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BrightandLight

Please give me advice :)

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Filed: K-1 Visa Country: Vietnam
Timeline

I know that I can not change the past.Of course.

But I will have time to fine the job, show them even more that I can easily support myself.

And my husband can have same work history.You know...

I have a lawyer , but right now I realize that she is terrible...(or not strong enough for my case) . She knows all the story, and she say that everything will be OK... your marriage is real.She did some mistakes on the forms and a lot .... and I got frustrate.

I am looking right know for new lawyer. :unsure: :unsure:

You're not an immigrant yet. You don't become an immigrant until your green card is issued. Non-immigrants need permission from the US government to work here. An exception is if you're working for a foreign employer, and your pay continues coming from the same source. An EAD is temporary permission from the US government for a non-immigrant to work. Your EAD was issued because you have an AOS application pending. When that AOS application is approved, denied, or withdrawn then your EAD will become invalid.

A Social Security number is used for tax identification purposes. Having a Social Security number does not mean you have permission to work. Employers are supposed to verify that you are authorized to work in the US, but some don't. If you manage to get hired with an invalid EAD then both you and the employer would be breaking the law.

There have been countless VJ members who have come here with serious immigration problems, and were previously told by their attorneys "Don't worry. Your marriage is real." One recent case involved a VJ member who had been subjected to a Stokes interview that caught them and their lawyer by surprise, and were facing a denial because they missed a single question. Another involved a couple who were denied and were trying to figure out how to file a motion to reopen their case. In both of those cases their attorneys had told them everything would be fine because "their marriage was real". I don't think either of those cases had as many red flags as your case does.

A situation becomes a red flag with USCIS if it's a common situation with someone who is attempting to commit immigration fraud. The only red flag I can think of that can be cured with time is a suspicion of preconceived intent. Entering the US with the intention of immigrating is not legal. There are several factors that could lead an IO to conclude that an AOS applicant had preconceived intent. One of those factors is if the applicant married and filed to adjust status shortly after arriving in the US. If they suspect preconceived intent in your case it won't be because of when you married or applied for AOS. It will be because you said you came to the US as a student with a B2 visa, and overstayed that visa while continuing to work for your foreign employer. Time would not cure that suspicion, and I honestly don't think preconceived intent is a red flag you should be most worried about. The other red flags in your case are not addressable in this way. They simply exist, and time won't make them go away.

The only way you can address your red flags is to have a rational explanation for each of them. In their eyes, it would be very unusual for a young Lithuanian girl to be attracted to a middle-aged unemployed Vietnamese immigrant with emotional issues, and possibly even mental health issues. They'd be much more likely to suspect that you were desperate for a path to legal immigration because your authorized stay had expired, and your new husband met the minimum requirements - he was a US citizen, and he said "yes". Your job is to convince them that your explanation is the truth, in spite of how unlikely they believe it to be.

At this point in time, you don't need an attorney who is willing to coddle you and tell you everything is going to be fine. You need a lawyer with a sense of impending doom who is willing to help you prepare for the worst possible scenario, which is a Stokes interview.

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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