, if a friend gives you an “affidavit of support”? That they will support you? I’m asking because I’ve been with my boyfriend for 5 years and my parents love him and they pay his way for everything, crazy but true. They’re wealthy and they just love him but anyway. We are not wanting to get married at this time because it’s just not good timing in our lives right now I wanted to wait till my late 20s to get married really once I had my own money and can move into my own home. I’m currently living back and fourth between his country and California, my parents have homes in both, and I HATE IT Ive had it traveling back and fourth. I want to move back to the U.S. and bring him with me. My parents make over 1 million per year and if they signed they would support him financially would that count as an affidavit of support for a green card or is it completely limited to blood relatives only? He’s 24 by the way if that makes a difference. Thanks
    Edit

    1. admin Post author

      Your parental support is sufficient for affidavit of support. However how can you apply a GC for him if you don’t get married? Who would petition for his GC? You can’t since you are not married to him.

  21. Ninny

    Hi! Thanks so much for your blog, it is very informative and helpful. I am in the process of immigrating my father. He is currently in Mexico and was deported in his absence because he never went back to court. He paid bond money and when having to go back he never did. I asked the court for any criminal records and nothing comes out. Now does this mean his record is clean? Should I start the I-130 petition or is there any way I can ask immigration services if they have any criminal records on him? What do you recommend? What do I do?? Thank you!

    1. admin Post author

      If there are no court documents indicating he had been charged with a crime, then it never happened. I don’t see how that is possible though, because usually the courts keep that kind of records. Are you sure you looked into the right courts?

  22. vk

    hello, i xame to america with my step mom when i was 16 and now ihave recently became us citizen, all my gc documents has my step mom name, niw i want to sponsor my real mom, my mom and dad divorced when i was 3 . my question is . can i sponor my real mom even though my step mom name is on my documents

    1. admin Post author

      you can, you just you need your actual birth certificate, divorce records.

  23. pitter tang

    Hi all,
    I am a 25 years old. My parents filed an I-130 for me when I was in the USA as an international student. Since then, I am leaving in the USA as an international student. Recently, I received a “NVC welcome letter”. However, it says, my visa interview will be in my old country but I haven’t paid any fees yet.
    I want my interview in the USA not in my old country. What I need to do to adjust my status? My visa number is NOT current yet. Should I file I-485 now or wait till my get visa number current? Should I wait (doing noting) till my visa number get current?
    Thanks bunch.

    1. admin Post author

      How can you do an interview in USA? You have a pending immigration application via consular processing. If you enter the US on F1 or B2 then tried to file I-485, wouldn’t USCIS see you already have a pending case? I don’t think you can do the interview in USA.

  24. steve

    Hello, just a quick question… if I never had a job and never paid taxes but have a eligible sponsor for my wifes GC on the i864..is this ok?

    1. admin Post author

      Yes anyone can be a joint sponsor, friends or relatives are all ok.

  25. Carolina

    Hello i am under DACA i came to this country when i was 4 illegally thru the mexican border just recently my uncle passed away my fathers brother . we were all devestated since he was the one who took care of us before coming to the USA well before that happen my lawyer told me to apply for advance parol to visit my very ill grandfather who isnt my biological grandfather but he raised me and my sister i never met my real grandfather my application is still pending i went to my local USCIS for an emergency AP to visit my uncle who passed away but got denied since he wasnt concidered an emergency i left that office crying because they didnt allow me to go to his funeral next day my grandma told me that my grandpa disnt take the news to well about my uncle passing away since that was like a son to him so my grandma sent me a letter from his doctor stating that my question is will USCIS deny me since he isnt my real grandfather we dont have the same last name

    1. admin Post author

      No one can be sure, if you want more help you might need a lawyer to help defend your case.

  26. Maria

    I am married to a us citizen and my I-601a was approved. I have my interview scheduled with the us consulate in mexico on January 15. my husband and I don’t make enough to cover the required poverty guidelines but I work because my husband can’t due to his disability(schizophrenia) we have 2 us citizen children and both are on food stamps. would that be an issue in my interview with the consulate? however.. we have a second sponsor that is supporting our case. my waiver is approved but I am afraid that for any reason they may find me inadmissible at the consulate in my interview?

    1. admin Post author

      I don’t have experience with I-601A. Good Luck.

  27. Ami

    I’m Canada citizen and I married to us greed card holder they approve me a green card but I have to go to Canada for my card ..I don’t know if they will let me come back .. Pls if you can help me..thank you

    1. admin Post author

      why wouldn’t they let you back? did you commit a crime?

  28. Carl Vincent Casimiro

    Hi!

    My AOS is still pending and waiting for decision (no conditional green card yet). My wife is a US Citizen and i have one kid on my previous marriage. My kid is in Dubai right now and will turn 18 this year. Can my wife petition my kid while my AOS is still pending? or do i need to wait first my conditional green card to come before i can petition my kid?

    Thank You,
    Carl

    1. admin Post author

      If your wife legally adopted your son from your previous marriage, she can petition him for a GC.

  29. Poi

    Hi,
    I am working in the U.S. under O-1 visa. I filed I-130 as a daughter (over 21 years old) of my mom who is a U.S. citizen. I-130 was approved and indicate the priority date on April 19, 2016. Regarding to the USCIS website, the latest I-485 that was approved is still on 2009.
    My question is do you think that having O-1 visa would make the process quicker?
    Thank you very much for you comment.

    1. admin Post author

      O visa has nothing to do with your mom filing GC for you. However, typically O-visa holders can get GC fast and you should look into that instead of using your mom’s sponsorship.

  30. Tim

    Hi
    I want to apply for i130 for my sister. She is currently going through a divorce in India. What marital status I select for her in i130 application and box 12 Date marriage ended as her divorce is not finalized yet.

    1. admin Post author

      Can’t you just wait until the divorce is finalized? Your sister won’t get a GC for 15+ years, a few months isn’t going to make a big difference.

  31. Tari

    I came in as a B2 visitor got married to a US citizen and we have filed concurrently. However, we haven’t received any notice of receipt though from the mail tracker, it shows it was delivered. My i94 expires in two days, what if my application was sent back for any reason, what do I do. Would I be considered as out of status.

    1. admin Post author

      You technically are not in legal pending AOS status until you receive the I-797C notice of action saying your AOS is under process. You should have applied earlier but since it is marriage to USC, overstay/out of status is typically forgiven.

  32. Gareth Segree

    What it my daughter 4efuses to sign the affidavit of support as the main sponsor?
    Can I get another family member to do it?

    1. admin Post author

      Yes, any friends (not related) or other relatives can file a I-864 as a joint sponsor and they can help with the income requirement.

  33. stacy

    Hi my father filed for my gc….. I recently received my interview date but my child’s name wasn’t mentioned in the letter….. what should I do?

    1. admin Post author

      Contact USCIS through InfoPass.

  34. Usain

    My mom’s sister who is the permanent resident of US filed i-130 and i-485 (adjustment of status) for her. It has been approved already.
    My question is how is it even possible to file i-485(adjustment of status) while my mom is outside of the US .
    Please guide me i’m really confused.

    1. admin Post author

      I think the I-130 is approved but as you said I-485 is not possible since she is not in the US.

  35. Moon

    Hello,
    Does a marital status of a US citizen affect the process of sponsoring his/her biological parents living outside US?

    1. admin Post author

      No it does not

  36. Craig Kelley

    Hello,
    Do I need to mail an original form I-864 (Affidavit of Support) to my spouse to take to her interview, even though I have already mailed one to the NVC (National Visa Center)?
    I have found contradicting information regarding this and wanted to ask someone who has gone through this process. Thanks.

    1. admin Post author

      A copy would be enough, and copies of the supporting financial documents.

  37. Aime

    Inrecently helped my mom file for her permanent residence. She got approve in about 2 & halfs months since she entered on a work visa. I got married in August of 2016, with my husband who lives in Mexico. I sent out the I-30 (I believe that’s what it’s called), on Oct 17, 2016 & I received the receipt just today (sat October 29, 2016). I am also currently 6 months pregnant due on the first days of February. My question is does the process take long? If so how long? He doesn’t have any sort of criminal record and his never been in the U.S. also, is there a way he can come before while the brith of the baby? I’d hate to be alone at the time. Also, financially he is the one who would work since I currently am not able too & won’t be able to once I give birth & I have another 3 year child who he helps with.

    1. admin Post author

      This post is confusing, your husband has no criminal record or your mom? Are you filing for your husband? But your post says you are filing for your mom.

  38. ije

    My mom filed for us 3yrs ago and up till now we’re still waiting. we are from Nigeria. Now i don’t know if i should get married to my US citizen fiance in order to apply CR-1 visa, or remain single and have him file the K-1 visa for me to migrate faster. Finally, will any of his filings nullify my mom’s filing of FB-1

    1. admin Post author

      If you get married and file for GC through your USC spouse, it is the fastest way to get a GC and you can stay in the USA while doing so. By pursuing this application, the one your mom filed for you originally would just continue but probably useless since you will get a GC much faster through your spouse.

  39. swayam prava rath

    Sir my family had nt done family planning and i am a single girl child of my parents can i get a green card now???

    1. admin Post author

      Not enough information here not sure what you are asking.

  40. Christine P.Apostol

    Hi, I’ve read some of posts here and I was encouraged to ask for my case.I have an approved petition under F2B category.But unfortunately my petitioner,my father died few years before my petition was approved.Also I got married before the petition was approved.is there any hope for my petition? Thank you.

