Jump to content
Sign in to follow this  
Cool Rob

AOS denied at this mornings interview

31 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Thailand
Timeline

Hello everyone, I'm hoping you great folks can give my wife and I (I'm a USC) some advise and clarify a couple things.

She arrived her in Nov 2006 from Thailand with the intention to work on a diving cruise (we had met online a few months before she arrived here). When you open her Thailand Passport, on the front of page 5 she has a B1/B2 Visa. And on the front of page 7 she has a C1/D Visa. Is this considered a crew visa even though she has the B1/B2?

She never went and worked on the diving ship/cruise and we got married in April 2007. Shortly thereafter, I hired an immigration attorney to do the I-130 and AOS and to bring her 11 year old son here. They told us we could file for AOS because of the B1/B2, is this correct?

Everything appeared to be going smoothly.. Got SSN, temp work card, temp drivers license, etc. Then this morning at 7:30AM we had our interview at the local DHS. Needless to say it didn't go very well. Our Attorney didn't show and I was unable to reach him (he has been practicing immigration law for over 20 years, so he seemed to be the best choice in town). My wife and I decided to go into the interview without him. The interviewer approved our I-130, but denied the AOS based on the crew visa. The interviewer made copies of my wife's passport and visa and took her I-94 (yes, it was an I-94 and we have copies of it).

When we were leaving from the interview, there our attorney was in the lobby. He didn't say much and said he would schedule an appointment later this week to discuss the matter and has failed to return my calls from this morning to get more info about the predicament my wife and I are now in.

From what I can tell after reading in this forum, it appears she has to leave within 180 days, if not she will be bared for 3 years. Once she's back in Thailand, she'll need to reapply for her visa based on the approved I-130 . Is this correct?

If she's prenant within the next 180 days would that possibly make any difference on her having to leave the country?

Thanks for any info you can provide!

Share this post


Link to post
Share on other sites

Because your wife came over w/ the intention to work on the cruise ship, it is this visa that was 'activated' when she entered the US. The I-94 stamp was for the C1/D visa, which does not allow for stateside AOS, period. Your immigration lawyer w/ 20 years experience should have told you that right off the bat. You were never eligible to file for AOS to begin with.

How long was your wife authorized to stay in the us (what was the expiration date stamped on the I-94? That is the date from which she must not overstay more than 180 days because then she will have a 3 year ban. If you have an approved I-130, your wife can go back to her home country, and apply for the K-3 visa, or you can allow the I-130 to progress through the NVC, complete the paperwork and your wife will have an immigrant visa interview, which results in Green-card upon re-entry to US.

Good luck,

-P

Edited by Paula&Minya

funny-dog-pictures-wtf.jpg

Share this post


Link to post
Share on other sites
Filed: Country: Jamaica
Timeline

I cannot answer any of your questions except to say pregnancy does not make a difference at all.


Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: China
Timeline

C1 / D visa is a crewman's visa, you cannot adjust status from that type of visa, you need to file for a CR-1 or IR-1 visa if the person has one of those visas.

Sounds like you had a lawyer who is not well versed in that visa type.

Adjustment of status based on marriage from a visa other than a K-Visa can be tricky.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Share this post


Link to post
Share on other sites
Filed: Timeline
Hello everyone, I'm hoping you great folks can give my wife and I (I'm a USC) some advise and clarify a couple things.

She arrived her in Nov 2006 from Thailand with the intention to work on a diving cruise (we had met online a few months before she arrived here). When you open her Thailand Passport, on the front of page 5 she has a B1/B2 Visa. And on the front of page 7 she has a C1/D Visa. Is this considered a crew visa even though she has the B1/B2?

She never went and worked on the diving ship/cruise and we got married in April 2007. Shortly thereafter, I hired an immigration attorney to do the I-130 and AOS and to bring her 11 year old son here. They told us we could file for AOS because of the B1/B2, is this correct?

Everything appeared to be going smoothly.. Got SSN, temp work card, temp drivers license, etc. Then this morning at 7:30AM we had our interview at the local DHS. Needless to say it didn't go very well. Our Attorney didn't show and I was unable to reach him (he has been practicing immigration law for over 20 years, so he seemed to be the best choice in town). My wife and I decided to go into the interview without him. The interviewer approved our I-130, but denied the AOS based on the crew visa. The interviewer made copies of my wife's passport and visa and took her I-94 (yes, it was an I-94 and we have copies of it).

