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inksmear

Bankruptcy Issue

By inksmear in Adjustment of Status from Work, Student, & Tourist Visas

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inksmear Rookie

inksmear   0

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Filed: Timeline
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I came over to the U.S. to visit my boyfriend and on a crazy spur of events, ended up married. I now want to file for permanent residence here in the U.S.

The thing is, my husband (!!!) filed for bankruptcy recently. Is this going to affect the process? If so, how? Also, how do we go about filing now? I know that normally a K1 visa happens first, but I'm already in the U.S. and wish to stay with him. Help!

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Deputy Purple Experienced

Deputy Purple   1,294

Posted
Filed: Country:
Timeline
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I came over to the U.S. to visit my boyfriend and on a crazy spur of events, ended up married. I now want to file for permanent residence here in the U.S.

The thing is, my husband (!!!) filed for bankruptcy recently. Is this going to affect the process? If so, how? Also, how do we go about filing now? I know that normally a K1 visa happens first, but I'm already in the U.S. and wish to stay with him. Help!

No it won't affect your AOS in any way.

What you do need to be worried about is how you entered and when you file.

If you entered on VWP (Visa Waiver Program) then you must file before your I-94 expires as it seems USCIS is starting to deny AOS for VWP Overstayers!


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
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*** not a K-3 visa topic, moving to AOS forum ***

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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inksmear Rookie

inksmear   0

Posted
Filed: Timeline
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Thank you so much for the reply!

When I entered the U.S. I said that I would only be staying for about a month. I was not given any papers or told when I had to leave by. I haven't overstayed what I originally told them I would, but obviously if I were to apply for AOS I would. How do I go about this the right way?

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
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Are you from CAN-A-DA?

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Kevin&Jessica Apprentice

Kevin&Jessica   3

Posted
Filed: AOS (apr) Country: England
 Timeline
Posted

Thank you so much for the reply!

When I entered the U.S. I said that I would only be staying for about a month. I was not given any papers or told when I had to leave by. I haven't overstayed what I originally told them I would, but obviously if I were to apply for AOS I would. How do I go about this the right way?

reading this post am wondering if the 30-60 day rule may come into play?

Event Date

US Entry : 2004-04-24

Marriage : 2009-02-28

I-130 Sent : 2009-06-17

I-130 NOA1 : 2009-07-23

I-130 Approved : 2009-08-20

Adjustment of Status

CIS Office : Cleveland OH

Date Filed : 2009-06-17

NOA Date : 2009-06-19

Bio. Appt. : 2009-07-15

Interview Date : 2009-08-24 Submit Review

Approval / Denial Date : 2010-05-26

Approved : Yes

Got I551 Stamp : No

Greencard Received:

Comments : had to attend a 2nd interview on the 26th may but it was then aprroved :)

Employment Authorization Document

CIS Office : Cleveland OH

Filing Method : Mail

Filing Instance : First

Date Filed : 2009-06-17

NOA Date : 2009-07-24

Approved Date : 2009-08-19

Date Card Received : 2009-08-21

Estimates/Stats : Your EAD was approved in 63 days.

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Kevin&Jessica Apprentice

Kevin&Jessica   3

Posted
Filed: AOS (apr) Country: England
 Timeline
Posted

What is the 30-60 day rule?

if u enter into the usa and get married b4 30 or 60days it can be considered by immigration as u r doing it to only get your greencard and can be denied on that alone no matter how much proof u can provide

Event Date

US Entry : 2004-04-24

Marriage : 2009-02-28

I-130 Sent : 2009-06-17

I-130 NOA1 : 2009-07-23

I-130 Approved : 2009-08-20

Adjustment of Status

CIS Office : Cleveland OH

Date Filed : 2009-06-17

NOA Date : 2009-06-19

Bio. Appt. : 2009-07-15

Interview Date : 2009-08-24 Submit Review

Approval / Denial Date : 2010-05-26

Approved : Yes

Got I551 Stamp : No

Greencard Received:

Comments : had to attend a 2nd interview on the 26th may but it was then aprroved :)

Employment Authorization Document

CIS Office : Cleveland OH

Filing Method : Mail

Filing Instance : First

Date Filed : 2009-06-17

NOA Date : 2009-07-24

Approved Date : 2009-08-19

Date Card Received : 2009-08-21

Estimates/Stats : Your EAD was approved in 63 days.

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amykathleen2005 Proficient

amykathleen2005   441

Posted
Filed: Lift. Cond. (apr) Country: England
 Timeline
Posted

if u enter into the usa and get married b4 30 or 60days it can be considered by immigration as u r doing it to only get your greencard and can be denied on that alone no matter how much proof u can provide

That is a possibility. It is going to be difficult to prove that in less than 30 days from entering that you did not intend to get married and stay all along ( I am not saying you did or you didn't, this is just what I've heard). USCIS does not seem to feel that 30 days is sufficient time to make such a decision.

England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

The 30/60/90 day rule doesn't exist anymore. Thanks to some precedent BIA and court cases, USCIS won't deny AOS solely for preconceived intent, even if they have evidence of it. If, in addition to evidence of preconceived intent, they also have evidence that the immigrant misrepresented their intent to an immigration officer, then they WILL deny the AOS, and ban the intending immigrant for fraud. Unless CBP specifically asked her if she was going to get married in the US, and she denied it, she shouldn't have any problems adjusting status.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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