    1. admin Post author

      If you got married, you no longer qualify under the original application.

  41. Tiffany

    Hi I am 24 years old my mom lives in the u.s she got married before I was eighteen years old an she got a ten year green card. I was wondering if she can file for my 7 year old daughter and I we live in jamaica. My daughter an I have a B-2 visiting visa for the u.s I was wondering if I can stay over there an do it or is it better to stay in ja an do it an if yes how long will it talk. An how will I go about it thank you.

    1. admin Post author

      Are you suggesting your mother sponsor your daughter for a GC? There is no such thing; grandparents cannot sponsor grandchildren for GC.

  42. Tina Pham

    Hello,

    I sponsored my sister to the USA on immigration visa (permanent resident). She already arrived USA for over 6 months, she appied for a green card at the airport, but now she has not received a green card yet? Visa F32. Please advise ….Thanks

    1. admin Post author

      I would consult USCIS via InfoPass.

  43. Akki

    Hi, I would like to discuss my situation. My case is in NVC, but my brother (who sponsored me) is not willing to continue with it. Is there any way that I can complete the immigration process?

    1. admin Post author

      Is he withdrawing the application? If he is, you might be out of luck.

  44. HEATHER

    Hello, I’m going through the process of trying to get my husband a green card. I was told I needed to file an I-846 to sponsor him. However according the the poverty level guidelines I do not make enough money (we also have a daughter together who is a us citizen). I was wondering If I could have another family member ( perhaps my sister) to help sponsor him? Or is that not possible?

    1. admin Post author

      Yes, friends and family can also file I-864 as joint sponsors to support your application.

  45. Alemar

    hi! my daughter and i recieved the visa last year august 2015, i had the interview and now im here, but my daughter mised, because she went in japan with her mom. what happen to her petition, how can i get her, do i need to file a new petition for her? thank you….

    1. admin Post author

      Might be considered abandoned if she did not attend her interview and need to start over.

  46. Maribel

    I summited my husbands I130 and it was approved 4 years ago. We then didnt continue with the process due to money. And we received a letter for the NVC if we were going to continue we said yes. Now my questions is do i need to resummit the I130 and pay for it or do i just continue with the paperwork?

    1. admin Post author

      Continue with the existing application, based on what you are saying.

  47. Kristine

    Hi,

    Just wanted to ask. I am still legally married with my spouse but we are separated for 8 years now (not living together) and have lived our own lives. I recently had an approved visa under employment-based category. We are in good terms and have decided to include him as follow-to-join. Is this acceptable?

    1. admin Post author

      There is no strict definition of a marriage and if you sponsor for him, they just need to know your marriage is “real” and not just created for immigration. Other than that, if you have an open relationship or live apart, these aren’t immediate disqualifiers just would get a second look.

  48. CF

    I want to Sponsor my bf’s niece to receive a green card, but I am not on the list of Sponsors on her application. But she has my sponsorship letter. Will that be a problem when she goes in for her interview?

    1. CF

      I am in the US and she is in another Country. Just wanted to clarify.

    2. admin Post author

      I think you mean you file I-864 as a joint sponsor for your BF’s niece to meet the income requirements? If so, the niece just need to mention the relationship you have with her, if asked. It is ok that you are not on the application except for the joint sponsor one.

  49. Olimjon

    Dear Admin
    is that fine if go to study to US by student visa while my Green card application is in process . It was applied by my parent who also Green Card holders and how long does it take approximately?
    I am 25 years old not married
    I am from Uzbekistan Central Asia
    will be looking forward to hear from you
    Thank you

    1. admin Post author

      I believe you can try getting a F1 visa since your GC will take over 7 years to complete. You might have a case that, you will complete studies and return to your home country to wait for the GC priority date.

  50. Ruby

    My friend and I were wondering if a canadian passport has not been stamped can that person get married in the USA??

    1. admin Post author

      Stamped with what? Canadians can visit the US on Visa Waiver and if they decide to get married in the USA, there is nothing wrong with that.

  51. ghill

    my husband is usa citizen and filed for his children over 21 how does it take for them to come over here

  52. Amanda

    Hello, My father who is a US citizen wants to file a petition for my Brother who entered the US legally with his wife and son on a tourist visa.(they still have a visa for 7 more years) My dad want for them to stay, we would like to know if they can stay without getting punished for staying.

    1. admin Post author

      They cannot stay while the application is pending. Because your brother is married, he is no longer considered a child of the US citizen and therefore goes into F3 category and currently a 12+ year wait

  53. Diane

    Hello, I have a question for my VISA application. I have submitted I765/ I131/ I130/ I485, and I already got my bio finger printed last week. However, recently my husband (US citizen) just lost his job and wants to file the unemployment. If he files the unemployment, will that affect my VISA application? Please help, thank you so much.

    1. admin Post author

      Hard to tell; at the interview they mainly want to know about your relationship and not the income if it was already filed with the proper paperwork and documentation. However they can always question it.

  54. Myriam

    I want to know if I am a legal guardian of 16 year old grandson can he file a green card for me.

    1. admin Post author

      No

  55. GM

    I moved to the USA and got married with USC, got my green card in January 20th. My daughter is still back in my country and we would love to bring her here to live with us as she belongs where I am at. Please explain what needs to be done. how long is the process and fees involved.

    1. admin Post author

      The quickest way is for your spouse to legally adopt your daughter, then for your spouse to file for your daughter, which would be immediate processing.

  56. H Desta

    I’m a US citizen and wanted to apply for my Mom. I was going to fill out Form-I 130 but on my Birth Certificate, their is a spelling error on her name and age difference than on her passport. She was here in the USA a couple of times with her Visit visa but now she is back. how do I deal with my BC?

    1. admin Post author

      You should have a government issued statement or something to back up the mistake and that you are truly the daughter.

  57. Trev

    Hi I am filling out the n400 application for citizenship. I don’t know where my father is and have not known his whereabouts for 10+ years. There’s a question on the application asking if my father is a us citizen, yes or no. It’s not a question that I can put N/A on. What should I put? Last time we spoke I don’t believe he was a us citizen. Thank you in advance

    1. admin Post author

      Putting No does not impact your application at all, so just put No.

  58. Lata

    Hi, I am a lawful permanent resident of USA. I heard that if I apply for green card for my mom before I get citizenship it could help the process to be fast after I get the citizenship. Is that true?

    1. admin Post author

      How could that be? As a permanent resident you cannot even file for your parents. Only US citizens can petition parents. Your application would probably be denied.

  59. Chris

    I was a lawful permanent residence of the United States (Green Card Holder), and latter naturalize to become a US citizen, my alien registration number (when I was a Green Card Holder) is also written nest to my certificate number on my certificate of naturalization. Now, I am filling out form I-130 for my wife; Question 10 of section B of this form asks for alien registration number. My question is, since am already a US citizen, petitioning for my wise as a US citizen, do I need to write that Alien Registration Number on Question 10 of section B of this form or write N/A?

    Thanks for your response

    1. admin Post author

      Yes you do still need to provide it.

  60. Sky

    My ex fiancée left me from the guy from Gambia she met on Facebook they haven’t met in person before but now she wants to go to Gambia and marry him so she can bring him to the US on spousal visa well I reported my ex fiancée’s boyfriend to the USCIS and the US embassies in Gambia Senegal Botswana South Africa Nigeria Spain and England that he wants to commit marriage fraud and he tried to travel to the US with a fake Norwegian passport he bought from Poland online and I told the USCIS that he sells drugs and cocaine in Gambia and I also told the USCIS and Embassies overseas that my ex fiancée is homeless she sleeps in the car with her second ex husband she only gets $400 a month from her first ex husband if she borrows $3000 to marry that guy in Gambia can he still get spousal visa and come to the US I sent all his photos to the embassies his name last name and date of birth and USCIS has his photos and his information too they all know my ex fiancée is homeless and now he has serious issues with Uncle Sam the IRS she owes $835 to the iRs she filed income tax this year she suppose to get $350 but the IRS garnished it all from her tax return they told her to pay the remaining balance of $485 does that make her ineligible to sponsor a spouse from overseas

    1. admin Post author

      I really have no way to respond.

  61. Martha

    Hi I currently haven’t filed taxes in 8 years as I have lived out of the US and always made less than 1000usd a month. I am a US citizen born in Florida. I have been married for 3 years and we are currently having a little girl in the next month. I want to give my husband his papers and ofcourse i already have an affidavit to support us. Since I am currently pregnant and in the US, I asked for Medicaid and food stamps and it was granted. Should I have any problems? Thank you !

    1. admin Post author

      Potentially but as long as you can document income beyond the poverty level for your household, you should be ok.

  62. Jojo

    I need an advice, I am a US citizen and wanted to bring my dad and my mom to the US for a visit but since my dad is blind, do you think the immigration will approve him to come to the US?

    1. admin Post author

      Generally health related issues that causes the immigrant to be inadmissible are addiction to drugs, communicable diseases, or physical/mental disorders that will harm other people. Being blind does not automatically disqualify your dad in obtaining a GC.

  63. AAB

    Hello, I have applied for my dad for an adjustment status who is currently in America legally on a tourist visa. I only submitted form I-130 which USCIS have acknowledged receipt. My dad plans to leave next month to my home country. Will it be ok or do I need to file a separate form I-485 for adjustment status?

    1. admin Post author

      He is free to leave and you should file I-485 next time he comes back and can stay for a long time while the application is processing.

