Newlywed. Needs to go to home country on Sept. What to do??

[ferlia]

Hi. I just got married with a US Citizen 3 weeks ago and we just send I-130 form and got reply of I-797C saying that my case is pending.

My question is should I send I-485 right now? What is I-485 purpose? According to my husband it's for removal of temporary GC after we married for 2 years and I don't need it right now.

I also read that in the special instruction in I-485 there's note: Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently.
Is that mean I don't have to pay for I-765 and I-131 form?

We also need to go home to Indonesia for our wedding reception in Oct. Is it possible?

I'm so confuse. Please help. Thank's

[nichole]

How are you in the US right now? Did you get a K1 visa? Were you already in the US on a work or student visa? Need more information.

[ferlia]

I'm currently in US. I get in on Apr 14th 2009 with visitor visa class B2. I got married on Apr 23rd 2009. My I-94 will expired on Oct 12th 2009. I just submit the I-130 and received the receipt. I'm now working on I-485, I-131 and I-765. The thing is I have to go back to my home country on Sept 20th. I'm confused, should I go ahead send the I-485? If I haven't sent it, can I still travel on Sept to my home country and back to States with tourist visa? Thank's.

[ferlia]

Oh and 1 more question. In I-765 no.11 Have you ever before applied for employment authorization from USCIS?. I had J1 program 3 years ago. Is that included? I don't know which USCIS office they apply to. Thank's again

[PraetorianXI]

I get in on Apr 14th 2009 with visitor visa class B2. I got married on Apr 23rd 2009.

You my friend, have bigger problems.

You entered the USA with a visitor visa, with clear immigration intent, that is fraud.

What exactly did you tell the POE officer the purpose of your trip was?

If i were you, I'd go back home and continue through Consular Processing. Forget about Adjusting Status... how are you going to prove that you did not have intentions to marry, having done so in less than 10 days?

[ferlia]

I said it was to visit my boyfriend. At that time we're not sure if we'll get married. So what should I do now? If I go back home, will that affect my I-130?

[PraetorianXI]

I said it was to visit my boyfriend. At that time we're not sure if we'll get married. So what should I do now? If I go back home, will that affect my I-130?

Consult an immigration attorney. Leaving the USA and opting for a K-3 visa or IR1 visa is your best bet. You will have a hard time proving that you did not intent to immigrate otherwise.

[ferlia]

Will do that. Thank's for the advice.

[PraetorianXI]

No way! Stay as long as yo can, be happy with yor husband or be ready for a long tortune with processing all the petitions for a spouse visa it can take years ,are yuo ready for that? are you sure you need it? think twice!

Will you please quit spreading your ill advice in the forum? You have no idea what you are talking about.

This poster has high risk of being denied and deported for fraud. More than the normal headache of filing forms.

[JuliaJulia]

Could you please explain to me why you consider my messages to be fraud and ill? I'm just doing the same thnig as everybody. And i came to this site not to do wrong to anybody and I'm sorry if that seems like that to you. Are you a supervisor? why are you threatening me? i'm not gonna give any advice from now on but could you please explain to me your mean attitude?

[orion]

Could you please explain to me why you consider my messages to be fraud and ill? I'm just doing the same thnig as everybody. And i came to this site not to do wrong to anybody and I'm sorry if that seems like that to you. Are you a supervisor? why are you threatening me? i'm not gonna give any advice from now on but could you please explain to me your mean attitude?

You need to know immigration laws first before you start advising people based on your personal opinions.

[JuliaJulia]

I jst advised the person to thnik twice before she leaves, is it against the law? is it against the law to advice somebody to stay in order to avoid the separation with her husband for many months?
okay whatever

[orion]

I jst advised the person to thnik twice before she leaves, is it against the law? is it against the law to advice somebody to stay in order to avoid the separation with her husband for many months?
okay whatever

I am not flaming here, but do you even know that what OP did is considered illegal?

May be you are saying what you do because you did a similar thing as OP(from your history of posts).

Whatever... but you need to know the rules before you start answering people, and I see you have been just posting what you feel haphazardly on this forum. What you say may be the best for convenience, but is incorrect speaking legally. Tomorrow if someone lands in deeper trouble because s/he followed what you wrote here, how much responsibility will you take?

[PraetorianXI]

I am not flaming here, but do you even know that what OP did is considered illegal?

May be you are saying what you do because you did a similar thing as OP(from your history of posts).

Whatever... but you need to know the rules before you start answering people, and I see you have been just posting what you feel haphazardly on this forum. What you say may be the best for convenience, but is incorrect speaking legally. Tomorrow if someone lands in deeper trouble because s/he followed what you wrote here, how much responsibility will you take?

Agreed.

This is by no means professional advice that any of us impart. But, it is a forum related to immigration affairs. People come here seeking all kinds of things, but if you do not know what you are talking about, it is best not to say anything.

A lot of law, experience and several posts later. Some of us can contribute with sound advice.

This is not a cooking forum, where you can share your recipes of the best chocolate chip cookie (something subjective). Most immigration matters are OBJECTIVE and few exceptions are found.

The manner in which JuliaJulia has been spreading advice was as-matter-of-fact-ly which can cause confusion and mislead people.

[kprettypaul]

Could you please explain to me why you consider my messages to be fraud and ill? I'm just doing the same thnig as everybody. And i came to this site not to do wrong to anybody and I'm sorry if that seems like that to you. Are you a supervisor? why are you threatening me? i'm not gonna give any advice from now on but could you please explain to me your mean attitude?

ARE YOU LOCO! COMING ON A VISTOR VISA AND GET MARRIED LESS THAN TEN DAYS CAN BE SEEN BY AN IMMIGRATION OFFICER AS FRAUD. BECAUSE YOUR COMING 2 VIST NOT 2 GET MARRIED. IF THE PERSON WANTS 2 GET MARRIED THEY SHOULD HAVE USED THE K1! PLEASE DON'T GIVE ANY ADVICE IN THE FUTURE PLEASE!!!!!