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geowrian last won the day on October 9 2017

geowrian had the most liked content!

About geowrian

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    Good, cheap, fast. Pick none.
  • Member # 251538

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Immigration Info

  • Immigration Status
    Adjustment of Status (pending)
  • Place benefits filed at
    Chicago Lockbox
  • Local Office
    Philadelphia PA
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Immigration Timeline

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  1. It helps others determine possible causes for a delay, such as if you had an RFE or RFIE (and when). Or to help see what office you are going through in case there's some kind of anomaly with that office (although not likely in this particular case). It also helps determine if you are outside the timelines for most people. Just because a few people were approved already does not mean that is a typical occurrence to be approved that quickly. The EAD and AP are adjudicated at the NBC, not a local field office. It's even possible for the local field office to approve AOS before NBC adjudicates either form. While those forms are dependent on the I-485, they are adjudicated separately. Some common reasons: They were lucky/you got unlucky. It happens...some IOs work faster than others, or have different priorities. Or they just grabbed a pile of cases way up in the queue (I recall a number of recent I-129F filers on 1 particular date getting approval notices months before anybody else). You received an RFE or RFIE which must be responded to and reviewed before they can proceed. The case is pending security checks. Some documents need to be verified and they are waiting for the results. Some less likely reasons: An RFE or RFIE was issued but the case status was not updated, so they are waiting for a response. The case was transferred or even lost. Their cases were expedited.
  2. Exemptions: https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/exceptions-accommodations https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartE-Chapter2.html#S-B tldr: He has no idea what he's talking about. It's possible they are committing fraud by working with sham doctors, I guess. But I won't even go down that rabbit hole...there's so many things that could back to haunt them for participating in both medical and immigration fraud. There is no "nanny" visa. There is a domestic worker option for a B-1, but there are strict requirements regarding who is eligible to receive one or who can petition for one. There's also the J-1 and H-2B options, but this isn't going to work for a parent either. If they want to work in the US, they will need to do so on their own like anybody else (or wait until a child is a 21+ year old USC to petition for an immigrant visa). Why would the US want people to bring over parents as nannies instead of hiring the ones in the US first? That doesn't make any sense. https://www.nolo.com/legal-encyclopedia/can-i-help-my-nanny-get-green-card.html
  3. A divorce will not cause you to lose LPR status, nor is it a reason not to be able to complete ROC. You can divorce then file for ROC with a divorce waiver just fine. You just need to show that the marriage was entered into in good faith, and the final divorce decree before it is finalized. He cannot deport you or cause you to lose status.
  4. Neither aspect is grounds for a denial/refusal of a new petition/visa application.
  5. A job offer will not meet the requirements for the I-864 no matter how you slice it. They have to look at current income, not expected future income for the minimum requirement aspect. However, a spouse beneficiary's existing income may be included in the household income on the petitioner's I-864 in some circumstances. See the quoted lines above for requirements (although no I-864A is needed for a spouse of the petitioner, per the I-864 instructions). I'm also not sure if they will count the transfer as "continuing from the same source". The most common use of this provision is for AOS applicants who were already legally working within the US.
  6. Posting your personal experiences are fine, and often encouraged since it's how we learn about various processes and such going on. That said, the experience needs to be applicable to the situation or else it can result in incorrect (and sometimes dangerous) information. Furthermore, I would suggest qualifying an experience as such - i.e. don't say "I'm almost 100% certain..." and "You can/cannot... That is no longer a personal experience but advice for somebody else's situation. Please don't take the above the wrong way. I 100% encourage sharing of experiences and trying to help.
  7. None of this is 100% correct. You can stay for as long as the officer permits at POE. Typically that’s 6 months max (1 year technically possible but extremely rare). You can stay as many days as you want over a year so long as you can show to CBP that you will return home without violating status, although there are likely tax and public benefit (back home) issues that will arise. A bar comes into play upon 180 days or more of unlawful presence. Any overstay voids the existing visa and make getting a new tourist visa difficult (but won’t impact a K-1 or immigrant visa).
  8. Just to add to the above, you cannot relocate or live in the US on a tourist visa. It’s for visiting. You can remain up to the time the CBP officer determines at POE.
  9. Smoking in the interview or medical would be an issue. I’m pretty sure it’s no smoking at both places.
  10. What year did you marry? You were required to have filed as married every tax year from then onwards since you are still married. If you did not, you should amend your tax returns. Single status is only for those who are not married. The valid filing statuses for somebody are MFJ, MFS, or sometimes HOH (if there are dependents). You can obtain an ITIN if an SSN is not available. Or you can write “NRA” for your foreign spouse’s SSN (must be paper filed in this case).
  11. You're allowed to travel during the process. You just need to have legal residence in the country in order to interview there, still.
  12. Generally, yes. There aren't enough cases in that category here to get a stronger estimate, but the process is essentially the same as a spouse or parent of a USC (also IRs), which are basically the same in processing times.
  13. You're welcome! The local embassies and consulates know and take into account the local culture. At the same time, they go by the facts in front of them. Somebody who doesn't have the means to pay for their own trip is at a higher risk to work (not so much in this case given their ages) or use public funds / become a public charge. Again, it's a risk, not a given. The CO has to look at the totality of the circumstances to determine immigrant intent, public charge risk, other risk of violating status, etc. It may be hard, but don't take the decision personally if it turns out unfavorable.
  14. With a good co sponsor, I think you would be fine. If there's something more familiar with India willing to speak up and disagree, I wouldn't be opposed to it...but I don't recall co sponsorship being an issue there.
  15. The process is fundamentally the same, except with showing evidence of the father-child relationship instead of bona fide marriage evidence (typically via a birth certificate, although sometimes via a DNA test if there's a potential question of paternity...they would ask for this is necessary). I believe an interview waiver is available - at the IO's discretion - for a minor child. It's been too long since I looked up the exact rules for interview waivers.