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sarah87

Moved to the states & can't legally work!

By sarah87 in Adjustment of Status from Work, Student, & Tourist Visas

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pushbrk Grand Master

pushbrk   12,174

Posted
Filed: Other Country: China
 Timeline
Posted

True...I guess you do have a point there...

So the USCIS won't consider her recent TN denial a red flag??...

"Forewarned, forearmed; to be prepared is half the victory."

Miguel de Cervantes

It doesn't matter if they see it as a red flag or not. She would be adjusting status after a legal entry WITH inspection and marriage to a US Citizen. End of story.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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pushbrk
pushbrk

As a Canadian you are allowed to "visit" the USA, not just "move here". Now that you are visiting, if you decide to marry, you can simply file to adjust your status to Conditional Permanent Resident.

pushbrk
pushbrk

I don't know what your circumstances were before but if an I-130 has already been filed, you are not NOW in any similar circumstance. My answer is based on the OP's current situation, not yours now o

pushbrk
pushbrk

And that's about what it's worth. Intent upon entry is not a valid issue of concern in the AOS case of a the spouse of a US Citizen. Intending to adjust here or even as it appears she simply intende

NinaD Explorer

NinaD   6

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

Gosh, I wish this were true! But it's not. If you come in on a fiance(e) visa, you are not allowed to work until you marry the USC who petitioned for you and then apply for and receive the EAD (which you apply for at the same time as the green card, but which is processed more quickly). A good 3-4 months after you get married, I'm told.

They must have changed this at some point. A friend of mine brought her Fiance to the States on a Fiance visa and he got a work permit right away...before they were married, but, that was some years ago...so maybe it changed.

Timeline
USCIS
04/03/2012: I-130 Sent from Ohio
04/05/2012: Rejection Letter b/c we left a line blank! (DUH)
04/09/2012: Re-mailed I-130 from Ohio
04/17/2012: NOA1
~SEVEN MONTH WAIT~
11/28/2012: NOA2

NVC
12/14/2012: NVC received
12/17/2012: Case number/IIN
12/17/2012: AOS Bill PAID
12/29/2012: AOS Package sent
12/20/2012: IV Bill PAID
01/03/2013: IV Package sent
02/05/2013: Case complete at NVC
02/07/2013: Interview scheduled

MONTREAL CONSULATE
02/06/2013: Embassy received
03/01/2013: Medical
03/11/2013: Interview/APPROVED
03/14/2013: Visa packet picked up at Loomis/DHL office in Dorval, PQ
03/15/2013: Paid $165.00 Green Card Fee
03/27/2013: POE: Montreal P.E. Trudeau Airport
04/03/2013: Notice of Action that "Fee is in Suspense"
04/09/2013: Notice of Action that "Fee is accepted and paperwork is in process"
04/10/2013: Notice of Action that a "New card has been ordered"
04/16/2013: Green Card arrived in the mail. Yes, it IS green! smile.png

06/28/2013: Took Driver's License Written Test

07/06/2013: Passed Driver's License Road and Maneuverability test. Received Driver's License

07/06/2013: Hired at Kohl's Department Store

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pushbrk Grand Master

pushbrk   12,174

Posted
Filed: Other Country: China
 Timeline
Posted

They must have changed this at some point. A friend of mine brought her Fiance to the States on a Fiance visa and he got a work permit right away...before they were married, but, that was some years ago...so maybe it changed.

Yes, things change. This changed several years ago.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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NinaD Explorer

NinaD   6

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

I guess just ignore everything I said...everyone says it is WRONG anyway! I dunno...I am going on what I was told and what I have heard from other Canadians. I wasn't saying it would take 10-13 months to ADJUST, I was saying if you did the I-130 while waiting in Canada it COULD take that long.

I was not talking about AOS with these time-lines at all because I was saying that your safest bet (to avoid sticky questions about your ORIGINAL intent) was to apply for a FIANCEE visa. Period.

The worst thing about forums is that you end up with so much advice, that it is hard to stay on track with what is right/wrong or best/worst. You just have to decide what you are comfortable with and stick to it.

Good luck.

