i need help from Iranians in US

Mehrdad khan

I hope and pray that things will work out for you.

I am in my own immigration dillema of whole different variety, a whole different beast and believe me you have a better case than mine.

One thing that i have read here over and over is this thing about a good Immig. Lawyer. That really is an oxymoron. believe me i have had my share of lawyers from Texas to calif to NY. You really can not tell if a lawyer is good at whe he or she does until and unless they take your case and it is during the process that you will gradually realize whether they are worth the money you are paying them or even they are making progress on the case (screw the money) . It is all about the experience of that lawyer and you really can not tell right off the bat if you are dealing with one, Unless she would disclose to you all the files of the cases she has dealt with, which we all know is not gonna happen.!

Second. You do reealize that in order to get your citizenship later on You MUST make the comminttement of coming here every six months or else there potentially could be some problems,

Last but not least. I was amazed by what you wrote about the truth about issuing student visas. I have seen a few lawyers on iranian TVs that makes this option look such an easy one and literally encourage people to take this route.

Dear Mehrdad

A fast thank you for the reply and answering my question.

Sorry I'm very busy now, I just came back to thank you for now and I may get back to you later.

Lots of good wishes for you.

re: souri's questions

1. i haven't gotten married yet because I want to make sure that when we do there is a way over to the US.  This way I can let her parents know the whole truth before they learn later and get disappointed that they were duped

2. I obtained my GC, then visited Iran and met my fiance

3. Student visas.  The US embassy is extremely careful about granting visas.  For example, it wants to make sure that the field of study you are pursuing is not offered in any Iranian university.  They would then question about why the US and not UK or Australia for example. 

Again, I think if I was the mom and dad of the girl, I would like to know what the deal.  I cannot possibly marry her, and get calls every week from my mother in law about "how close are you." 

As far as the suggestion by some that I should move to Canada.  I appreciate your help.  But I figure that to start in a new place over is just too much hassle.  If I'm gonna move, I might as well move to Iran while I'm still young and get used to it.  I would later get my US citizneship and my kids would have easy access to the US and the world.  Heck, I figure I would live only once, I might as well enjoy it in my country instead of becoming "zar be zar."  Maybe in the end that is my "ghesmat" - maybe God has some other plans for me- who knows!

for more information........

I just copied and posted the information of the Immigration government web site.

For further information, I recommend going to the web site www.uscis.gov

Best of luck!

Bringing Spouses to Live in the United States as Permanent Resid

If you are a: Permanent resident and your spouse is

Inside the United States (through lawful admission or parole):

File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status. See required documentation below.

If you are a: Permanent resident and your spouse is

Outside the United States:

File Form I-130. When Form I-130 is approved and a visa is available, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See required documentation below.

 .........

If you or a member of your family is in the U.S. military special conditions may apply to your situation. For information and additional resources, see the “Information for Members of the Military and their Families” link to the right.

Required Documentation

To complete the process, the petitioner must submit:

• Form I-130 (signed with proper fee), with all required documentation, including:
  
  • Two completed and signed G-325A forms (one for you and one for your spouse)
  • A copy of your civil marriage certificate
  • A copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminated
  • Passport style photos of you and your spouse (see Form I-130 instructions for photo requirements)
  • Evidence of all legal name changes for you and/or your spouse (may include marriage certificates, divorce decrees, court judgment of name change, adoption decrees, etc.)
• If you are a U.S. citizen, you must demonstrate your status with:
  
  • A copy of your valid U.S. passport OR
  • A copy of your U.S. birth certificate OR
  • A copy of Consular Report of Birth Abroad OR
  • A copy of your naturalization certificate OR
  • A copy of your certificate of citizenship
• If you are a permanent resident, you must demonstrate your status with:
  
  • A copy (front and back) of Form I-551 (green card) OR
  • A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence

Conditional Residence and Removing Conditions

If you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions on residence, you and your spouse must apply together using Form I-751, Petition to Remove the Conditions of Residence. (Note that Form I-90, Application to Replace Permanent Resident Card, is not used for this purpose.)

You must apply to remove conditional status within the 90-day period before the expiration date on the conditional resident card. If you fail to file during this time, your spouse’s resident status will be terminated and he or she may be subject to removal from the United States. For more information, see the “How Do I Remove the Conditions on Permanent Residence Based on Marriage?” link to the right.