  64. Faahad

    Hi,
    I am us citizen and my wife also and I have two kids,one of my Indian friend came to my house 2 times and close to my family,and when I go to work he talking to my wife,that guy is illegal and convicted criminal ,,he is shoplifter,drug maruwana selling in Chicago or 3 crime he already arrested homeland Security for fake marriage ,I helped him release from bond,he brain wash my wife mind. Leave ur husband and marriage with me,how to complain in ICE or Homeland Security ,how to I do.
    I know his name everything. What should I do.

    1. admin Post author

      This isn’t an immigration question. You can report him to ICE, police, etc and provide your evidence and file a complaint but this is totally out of what this website is trying to help with.

  65. Catherine

    I got married with a US citizen who then filed the petition for me and my son. then we got the condition green card. However, while living together, my son (16 years old) and my husband could not get along with each other for a long time. When my son needs to remove the conditional green card, my husband refused to fill the petition for him. Can I still submit the form I-751 for my son (remove conditional green card) without my husband’s signature. Can i choose the waiver because of hardship. Thanks a lot.

    1. admin Post author

      This really requires a lawyer to help, it is a complicated situation.

  66. indi

    hello everyone my case under f4 category got visa on april 13 ,2017 while filling ds-260 form there was a point where ask do u want to travel with ur spouse i tick mark no and tick on yes she will later join me while receiving my visa from us embassy i got my alien number and wife alien number too while checking on ceac my wife cases show ready and follow to join how much time does it take her to join me and can we both travel together .

    1. admin Post author

      cases vary per application. GC spouse is in the F2A category so currently a 2+ year wait.

  67. PRAKASH PATEL

    my dad filed my family under F3
    MY DAUGHTER WAS 11 YEARS OLD NOW SHE IS 23
    WE ALL GOT THE GC INTERVIEW SHE DID NOT WHAT WE CAN DO IN ORDER TO GET HER INTERVIEW CALL FOR GC
    THANK YOU
    PRAKASH

    1. admin Post author

      She should still get the GC since she was only 11 at the time of filing.

  68. Jayjay

    Hi there,
    My father filed an immigrant petition for me in 2013. Got approval in 2015 and in the post decision activity status. My questions are: What’s the next step? How long do I have to wait for the next stage? Is there like a chart or something to check when my priority date is? When should be expecting the delivery of my GC

  69. Oscar

    I am a US citizen and got married in the Philippines. I stayed there for a year and nine months. I married my fiance’ there and now I am back in the US. Is it going to be a problem if I will petition her now that I am unemployed with little money? I have been looking for a job since I got back.

    1. admin Post author

      Financial requirements are necessary to sponsor your spouse for a GC. You can also use friends and relatives to sponsor your application.

  70. Kamelia

    Hi, I am a US citizen and I applied for my unmarried sister in 2012. Her application was approved by USCIS. It has been already 5 years. But recently my mother got the Green Card. If my mother wants to re apply for my sister as an Unmarried daughter, will that facilitate my sister’s visa processing!!! Will the already spent 5 years be counted!! Please advise what should I do.

    1. admin Post author

      If your mother applies it would be a separate application starting from step 1. However your mother applying is faster than your application because your application will take 15+ years whereas your mothers application should be under 5 years.

  71. Ronald

    Hi, I just got my GC through my wife’s petition. my wife and I inadvertently miss to include my three illegitimate children prior to my marriage to my wife in our I-485 application. Can I still petition them? What should I need to do when I file I-130 to petition my 3 kids? my business is not picking up yet and so my wife needs to co-sponsor, does she needs to file a separate I-130 as co sponsor?

    Any suggestion is appreciated

    1. admin Post author

      You can still petition your children and if you need her income she can also file I-864 as a joint sponsor to help with your application.

  72. MR

    I am a US citizen, planning to apply for GCs for my parents. Can I process for each one individually or do I have to process as a couple?

    1. admin Post author

      Each individually.

  73. Julie

    Hi! I am not sure if you will respond because this thread is almost two years old but I’d take my chances anyways. I am a naturalized USC trying to petition my mother. I have a problem with their date of marriage in my birth certificate because I was actually an illegitimate child until they got married for real when I was 16. They just put a date on my birth certificate to probably save face or for me to use my dad’s surname. The I-130 form asks for my mother’s date of marriage and I’m kind of in the dark about what to write. Should I put the actual date of marriage and include a small letter to the USCIS explaining the situation and attach a copy of my parents’ marriage certificate? I would like the possibility of my dad applying for a GC to stay open. I know that when I try to sponsor my dad, the USCIS will ask for their marriage certificate. Hope you can read this and shed some light. Thanks!

    1. admin Post author

      I don’t really know about your situation. You could use a small letter of explanation or you can try to get a lawyer to draft one based on their experience on what works.

  74. Michele

    Hi,

    My daughter and I both have a Green card. She is 16, and moved to Canada last year to be with her father, I am in the U..S living, can she come back to the U..S with her green card that has not expired?

    Thank you for the help

    1. admin Post author

      Depends how long she was gone for. Over 1 year absence typically would force her to surrender her GC when she returns to the US unless she files for SB-1 with very good reasons.

  75. Kofi bentil

    Hello,Pls I need some help. My mum filed for I-130 under unmarried son for me in 2012 but 5yrs down the line,i am married with 2 kids. Is there a way I would be made to go with my wife and kids. My priority date is next year and I fear they might revoke or prolong it. Any advice?

    1. admin Post author

      You are no longer eligible since you are now married.

  76. John B

    My wife is a usa citizen and living there. She left myself and my son while we were all visiting there a couple of years ago (as we were living in a different country before that). My son , with me now outside the usa would like me to move with him to the usa but he is under 21. He has usa citizenship but i have nothing for the usa. I understand that if he was 21 he could do the i-130 and bring me in .. but is it possible for me to anyway move there with him while he is still under 21?

    1. admin Post author

      If you are divorced or your wife will not sponsor you, then you should look for other visas to enter the US to work, such as H1b, TN, O visas.

  77. Ahad

    Hello there,

    It would mean a lot if you could answer my question. So, the thing is that my Step Mother’s sister had petitioned for my step mom and my biological dad and me. My step mom and biological dad got their visa approved after giving their interview this week and I don’t know anything about what is happening with my application since I was included in the petition. When my Step mother’s sister had included me in the application, I was under 21 but now I am 21. What should I do? My father doesn’t know what to do and he tells me that when he goes to the US in a few months, he will apply for me, which I don’t understand since I was already included in the application. Please tell me what to do, as I am going to be alone here in Pakistan with my dad and step mom leaving me. God bless you if you take the time to reply me.

    1. admin Post author

      It does not matter you are now over 21. At the time of application if you are under 21, you will continue to be processed as a derivative child beneficiary. USCIS knows applications take a long time and you being over 21 at the time of priority date or interview does not matter.

  78. mesbaun nahar

    hi,i came to USA in 2010.i applied for my daughter as unmarried daughter as lawful permanent resident in 2011.it was approved in the following year.last year(2016)i became citizen and updated my application with national visa center.they changed her visa preference category to f1,along with the priority date.two days ago i received NVC welcome letter to start the process of the interview.now, my daughter got married in 2013 and also has a child.my question is will her category change once i declare her husband and kid in visa application form?can the whole petition be cancelled? what should i do?please help.

    1. admin Post author

      She no longer qualifies under the original application because she got married.

  79. abs

    Hi! Thanks so much for your blog, it is very informative and helpful.

    my mum is in the process of filing for her 4 kids, and one is married with kids (born in the states) and she wants to apply for a student visa because she is trying to change her career path. will they give her the student visa, she has a bi-visa which expires soon

    thank you

    1. admin Post author

      it is risky but she can try

  80. Nam Kan

    Hi,
    I have a question.
    I want to apply for I-130 for my son (under the age of 18). I am a US citizen living abroad for quite a few years. I read in the USCIS that if your child is under 18 from a us citizen then the affidavit of support is not necessary (I-864W) – you are exempted.
    If I apply for the I-130 does the NVC requests the W2 and other financial records. I do not have any records of W2 forms or other financial records from SSN!

  81. YS

    I am in US with my family on B2 VISA but my mum is a US citizen of age 67yrs that has not file tax. Though it was my brother that file for her and she got her citizenship this year. please does she eligible to file for me? Can i stay in us when this is in progress?

    1. admin Post author

      Yes she can file for you to get a GC.

  82. Vicky

    Hello! My cousin came to USA back in 2013 with his mom (my Aunt) and she got her green card on 2016 because she married an American Citizen. When she applied for her green card she included her son (minor now 13 years old) but she got the green card and my cousin got denied his case because USCIS states in the letter that there was no visa pre-approved for him, since they didn’t find his I-130. My uncle and aunt appealed and send the evidence the boy was included in the I-130 but still denied saying the I-130 wasn’t found. Now time has passed and they went to USCIS directly asking what they could do? They were a little mean to them saying that whatever they did is past and they should start all over. They are now filling the I-130 again but now they have the big concern that if they should also send (at the same time) the I-485 for my cousin to request his Adjustment of Status or should they just sent the I-130 first? Please can someone help them so they can feel confident to submit the applications ASAP? They really have no money to pay an attorney so any guidance will be highly appreciated. Thank you.

    1. admin Post author

      Your uncle (aunt’s husband) should legally adopt the son and file for him as an immediate relative so then they can file I-130 and I-485 at the same time and he can stay in the country the whole time during the process.

