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konik mum

Junior Member
What is the name of your state? NC

My husband and I met on the net, I still live in Aus at the time and he over here in the US. He flew to Aus we got married, he flew back to the US and I came over here 3 months later....

I have been approved for a relative VISA, however upon speaking with USCIS, I was told I wont be assigned a VISA number as I am eligable to apply straight for my permanent residencey.

After receiving my "relative VISA" I have had a child, also my husbands daughter from his first marriage lives with us full time and calls me mum...

I want to know is there anyway I can skip the lengthy process... we have a ton of people who have been ready and will to testify that my hubby and I are a normal couple. We fight we laugh we even watch game shows together and play cards... hell we have 2 kids together... I'm just sick and tired for being here adn not being able to look at going back to Aus to see my family (can't untill I recieve my SS#).

Thank you for your help and advice in advance.
 


ImmigAttyLana

Senior Member
You DO qualify but you HAVE to apply for your permanent residence. The petition your husband filed on your behalf is NOT sufficient to grant you any type of status. You must APPLY for your adjustment of status to permanent residence in order to gain permanent residence.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

evcalyptos

Senior Member
What is the name of your state? NC

My husband and I met on the net, I still live in Aus at the time and he over here in the US. He flew to Aus we got married, he flew back to the US and I came over here 3 months later....

I have been approved for a relative VISA, however upon speaking with USCIS, I was told I wont be assigned a VISA number as I am eligable to apply straight for my permanent residencey.

After receiving my "relative VISA" I have had a child, also my husbands daughter from his first marriage lives with us full time and calls me mum...

I want to know is there anyway I can skip the lengthy process... we have a ton of people who have been ready and will to testify that my hubby and I are a normal couple. We fight we laugh we even watch game shows together and play cards... hell we have 2 kids together... I'm just sick and tired for being here adn not being able to look at going back to Aus to see my family (can't untill I recieve my SS#).

Thank you for your help and advice in advance.

konik mum, you need to get some help, and you need to get yourself sorted.. none of this is going to happen automatically, and you've already made several mistakes.

It is difficult to tell, but it reads like this---tell me if any of this is wrong.

You and your now-husband met online ... some time ago.
Your US citizen boyfriend came to Australia and you two got married.
You came to the US as a tourist (without a visa) to live with your husband.
Your husband filed a petition I-130 (when?)
You have not filed any other immigration papers.
You do NOT have a VISA---you did not go to an interview at the US consulate in Sydney.
You and your husband have a child together plus his child from a previous marriage--there are 4 of you living in your household.

You think there is a 'lengthy process' ... for what? And how long do you think the process is? What do you think the process is?

You want to go home to visit your family.
You have no Social Security number.

Please correct my misunderstandings and add any information you can. By the looks of it, you have been living in the US 'unauthorized' aka illegal and haven't got access to a driver's license, bank account or any official documentation in the US.

How long have you been living in the US?
 
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Ausmumof2

Junior Member
OK, first of all....

My husband contacted someone at INS and consulted in regards to the matter of getting me over here asap, as his daughter was looking foreward to meeting her new mother. The woman had told him, the fastest way to get me over here, was to come over on a tourist visa and file the petition immediately, WHICH we did might I add. I have been approved and am not here illegally, THANK YOU VERY MUCH. I speak with USCIS often and my consulate in Atlanta as well.

As for me not having a drivers licence I DO... the paperwork I took in with me, instead of my SS# WAS valid.

I also have a joint bank account, through a well known American Bank.

I have also obtained a Tax ID#

I have to my knowledge done everything legally (be it backwards here and there) it has all been legal. I'm currently undtergoing the process of obtaining my permenent residence.

I was just wondering if there where at all anything else I could do even if there is more paperwork to file and more fees to pay I'm willing to do that, in order to skip the sometimes lengthy steps, as it's obvious my hubby and I are for real and have a family.

Thank you
 

Ausmumof2

Junior Member
"You and your husband have a child together plus his child from a previous marriage--there are 4 of you living in your household."