Case Status

To check the status of your visa petition, see the “My Case Status” link to the right.

Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F. Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the “K-3/K-4 Nonimmigrant Visas” link to the left.

If you are a permanent resident and you have filed Form I-130 for your spouse and/or minor children on or before December 21, 2000, your spouse and/or children may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information on V visas, see the “V Nonimmigrant Visas” link to the right.

For more information on “Adjustment of Status” within the United States and “Consular Processing” overseas, see the corresponding link to the right.

My Petition was Denied: Can I Appeal?

If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals. For more information, see the “How Do I Appeal the Denial of My Petition or Application?” link to the right.

Following-to-Join Benefits 

This section is for beneficiaries who became permanent residents through a preference classification.

If you had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your children. In addition, your children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your children can apply for an immigrant visa.

Your children may be eligible for following-to-join benefits if: 

• The relationship existed at the time you became a permanent resident and still exists, AND 
• You received an immigrant visa or adjusted status in a preference category. 

If your family member (child) falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

• Form I-824, Application for Action on an Approved Application or Petition
• A copy of the original application or petition that you used to apply for immigrant status 
• A copy of Form I-797, Notice of Action, for the original application or petition 
• A copy of your Form I-551 (green card)

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your child overseas with your Form I-485.  When concurrently filing Form I-824, it does not require any supporting documentation.

If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Direct such inquiry by sending an e-mail to NVCInquiry@state.gov or by writing to the National Visa Center, ATTN:  WC, 32 Rochester Ave., Portsmouth, NH 03801-2909. 

To download the forms and instructions referred to above, see the links in the “Forms” section to the right.

Last updated: 09/03/2009

www.uscis.gov

This page provides information for U.S. citizens wishing to bring a foreign national fiancé(e) living abroad to the United States to marry.

If you plan to marry a foreign national outside the United States or your fiancé(e) is already residing legally in the United States, you do not need to file for a fiancé(e) visa. See the “Green Card” link to the right.

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

• You (the petitioner) are a U.S. citizen.
• You intend to marry within 90 days of your fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
  1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
  2. If you prove that the requirement to meet would result in extreme hardship to you.

Application Process

• File Form I-129F, Petition for Alien Fiancé(e). See the links to the right to download instructions and Form I-129F.

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. For additional information, see the “Green Card” link to the right.

Children of Fiancé(e)s

If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to him or her. Be sure to include the names of your fiancé(e)’s children on your Form I-129F petition.

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization.   

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

We want to make plans for our wedding. How long will this process take?

To check the current processing times for the I-129F petition, see the “Check Processing Times” link to the right.

Last updated: 09/03/2009

Canada

dear VPK,

Yes, Canada is a good choice,  for all the reason that you mentioned.

But "Fiancé" doesn't work here either :)

The immigration law here, is softer that the Us law, yet it has still some regulation. You can bring your someone with whom you have lived maritally for at least one year (even if you are not married) even if this is about someone of the same sex, but you can't bring your fiancé.

For a homosexual partner, even if you didn't live with the person, but you can prove that there is a true and actual relationship between you two, still you can bring that someone to Canada, but it doesn't work for a person of the opposite sex! LOL :)

dear Mehrdad

You really should think of Canada. It is a good place and not as paranoid about Iranians as the USA. I live in the USA myself but would not mind Canada. You have a much less right wing and less corrupt government. Plus you get more benefits from your taxes and a better social safety net.

Dear Mehrdad

Thanks for the honest reply. From what you have said here, it seems that most of the rules  of the US Immigration law are similar to the Canadian law.

If I may, I like to add that there are still some ambiguity in your statement, at least for my little knowledge:)

First, you never answered the question of Marriage with your fiancé, which have been brought up many times by other friends. What does hold you back from going there and get married?

Second, when you have applied for the first time, where have you been in your relation with your fiancé? Obtaining a Green Card is a long process, so if during the waiting-time for your residency, you have met your lady, you had to add her name into your application, didn't you have time to do that? Or did you meet your fiancé in Iran after you came in US as a Green Card holder?