  83. Adesua falope

    Please I need ur advice,I’m From Nigeria my mum got married to a U.S citizen and her spouse filed for I and my siblings to move to the U.S, once we got the visa, we were asked to leave the country in less than 6 months, I’m currently in my 3rd year studying in the university will I be able to write to the immigration office stating that I won’t be joining my family, or will it cause future problems for me?

    1. admin Post author

      I would enter the US, get the GC, then immediately file for Re-entry permit through I-131 as well as Application to Preserve Residence for Naturalization Purposes on Form N-470, stating your university studies as the reason. Fly back and forth between Nigeria and the US and get new Re-entry permits each time.

  84. Jay

    my mom Petitioning for me but now am married.so I need to know what next ? How do I cancel the paper .can I call and do it ?

    1. admin Post author

      There is no need to cancel, your application would simply be denied.

  85. Riezelle

    Hi! I became a permanent resident from an Employment-based petition since January 2017 and started my job in february. I am currently processing my CR-1 spousal petition, in the Affidavit of support stage. Since I won’t be able to file federal income tax return yet, does providing the following: (1)Proof of employment stating the start of my employment,length of my employment (since I am under an agency), hourly rate, hours per week, (2)Pays stubs since the start of my employment and (3) Letter of explanation why I couldn’t file for tax return yet, show enough proof that I can financially support my husband? Please help..Thank you in advance.

    1. admin Post author

      I don’t have knowledge on this. Generally they want to see tax returns but you could try the documents you listed. Worst case scenario they give you a RFE for the tax return and by that time you do have one.

  86. JR

    Hi,
    I’m in the US on an F1 visa but also I have a pending GC petition (as not immediate relative). I was wondering while filing taxes(although it is past deadline) if I indicated that I have a pending GC petition will it increase or speed-up my chances of getting a GC? and how serious is it if I missed a deadline to file taxes.

    1. admin Post author

      No the taxes and your immigration are totally separate things and they do not impact one another, unless you owe alot of taxes or something and they find out during your GC application; that could have a negative impact.

  87. Luna Enrique

    Hello!

    I am 20 years old a USC and I plan on getting married to my boyfriend who is illegal. We don’t plan on fixing his status just yet. However when I turn 21 i want to apply for my fathers green card. Will it be a problem that I am married when we start applying for my fathers green card? He tried getting it through my mother but because of personal problems we were unable to. So now the plan is to get his papers through me.

    1. admin Post author

      There is no problems for you to sponsor a GC for your father if you are married.

  88. Betty

    I got married with a usc and he give 2 years green card he did not renew my green card but now we are on process for divorce. do you think I should get my green card if I’m married with another usc after the divorce. Thank you in advance for your help

    1. admin Post author

      you can still get the permanent GC from the first marriage, you just have to explain what happened and why the marriage is broken. As long as you demonstrate that you did not marry the USC for a GC, you can still get a permanent GC after divorce

  89. Aryah

    Hi my dad is a US citizen and I’m 19years my dad filed for me in October last hear.. In March my petition was approved.. Now he paid the NVC some 80$..how long before he gets the notice for the second invoice and my interview letter? I mistakenly took a selfie at an American embassy in my country… Will it affect my visa interview later? And is there a chance I could be denied a visa?

    1. admin Post author

      Selfie does not matter. If you are under 21 and unmarried, you should get the visa fairly quickly without any wait. You just have the processing time. The whole process is usually about 9 months

  90. Janelle Kidman

    Hi, can I use my Foreign Spouse bank statement and current balance to include in my asset to be in 125%? Thank you

    1. admin Post author

      Yes

  91. Jemima

    If my grandpa citizen did he can fill residence for me

    1. admin Post author

      No he cannot

  92. Olivia Nopson

    Hello!! I´m happy I found this site. Maybe you can help me with a question. I am a US citezen by birth and my son was born in Costa Rica. I have obtained the B1/B2 visa so he can move with me to the USA. I will be changing his status to permenant as soon as possible after the move. My question is if he can attend a day care during this time, or would that count as a school attendance/ education? He will be turning 3 years old right before i move. I am assuming this process of status adjustment can take from one to six months, so I want to look for options for caring for him while I work. I´ve been looking every where and they say that a B2 Visa holder can´t go to school, but does day care count?Any comments you might have would help. Thank you kindly!

    1. admin Post author

      He can attend daycare without any problems. Daycare centers are usually a private business and they don’t care about the child’s immigration status, you just need to pay tuition.

  93. Xoxo

    My brother is a US citizen he filled for my GC in 2005 i was 25yrs okd now i am 37 with a wife and a son. The application has been on hold now We came to the US with a B2 visa what should i do can we apply for for change of status and send my wife and son back or should i Go back to my country and wait it has been 12yrz now and if i go back will i be allowed entry into the US again?

    1. admin Post author

      You cannot stay in the US while you wait for your GC through your brother. Sibling sponsored GC is 15+ year wait and you must wait outside of the US. You should go back to your home country.

  94. Angie

    My father has an application for visa through his sister that was filed back in 2001. I am now at age to apply for him to come to the US. Id there a different form that i should fill out to reopen or take over that application and make the process faster since he was already approved and in the system.

    1. admin Post author

      Just file another petition, you can just abandon the original one. The application you start for him will be much faster than the one from his sister.

  95. ekeii

    hi! i would just like to ask im a GC holder and ive been living in the US for 3 yrs now. im planning to bring my bf here and we have a child who is actually a citizen here and i was wondering what would be the fastest way for me to get my bf here?!? should it wait for 2 more years to file for a citizenship and then petition him or should i marry him in the Philippines and file a petition after i go back here as a greencard holder?? i hope to hear back from you thank you…..

    1. admin Post author

      You need to marry your BF first before you can file any kind of petition for him.

  96. Brian Topi

    Can a USC spouse sponsor husband/wife who had legally given up (-407) GC in the past ? Does the fact that GC was surrendered once earlier will be a reason for denial ?

    1. admin Post author

      It could be a reason but it is not definitive that the previous GC would cause a denial. You have to try to know.

  97. Juliana

    Hello ,
    My daughter (4years old) is in a green card process filled by her father, but the immigration is taking 2 years to issue those. We need to travel to our birth country, and she overstayed her i94, will she be able to enter the us again, with her father ( permanent resident)?
    Thank you

    1. admin Post author

      I thought travelling out of the country during a AOS is considered abandoning the application? Unless you have a Advance Parole approval.

  98. KWESI

    I am currently a US citizen and My wife and kids are British citizens currently staying in United Kingdom. They are here on a visit and plan to applied for I-130 for them whiles they are still in the US within the 90 days. My question is that, can my wife go back to Britain to complete her university education whiles the case is still pending?

    1. admin Post author

      No she cannot. If she leaves to go back to the UK for school that is considered abandoning the AOS application.

  99. Kirti

    Hi,
    I m a green card holder and my employer sponsored my green card. Me and my spouse got our green card recently. I m 6 months pregnant with our child but my spouse has been neglecting me n my pregnancy since he has gotten his green card. Could you please tell me if there is any possibility to revoke or cancel his green card???

    Your quickest response will be highly appreciated. Thanks

    1. admin Post author

      No. He and you both have a 10 year GC and unless he committed a crime, he has a right to stay and live in the USA.

  100. Tim

    Hi

    I British, married to a US woman, and working in the US for 10 years using permanent resident card, recently I applied for a renewal, I now have s ticker on the back of my permanent resident card saying Im good through the end of year whilst my application is being processed.
    My father fell ill in UK, so i want to travel back with my daughter (age 12) to see him for a few weeks. I plan to go in September, only I want o make sure of a few things.
    1) That I will be let back in the US if my permanent resident card renewal is in process
    2) That my daughter (who has both US and UK citizenship, but only a valid UK passport) will also be let back in the US (Will I need a visa application for her if I dont have her US passport (its expired and not sure i will have enough time to get her one)

    Thanks
    Tim

    1. admin Post author

      1. Yes that is fine
      2. She has a US citizenship she should show a US passport. You can get a US passport through expedited processing which will cut down the time needed to get it.

  101. Irg

    Hello,
    Hopefully, someone can help me a year and a half ago my two children and I came from Mexico and on a tourist visa. My two kids are in a public Texas school but my name is not registered on to anything, I basically do not use my name because I do not want to lose my visa. My question is if a travel to Mexico by myself would it show that my kids are in school? can they come with me or it will show that they are in school? Can I come back without a problem?
    Thank you

    1. admin Post author

      Can you come back depends on if you have a valid visa. I don’t have enough information here to answer your question.

  102. Kayann Ade

    Dear Sir/Madam

    I would like to know a few questions. My daughter is 19 years and is an US citizen. She was born in Puerto Rico but lives in California since 2013. I am planning to file my greencard when she is 21 years old. I came to the US to be with my mother and daughter In February and I supposed to leave the country by August this year. My daughter is asking me to stay until she is able to file my petition. She need my support during her time in college plus my mother who is also an US citizen through naturalization needs my assistance, as she is not 100% strong healthwise. Well, I know once I stay I would have to be on a low profile and won’t ask for Government assistance or do anything illegal like work or anything as such. I am married and my husband and I have been separated for 5 years. What I need to know, if my daughter file for me in two years time, would being married and separated from my husband affect me? How long the process would take under my daughter? Would I need a sponsor to represent me seeing my daughter is in college and is only working part time? Is it advisable to deal with an immigration lawyer when I am ready to do the process? Can I meet with an immigration lawyer when it is closed to my greencard process and pays whatever fee needed?

