Overatay for 3 years and interview coming up.

[arken 4,197]

19 minutes ago, USS_Voyager said:

They don't allow it. It is still illegal, it is just forgiven by laws, in the sake of keeping spouses of US citizens united. I am quite sure the people at USCIS aren't so fond of that law either, but they're legally bound by the law to allow it. 

 

We can twist words in out own way but as long as it is allowed, it’s gonna happen.

 

Quote

Anyway, by his own admission, what happened here is: he came to the US on F-1, he ran out of money for his school, so he decided to become illegal and took a job (illegally) for 3 years, before he got married to a US citizen. My point is, when he ran out of money, he HAD a choice of returning home (which is what he was supposed to do) or staying and working illegally, and he chose the latter. It is wrong! 

Just an example of my case:

Came on a F1 visa, then OPT, H1B, then EB based GC and then citizenship. May be i shud have returned back after graduation or after OPT coz that’s what i said during the interview.

 

The OP came on a F1 visa and now is in the process of getting GC thru marriage and is not returning back permanently. 

 

So wat’s the difference between me and the OP? Nothing coz none of us are returning back regardless of how the process went within the US. People like OP and me share the equal responsibility in affecting other’s visa approval/denial. 

Edited April 3, 2019 by arken

[dannyphan91 30]

3 minutes ago, arken said:

 

We can twist words in out own way but as long as it is allowed, it’s gonna happen.

 

Just an example of my case:

Came on a F1 visa, then OPT, H1B, then EB based GC and then citizenship. May be i shud have returned back after graduation or after OPT coz that’s what i said during the interview.

 

The OP came on a F1 visa and now is in the process of getting GC thru marriage and is not returning back permanently. 

 

So wat’s the difference between me and the OP? Nothing coz none of us are returning back regardless of how the process went within the US. People like OP and me share the equal responsibility in affecting other’s visa approval/denial. 

Thank you.

[dannyphan91 30]

23 minutes ago, USS_Voyager said:

They don't allow it. It is still illegal, it is just forgiven by laws, in the sake of keeping spouses of US citizens united. I am quite sure the people at USCIS aren't so fond of that law either, but they're legally bound by the law to allow it. 

 

Anyway, by his own admission, what happened here is: he came to the US on F-1, he ran out of money for his school, so he decided to become illegal and took a job (illegally) for 3 years, before he got married to a US citizen. My point is, when he ran out of money, he HAD a choice of returning home (which is what he was supposed to do) or staying and working illegally, and he chose the latter. It is wrong! 

Like I said you’re not me so you will never understand my story. I think you should stop commenting since you’re not the law.

[USS_Voyager 1,971]

7 minutes ago, arken said:

Came on a F1 visa, then OPT, H1B, then EB based GC and then citizenship. May be i shud have returned back after graduation or after OPT coz that’s what i said during the interview.

 

So did I, I did the same thing you did. That is distinctly different because intent can change (and is allowed to change) over time. What you or I said in the interview years ago may be true then, but as circumstances changed, so can intent. I never said I have any problem if he did all of that. You (and I) were allowed to stay legally on OPT. He was NOT allowed to stay legally after he ran out of money and started living in the shadow. 

 

7 minutes ago, arken said:

So wat’s the difference between me and the OP? Nothing coz none of us are returning back regardless of how the process went within the US. People like OP and me share the equal responsibility in affecting other’s visa approval/denial. 

Big difference. Did you go out of status? Did you violate the terms of F-1 visa by working illegally or not attending school full-time? The difference is you (and I) did everything correctly, and he did not. I do not question his (or any immigrant's) determination to stay, but rather his methods. The end does not always justify the means. 

[dannyphan91 30]

2 minutes ago, USS_Voyager said:

 

So did I, I did the same thing you did. That is distinctly different because intent can change (and is allowed to change) over time. What you or I said in the interview years ago may be true then, but as circumstances changed, so can intent. I never said I have any problem if he did all of that. You (and I) were allowed to stay legally on OPT. He was NOT allowed to stay legally after he ran out of money and started living in the shadow. 

 

Big difference. Did you go out of status? Did you violate the terms of F-1 visa by working illegally or not attending school full-time? The difference is you (and I) did everything correctly, and he did not. I do not question his (or any immigrant's) determination to stay, but rather his methods. The end does not always justify the means. 

Let me ask you a question.

At the time of your interview for F1 visa in Vietnam. Why don’t you tell a officer that you will go to the US to study and then get a job to stay here??? Do you think he or she would give you a Visa ??? 

They usually require you to proof that you will return to your country after graduation. Come on.

[USS_Voyager 1,971]

9 minutes ago, dannyphan91 said:

Like I said you’re not me so you will never understand my story. I think you should stop commenting since you’re not the law.

