245i

[peija]

Hi,
Well I am positive I can apply for a 245i, but I am totally new to all of this...
And I don't even know where to start???
Me and my GF are just talking about marriage and she wants to know the process we have to go through basically...
I mean should we apply for a fiance paperwork??? or does that just apply for those living apart from each other???
Basically...how long will it probably take is what she wants to know, and whats the first paperwork we fill out is what I want to know, 245i?

We will consult an attorney before we actually start, but we won't start the process until we know what its like, if that makes sense to anyone

[kitkat1]

A person would only have qualified to adjust their status under 245 (i) if a petition was received by USCIS no later than April 2001. Otherwise, you don't qualify.

If you want to file for a fiance visa, start by reading the process here:

http://www.familybasedimmigration.com/forum/k1visa.php

http://travel.state.gov/visa/immigrants/types/types_2994.html

If your one of you has a visa ineligibility and will need a waiver, read through the links in my signature.

Good luck.

[Laura]

Kitkat1 - if the OP does qualify for 245i - do they have to marry first, or can they adjust that way as fiances... I think they have to marry, right?

[Azul y Vampy]

First of all, welcome to this wonderful process :)
Second, I'm a little confused about your statement "I am positive I can apply for a 245i" What do you mean by this? do you have an approved I-130 as of 2001?
If you don't, you don't really apply under the 245(i) law (it's not really a form).
I would recommend you first take a look at this very informative stickie: guide for attaining legal status for an undocumented fiance or spouse (http://immigrate2us.net/forum/showthread.php?t=2395)
Also, it would help to know a few things about you:
1. What country are you from? I'm assuming you're the intending immigrant, and your GF is the US citizen
2. How did you enter the US and when?
3. If you entered without inspection (EWI), do you have multiple entries? and when?

I can tell you that you have 2 options:
1. Your US GF can file a fiance petition, form I-129
2. You could marry, and then file a spouse petition, form I-130

Hope this gives you some idea, but I would really encourage you to read the link above.
Good luck.

[Azul y Vampy]

Man... I need to type faster :blush:

As always, well said Kitkat!

[peija]

Ok, I followed your links, so basically don't apply for a fiance I think
because I'm already in the U.S.???

I'm guessing just wait to talk to an attorney...my aunt did make a petition for us on April 31 of 2001, so I qualify for a 245i
before we start the process though my GF wants to know more about it basically, like how long it takes, but my situation is different because I entered with my parents illegally when I was 5, but I am grandfathered though
A consultation costs 200 buckarroos, thats probably what we should do first before anything

[Laura]

Here's Peija's original post:

http://immigrate2us.net/forum/showthread.php?t=4372

I think you have to get married first, and then you file an I-130 in conjunction with the I-485 AOS form and maybe one or two other forms. It's not a very long process, maybe 9 months (?). It's just forms and fees. You won't have to leave the U.S.

Laurel Scott does e-mail consultations for $100. That might be a good start.

[peija]

I fall under VII. The I-601 waiver of inadmissibility
But my aunt filled a petition for me and my family in april of 2001,
so I can apply for a 245i, I havn't left the U.S. since I was brought here at the age of 5,
And I am now 21 and attending WSU for engineering

To answer your other quesitons
1. I'm from Mexico
2. I came with my parents in 1991
3. I did come without inspection, but no multiple entries

[peija]

Laurel Scott does e-mail consultations for $100. That might be a good start.

Can I get her contact information...I already went through the list of recommended lawyers, and it was long, is she in there???
sorry for being so lazy, but I'm working on a circuits lab, and I've already worked on it around 15 hours, and still have quite a bit left

[Laura]

visacentral.net

[djones9714]

I agree with Laura. You cannot adjust status by filing paperwork for a fiance. The 245(i) application comes into play when you adjust your status and you can't adjust your status until you marry. Does this make sense? Therefore, you would marry, file your I-130 and when you file your I-130, there is information that you fill out on the form about whether or not an application has previously been filled out for this person and that is where you will fill out the information for the I-130 petition that was filled out for your wife which entitles her to now "use it.?

Here are the guidelines and pay close attention to Question 9 and the answer. So this is basically saying that you can use 245(i) when your immigrate petition (I-130) is approved.

Here is the link.

http://www.uscis.gov/files/pressrelease/Section245ProvisionLIFEAct_032301.pdf

[Azul y Vampy]

So your AUNT filed a petition for you? How is that possible? I thought I-130 was only for spouses, children, siblings or parents? Did your aunt adopt you before the age of 16?
Anyway, I would recommend doing a consult with Laurel, she's great!

[Laura]

I'm confused about that part too. I mean, if the aunt petitioned for her brother (Peija's dad), did that petition "cover" the kids as well? Apparently so... He's definitely not adopted.. but I guess I'm not familiar with this either.

[djones9714]

In his earlier post, I believe he stated that his aunt (a U.S. citizen) filed for her sister (his mother) and yes, children would be included on that application. That is how he was "grandfathered" under the 245(i).