    Looking forward in hearing from you soonest

    1. admin Post author

      Your marital status has nothing to do with your GC application through your daughter. Timeline varies per application. You can get some other people to file I-864 for your application to meet the financial requirements, they do not have to be relatives. You can get a lawyer if you feel uncomfortable filing yourself or you have a complex case with complex situations.

  103. Joy

    Hi I have a question. My boyfriend and I have been together for 2 years and we are deciding to get married. I am a US citizen while he overstayed his tourist visa. He is currently working with a work permit. How long will it take him to get a green card once we get married and will we face any problems because he overstayed.

    1. admin Post author

      Time line varies per application, anywhere from 4 months to 9 months or even longer. He should be ok since overstay with marriage to USC is usually tolerated

  104. Nora Doyle

    Hi I am irish, my grandfather gets an American pension, would I be able to get citizenship through him? Or possibly could my mother (his second born child) get citizenship and then I (her only child) through her. (My grandad is alive but with dementia and so is not in his right mind to fill paperwork or attend meetings)

    1. admin Post author

      Is your grandfather an American citizen?

  105. Shola temi

    I was married llast year February, my husband and i appied for the us visa and was given, although i still bear my maiden name, we came to ny together in march i was his dependents.but he left for Texas and went back to our country without me… We got divorced in may and I got married to a USC with my pregnancy for my first husband, my new husband wants to file for me and my ex husband wants to come back to the us, we want to know if he will be allowed in as I will be six months next month.

    1. admin Post author

      This isn’t really an immigration question. Whatever your ex-husband can and cannot do is not up to you.

  106. SL

    i applied I-130 and green card for my newly married wife and her son, but now my income is low. can somebody else can sponsor my spouse and her son?

    1. admin Post author

      Yes you just need someone to file I-864 as a joint sponsor.

  107. Habib

    Hi, I’m US citizen and submitting interview application for my Mom overseas. I have couple brothers and a sister who is 19 years old. I submitted petition for all of my brothers but not for my sister yet who is the youngest. No one immigration with her for now but eventually they might come if their green card applications get accepted. However, a question in my Mom’s application asks for her each child “is this child going to immigrate later date to join you?”. What should I say in answer? Yes/No? Thank you in advance for your answer and help.

    1. admin Post author

      Yes since you already petitioned for all your brothers, it is pretty much obvious they are going to immigrate.

  108. Nadia khanam

    Hello!! My husband has an apply by his mother and the case is F2B because he is over 21years old. I’m a green card holder now I wanna apply for him. So can anybody tell me is there anyway that I can change his status? Or what should I do?

    1. admin Post author

      You should just file on his behalf and have both applications going. Your petition for him will finish faster so the other one is pretty much useless.

  109. Nadia khanam

    I’m a green card holder. I just got married now I wanna apply for my husband. But the problem is, my mother-in-law is a green card holder too. She applied for her son (my husband) before we get married. His case is F2B and got approved 8 months ago. So now my question is what should I do at this moment? His F2B case will take 7-8 years to proceed however we don’t wish to start our new life after 7-8years later. So I wanna apply for him now. Should I start filling the petition or should I cancel the F2B case first? Or how can I change the status?

    1. admin Post author

      Just let the previous application continue and don’t respond to it. You should just petition for him and your petition will finish faster and therefore making the other one useless

  110. Monik

    I’m a 43 years old US citizen and I would like to bring my parents to live in US. Can I file one petition for my mother and the same for my father if they are still married? Or I need to file two separate petitions?
    Thanks

    1. admin Post author

      you need 2 separate applications

  111. Heba Habiba

    Hi, I’m a US citizen for almost 18 years now, I petitioned my parents, sisters, and my brother. My parents received their green card and their social security number in 2008, they came to the US in that year, they stayed for one month and had to go back so they can take care of their personal situations including selling their properties and make sure that they have what they need to be able to live comfortably and buy a house in the US. While they were in their home country, my dad had a heart attack and was not able to travel back to the US, my mom then had to travel back to the US in 2009 because she doesn’t want to pandect her status, both my parents wanted a good healthy life and they’re sure that they only going to have it in the US, they’re both very happy and was planning a good happy retirement life but unfortunately my mom received a call from my sister encouraging her to come back because my dad went to urgent care and was in critical condition, she had leave, my dad passed away after couple of weeks, it was so devastated and saddened for my mom to lose her husband after planning to live their life in the US, she got sick due to her saddening over my dad since then. Now she wants to come back here, I want her to come back, I don’t want her to live by herself especially since my brother and sister been immigrated with their families to the US a few months ago and settled for good. What do we need to do? Can she re enter the country again using her valid green card which will expire in 02/06/2018? Or apply for a tourist visa and after staying in the US for 90 days or more file AOS? Can she even get a tourist visa without any issues? Or re-filling I-130 petition for her all over again, and if I do that, how long would it take for her to come back to the State? I would really appreciate it if you can help me bring back my mom.

  112. Cosmik

    Hi my unlegal guadrian (stepdad) whos not really married to my mom but he has evidence that hes been maintaing me since i was 2 and he sees me as a son . they both have 6 children including me is possible he can get me a green card

    1. admin Post author

      No

  113. Maya

    Hi, I am a US citizen and planning to help my mother apply for a GC. She’ll be coming to the US in September through B2. Should I submit I-30/I-485 after she comes in or should I wait a few months after she comes? Will there be any issues if I submit it right after she comes in?

    1. admin Post author

      Wait 90 days and then submit for her. If you do it immediately it might raise suspicion.

  114. Ajay Dev

    Hello. Both my parents are LPR’s. All three of us are Canadian Citizens. I have just received my student visa which is valid for 2 years. After that I am hoping to do my OPT of 12 months. Since the wait on unmarried sons/daughters approximately 7 years. Is it possible for my parents to apply right now, so that my wait time will be just 4 years by the time I graduate and complete my OPT. I know I would have to leave the country. Secondly, can I still apply for TN visa if my application is in process?

    1. admin Post author

      Your parents can definitely petition for you and get the GC process started. You can apply to TN but it might be denied since you have intentions to immigrate.

  115. Lin

    Hi
    I am citizen and I applied for my mother and has an interview appointment soon to get her GC, can she she bring her husband and her son which is under 21 age to the interview so they also can get GC through her ?

    1. admin Post author

      Did you file a I-130 for your father (her husband)? If not, you cannot include her husband. Also her son (your sibling) should be petitioned by your mother when she gets her GC, because otherwise your petition for her son would be a 10+ year wait. Each person needs a I-130 petition, generally.

  116. Paul Singh

    My wife who just got her citizenship and due to her parents and herself lying behavior and stealing money and sending her parents so our relations are not that good. She wanted to stay with me because of finance so she never had to work, To fix her finance issue and invite her parents she made a story with her lawyer to put me in jail and take over business, She was already stole money around $40,000+ and another $25,000, I do have proofs, her lawyer and herself tried to make me busy at court case and keep calling cops every 3-4 days that my husband is going suicide but my wife and her lawyer never mentioned they and applying for my wifes parents and never mentioned in application that whats going on in other case, My wife kick out my mother and me, after kick out she stole anything and everything from home, spoons, cloths, even my mothers clothes, beds, sofas, shoes, everything whatever had at home. When i heard her parents got visa and then i thought how come?? When i searched about her attorney and i found out one of my wifes co-wprker has done same story and my wifes lawyer is family and also immigration so same lawyer done both cases and never mentioned in the court infront judge whats going on. We been to court 5-6 times between they apply for visa and approved, Can a attorney do that? Her attorney also had my mothers statement how brutal was my wife and how she made my mother leave home, To me its a criminal activity to make someone homeless and other side inviting someone on fake report, her attorney never care whats my and my mothers statement because her attorney invited us in her office and gave me lollipop that your wife coming back and also she has all the money but do not talk to her for 2 months, What?? because they wanted to have everything done then kick you again, Who wont understand that, SO i need suggestion what can i do but i have alreday sent paperwork to delhi USCIS, what else should i do? as i think also law suit against lawyer?? if i am right??

    1. admin Post author

      Your describing a domestic dispute that really has nothing to do with immigration. Your wife got citizenship, that is the end of her involvement with any USCIS applications and process. She is free to sponsor any of her immediate relatives for a GC visa and there is not a thing you could do about. If your neighbor whom you really hate sponsors someone for immigration, do you have any right to say no? It is their right to sponsor their relatives. I see you really hate your wife, but there is nothing immigration can do for you.

  117. Lil R

    Mi son is living in USA from Argentina since 2001 he entered with just the passport as turist. After 3 months the permission expired. In 2012 he move with his girlfriend. In 4/2014 their son born they got married in september 2014. But they waited until july 216 when she got her citizen. But my son only got his work permitted and already renewed it. But no interview yet…. Why is taken so long? Can he get the permanent green card since they have a child?

    1. admin Post author

      They got married so he can get GC through his wife.

  118. Nicole

    Hello,

    My husband is filing for his mother who is married but no longer with her spouse. They have not been together for 5 years but they have never filed divorce. On the I-130, should her marital status be “separated”? Additionally, her last name was spelled incorrectly on her marriage certificate (her last name given to her when she got married).

    Thanks

    1. admin Post author

      Yes, and you need some affidavit stating it is a mistake and confirming the real name. maybe reasons why the marriage certificate was not corrected

  119. james mathews

    my spouse had already have two young children prior to me marrying her. she and and her kids already over stayed their visa after coming to US legally. Do i file just 1 i130 for my spouse or i have to file 3 different I130 for her and the kids

    1. admin Post author

      3 different, one fore each person

  120. ADAM

    Hello,

    I recently married a foreign national (Moroccan), and am preparing to submit the initial paperwork (i-130 and i-130a). I am worried I will not meet the financial requirement, so I am wondering can I have my sister or father sponsor my spouse to come here? Are there any options available to me regarding this that will not require using a sponsor? Who is or isn’t an eligible sponsor, and if I use my sister or father, does that mean the time is prolonged?