Third, you said that even if she get the admission from a university, she might be denied of the visa!!! Is this a valuable argument for not proceeding? The fear of  failure is so big that prevent you of doing any effort?
As for her not be able to live in US for years w/o returning to Iran,although it seems the rules are strange, but why not? Nobody has nothing with nothing. If this is what it takes for her to stay here, she must deal with it. We all, are deprived from some of our privileges and we know that we can't have our cake and eat it too. I know it is difficult for her, but if it is only for 3/4 years, then she must put up with this.

The most logical way seems to marry her or obtaining a student visa for her , or a tourist visa.

There is always a way to get where you want to be, but at first you need  determination.

Good luck.

Several approaches

First decide whether USA is tbe best option for you. The US has become less hospitable to Iranian immigration in the recent years. So you may do better going to another country say Canada. You have an profession which is very desirable. You may find Canada a better choice. 

They have a skilled worker path which may work for you. You should at the minimum check out this site:

//www.cic.gc.ca/english/index.asp

If you decide on the USA then a good immigration attorney is the right way. The laws and procedures are always changin. There are a lot of different wayto get into the USA. A good lawyer knows all the possibilities and will find the best for you. There are many who specialize in Iranian immigration here are a few:

//www.iranianlawyers.net/practice/immigration...

dear souri...a few clarifications

thank you for your response.  I appreciate it.

The reason I resorted to publishing personal info is because "there is no chare"- when you feel all doors are closed, you really don't have an option.

Regarding info from US attorneys these are the ways:

1. if GC holder, sponsor your fiance/wife and wait 6 year to get her here

2. if you are a US citizen, you can get her here in average 6-9 months

3. invest $500,000 in a economically struggling area/business and employ americans.  i.e take a risk plus those businesses do not fit with my career

4. your spouse/fiance invests $150,000 in a business to be eligible for a business visa which would give her the right to come and go as needed.  However, the should be adequate documentation to prove that this money is her money and she has to show that it was tranferred from Iran to US.  Moreover, it has to be in a business where she would have experience in and willing to work in it.  In other words, if my spouse is an interior designer, she can't really invest and purchase the rights to a conveniece store because she needs to show that the business fits in with her experience.  Has she run a business in iran? no. has she run a coffee shop or restaurant in iran? no.  She has only been a student thus far.  So investing in a business by itself is not sufficient rather a track record is needed to show she has had the experience in the kind of business that she will be investing in.

5. Apply for a student visa to continue her studies.  This usually demands that she takes a few exams and then apply for US institutions.  After all that, she can still be denied a visa.  Many students in Iran were granted admission to US universities only to be denied a visa.  Also a person with student visa does not have the privalege to leave the US and come back as needed.  She would have to apply for a US visa every time she needs to get back in the US.  And I cannot possibly do that to her.  I know for one thing that alot of Iranian spouses would feel some sort of depression in the 1st year or two from arriving here.  They would need to visit their family atleast every 6 months or so.  Plus my spouse has an active social life in Iran, I can't possibly do that to her.  I can't have her miss out on her family events, best friend's wedding, away from her social life and then clip her wings by having her stay in the US for 3-4 years until her papers starighten out.

Finally, I have published this post like I said because I feel there is no other choice.  In the next 2-3 months, I would have to make a decision.  Either, I stay in the US and continue my life here--and break off from the person I loved and search anew for a new person then wait a couple years before we could have kids.  OR change my life completely, give up my way of life, my good income and start my life in Iran. 

Even though I am not superstitious, me and my family did plenty of "coffee cup reading" and other astrological and "istekhare" and I was told that Iran would not be good for me.  It could all be a superstition, but once you are told the results , it still makes you think twice even if you are not superstitious.  However, staying in the US and starting my search over would just be a hugh task plus God knows how long I have to wait to have my first child.

dear Mehrdad

Please rest assured that I didn't mean any offense.

The reason why I said that, was because you have displayed all the personal information in a public website, while it was not necessary.

The first time I'd read your blog I told myself "there's something wrong with this" because :

1) There are so many lawyers and Immigration consultants in US, so many of them are indeed Persian spoken and are available across  the country thru phone and website and TV.....how could you still be at this level of discouragement? If you are in US already, it means you have some friends and acquaintances who were already in place before you, how come nobody could help you with this?