- I'm actually not sure what that has to do with ANYTHING, but yes your right, my husband has a great job and I'm fortunate enough to not have to work.
 

evcalyptos

Senior Member
OK, first of all....

My husband contacted someone at INS and consulted in regards to the matter of getting me over here asap, as his daughter was looking foreward to meeting her new mother. The woman had told him, the fastest way to get me over here, was to come over on a tourist visa and file the petition immediately, WHICH we did might I add. I have been approved and am not here illegally, THANK YOU VERY MUCH. I speak with USCIS often and my consulate in Atlanta as well.

As for me not having a drivers licence I DO... the paperwork I took in with me, instead of my SS# WAS valid.

I also have a joint bank account, through a well known American Bank.

I have also obtained a Tax ID#

I have to my knowledge done everything legally (be it backwards here and there) it has all been legal. I'm currently undtergoing the process of obtaining my permenent residence.

I was just wondering if there where at all anything else I could do even if there is more paperwork to file and more fees to pay I'm willing to do that, in order to skip the sometimes lengthy steps, as it's obvious my hubby and I are for real and have a family.

Thank you

I'm not going to pick apart every error in this post, but don't get so snotty. I would not recommend telling a USCIS officer that you planned to immigrate here with a tourist visa.

Have you or have you not filed a form called I-485 Application To Register Permanent Residence or Adjust Status?
It costs $1010 to file it, so you would probably remember.

If you have filed it, then you should expect to have an interview shortly. If you have not filed it, you are still here illegally and the steps will be 'lengthy' for the period of 'forever' because nothing happens until that form and its attachments (including the financial affidavit your husband would have completed) are filed. The size of his household, by the way, is a part of that affidavit.

You didn't answer the other questions I asked, so there is no way to know if when you leave to go for a visa interview in your home country, you will incur a 3 or a 10 year ban on your re-entry to the US.

Finally, your Social Security number has nothing to do with your ability to travel or not.
 

ImmigAttyLana

Senior Member
Not only is your attitude "snotty" but YOU are the one posting your questions on the public forum where other people including immigration attorneys are spending their valuable time in giving you expert opinions based on the facts you present, for FREE, I might add. So when you post certain things that make us realize that you have not filed all that you should have filed to legalize your status, you should take notice and actually read the posts rather than defensively hit back. The reason your post generated the responses it did is because you said that the USCIS told you you'd be eligible for a visa immediately. That means not that you actually get a visa immediately but that, as an immediate relative petition, it QUALIFIES for a visa number right away. But for that, YOU STILL NEED TO FILE THE RIGHT PETITION!!!!!!!!!!!!

You would KNOW if you had filed the right petition because you would have had to pay the filing fees, as evcalyptos indicated and you would have had the fingerprinting appointment and you would have obtained an employment authorization document and a travel document (and you COULD have probably already traveled back to Aus. to visit your family) and been eligible for a SS# and probably would have been scheduled for an interview already. If you did not file ALL the necessary paperwork, then you did NOT comply with the necessary steps in order to get yourself a status. So, either you did not really understand what the USCIS representative told you or you decided to only do it part way. Either way, it is not anyone's fault but your own and if you want to correct the situation, then you'd be well advised to at least pay attention to the advice you get here (which you had asked for, incidentally) instead of getting all aggressive.
 

AHA

Senior Member
come over on a tourist visa and file the petition immediately, WHICH we did might I add.

A direct violation of a tourist visa FYI.
So if you managed to get a GC despite breaking immigration laws like that, you really shouldn't complain about any other part of the process. You should be kissing the feet of whoever at USCIS that let you get away with it.
 

evcalyptos

Senior Member
A direct violation of a tourist visa FYI.
So if you managed to get a GC despite breaking immigration laws like that, you really shouldn't complain about any other part of the process. You should be kissing the feet of whoever at USCIS that let you get away with it.