When we were leaving from the interview, there our attorney was in the lobby. He didn't say much and said he would schedule an appointment later this week to discuss the matter and has failed to return my calls from this morning to get more info about the predicament my wife and I are now in.

From what I can tell after reading in this forum, it appears she has to leave within 180 days, if not she will be bared for 3 years. Once she's back in Thailand, she'll need to reapply for her visa based on the approved I-130 . Is this correct?

If she's prenant within the next 180 days would that possibly make any difference on her having to leave the country?

Thanks for any info you can provide!

The "C1 / D" Visa is for persons desiring to enter the United States to join a vessel or aircraft. If she applied for the Crew member visa and that was used to enter the US, the denial of AOS was appropriate.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

Share this post


Link to post
Share on other sites

Sorry to hear the outcome of your AOS interview :(

What a scumbag of an attorney! He took your money, and left you when you needed him most. He's only going to schedule another appointment to sit down and chat to rack in some more $$$ out of your pocket. I'd honestly look for a new attorney for a free consultation. If it is, as Paula&Minya stated, that your wife was ineligible for AOS due to the crew visa, then he should have known that with his 20yrs of experience.

Best of luck for a resolution. (F)


12140.gif

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

I would report the lawyer to the State Bar, as he gave obvious misinformation. The Crew Visa is not AOS eligible. I would report this guy right now.


Current Status
July, 2011 - US Citizen

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Thailand
Timeline
Because your wife came over w/ the intention to work on the cruise ship, it is this visa that was 'activated' when she entered the US. The I-94 stamp was for the C1/D visa, which does not allow for stateside AOS, period. Your immigration lawyer w/ 20 years experience should have told you that right off the bat. You were never eligible to file for AOS to begin with.

How long was your wife authorized to stay in the us (what was the expiration date stamped on the I-94? That is the date from which she must not overstay more than 180 days because then she will have a 3 year ban. If you have an approved I-130, your wife can go back to her home country, and apply for the K-3 visa, or you can allow the I-130 to progress through the NVC, complete the paperwork and your wife will have an immigrant visa interview, which results in Green-card upon re-entry to US.

Good luck,

-P

Thanks for quick response! There comes another issue, her I-94 didn't have an expiration date, just the entry date. I'll have to read up on K-3 visas and the NVC process.

TracyTN-

I'm speechless as to why the attorney didn't know better and has yet to answer any of my questions intelligently. He certainly charged us enough.

Jomo's girl-

Thanks for answering the pregnancy question.. That would only further complicate the situation.

YuAndDan and diadromous mermaid-

I knew an AOS couldn't be filed on a C1/D and my attorney was obviously wrong about the B1/B2.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Peru
Timeline

Wow.

C-1/D visas are not eligible to adjust status from within the country. Maybe your lawyer knew that. How he could possibly think your spouse was here on a B-2 when she entered to work on a cruise ship is beyond me.

I don't know how far reporting the lawyer to your state bar association will go, but I'd do it just in case.

When did her I-94 expire? The date she has 180 days to leave by is the date on the I-94 as far as I know. Once in Thailand you can file for a K-3 or a CR/IR-1, and depending on if she has an overstay or not you may need a waiver. Unless someone can figure out how way to fix this inside the country, which I don't think is possible but you never know.


this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

Share this post


Link to post
Share on other sites
Filed: Timeline
Because your wife came over w/ the intention to work on the cruise ship, it is this visa that was 'activated' when she entered the US. The I-94 stamp was for the C1/D visa, which does not allow for stateside AOS, period. Your immigration lawyer w/ 20 years experience should have told you that right off the bat. You were never eligible to file for AOS to begin with.

How long was your wife authorized to stay in the us (what was the expiration date stamped on the I-94? That is the date from which she must not overstay more than 180 days because then she will have a 3 year ban. If you have an approved I-130, your wife can go back to her home country, and apply for the K-3 visa, or you can allow the I-130 to progress through the NVC, complete the paperwork and your wife will have an immigrant visa interview, which results in Green-card upon re-entry to US.

Good luck,

-P

Thanks for quick response! There comes another issue, her I-94 didn't have an expiration date, just the entry date. I'll have to read up on K-3 visas and the NVC process.

TracyTN-

I'm speechless as to why the attorney didn't know better and has yet to answer any of my questions intelligently. He certainly charged us enough.

Jomo's girl-

Thanks for answering the pregnancy question.. That would only further complicate the situation.