    1. admin Post author

      Any individual can be a joint sponsor by filing a I-864 for your spouse’s application

  121. Ma. Concepcion

    My son is an American citizen now, he wants to file a petition for me. I overstayed my tourist visa. Will my status affects his filing for his petition using the Form I-130 and I-485.

    1. admin Post author

      Usually immediate relative overstay is forgiven, you just have to try it out.

  122. Misty

    My husband was convicted of a terroist threat and acts charge some years ago and has served his time. Does it prevent him from filing for me to get a green card? Thank you!

    1. admin Post author

      You need a lawyer.

  123. Mia

    Hey all, mother entered usa without under 21 age, unmarred son. She filled I-130 for son.
    How long it can take or what steps can take now

    1. admin Post author

      Time to process varies but if her son was in the US already, he could stay while the application is processing.

  124. Xavier

    Hello, I am a GC holder, I petitioned my wife and son. I just received the Interview date which is next month, problem is we are getting divorce. My wife will give me my son full custody, what can I do, to get my child into the US? What papers do I need to gather? Can I go to the US embassy and show the custody papers from the court and get him a visa while we wait for all his paper work to be done?. Please help!

    Thank you very much in advance.

    1. admin Post author

      You need a lawyer here since there was only 1 application, I don’t know how it would work with the main person on the application abandoning it while the derivative individual wants to continue.

  125. Iddrisu

    My step dad is us citizen and had partition for me and I got green card at age 13. Can I claim citizenship without going for interview?

    1. admin Post author

      No you cannot. You need to file N-400 like everyone else.

  126. Carmen

    I want to file for both of my parents but I’m getting food stamps making close to twenty thousand dollars can I do so

    1. admin Post author

      It looks like the lowest income is $20575 for a household with 2 people. Therefore it is not possible for you to sponsor individually and you would need a joint sponsor

  127. Malou G

    My sister was petitioned by my mom in 2007 and is now up for processing. While waiting, she tried her luck in Australia and became an Australian citizen in 2012. Is she still able to immigrate to the US to be with my mom? If so, will she able to process her paperworks in Australia rather than home country?

    1. admin Post author

      I suppose you’d change the address to some place in Australia and continue there. Since she is an Australian citizen, the US embassies there should work with her as well.

  128. Therese

    Hello,
    my sister and I came to the US in 2009 as asylees through our father. He then became a US citizen. Two years ago our US citizen mother filed for my sister and I to adjust status and that’s still pending because we had to do a nunc pro tunc. Question is, my financee and I want to get married but if we do get married does that affect my status as being my mother’s immediate family member even though I was single and under 21 when we filed? Would this delay my green card in any way?
    Thank you for any help/ advice in advance!

    1. admin Post author

      IF you get married you no longer qualify as immediate relative to your father. I would wait until you get a GC before you get married.

  129. ahmed

    hey hello , i am an egyption / us citizen by marriage and i lied to USCIS about my martial status when i was getting married my us citizen wife in 2004 that i was married to a foreign woman in 1988 and have a single son over 21 ….
    >> how should i bring him to usa , should i apply for a fiance visa for my egyption wife and marry her again in usa to bring my son , the problem is that she cant speak english so whats the situation gonna be???
    >> or should i reveal to USCIS that i was married before and they wont deport me as i am a us citezen for 10 years now ?

    1. admin Post author

      So are you still married to the US citizen wife? If you are, how can you marry another one woman without divorcing first? and your son, you can apply for him, but it is not immediate processing.

  130. Mona

    My mom is going to file for her citizenship next week. After getting it, will she be able to file for my green card while I am visiting? I am over 21 and unmarried.

    1. admin Post author

      she can but you would have to wait for a priority date which is currently at 2+ year. you cannot stay in the US while waiting for the priority date.

  131. ahmed

    I filed a visa petition for my brother . I got recipt number on 2_6_2007. Uscis asked me RFE on 1-8-2010 . he did DNA test in usambssey in sanaa Yemen on 5_4_2013. The result of the test was positive . now approx. three years I don’t receive a decision or any request for further information . Pls advise me what must I do.

    1. admin Post author

      Make an infopass appointment with USCIS

  132. Khae

    my dad has been living in the United States for for quite some time now he has filed for me and my brother we are both under the age of 21 he has done this in 2015 and still have not heard anything could you advise me on what is going on

    1. admin Post author

      Check with USCIS with InfoPass appointment

  133. Chuksy

    I am recently married to an american citizen (a month ago) and my 1-94 validity expired 3 weeks ago. I have 4 children who are here in the U.S with me on a B2 visa. In filing my papers, do i file a separate i-130 and i-485 for myself and each of my children? If yes, what is the fee for each of my children (the eldest is 13yrs) and my self. Also can I get my SSN right now and begin working while the process is on? What is the timeline for the whole process?
    Thank you

    1. admin Post author

      Your American citizen spouse would file separate I-130 and I-485 for each person. Check the fees published on USCIS website. You can get SSN once you get the EAD card by filing I-765 and then you can begin working. Timeline varies by each individual case.

  134. Tone

    Can a brother, who was born in the US, file for his sister even though he does not live in the US?

    1. admin Post author

      Yes

  135. Noor

    My sister in law was married to my brother and she has a son by him .. my brother had passed away while there was divorce case between them and he had reported her to the immigration that she was fraud. By using him to get to America and she got what she wanted and wanted a divorce. . So she was married only couple months and she was pregnant when my brother passed away. Can she still stay in America like take the 10 year greencard .. That happened in 2012

    1. admin Post author

      This is a complex case and probably need a lawyer

  136. Rania Jayyusi

    Hello, when my daughter applied for us as a family for a a green card through a lawyer he didn’t submit my children forms saying that they will get it with us and no need to submit their forms separately!! We got our green cards but they didn’t, every time I used to ask while we are still in the process I was told the children takes more time! By the time we got the green cards they become older then 21. What should I do now

    1. admin Post author

      I am not sure, so were your children on the application or not?

  137. suvarna

    Hi, Am married to a US Citizen in 2015 march….we both are divorcees and single parents during the time of our marriage……presently am here in US living with my husband and step son (But presently My 11 year old son is living back in our country along with my parents & am the sole custodian for my Son…& his name is been mentioned in all my paper works so far)….So am here on Conditional GC….and now we started working on my I-751(my visa is going to expire by Jan 2018). My question is my son didn’t join me to US(we didn’t work on his visa along with my visa as me and my husband had few disagreements….so we thought it’s ideal that I join them alone and work on our relationship with him and my step son….So we ended up marking a column saying that my son will never join me…….But Fortunately after coming here…..things have been falling in place and we both are happy in our marriage)….So we were thinking to work on my son’s GC after I get my permanent GC…..(as my son wants to join us earliest…..It’s painful to make him understand whenever he expresses his interest to join us soon and be part of the family)….I would really appreciate if you Can suggest me my options….so that I can choose one which best suits us…..& another question is that we don’t know any where about’s of his biological father…as he vanished after divorcee and he never supported in any means and I got my Divorce decree saying that am complete custodian for my son….so will I be needing his biological fathers signature or any paperwork that my son can go to US to stay with his mother…..this is one of my major issues as we don’t know where he lives or any way or medium to contact him…..Thanks a lot!!!

    1. admin Post author

      I don’t see any questions in the first part. Yes you can file for your son now even with a conditional GC. I don’t think the biological father needs to be on the documents if your parents are the sole custodians for him. I am not sure though, you should check with a lawyer.

  138. Majda

    Hello,
    I’ve just got my immigrant visa IR2 – as unmarried child(I have not yet travel to us – so i’m waiting for the green card) from my father.
    I want to marry someone from my country that I can’t live without, I’m wondering if I could marry him before going to the us,is that legal since my father petition was for unmarried child , or should I wait until having my green card then returning to my country to marry him – in this case how much time should I marry him immidiately or should I wait a little ?
    Please help me..

    1. admin Post author

      Wait until having your green card then returning to your country to marry him. You can marry right away.

  139. GODWIN

    Hi,
    My union have lawyers who help in emigration related issues. I just recently filed a GC petition for my mum, she was granted a visa and she is in the states. However, I just realized my mum could have added my siblings under 21 as derivatives and come along with them. I guess the lawyer didn’t mention that either because she thought the union would be paying so much.

    Now i want to file for my dad who can put them on his i130 as derivatives or have my mum file separate i130 for all of them.

    one of them is 20 years now and will be 21 by February 2018,
    what is the best way out with regard to she not aging out and cost wise.
    should i let my mum file for them separately(or can she file a group i130 for the 6 of them) or should i file for my dad and he put his children thus the 6 of them as derivatives

    1. admin Post author

      I would use your dad as the primary applicant. Your dad is an immediate relative so there is no wait, just processing time. Your mother is a GC holder so the children she files for will be in the F2A category which currently has a 2 year wait.

  140. Usman Jibril

    Will there be a problem if me and my wife stay in a different state due to our school program while we get the green card process kicking (I am the beneficiary)

    1. admin Post author

      No, as long as it is reasonable and justified, it is fine.