Say hey! Happy New Year! Did I see that congratulations and welcomes are in order?
If so.. woooo! :)
 

Ausmumof2

Junior Member
Not only is your attitude "snotty" but YOU are the one posting your questions on the public forum where other people including immigration attorneys are spending their valuable time in giving you expert opinions based on the facts you present, for FREE, I might add. So when you post certain things that make us realize that you have not filed all that you should have filed to legalize your status, you should take notice and actually read the posts rather than defensively hit back. The reason your post generated the responses it did is because you said that the USCIS told you you'd be eligible for a visa immediately. That means not that you actually get a visa immediately but that, as an immediate relative petition, it QUALIFIES for a visa number right away. But for that, YOU STILL NEED TO FILE THE RIGHT PETITION!!!!!!!!!!!!

You would KNOW if you had filed the right petition because you would have had to pay the filing fees, as evcalyptos indicated and you would have had the fingerprinting appointment and you would have obtained an employment authorization document and a travel document (and you COULD have probably already traveled back to Aus. to visit your family) and been eligible for a SS# and probably would have been scheduled for an interview already. If you did not file ALL the necessary paperwork, then you did NOT comply with the necessary steps in order to get yourself a status. So, either you did not really understand what the USCIS representative told you or you decided to only do it part way. Either way, it is not anyone's fault but your own and if you want to correct the situation, then you'd be well advised to at least pay attention to the advice you get here (which you had asked for, incidentally) instead of getting all aggressive.

I appologize if I came off snotty and rude, they actually weren't my intentions at all. Honestly my husband did speack to someone at USCIS and was told that we could get me over on a tourist visa and file from here. Your right obviously I didn't understand what I was told and believe me it hasn't been my intention to be here illegally, infact thats the last thing I wanted it anything I'm actually close to tears at the thought of getting banned from this counry and my husband ans tep daughter from 3 - 10 years... As for my comment regarding my husbands income, I wasn't aware of the afidavit (sp) or anything, I just found this sight and have been feeling my was through this process. I'm sick to my stomach,a dn if hwe could afford it would have hired a immigration lawyer to help us with this..

Once again I do appologize, and I would like you all to know that we're filing the I485 with the tax money.... thank you
 

evcalyptos

Senior Member
I appologize if I came off snotty and rude, they actually weren't my intentions at all. Honestly my husband did speack to someone at USCIS and was told that we could get me over on a tourist visa and file from here. Your right obviously I didn't understand what I was told and believe me it hasn't been my intention to be here illegally, infact thats the last thing I wanted it anything I'm actually close to tears at the thought of getting banned from this counry and my husband ans tep daughter from 3 - 10 years... As for my comment regarding my husbands income, I wasn't aware of the afidavit (sp) or anything, I just found this sight and have been feeling my was through this process. I'm sick to my stomach,a dn if hwe could afford it would have hired a immigration lawyer to help us with this..

Once again I do appologize, and I would like you all to know that we're filing the I485 with the tax money.... thank you

Look, don't get yourself all upset over it now.. it is water under the bridge, you are here in the US with your family and you do know that you need to 'do something' to get it sorted.

You should be able to send A COPY of your approval notice with your I-485 package and get your Adjustment of Status underway.

This stage is where a lot of errors can be made, so don't go running off half ****ed---take your time and be thorough. A week or so isn't going to make any difference in the big picture, so start studying now so you are prepared when your tax refund comes in.

You can get your tax transcripts ordered from the IRS.
You can get your medical exam scheduled/taken.
You can make sure you've got original and photocopies of everyone's birth certificates, your marriage certificate etc..

Read this Guide and it will point you to all the official pages you need and give you tips for making sure you are sending the right amount of money to the right place... you wouldn't believe the errors people make when they rush, so GO SLOW. :)

http://www.familybasedimmigration.com/forum/adjustment-of-status.php


PS: Always keep a copy of anything you submit to them from here on and always send your applications by trackable mail- & pay with personal checks.
 

Ausmumof2

Junior Member
Thank you so much, I really appreciate all of your help (despite my attitude, I do apologize for that). I have gotten on my husband and I have been researching for the last 2 days, so we will be filing in the next week or so.... Thank you so much you have been a great help and I really appreciate your time and patience.... I'll go check out that website and get my stuff in order.... I'll post once everythings done and let you know how it goes.


Once again, THANK YOU!!!!!:)
 

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