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utopia2004

Visiting my husband in the US- will i have to prove non immigrant intent at the interview?

By utopia2004 in IR-1 / CR-1 Spouse Visa Process & Procedures

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JaNiMi Rookie

JaNiMi   0

Posted
Filed: IR-1/CR-1 Visa Country: Germany
 Timeline
Posted

honestly, i don't understand it either ... but since my case is difficult enough - i'm kinda freaking out now :(

fact is...you will always hear things that will freak you out! dont let that stuff get too close, i bet your case will be just fine, maybe it needs a little longer than usual, since you said its so difficult, but i bet i will get through!

Wedding ♥ 2010-12-14

I-130 Sent 2011-03-18

I-130 NOA1 2011-03-22

I-130 Approved 2011-06-24

I-130 NOA 2 2011-07-05

Our I-130 was approved in 94 days from your NOA1 date.

NVC received case and assigns case Number 2011-07-29

DS-3032 sent 2011-08-01

NVC replies to DS-3032 2011-08-04

JoannaV Proficient

JoannaV   174

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Maybe the lawyer is lying, or just confusing several cases (ie not remembering properly). Or maybe he's telling the full truth, in which case I would be pretty sure that such a thing only ever happened when a consular official had great reason to suspect someone of doing all kinds of things with illegal immigrant intent. For example, if they had record of you trying to apply for some kind of benefit whilst in the US on VWP and you said you didn't realise tourists couldn't apply for such things and then they ask if you could prove that you weren't intending to immigrate on that past trip...

Yeah, I would NOT waste one more moment thinking about anything this lawyer says.

I just looked at your past post dings, and however unusual/difficult your case may be I do not see it causing additional difficulties in this area. I'm sure you have enough on your mind, and you really do NOT need to worry about this. IF you get treated differently due to your situation it will be stuff like extra questioning about how you developed your relationship, in which case having visited him before will obviously be useful.

dings Rookie

dings   1

Posted
Filed: IR-1/CR-1 Visa Country: Switzerland
 Timeline
Posted

fact is...you will always hear things that will freak you out! dont let that stuff get too close, i bet your case will be just fine, maybe it needs a little longer than usual, since you said its so difficult, but i bet i will get through!

thank you so much for these words !

Maybe the lawyer is lying, or just confusing several cases (ie not remembering properly). Or maybe he's telling the full truth, in which case I would be pretty sure that such a thing only ever happened when a consular official had great reason to suspect someone of doing all kinds of things with illegal immigrant intent. For example, if they had record of you trying to apply for some kind of benefit whilst in the US on VWP and you said you didn't realise tourists couldn't apply for such things and then they ask if you could prove that you weren't intending to immigrate on that past trip...

Yeah, I would NOT waste one more moment thinking about anything this lawyer says.

I just looked at your past post dings, and however unusual/difficult your case may be I do not see it causing additional difficulties in this area. I'm sure you have enough on your mind, and you really do NOT need to worry about this. IF you get treated differently due to your situation it will be stuff like extra questioning about how you developed your relationship, in which case having visited him before will obviously be useful.

and thank you very much for these words, too !! i appreciate a lot & it really helps taking my worries away !

but to still make sure - when a CBP wants to pass me through - is it ok to then insist on telling them that there is a pending immigrant visa application and i know that i need to return to obtain in the consular processing. so that when it's recorded - no one ever can presume i made any misrepresentation !

i know it sounds ridiculous ... but this way at least i really wouldnt have to worry you know ....

so i basically will tell the CBP right away "please record what i am now going to tell you!"

2011/02/23 Marriage

2011/06/30 USCIS received I-130

2011/07/01 NOA1

2012/03/09 NOA2

2012/03/19 NVC received package

2012/03/29 NVC case #

2012/04/02 DS-230/AOS fee bills

2012/08/29 Medical

2012/09/13 Interview

Approved!!!

M in CA Collaborator

M in CA   9

Posted
Filed: IR-1/CR-1 Visa Country: Sweden
 Timeline
Posted

For his visit this past spring, I think my hubby just had to show he had a round-trip ticket. no issues.

