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Unwilful Fraud/Misrepresentation, Not Charged, AOS Filed

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Guys, as much as I appreciate all of your inputs, I hate to see you all fight.


Thank you for your advice, I understand your earlier point of view. However, going back and getting a K1 visa is not an option for me. I'm the one who has to support the family and I can't risk going back at this time. I've been living on credit cards and I need EAD to begin working and start paying off my debts, for however long I can before my AOS gets denied. If there's any way I can get AOS approved, I'd do it.

Edited by TBoneTX
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Filed: Citizen (apr) Country: Ecuador
Timeline

Administrative action has been taken against a thread participant for having ignored a moderator's warning and for having violated this provision of the VJ Terms of Service:

"Make comments in a Post either direct or implied toward another member that are purposely designed to upset, antagonize, make fun of, belittle, harass, insult, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users."

The offending post has been removed from the thread, and a quote of it has been removed from an otherwise-acceptable post.

TBoneTX

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: K-1 Visa Country: Pakistan
Timeline

In that case if you get EAD then you will have some legal presence document but you really need to get a green card because your case is complicated. Plus, I think you are not illegal because you have petitioned to the USCIS to adjust your status and the case is being looked into. Still, get a lawyer you tells you the truth and works hard on it.

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  • 2 weeks later...
Filed: AOS (apr) Country: Canada
Timeline

what kind of fraudulent documentation did they find? did your employer put down you were a US citizen? claiming to be a USC will be a lifetime ban... were you working when you werent supposed to or did you use someone else's SSN?

I do not think you shoudl go home at this point.. you are able to AOS.. you need a lawyer, a good one, to see what your best option with your case is. it looks like you should proceed and do the 601waiver from inside the country.

did you marry before your F1 got revoked?? if you married after, it could be trickier!

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