2) As I said before, even if you like to ask help from a larger public by posting this blog in the site, but why did you give your phone number and your email address? Anybody who wants to contact you can do it via the site!

Honestly, at the first sight I thought this was either a prank to "dast andakhtan" a friend whose personal info you have posted here....or it is a cheap way of doing an advertisement for your business by posting its number here.

I am very sorry for having said what I thought about your blog. I do really hope that you will succeed in all your endeavors.

Respects,

Wow, Souri Khanoom, That is

Wow, Souri Khanoom, That is exactly what I thought when I first read the request. I can't pinpoint exactly why I think this request is fake. I guess it's our women intuition or something like that...?LOL

Your request doesn't sound real to me!

I'm in this job for some while and could help you if it was for Canada.

But mostly I am very septic about your request. There's a hole, missing in the chain! Something is missing........

Anyway, you can always call Mr Jamshid Irani in NY. I can give you also a very good American Immigration lawyer, record who is based in NJ.

I can't believe you still couldn't find someone to help you!

You can contact Mr Irani via Iranian.com

//iranian.com/Opinion/2007/June/Irani/ind...

Needing help

One issue: You wrote that you are currently just a Permanent Resident.  How long do you need to wait to apply for Citizenship and become an American?
By becoming an American you can facilitate the process of bringing her over!

A good attorney is not a guarantee, but a good start

Dear IHACOAT,

I applied for my Mom's citizenship and waited for 2.5 years, while other nationalities were getting it done in 6-7 months, based on the INS site, while telling us to wait.  Meanwhile, a good lawyer knew steps that reduced it to 3 months from the time I hired him.  Do not even ask where the application had ended up for an 83 year old woman.

Same with marriage application.  Yes, even I know the basics too and if he wants to do that, I wish him luck and send him to the INS site that has all the forms to do that. 

There are also "non-attorney immigration specialists" who know the basics, but throw their shoulders and say "well, I did all I could" as soon as there is a problem.

That has been my experience, unfortunately.

LOL MM

"Proof of relations." Soon they are going to start requiring the honeymoon bedsheets.

I disagree that a "good attorney" is necessary. Most of this stuff is just a series of major paperwork. An attorney is NOT a guarantee or higher likelihood of an accepted visa application. Be patient and thorough with the applications and pay attention to how you fill out EACH AND EVERY question!!!

For Iranians, 1st step is to get a good immigration ATTORNEY

The most important step is to get a good lawyer to advise you, and I am emphasizing ATTORNEY.  If in the east coast, I can call to recommend a good immigration attorney's office.  A  good lawyer will also advise you on the steps to take such as writing to different agencies, filling application forms, marry, not marry, mock interviews, ....etc.

Be very aware that the US embassies are insisting on "PROOF OF RELATIONS".  So, keep calling her, email her, write her, take pictures (picture album together) and vice versa...... and keep good records of the relationship from the very start.  Calling card records, phone company records, hardcopy of emails......... You need to have a solid case.  There is a list of ca. 20 things to do for proof of relationship that a good lawyer can provide you.

Good luck.

Yes, you CAN!

Of course you can achieve your desired outcome. I personally think David's suggestion is a good one, and there are several variations on that theme you could use.

But as Ali A Parsa says, BE CAREFUL especially now you have published your personal information on a public website.

GOOD LUCK! 

Marry her

Go to Iran and marry her, then you can bring her as your wife. Once married, just need to go to a US embassy and get visa, at least as tourist. This is the fastest , surest and cheapest way I think.

Or if by any chance you can get your citizenship, then you can bring her with fiance visa.  Once here with that visa she has 3 months to marry.

Or if she can just get a tourist visa to come. Once here, marry her and she can stay.

Yes, it can be done!

First, I admire your honesty in soliciting help from all and your determination to pursue the matter. I have no time to go through all the details except encouraging words, but I believe in "If there is a will, there is a way." There are three good reasons in your favor-the high demand for your profession, your willingness to spend money and your love. Moreover California and New York are two of the best places for getting this done. I am sure that most people will help you, but as a precaution look out for a very few who are experts in preying on innocent and sincere people. Just be very careful. Your victory is near! Just let me know if I am proven right so I share your happiness.

khody