  141. WB

    Good day, just have a question that can help me and my wife. We entered U.S. a lil over a month ago and legally under B2 Visa. We are permitted to stay until April 2018. We are currently living with my Mother and a US Citizen. She is planning to file I-130 for me (technically includes my wife). We all know itll take several years for a visa or GC to be approved. Is there a possible way we can stay here until it is granted?

    1. admin Post author

      No, there isn’t. You will be under the F3 category which is looking at 15+ years wait. If you stay beyond April 2018, you will violate your status.

  142. Aren Cox

    I am a green card holder due to marriage. We are having problems. If i go back to Morocco to visit family and she files for divorce while i am gone, will i be prevented from reentering the united states? She has not let me see my family and states that if i go she will make it impossible to come back.

    1. admin Post author

      You have a conditional green card that let’s you return to the US no problems. Unless your conditional GC is expiring, there is nothing she can do to prevent you from coming back into the US after your trip.

  143. Edie schwab

    Hello here is my question.
    My mother who is a US citizen petitioned my brother who is over 21 from the Philippines. After 12 years he was finally able to come to the US with all his underaged kids except one. The one that got left behind was a minor at that time when his visa got approved but the mother of the child refused to let her go. Now that child is over 21 and wishes to come here what can my brother do?

    1. admin Post author

      He can file for his kids, and it will be the unmarried son or daughter category which is F1 category

  144. savita sharma

    hi I came in united states in b1/b2 visa and applied asylum case after 4 months but in another 2 months I got married to US citizen which was legal and genuine . now I am pregnant to. y husband applied for my green card and filed I 130 for which I received receipt notice. after that we filled I 485 with all documents and forms and fees. is there is any problem getting green card for me because I applied for asylum case earlier and how much time it will take to process everything. I am bit worried.

    1. admin Post author

      there is no problem with previously filed asylum application. time varies case by case, no guarantee timelines.

  145. Kathrine

    Hello! This blog is very very helpful. I have read cases that are closely similar to mine. I have a question though. My husband works for his friends’ business for 6 years but they do not pay taxes. It seems that the business is not legal. My husband fears to put them as employers but if denies his employment with them, it would seem that he is unemployed for 6 yrs. My husband is a US citizen but his mother is not. So his mother cannot sponsor me and my daughter. Are there any legal ways that we can pass the above poverty line? He does construction on the side for some friend too. Can he file taxes for that job? How many income tax returns do they need? Do they need three years of ITR? Thank you. It’s already 2017. I’m not so sure if you still open this blog. I hope you get the chance to read this ❤️ Thank you!

    1. admin Post author

      Your husband can sponsor you and your daughter using his mother’s income. His mother can use I-864 and document her income and she can be a joint sponsor on your green card application.

  146. Mario Olatunde

    I have a father who’s US citizen and I came to the US with visiting Visa (b1/b2) overstayed until my visa expired with an international passport.I am over 21 years old, Is it possible for my father to petition for me if so how long it would the processing take? What are the forms do I need to fill?

    1. admin Post author

      Yes your father can petition you but you are over 21 so you cannot legally stay in the USA while you wait for 7 years to get the priority date. You must leave the country. Your father needs to file a I-130 petition for you.

  147. pattricia

    Hi, I’m about to send my I130 form with my US citizen husband. My question is do you think illl have problems because I entered the country with J1 visa and we got married four months later, I left the country on time but I worked 2 weeks illegal and it will be shown on my W2 form. I didn’t overstay but I worked on my period ot travel. And what should I write on the end date of my job – the actual date or the legal date. Thank you!

    1. admin Post author

      You should put the legal date of termination. Worked illegally briefly won’t impact your application too much.

  148. afia konadu yeboah

    Hi, my husband is in the us navy and became a us citizen in january and filled the an I-130 fo me and our one year old son in in march, and nvc approved the case in nov 2017 we are currently waiting for the interview date. my question is how long will we wait to get the interview and will we wait long since there is minor involved as for checking our priority date is april 2019. really tot is will take 1 year for us to get the green card. please wat can my husband do to get the visa fast as he is a us navy officer

    1. admin Post author

      no special considerations just because there is a child or your husband is in the military. You just have to keep waiting.

  149. Joan Reyes

    Hi! I am a US Citizen and I would like to petition my dad from the Philippines. Unfortunately, his name is not on my birth certificate neither on my brothers. My mom went to the Philippines last year and they both went to NSO and tried to fix it. But theys said they can’t fix it now or they can’t put his name on my birth certificate. My mom and my dad ate not married. So there is no proof that he is my dad. Maybe just a DNA test. Can somebody please tell me what do i need to do in order to start petitioning him. Thank you in advance and more power!

  150. Tee

    This is very complicated. I have a cousin first cousin whom I grew up with and we were known as sisters because we were both raised by our grandparents. The problem
    Is idk what to apply her visa as because we both have the same last name….different mothers but both goes by the same last name
    Which is my grandfather since grandparents raised us. I am a citizen so is it possible to apply her visa as my family?

    1. admin Post author

      No. Cousins do not count as relatives for USCIS immigration.

  151. Kar

    Hello, I was petition by my father(US citizen) in 2006 in F1 category(unmarried sons&daughter over 21yo). I got married after the petition was filed and got divorced in 2014. My petition is current and we’ve filled the ds260 form already and submitted it to NVC and just awaiting for an embassy interview. My question is.. what are their grounds to deny me a visa during an interview? Will they consider my previous marriage as ground for denial considering that I got married after my father filed my petition? Currently, I remained single. Please help.

    1. admin Post author

      Just be honest, USCIS understands life goes on despite immigration applications. You are unmarried now so it isn’t grounds for denial.

  152. Khan

    Hi ,
    I am planning to submit petition for my brother , he has two daughter age of (9 and 12) , So as processing will take 12+ year by that time both kids will be 21+, So my question is there any obstacle kids student visa application if I submit I130 for my brother and kids information will be there ?

    1. admin Post author

      It may be a problem because student visas (F1, J1) are intended for non-immigration. Clearly if they apply for green cards they intend on immigrating and may not leave after their studies are over.

  153. Eileen J Luciano

    My estranged husband who is now a U.S. citizen brought his two grown children (17 and 20) over here to the U.S. to live with us in our home without discussing it with me first. I wouldn’t have minded but he does not give me any money to support our 6 yr old daughter and is no longer paying the mortgage or electric bills. I am sure he wasn’t honest about our financial situation even before they got here and now things are worse. We are about to lose our house and have the electric turned off in the middle of winter. If I contact immigration can he get into trouble and can they be sent back to their mother in their country.

    1. admin Post author

      You said he is a US citizen now right? His children are under 21 so they can immediately get green cards. He may have a tough time showing financial sponsorship but there is no way he can get into trouble because he is now a citizen, enjoying the same rights as you without having to answer to USCIS.

  154. Blubber Tweak

    Hi, my mom applied for green card and i received my EAD as her dependent since i was below 21 yrs. I married when i was 25 and moved back to home country with husband. I got my green card when i was 27. Its been 3 years since then I haven’t gone back to US. Can i apply for my GC to be reinstated?

    1. admin Post author

      I don’t think you can. There is a SB-1 Returning Resident Visa application but you have to demonstrate the 3 year absence is out of your control (family illness, your personal health issues, etc), otherwise you have lost your GC and will have to re-apply.

  155. Cindy

    My I 130 petition for alien relative Dr category was approved for more than 6months by I’ve since not received my notice letter, want to know why since I hear it takes at most about 6months to recieve the notice letter after approval. Why the delay please, thanks

  156. Danica

    I am currently living with my dad and stepmom at US and I am going to petition my mom from other country. Is it okay if I put my current address to where my mom’s will be staying at when she arrived here?

    1. admin Post author

      Yes

  157. Troy

    Hey i got a question my wife is a derivative benificiary and we are legally married they got approve and her family will go to d interview month end her name is unavailable and d email that came didnt have her in it can she do anyting about this? Oh plus we have a child

    1. admin Post author

      Make an infopass appointment

  158. VK

    Hi, Have a query. my son is already in USA on F1 and 19 yr old now. If i get L1A (from India) and travel to USA and apply for greencard, can i include him to get green card.

    1. admin Post author

      Yes you can file for AOS for him

  159. Izabela Simmons

    Hi, I’m an USA citizen for about 2 years. Im Married for 7 years to a born USA citizen, he is going to start medical residency in 5 months which he will have a salary ( around $50 thousand a year) I don’t work. We have 2 kids and I want to sponsor my mom who lives in brasil as soon as my husband sign the contract, she has never been here. She and her husband also has no job or money, I don’t want to bring her husband. Just her. Is my husband salary enough? Can she leave her husband in brasil and just spend half year here half year there? Can I just apply for her residency even if she is married there?

    1. admin Post author

      Why do you need the hassle of applying for a green card for your mother when she isn’t going to be living here full time? A green card can be taken away if the USCIS feels the person isn’t genuine in wanting to live permanently in the USA. When you spend half of the year outside of America, it is clear you are not immigrating to America.

  160. Bking

    Hello all,
    My grandmother filled for my mother, 3 other siblings and I. Were due for the interview next month. If one member is declined, is the whole family declined?

    1. admin Post author

      Not enough information. Your grandmother, I assume she is a USC, then it would have been separate applications for each person.

  161. Humayun Azhar

    My brother is US Citizen who will apply for a sibling visa for me. Can I also apply for a H1-B (work permit) visa at the same time my sibling visa case is pending?

    1. admin Post author

      Yes but not advisable.

