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arrowK-1s are stuck with original petitioner for good immigration-wise - is this true?
August 25, 2016, 10:42 pm Last comment by Anitafeliz

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Hi All,


I read something interesting on some lawyer's blog and would appreciate input, since there are always lots of conflicting/outdated information. 


I know K-1 can only adjust status through marriage to the petitioner within 90 days. But what happens if the green card is denied at Removal of condition stage. Is it true that K-1 Fiancees cannot obtain F-1, H-1b, or job related adjustment of status again? 



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arrowTN Visa with Approved I130
August 25, 2016, 1:40 am Last comment by paulatth

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My wife recently got her I130 approved, and she is working in US with TN visa. As we live near the border, we are wondering whether she could go to Canada (as she is Canadian) with no issue coming back to US with TN status.


Technically, TN visa holder should have no immigration intent, but an approved I130 is clearly in the procedure of immigration.


We understand it is more safe to go to Canada with an approved EAD/AP hopefully after a few months (she has to wait a few months before she can apply for AOS, and then hopefully waits another 3-4 months to get her EAD/AP). However, as she wants to go home so much, we are wondering whether there is a big risk to do so... How likely she could be denied of entrance on her way back (land entrance to be exact)?



And we see several contradicting opinions online:


"In this case, the applicant intended to enter the U.S. solely to pursue his employment opportunity. He could not immediately proceed with his green card application due to the immigrant visa backlog. If at some point in the future his immigrant case became current, he would depart the U.S. and complete his immigrant visa processing at the U.S. consulate in Montreal. This course of action would be consistent with and did not contradict the temporary entry requirements for TN status."

from: http://www.tnvisabulletin.com/nafta-tn-blog/2010/3/8/tn-visa-obtained-with-approved-i-130.html 


"As a result, if the alien applies for permanent residence (Form I-485) while he is in TN status, he will have difficulty in obtaining renewal of his TN status. However, a pending or approved I-140 employment based immigrant petition or I-130 family based immigrant petition does NOT impute immigrant intent, and therefore does not affect a TN alien’s ability to be admitted into the US as a TN alien or to extend TN status.Mexican nationals are required to have TN-2 visas before they may be admitted to the U.S. in this status, whereas Canadian nationals need only apply with the USCIS at the border and bypass the visa requirement."

from: http://www.hooyou.com/tn/faq.html

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arrowCollege student applying for fiancee to come to U.S.
August 24, 2016, 10:37 pm Last comment by lost_at_sea

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Hi everyone so I know the question regarding college student applying for fiancee has been asked a lot and I am aware of that. But I feel that my case is a little bit different, so please hear my story out. So my girlfriend and I(U.S. citizen and college student) have known each other for a long time and we decided to get together recently. We had a conversation about her coming into the U.S. and I'm happy about the decision. I know that as a college student with no to little income, I would need a joint sponsor for the affidavit of support. In all the other posts the petitioner usually has his or her parents be the co-sponsor for the affidavit of income. However, in my case,my parents would most likely not approve of this because I'm still in college and they think this whole process would be a distraction to me. So my question is, can the co-sponsor be someone from my fiancee's side of the family that is currently living in the U.S.(her aunt specifically)?  Also are there any documents that require my parents to sign in because they don't know about this and I don't intend for them to know yet. Thanks in advance for all the answers and insights I really appreciate any help.

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arrowK-1 Fiance
August 23, 2016, 4:36 pm Last comment by TBoneTX

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Completed the I-129F form and included all other support documents. Should be arriving to the Texas processing Center Thursday August 25, 2016. Trying to bring Fiancée and her son from Wuhan China. I welcome any comments or advise of others who have or are going through the same process who is in a relationship with a partner from China.

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arrowSeeking Advice Regarding Our Ongoing DCF Process
August 23, 2016, 4:30 am Last comment by Penguin_ie

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My spouse and I live in China. I have already filed an I-130 which has (as of June) been accepted by USCIS. After this, they passed this info on to NVC, who has recently (July) given us a NVC case number.


My spouse and I are concerned that the transition to the US will be a financial burden on us, if we leave too soon. Both my spouse and I work in China and neither of us have jobs in the states.


How long can we wait until the NVC closes our case? Could we request a delay or extension? And if our case closes, what will the consequences be?


Thank you for your help! :)


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