IR-1/CR-1 Spouse CA Svc Ctr 2011 (82 days) Apr07: NOA1. Jun27: NOA2 text.
Delivery from USCIS to NVC (24 days) Jul21: CSC mailed it to NVC

NVC (43 days)
Jul25: "in the NVC bldg"---->Jul26: NVC Case#,IIN# (1 day in-house, 29 days since NOA2)

AOS i-864.....Jul28: bill rcv'd (2 days)& paid ---->Aug01: "paid"/mailed (4 days). Aug3: AOS in the bldg
Aug 11: phone rep "AOS RFE: 23/24a: no blanks" (pdf won't print n/a"). Fedex'd new copy (arrived Aug 12)
Aug 22: AOS approved

IV ds-230:
Jul26: send DS-3032 ----> Jul29: DS-3032 accepted (3 days)
Aug01: bill rcv'd (2 days)& paid ---->Aug02: "paid"/mailed (1 day)
Aug04:ds-230 delivered ---> Aug 12: "under review"
Aug 15: phone rep "RFE:ds-230 #30." (16th bdate left as "----") Fedex'd new copy (arrived Aug 16)
Aug 30: phone rep: "no military record." me: "it's there!" rep: "15 biz days starting today"
Sep 06: phone rep: "needs review. 15 MORE biz days" me: "no way" Supervisor asks Mgr "open file & verify it's complete since 8/16." 6 hours later: CASE CLOSED!

Consulate
Sep 13: INTERVIEW scheduled, email letter arrived
Sep 15: MEDICAL in Stockholm
Sep 23: Packet Left NVC -> Embassy
Oct 31: INTERVIEW 4-minutes and DONE. APPROVED. Visa is "in the mail"

Nov 27: arrival in USA

DIVORCE: final May 2015 - never whould have married without dating in-person for at least a year.

M in CA Collaborator

M in CA   9

Posted
Filed: IR-1/CR-1 Visa Country: Sweden
 Timeline
Posted

btw: don't they just ask "nature of visit" and you say "personal vacation." When they say "who are you visiting?" you say "family and friends." When asked "length of stay" you tell them the date of your return ticket. There are clear, truthful answers that satisfy the border patrol. If you start talking about immigration... it just seems like that is not relevant when you are passing in for a brief visit.

or?

IR-1/CR-1 Spouse CA Svc Ctr 2011 (82 days) Apr07: NOA1. Jun27: NOA2 text.
Delivery from USCIS to NVC (24 days) Jul21: CSC mailed it to NVC

NVC (43 days)
Jul25: "in the NVC bldg"---->Jul26: NVC Case#,IIN# (1 day in-house, 29 days since NOA2)

AOS i-864.....Jul28: bill rcv'd (2 days)& paid ---->Aug01: "paid"/mailed (4 days). Aug3: AOS in the bldg
Aug 11: phone rep "AOS RFE: 23/24a: no blanks" (pdf won't print n/a"). Fedex'd new copy (arrived Aug 12)
Aug 22: AOS approved

IV ds-230:
Jul26: send DS-3032 ----> Jul29: DS-3032 accepted (3 days)
Aug01: bill rcv'd (2 days)& paid ---->Aug02: "paid"/mailed (1 day)
Aug04:ds-230 delivered ---> Aug 12: "under review"
Aug 15: phone rep "RFE:ds-230 #30." (16th bdate left as "----") Fedex'd new copy (arrived Aug 16)
Aug 30: phone rep: "no military record." me: "it's there!" rep: "15 biz days starting today"
Sep 06: phone rep: "needs review. 15 MORE biz days" me: "no way" Supervisor asks Mgr "open file & verify it's complete since 8/16." 6 hours later: CASE CLOSED!

Consulate
Sep 13: INTERVIEW scheduled, email letter arrived
Sep 15: MEDICAL in Stockholm
Sep 23: Packet Left NVC -> Embassy
Oct 31: INTERVIEW 4-minutes and DONE. APPROVED. Visa is "in the mail"

Nov 27: arrival in USA

DIVORCE: final May 2015 - never whould have married without dating in-person for at least a year.

Done--Really Proficient

Done--Really   331

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

The lawyer is eitehr a fool or a scare monger. There are just no issues surrounding your vist so long as you don't overstaty, and even then, they would be minor if you didn't overstay 180 days.

Relax and wait out the process--everything is fine.

 
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