Timeline
USCIS
04/03/2012: I-130 Sent from Ohio
04/05/2012: Rejection Letter b/c we left a line blank! (DUH)
04/09/2012: Re-mailed I-130 from Ohio
04/17/2012: NOA1
~SEVEN MONTH WAIT~
11/28/2012: NOA2

NVC
12/14/2012: NVC received
12/17/2012: Case number/IIN
12/17/2012: AOS Bill PAID
12/29/2012: AOS Package sent
12/20/2012: IV Bill PAID
01/03/2013: IV Package sent
02/05/2013: Case complete at NVC
02/07/2013: Interview scheduled

MONTREAL CONSULATE
02/06/2013: Embassy received
03/01/2013: Medical
03/11/2013: Interview/APPROVED
03/14/2013: Visa packet picked up at Loomis/DHL office in Dorval, PQ
03/15/2013: Paid $165.00 Green Card Fee
03/27/2013: POE: Montreal P.E. Trudeau Airport
04/03/2013: Notice of Action that "Fee is in Suspense"
04/09/2013: Notice of Action that "Fee is accepted and paperwork is in process"
04/10/2013: Notice of Action that a "New card has been ordered"
04/16/2013: Green Card arrived in the mail. Yes, it IS green! smile.png

06/28/2013: Took Driver's License Written Test

07/06/2013: Passed Driver's License Road and Maneuverability test. Received Driver's License

07/06/2013: Hired at Kohl's Department Store

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pushbrk Grand Master

pushbrk   12,174

Posted
Filed: Other Country: China
 Timeline
Posted

I guess just ignore everything I said...everyone says it is WRONG anyway! I dunno...I am going on what I was told and what I have heard from other Canadians. I wasn't saying it would take 10-13 months to ADJUST, I was saying if you did the I-130 while waiting in Canada it COULD take that long.

I was not talking about AOS with these time-lines at all because I was saying that your safest bet (to avoid sticky questions about your ORIGINAL intent) was to apply for a FIANCEE visa. Period.

The worst thing about forums is that you end up with so much advice, that it is hard to stay on track with what is right/wrong or best/worst. You just have to decide what you are comfortable with and stick to it.

Good luck.

You were wrong. Next time, it would be wise to read before you post. Some of us keep up to date.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Que Saudade Proficient

Que Saudade   284

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

The worst thing about forums is that you end up with so much advice, that it is hard to stay on track with what is right/wrong or best/worst. You just have to decide what you are comfortable with and stick to it.

This is why there are numerous guides with up-to-date information for people to read, links to USCIS, and threads with people who describe what they have recently gone through.

The great thing about these forums here is the #1 advice is to read the instructions and rules. It is not very hard to keep track of what is right or wrong when you read the instructions. Your advice to "decide what you are comfortable with and stick to it" is poor advice within itself. It is not about what is comfortable, but what is correct according to USCIS-Immigration and Nationality Act.

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

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NinaD Explorer

NinaD   6

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

I meant that she should do a legal route.

I didn't mean that she should choose an illegal method that she was comfortable with and stick to it.

I fully expect that she will research her options and choose the route that she is comfortable with. For example, I thought about doing the I-130 + AOS joint filing but I wasn't comfortable with it. Yes it says that you can do AOS as a visitor (in certain cases) but I was also advised that it MIGHT be hard to show that I didn't have intent and they MIGHT deny me. I wasn't comfortable with that, so I chose a clear cut legal route and I am sticking to it.

Anyway...this is getting off topic... she simply wanted to know what to do and I tried to help... I was wrong on some points... but I still stick to by what I said:

Regardless of how you apply it isn't a FAST process, it will be SOME months before you are allowed to work legally.

And anyway, she can't be overly concerned as she hasn't asked anymore questions here anyway.

Good lord chill out everyone, I said I was shown to be wrong, so back off. In all honesty USCIS has been more helpful to me than any forum.

Timeline
USCIS
04/03/2012: I-130 Sent from Ohio
04/05/2012: Rejection Letter b/c we left a line blank! (DUH)
04/09/2012: Re-mailed I-130 from Ohio
04/17/2012: NOA1
~SEVEN MONTH WAIT~
11/28/2012: NOA2

NVC
12/14/2012: NVC received
12/17/2012: Case number/IIN
12/17/2012: AOS Bill PAID
12/29/2012: AOS Package sent
12/20/2012: IV Bill PAID
01/03/2013: IV Package sent
02/05/2013: Case complete at NVC
02/07/2013: Interview scheduled

MONTREAL CONSULATE
02/06/2013: Embassy received
03/01/2013: Medical
03/11/2013: Interview/APPROVED
03/14/2013: Visa packet picked up at Loomis/DHL office in Dorval, PQ
03/15/2013: Paid $165.00 Green Card Fee
03/27/2013: POE: Montreal P.E. Trudeau Airport
04/03/2013: Notice of Action that "Fee is in Suspense"
04/09/2013: Notice of Action that "Fee is accepted and paperwork is in process"
04/10/2013: Notice of Action that a "New card has been ordered"
04/16/2013: Green Card arrived in the mail. Yes, it IS green! smile.png

06/28/2013: Took Driver's License Written Test

07/06/2013: Passed Driver's License Road and Maneuverability test. Received Driver's License

07/06/2013: Hired at Kohl's Department Store

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted
http://www.visajourney.com/forums/topic/383650-moved-to-the-states-cant-legally-work/page__view__findpost__p__5617709

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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