  162. Sarah

    I have a permanent green card with no expiration date, I lost my card and no that I have to renew it. I don’t have a copy of it with the information on it. Do you know what I should do. Also I didn’t know that you were suppose to let the UCIS know that you moved with your knew address, it’s been like 10 years. Will I get in trouble, I honestly didn’t know.

    1. admin Post author

      Make an infopass appointment with USCIS. I am not sure how you can file your applications without information on the card such as alien number.

  163. RajM

    Hi, I am trying to apply green card for my mom, I am a US citizen now. my question is 1) Can I apply for her green card right away? as soon as she arrives? 2) What if Trump’s policies imply that immediate parents would not be granted green cards? would I loose all my money? 3) Also what is the processing time? I heard it is 1.5 years? is that correct?

    1. admin Post author

      You can apply right away there is no wait time. Trump policies may change but they cannot be instantaneous so you shouldn’t worry about it too much. USCIS isn’t in the business to make money so if somehow after you file Trump announce no more parent immigration, they would likely refund you because they did not process your application. Time varies and is random, parents count as immediate relative like spouse so it can be faster.

  164. B kim

    Hi,

    I’m a us citizen and would like to invite my parents to the USA to get their green card. I intend to apply while they still reside in their country of residence. If I file the application can my parents visit while they wait for their local US embassy to contact them? Or should they not visit me?

    Thank you

    1. admin Post author

      They should not travel to the US with any non-immigrant visas such a B2 or VWP. It would be a direct contradiction to their use of the non-immigrant visa.

  165. archana

    1. I sponsored Senior my dad’s GC and was in progress last year, can I claim him as dependent in my tax?
    2 Does my dad have to file taxes? He has no job/income of any kind.

    1. admin Post author

      1. No you can only claim US persons or Canadian or Mexican citizens.
      2. Not really required if nothing to report

  166. Sanjida

    my mom will get greencard maybe next year because in visa bulletin the prediction date is july 18.then I will be 20+.can I also get greencard along with her?

    1. admin Post author

      Were you included in the same application as your mother? If not, how could you get it along with her? Your mother would need to petition for you herself.

  167. Neleyda Godanis

    Hello,

    I am a US Citizen and I am currently helping my father to becoming a resident. Papers are in and going. I am 24 this year and planning to get married. Will my marriage affect my fathers resident process?

    Thank you in advance

    1. admin Post author

      No it will not

  168. Kay Brown

    I came into US with a legal immigrant visa and now I have my GC. I filled out that am single on the forms…but i got married before my case was approved. How do I file for my wife and if I file for her and give them the date of our wedding will it affect me as a GC holder .

    1. admin Post author

      Life goes on despite immigration applications. You just need to file for your wife normally as a GC holder sponsoring a spouse.

  169. Richard

    Hi, I am on the process of applying for citizenship together with my currrent wife. We are currently on green card. I have a son and daughter on my previous unmarried relationship, should I disclose and include their names and information now during my application? Would it affect my application process, if I don’t have the copy of their birth certificates now and other supporting documents to provide that are required? Currently, the kids has no planned to come over here in the US? Their ages are below 18 yrs. But later, if things change, they might want to come to the US with their mother’s approval, would it be a problem? Thank you.

    1. admin Post author

      You can disclose them and I don’t see how it can impact your N-400 application.

  170. Venos

    Hi. I am a lawful permanent resident of The US. I want to file form I-130 for My wife, and my 3 children (all less than 10 years old). Do I need to file separately for all of them or otherwise?

    1. admin Post author

      For green card holders, filing for spouse and children can be one single I-130

  171. Ayusha

    My brother have filled me for green card in us .but I wanted to apply for f1 visa .can I apply for student visa frm my home country

    1. admin Post author

      Yes, but it might be denied. You should apply for F1 visa first, get into the USA, and then file green card.

  172. bender John

    i am presently in US though i came with B1 B2 visa snd presently married to a Us citizen. He is planning to file for me and my 2 sons in my home country, they are 8 and 5 years. Please, how do i go about it? Which form do i fill and can we file it together with mine at the same time.

    1. admin Post author

      Yes you can file for your children at the same time. The process is exactly as detailed in

  173. ahsan

    My father is the green card holder but never returned back to the US since 2011 due to his health condition. Back in 2012, we filled SB1 which was successful but before we proceed SB1 his health become worst and we never pursued SB1. My father filled I-130 for me back in 2010 and on 2017 I received an email to submit the fee and supporting document to NVC for the visa but I never pursued. Today after 1 year I received another email that my case is terminated but if I wish it can be reinstated. Now my question is:

    1. As my father never returned and the intentions were genuine due to his health conditions and we have solid proofs for all that time So is there any chances my father get SB1 approval 2nd time?

    2. If my father got SB1 and is there any chances that I will get the green card? and my same petition can be entertained?

    3. When my father filled petition for me I was unmarried and now I am married. Is this effect?

    4. As my father rmeained outside of the US he never have any asset there or filled any tax. Still I can get greencard and someone else can submit affiidevit of support on his behalf.

    Thanks

    1. admin Post author

      I am sorry but your case is complex and require a lawyer to help.
      3. Since you are married, you no longer qualify for immediate relative and have a longer time to wait.
      4. Someone else can file a I-864 as a joint sponsor to qualify the financial requirement.

  174. abel

    My green card status said single during interview am now in USA for 1 year and 6 moth but I have Two children still we have no legal marriage but we have two children to gather now I want to bring them to USA how can start please I need fast answer.Thank you

    1. admin Post author

      You can petition for your children by yourself.

  175. Marcy

    My husband has the 2 year green card due to he can with a fiancee visa, in the petition his kids from his other marriage were part of the approval but at the time did not want to take advantage of the approval and declined the opportunity. Now they have decided that they want to come. My question is can I petition for them still or do we have to wait until my husband becomes a citizen to petition for them himself?

    1. admin Post author

      No, he can petition for his children right now as a conditional GC holder.

  176. Sean nabi

    Me and my wife are both US citizen. We got divorced in Pakistan last year. She got already married and I now I want to get marry with this divorced girl in Pakistan who has legal custody of her only child who is 11 yrs old now.
    I am relocating to Dubai for employment where I will marry her so that her 11 yr old son can live with us.
    I have 2 questions.
    1. Can I file for her GC in Dubai and how long approximately it will take, so we can visit USA as I do have house etc and my 25 old yr son here from 1st marriage?
    2.Does she needs to wait and get her Green Card to file petition for her 11 yr old son or can I file for him aswell after the marriage. How long will it take for his son to get GC?
    Thank You
    Sean

    1. admin Post author

      1. Yes you can file in Dubai. Timeline varies per application. She cannot visit the US since she will have a pending GC application and should not enter as an non-immigrant visitor
      2. What I would do is legally adopt the 11 year old son so that you can file for him, which would be much faster than her filing for the son after she gets a GC.

  177. Rechelle

    Hi I just wanna ask if I can go home back to philippines while my 10 years visa is on process !

    1. admin Post author

      Not enough information here. If you are saying to travel internationally while applying I-751 removal of conditions, it is fine without issues.

  178. Tris

    Hello, my brother which is a US citizen is filing for me his sister, his mother, step father and little brother which is 6 years old. I’m 21 at the moment but he started filing last year before i became 21. The filing I-130 form has been approved but now it’s been 10 months since the filing and it’s taking like forever to start recieve papers. Do we fall under imnediate relatives or family preference??..looking forward for a reply soon

    1. admin Post author

      Only your mother and stepfather is immediate relative and can get GC within a reasonable time frame., everyone else will take a long time (10+ years).

  179. Bintou ganess

    Hi I have a question? I am the one who bring my husband to the United States now he marry another wife and bombs me we three daughters together.is it possible for me to mess up his green card or take it away?

    1. admin Post author

      Yes assuming your husband is still under the conditional green card. If you divorce, it will be difficult for him to file I-751 removal of conditions. However if he already did that and he is using a permanent green card, there is nothing you can do, unless you can prove he did something criminal, which would take his permanent green card away.

  180. Angela

    Me and my husband applied for my I-485 and we filed it under my married name. I just got my biometrics notice letter and its asking me to bring my passport when i go there. Would it be a problem than my notice is under my married name while my passport is my maiden name? Thank you!

    1. admin Post author

      Just bring your marriage certificate and name change documents.

  181. Genevieve

    I am a US citizen and now remarried. Will it affect my petition to my children from previous marriage if my spouse objects?

    1. admin Post author

      Your children are still your children so you can file immigration petitions for them without your spouse’s approval.

  182. Mahnaz

    I applied for my parents over a year ago, i am a US citizen and I got married recently. If I want to take my husband last name would that create any problem for their application? Would u recommend waiting till their GC is complete then change my last name? Or just change it and update both their applications?

    1. admin Post author

      I would wait until they get their GC. It avoids any confusion or potential delay.

  183. Fabio C F

    Hi
    I have a question, can you help me please?
    I’m a green card holder and I starting a process to adjust of status of my wife documents I-485.
    She work as a research fellow and she already lived with me in NY under the H1B Visa.
    I have my job but right now, I barely able to pay my bills. My question is:
    My stepfather needs to sponsor her or there’s any way that she can proof that she already work and what she make a year is already enough to sponsor herself?
    Thank you in advance

    1. admin Post author

      Hello

      Since you are married to your wife, her income is considered part of the household income and therefore can be included in I-864. In I-864 instructions, it says

      If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status. He or she does not need to complete Form I-864A unless he or she has accompanying children.

      Therefore, all you need is to provide evidence from her employment and that it will continue after obtaining GC.

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