 

Yes, I am not you, but I understand your story just fine. In fact my story is not much different. My family too, had a business. My Dad died (car accident) while on a business trip. My mom had to sell the business in order to have money to support myself and my brother. I was separated from my mom for 8 years. 8 long years, I didn't come back (no money), I didn't meet my mom or my brother. I determined that I had to finish school. I worked (legally) on CPT, OPT, H1B, and eventually got a GC through employment. So no, you do not get to lecture me about pressures being put on you to stay and all that.

 

 

[dannyphan91 30]

3 minutes ago, USS_Voyager said:

 

Yes, I am not you, but I understand your story just fine. In fact my story is not much different. My family too, had a business. My Dad died (car accident) while on a business trip. My mom had to sell the business in order to have money to support myself and my brother. I was separated from my mom for 8 years. 8 long years, I didn't come back (no money), I didn't meet my mom or my brother. I determined that I had to finish school. I worked (legally) on CPT, OPT, H1B, and eventually got a GC through employment. So no, you do not get to lecture me about pressures being put on you to stay and all that.

 

 

Focus on your job and family , rather than keep complain and judging people. Good luck

[USS_Voyager 1,971]

15 minutes ago, dannyphan91 said:

Let me ask you a question.

At the time of your interview for F1 visa in Vietnam. Why don’t you tell a officer that you will go to the US to study and then get a job to stay here??? Do you think he or she would give you a Visa ??? 

They usually require you to proof that you will return to your country after graduation. Come on.

I explained that already. Intent is ALLOWED to change over time. I had stayed in the US for well over 10 years before I adjusted status. Intent is not at question here. In fact, I admire your intent and determination. It is your methods that I have a problem with. 

 

"One of the most prevalent issues related to a change of intent is USCIS’ notion of preconceived intent or visa fraud.  As a general rule, a person cannot have preconceived intent to enter the U.S. for a purpose different from that permitted under his/her visa. Before a non-immigrant visa applicant’s application is approved, a consular officer (at the U.S. Consular/Embassy abroad that the applicant submitted their application to) must first determine whether the non-immigrant actually seeks to enter the U.S. permanently. This precaution is taken because under the Immigration and Nationality Act [INA 214(b), 8 U.S.C. 1184(b)], there is a legal presumption that all persons seeking entry into the United States are immigrants. Therefore, in order for the non-immigrant visa application to be adjudicated, the applicant bears the burden of having to prove “non-immigrant intent:” that he/she (1) has a residence abroad, (2) has no immediate intention of abandoning that residence, and (3) intends to depart the U.S. upon the termination of the visa. 

The USCIS has discretion over the approval of COS and AOS applications and can deny applications if they are presumed fraudulent or if the alien has preconceived intent. Applications submitted between 1-30 days of entry are deemed fraudulent; those submitted between 30-60 days could be denied on the basis of presumed fraudulence; those submitted between 60-90 days could also be denied on the basis of preconceived intent, but the alien would be able to dispute the claim; applications submitted after 90 days will have the best chance of approval from the USCIS. [INA 214]The USCIS and the Board of Immigration Appeals can, as a proper exercise of discretion, deny the alien's adjustment application and deport him based on the theory that the alien would have never been admitted to the U.S. had he not misrepresented his intentions, so he was excludable at entry. If the USCIS believes that at the time the applicant entered the US in his or her current non-immigrant status the applicant had a "preconceived intent" to actually be in the status now being requested, the application for change of status can be denied on the theory that the applicant tried to circumvent the visa process by entering on one visa and then changing to another status after entry. USCIS takes several things into account when considering whether an applicant may have had a preconceived intent, including: (1) the time between entry in one status and an application to change status, and (2) when and how quickly the applicant began taking steps towards obtaining the new status."

 

https://www.hooyou.com/f-1/140filing.htm

Edited April 3, 2019 by USS_Voyager

[arken 4,197]

20 minutes ago, USS_Voyager said:

 

So did I, I did the same thing you did. That is distinctly different because intent can change (and is allowed to change) over time. What you or I said in the interview years ago may be true then, but as circumstances changed, so can intent. I never said I have any problem if he did all of that. You (and I) were allowed to stay legally on OPT. He was NOT allowed to stay legally after he ran out of money and started living in the shadow. 

 

Big difference. Did you go out of status? Did you violate the terms of F-1 visa by working illegally or not attending school full-time? The difference is you (and I) did everything correctly, and he did not. I do not question his (or any immigrant's) determination to stay, but rather his methods. The end does not always justify the means. 

I am not condoning OP’s or others’ overstaying or staying out of status. I just have no problem with them getting GC thru bonafide marital relationship as long as USCIS is allowing it.

[Unlockable 7,306]

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Locking thread since it seems to be getting into "back and forth" comments. Do not start another thread as a continuation of this one.