YuAndDan and diadromous mermaid-

I knew an AOS couldn't be filed on a C1/D and my attorney was obviously wrong about the B1/B2.

From you 1st post you state she entered with the intent to work on the boat.... so if that is what she told the POE staff and the AOS interviewer then she was denied AOS rightly.... regardless of whether she had a B1/B2 visa in her passport... she would not have been admitted to the US on a tourist visa if she had said she was going to be working on a boat.... sad to say she is going to have to leave the US as soon as she can and you are going to have to file for a spousal visa for her based on your approved I-130...

Kez

Share this post


Link to post
Share on other sites
Filed: Timeline
Because your wife came over w/ the intention to work on the cruise ship, it is this visa that was 'activated' when she entered the US. The I-94 stamp was for the C1/D visa, which does not allow for stateside AOS, period. Your immigration lawyer w/ 20 years experience should have told you that right off the bat. You were never eligible to file for AOS to begin with.

How long was your wife authorized to stay in the us (what was the expiration date stamped on the I-94? That is the date from which she must not overstay more than 180 days because then she will have a 3 year ban. If you have an approved I-130, your wife can go back to her home country, and apply for the K-3 visa, or you can allow the I-130 to progress through the NVC, complete the paperwork and your wife will have an immigrant visa interview, which results in Green-card upon re-entry to US.

Good luck,

-P

Thanks for quick response! There comes another issue, her I-94 didn't have an expiration date, just the entry date. I'll have to read up on K-3 visas and the NVC process.

TracyTN-

I'm speechless as to why the attorney didn't know better and has yet to answer any of my questions intelligently. He certainly charged us enough.

Jomo's girl-

Thanks for answering the pregnancy question.. That would only further complicate the situation.

YuAndDan and diadromous mermaid-

I knew an AOS couldn't be filed on a C1/D and my attorney was obviously wrong about the B1/B2.

Surely the outcome depends upon what she said and did at the POE. Did she use the C1/D or not?


"diaddie mermaid"

You can 'catch' me on here and on FBI.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Egypt
Timeline
Sorry to hear the outcome of your AOS interview :(

What a scumbag of an attorney! He took your money, and left you when you needed him most. He's only going to schedule another appointment to sit down and chat to rack in some more $$$ out of your pocket. I'd honestly look for a new attorney for a free consultation. If it is, as Paula&Minya stated, that your wife was ineligible for AOS due to the crew visa, then he should have known that with his 20yrs of experience.

Best of luck for a resolution. (F)

sorry about your interview.. what a jerk to not return your calls and leave you hanging like that.. :angry: i wish you could get your money back and use another attorney.. i'm praying for you.. oneder :angry:


Passage Revelation 19:11:

11And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.

"satan is real and he's playing for keeps
God is realer and we are His sheep
which side are you on, CHOOSE, start moving your feet
choose JESUS and have ETERNAL PEACE" by GOD to me on 9/26/10 about 2am
Thank you Jesus!!!!


Bebe and Cece Winans Heaven



Abdel Halim Hafez Qariat al Fingan


Share this post


Link to post
Share on other sites
She arrived her in Nov 2006 from Thailand with the intention to work on a diving cruise (we had met online a few months before she arrived here).

This indicates that she entered on the C1/D visa. It doesn't matter if she had another visa, her status is set by the visa she used for entry. B2 visa can't be used to work in the US.

Had she entered on a B2 visa and had no intent to marry and stay upon entry. She could have successfully filed for AOS.


keTiiDCjGVo

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Thailand
Timeline
Surely the outcome depends upon what she said and did at the POE. Did she use the C1/D or not?

She entered on the C1/D, but did not use the C1/D.

After arriving here the company that hired her informed her that she needed to pay for additional diving insurance and that she would have to pay extra for this and that. Then she was to work as a diving instructor on the cruise for 1 week. If she liked and they liked her work then she could continue working. If they didn't like her work, they could let her go. So she would lose the money spent on insurance, etc (she knew this before coming, but not about the additional insurance and other costs involved).

Now the kicker is, I went to speak with the attorney about all this before I hired him (showed him her visa and all). Explained all this to him to make sure she didn't need to show up for work and he said it would be possible to take care of everything while she was in the US if we got married and to come back and see him after we got married and he would handle it for X amount of $. So we got married and hired him to handle our case.

So now it seems she will definitely be going back to Thailand and I will have to determine which will be the quickest way to get her back here.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...