[djones9714]

Peija: Please clarify: Did your mother ever take advantage of the I-130 filed by her sister to get her green card? What happened here? Or is it still pending because there is no visa number available. You would be included on that application; therefore, the fastest way that a visa number would be available to you without waiting is marriage to a U.S. citizen and you could immediately file for AOS. The link that I sent you has all of the requirements and paperwork you need to submit for this.

[djones9714]

Well I'm currently a student at Washington State University, I'm working on getting my BA in Electrical Engineering.
Now with no DREAM Act, I am looking at my other options...
Basically my aunt did a relative petition for my mom and us in 97, but it got canceled??? Well thats what my aunt thinks, and she re-did another petition in 01, which has been approved since 2004.

My biggest concern right now is what would happen if I were to get married to a U.S. citizen??? I don't think I qualify for a 245i, because it didn't get approved until 2004, and I was told you need to have been approved sometime in 2001. I ask this question because I have a serious girlfriend, and we are thinking about marriage.

Thank You in advance for any useful information...now I have to get back to work on a Circuits lab >.<

Here is his original post which makes his case easier to understand. The I-130 has been approved since 2004; however, there is no immediate visa number available for him or his mother and that's why they haven't been able to adjust their status here.

However, if he gets married to a U.S. citizen, he will be able.

[JustMe]

Yep, this is correct. If he gets married to a USC, he will qualify under 245i.

[peija]

Everything is a lot clearer now :P
thanks guys

Basically I believe that we are waiting for them to process our cases or something??? bcuz it has been approved since 2004
But I still have a while left because it was only filed in 2001...maybe around 2011

The sad part is that my aunt filed a petition for us in 1997, but she didn't submit all of the paperwork..
she says that they asked her for her original birth-certificate but that she was traveling and couldn't get it to them
So she believes it got canceled....

[kitkat1]

Go to the USCIS website and put in her case number. This will tell you the status. If she never provided the information required, most likely her petition was simply denied due to lack of evidence.

In terms of waiting time, you should look at the current Visa Bulletin here:

http://travel.state.gov/visa/frvi/bulletin/bulletin_3827.html

If you marry, assuming you qualify under 245 (i), you won't have to wait for a visa to become available as they are automatically available to spouses of US citizens.

[djones9714]

Please remember that you have 2 options here:

1. You already have an approved I-130 and if you adjust status through your mother's application, you will have to wait until a visa number is immediately available. For siblings of U.S. citizens, that could take 5-10 years -- not sure of exact dates. That is why your paperwork is still at the National Visa Center because you will not be sent anything further until a visa number is available.

2. When you marry a U.S. citizen, as you have already stated your girlfriend is, you will immediately have a visa number available to you.

[djones9714]

Forget about the application filed back in 1997. Your only choice now is the one that was approved back in 2004. Start planning your wedding because you are one of the lucky ones.

[peija]

i looked up the 97 one with the receipt number...here is what it said online

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: We mailed you a notice requesting additional evidence.

On October 22, 1997, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.

[djones9714]

Where is the approval notice for the one that was filed in 2001 and approved in 2004? That would be the one which was approved. The one back in 1997 was not approved and therefore is no longer any good since you never submitted info. The one you said your aunt filed for your mother back in 2001 was approved in 2004. That would be the good one. Find that application. Do you have the information on that one? The receipt notice?

[peija]

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Approval notice sent.

On July 26, 2004, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

[djones9714]

This is exactly the one that is going to help you once you get married. Make sure that your name was included on the application for your mother (as her child).

Also, I do want to mention that until you get married and file your I-130 and get it approved, you are still subject to being caught so please be very careful. Once you file the application for adjustment of status, you are okay -- time is stayed.

[djones9714]

Oh and one other thing -- DO NOT ever leave the U.S. until you get this process over with. 245(i) allows you to AOS without having to leave the country and nothing else -- it will not allow you to re-enter if you leave without having to go through the waiver process like the rest of us.

[peija]

:P Thanks a lot, I have no more questions at all now, you answered everything, thanks for being so helpful djones.
Well here is a recap of what I should do I think.
1. Make a consultation with a lawyer
2. Get married and file I-130 first ??? (I'm sure the lawyer will answer this part)

I feel a lot better knowing that I'm grandfathered

[Laura]

Peija - I believe you will file the I-130 in conjunction with the I-485 (Adjustment of status). Here is some useful information from the USCIS website (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5baa6138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD).

By the way, you might want to consider doing this process on your own, now that you are certain you will be able to use 245i eligibility, it sounds like it will be pretty straightforward. It's up to you though - if you do use an attorney, make sure they know what they are talking about.

[peija]

ok, never actually thought of doing it on our own, we won't get married for a while still, but I will have you guys as resources when I do if I do it on my own :P

Ohh and I did contact a non-profit organization that helps with immigration where I live (someone from USCIS mistakenly told me our case was done because it was accepted...), they allow appointments if you need help
So I will probably contact them as well when the time comes