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How do you file your green card documents?

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  • How do you file your green card documents?

    OK my wife is from the UK and I'm a naturally born US citizen. We got married a couple months ago and thought that would take care of her status in the US, however turns out it doesn't. Also she's pregnant and we're expecting next year, thought that would take care of her status, turns out it doesn't. (So as a side not to anyone reading this who is with someone from another country, just because you are married and/or pregnant DOES NOT mean he/she can be comfortable in thinking their status is safe in the US) I'm sorry to vent here, this just all came as a major shock and has caused non-stop problems for both of our families, jading the wonderful experience of the wedding and our first child. But I digress..

    Her visa runs out here in less than a year so we're trying to get in all the paperwork so she can get her green card. Again totally blindsided it's a LOT more expensive than we thought to have a lawyer do it, so we're trying to do it ourselves. From what I understand she has to file an i-130 and i-485, than we wait for for interview and the whole process takes several months. One form is $400 and the other is $1000 so I want to make sure I get this right. Are those the only forms she needs to file, and can/should I mail both forms in one envelope? Any help would be greatly appreciated thanks!

  • #2
    paperwork

    www.immihelp.com has all the info you are looking for! make a thorough search on what you are looking for and am sure you will find everything you need.

    Now, am surprised you were shocked!! you married a FOREIGNER, something you knew, who was NOT a Permanent Resident NOR a US Citizen by naturalization!!! Why on earth did you think that she is entitled to your citizenship rights??????
    And just because she is pregnant there IS NO SPECIAL treatment other than perhaps be given priority in a waiting line or a seat in a bus/train!!!!

    FYI, just because you married a UK citizen does not make you European correct?
    Same goes for your wife for marrying an american citizen.

    loved the comment "naturally born US citizen"!!!!in other words your mother gave birth to you naturally not under a C-section !!!!
    I understand that you meant to write you are a US citizen by birth NOT by naturalization process aimed for non-americans. (just trying to cheer you up, pls take no offense )

    My opinion, and i have to say am not a lawyer therefore use at your own risk, is that you do need a lawyer...the way you want to do things is not necessarily the correct way, you just want to speed up the process, which is not a 100% certain results on getting GC (Permanent Resident Status).

    I assume that your wife soon will become an out-of-status person (the polite way immigration officers use for illegal immigrants, yes, even if she is married to you!!!!) From what i understand you need to file I-130 and I-485 and your wife cannot leave the country while you two are waiting for the interview.

    Although this speeds up things with immigration considerably TECHNICALLY she has OVERSTAYED her visa (or VWP of 3 months) and therefore, again technically she has broken the law! Technically, if she is caught she can be deported even if you have applied for AOS (I-485)! If she is caught (any domestic flight you two try to board on and the officer oh-so-happens-to-want-to-check-her-passport will immediately see that she has overstayed) and will detain her and immediately start deportation proceedings! that results in deportation with a 3 or 10 year ban of entry in the USA!

    Like i said, you need a lawyer and good luck! try not to get caught if you decide you want to break the law!!!

    I forgot to mention that am European too and my husband is the US citizen by birth! We did the whole thing the correct way and it took almost 20 months, since the day of filing, for the process to be completed. The result was that the AOS interview lasted no more than 10 minutes and the Immigration Officer told us that we were of the very few people who did this the correct way. Am guessing all the other couples are trying to speed up things!!!

    Another thing she told us is that USCIS does not adjust status of VWP anymore!!!! You have to go through the K-3 process.
    Again get legal advice and good luck
    Last edited by thnos; 08-29-2010, 06:53 PM.

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