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geowrian last won the day on September 17

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About geowrian

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    K-1 Visa
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    California Service Center
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    Philadelphia PA
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  1. VWP entrants are excluded from this. This only affects visas as this is a DOS change. AOS is a USCIS process, which has not adopted this policy (and past rulings on the law cannot be overruled with policy changes).
  2. Just to clarify a few things... 1) This does not apply to AOS. This is a DOS rule, not USCIS. It's basically saying you can't say you're coming to the US for one reason, marry within 90 days, and then have the CO not consider if they previously lied about intent. 2) For AOS purposes, intent is still established at POE as an IR of the petitioner. Or more precisely, preconceived intent cannot be the sole factor for a denial of an AOS application in this case. This is not something a simple rule can change due to past rulings of the actual law (not policies).
  3. They do make them leave if they are caught by the department that deals with immigration. Self-employed means you are the employer. While the requirements to verify that employees are authorized to work vary based on multiple circumstances, the requirement to only employ those who are permitted to work exists everywhere.
  4. I'm not so sure you would be (honestly) smiling while they're there...they always come at the least expected times on purpose.
  5. Permitted name changes due to a marriage vary from state to state. Most states (IIRC) permit the Filipino naming style changes: First Middle Maiden -> First Maiden Married (or various hyphenated forms or multiple names). If your state doesn't permit your desired name change due to marriage, you may need to go through a legal name change process in your state. USCIS will accept any current legal name for the AOS documents.
  6. Typically, the petitioning spouse needs to be at the interview. However, if there is a good cause for them not being there (like in your case), then showing evidence of it is perfectly fine and not a reason for concern.
  7. Sure, there are plenty of ways to be refused a visa (public charge concern, criminal history, past immigration violations, etc.). But nothing you've said indicates you are likely to have an issue. I-134*
  8. Certainly not everyone adjusting from a tourist visa or VWP is doing so to skip the line...things do happen (medical conditions, political & military issues, etc.). I think the issue is that intent is determined at POE, which makes an easy hole for abuse without even a way to see how much it's happening...instead of allowing somebody to use common sense to determine if they were actually trying to bypass the visa process.
  9. it's closer to 4 months currently. Few EADs are approved in under 90 days anymore (barring an expedite).
  10. You can pay for somebody's ticket and offer lodging (in home or hotel/motel/whatever). You cannot sponsor them for the visa. It doesn't come up in the interview too often because who is paying for the trip is asked on the DS-160, so the CO already has an answer and only asks to either verify or get more details.
  11. I'm not sure what to tell you other than NVC doesn't use or review this for a K-1 or do any processing like that for it. That's the current process.
  12. Option 1) Stay and try to make it work. Get counseling. Option 2) Divorce and she can return home if she wants (she can deal with how to do so herself). Option 3) Go with her back to her country and try to make it work there. USCIS will not refund you.
  13. As stated above, nobody can sponsor somebody else's tourist visa. That's just not the way it works...the individual must qualify on their own. A USC can petition their parents for a green card to live in the US as a permanent resident. That's not what is being asked here, but may have been the confusion. Edit: If they have no income and a sudden deposit goes into their account, it will look very fishy. COs see this type of stuff all the time.
  14. Ok...then fill out a new one and give it to them for the interview.