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K8t

So many problems

By K8t in Adjustment of Status from Work, Student, & Tourist Visas

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K8t Rookie

K8t   0

Posted
Filed: Timeline
Posted

We have a lot of questions and cannot figure this out. 

My husband and I married recently. He is currently in the US on an F1 visa. 

My husband has a criminal record in his home country. It was a false political charge. There is ample documentation of his case being a false charge from the US Department of State, Amnesty International and other human rights groups, as well as numerous articles written about his case in international media.  We have gathered all of this. 

Because of the criminal record, we opted to use a lawyer. Yet our lawyer isn't great. But we've paid a lot and he was the 4th attorney we tried. Few are willing to take us on. 

 

At this point we have all of our paperwork ready to file our I130, G325a, and adjustment of status materials. 

 

But our attorney *all of a sudden* says that we need more paperwork. This is counter to what I've read here. My husband has given a family member power of attorney in his home country and that family member is trying to get the police, court, and military records. This may take a few weeks though. But I don't understand at what stage we will need to submit those. Any help here? The lawyer says we need them now, yet the initial paperwork hasn't be submitted. 

 

We are stressing out for two reasons... One, husband needs the work authorization soon to apply for many jobs that require that. And two, we were hoping to travel abroad in July, but with all of these delays we are worried that he won't have his work authorization or advanced parole yet. 

 

Can someone please give me some feedback here? I feel like we are getting contradictory information. 

KierenHby Experienced

KierenHby   899

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

How would the family member get police clearance in a country you husband is blacklisted in? 

 

You file i130, i485, g325a, i864, i765, and i131 all together. Check out the guide here http://www.visajourney.com/content/i130guide2

 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

K8t Rookie

K8t   0

Posted
Filed: Timeline
  • Author
Posted

What does blacklisted mean? If my husband was at home, he'd go to the various ministries and get his records. Since he isn't, he got power of attorney for his relative. As I understand it, every applicant needs to collect police records.

KierenHby Experienced

KierenHby   899

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

Is husband able to travel to home country without risk of arrest?

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

K8t Rookie

K8t   0

Posted
Filed: Timeline
  • Author
Posted

Yes, my husband could go to his home country. He visited for a few weeks last year. It is easier and cheaper right now to have his relative get the documents though. 

Hypnos Grand Master

Hypnos   6,576

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

You need documentation of his criminal history to be submitted with his I-485; this is why your lawyer is telling you to get it now.

 

Depending on the nature of his conviction it may or may not affect the process by making him inadmissibile. If he is found to be inadmissible due to a CIMT then he can apply for a waiver.

 

Without further details it's not possible to give you an indication of your likelihood of success.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

KierenHby Experienced

KierenHby   899

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

Follow the guide quoted above. Come back with specific queries. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

K8t Rookie

K8t   0

Posted
Filed: Timeline
  • Author
Posted
15 minutes ago, KierenHby said:

Follow the guide quoted above. Come back with specific queries. 

There is nothing in the guide regarding a crime like this. 

The paperwork is all ready. We paid someone to do this. I'm asking for thoughts about this particular situation. 

K8t Rookie

K8t   0

Posted
Filed: Timeline
  • Author
Posted
52 minutes ago, K8t said:

We have a lot of questions and cannot figure this out. 

My husband and I married recently. He is currently in the US on an F1 visa. 

My husband has a criminal record in his home country. It was a false political charge. There is ample documentation of his case being a false charge from the US Department of State, Amnesty International and other human rights groups, as well as numerous articles written about his case in international media.  We have gathered all of this. 

Because of the criminal record, we opted to use a lawyer. Yet our lawyer isn't great. But we've paid a lot and he was the 4th attorney we tried. Few are willing to take us on. 

 

At this point we have all of our paperwork ready to file our I130, G325a, and adjustment of status materials. 

 

But our attorney *all of a sudden* says that we need more paperwork. This is counter to what I've read here. My husband has given a family member power of attorney in his home country and that family member is trying to get the police, court, and military records. This may take a few weeks though. But I don't understand at what stage we will need to submit those. Any help here? The lawyer says we need them now, yet the initial paperwork hasn't be submitted. 

 

We are stressing out for two reasons... One, husband needs the work authorization soon to apply for many jobs that require that. And two, we were hoping to travel abroad in July, but with all of these delays we are worried that he won't have his work authorization or advanced parole yet. 

 

Can someone please give me some feedback here? I feel like we are getting contradictory information. 

To add, it seems that the lawyer thinks that being proactive with a description of the crime tacked onto the 485 will be useful. 

KierenHby Experienced

KierenHby   899

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

Agree with the lawyer on this one.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Boiler Grand Master

Boiler   45,690

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

Did he need a waiver for his F1?

 

Now there are differences between Immigrant and Non Immigrant as far as Criminal offences are concerned but having a F1 suggests that there may not be much in the way of an issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,690

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
1 minute ago, K8t said:

He didn't need a waiver for his f1 or multiple tourist visas since arrest. 

Then he most likely will not need one for an immigrant petition.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Ryan H Grand Master

Ryan H   3,813

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

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

DrEllaNJ Community Regular

DrEllaNJ   288

Posted
Filed: Citizen (apr) Country: Netherlands
 Timeline
Posted
14 hours ago, K8t said:

Yes, my husband could go to his home country. He visited for a few weeks last year. It is easier and cheaper right now to have his relative get the documents though. 

you shouldn't let him leave though, as he probably won't be able to get back into the US since married to a USC and no immigrant visa yet. Hopefully his relative with POA will be able to get the documents.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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