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pinayanne27

C1 entry married to US Citizen

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C1 entry: I’m not sure if this is the righr thread. 

 

Hello everyone. I’m trying to help a friend regarding her status here in the US.

 

Here are the details:

 

  1. Entered the US Via C1 Visa
  2. got married to a US Citizen
  3. Applied for I-130 and I-495 with the help of the lawyer
  4. I-130 approved and gave her 1 yr employment via but I-495 got denied due to her entry which is C1
  5. Divorced her 1st spouse
  6. Got married again recently to a US Citizen

 

What’s the best thing for her to do? She spent so much money before with her lawyer. Does she need to hire another lawyer? Or she can do her application on her own?

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Application for what?  adjustment of status?


                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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How much time since the I-485 denial? She may be accruing an unlawful presence. Is she in removal proceedings?

She really needs a lawyer specialized in similar cases. Most likely her only option is to leave the US for her home country. Her current husband then files I-130 for her. She files for the waiver in her home country.

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She will still be denied as she entered on C1. She has no status now. She cannot work or anything based on 1st marriage. If she married, she will need to return home and file again 130


Phase I - IV - Completed the Immigration Journey 

 

 

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Just now, portorusa said:

How much time since the I-485 denial? She may be accruing an unlawful presence. Is she in removal proceedings?

She really needs a lawyer specialized in similar cases. Most likely her only option is to leave the US for her home country. Her current husband then files I-130 for her. She files for the waiver in her home country.

Those are my thought, too......and I think her work authority went away when the I-485 was denied......


                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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4 hours ago, portorusa said:

How much time since the I-485 denial? She may be accruing an unlawful presence. Is she in removal proceedings?

She really needs a lawyer specialized in similar cases. Most likely her only option is to leave the US for her home country. Her current husband then files I-130 for her. She files for the waiver in her home country.

I am not sure how to answer your questions, sorry. Let me ask her about that. 

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4 hours ago, Pinkrlion said:

She will still be denied as she entered on C1. She has no status now. She cannot work or anything based on 1st marriage. If she married, she will need to return home and file again 130

Does that mean if someone entered n a C1 visa and got married here to a US Citizen, you need to go home first? You cannot apply from here? So sad how lawyers doesn’t even give the right advices. 

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Posted (edited)
1 minute ago, pinayanne27 said:

Does that mean if someone entered n a C1 visa and got married here to a US Citizen, you need to go home first? You cannot apply from here? So sad how lawyers doesn’t even give the right advices. 

US immigration laws allow adjustment of status inside the US from some visa types.......but not C1 visas.......

Edited by missileman

                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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31 minutes ago, pinayanne27 said:

Does that mean if someone entered n a C1 visa and got married here to a US Citizen, you need to go home first? You cannot apply from here? So sad how lawyers doesn’t even give the right advices. 

Correct. Find new competent lawyers. And have the beneficiary make plans to return home.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Seems difficult to envisage she does not have ban as well.


“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.”

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2 hours ago, missileman said:

US immigration laws allow adjustment of status inside the US from some visa types.......but not C1 visas.......

I’m kind of confused as she is saying she still has a working visa now.  And she said she has a friend same case as hers that got approved for i-495. 

 

If ever she goes home, how long does she need to wait to fix her papers again?

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What visa does she have that allows her to work, when she entered how long was she given to stay here.

 

She is going home at some point, or is she looking to stay here illegally?


“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.”

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4 minutes ago, Boiler said:

What visa does she have that allows her to work, when she entered how long was she given to stay here.

 

She is going home at some point, or is she looking to stay here illegally?

I need to confirm the details with her status now cause i myself is so confused with her story. 

 

She haven’t mentioned going home or staying illegally as i think she will apply again for i-495. I don’t understand why her lawyer is letting her apply  

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Posted (edited)

You cannot AOS from C-1. I have no idea why the lawyer did not catch this or know this (or maybe they did and just want the money).

Her C-1 does not let her continue to work in the US.

Her EAD (work authorization) from her initial AOS application was revoked the moment the I-485 was denied. She no longer has a valid working permit, even though the physical card would not be marked as such. Any employer who checks her employment eligibility now would see this.

 

She needs to leave the US to get an immigrant visa.

She likely has a ban due to overstay of 180+ days. If not, then she can leave before that period and just interview for the visa abroad once the case is ready.

If there is a ban due to overstay, the I-601A path may be available to her to waive the bar. This involved getting the I-130 approved, then submitting the I-601A (and getting it approved), going through NVC, then interviewing abroad. The I-601A will waive the bar she will obtain upon exit form the US due to overstay. It doe NOT waive any other inadmissibility.

 

12 hours ago, pinayanne27 said:

She haven’t mentioned going home or staying illegally as i think she will apply again for i-495. I don’t understand why her lawyer is letting her apply  

She has no legal way to remain in the US. Applying again has no chance for success...see the USCIS policy manual: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

Quote

A. Crewmen

A nonimmigrant crewman is barred from adjusting status. [1] This bar applies to a foreign national serving as a crewman who is permitted to land as a D-1 or D-2 nonimmigrant, as shown on the foreign national’s Arrival/Departure Record (Form I-94) or Crewman’s Landing Permit (Form I-95), and by the corresponding visa contained in the crewman’s passport. The bar also applies to a foreign national who was admitted as a C-1 nonimmigrant to join a crew. [2] 

 

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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46 minutes ago, geowrian said:

You cannot AOS from C-1. I have no idea why the lawyer did not catch this or know this (or maybe they did and just want the money).

Her C-1 does not let her continue to work in the US.

Her EAD (work authorization) from her initial AOS application was revoked the moment the I-485 was denied. She no longer has a valid working permit, even though the physical card would not be marked as such. Any employer who checks her employment eligibility now would see this.

 

She needs to leave the US to get an immigrant visa.

She likely has a ban due to overstay of 180+ days. If not, then she can leave before that period and just interview for the visa abroad once the case is ready.

If there is a ban due to overstay, the I-601A path may be available to her to waive the bar. This involved getting the I-130 approved, then submitting the I-601A (and getting it approved), going through NVC, then interviewing abroad. The I-601A will waive the bar she will obtain upon exit form the US due to overstay. It doe NOT waive any other inadmissibility.

 

She has no legal way to remain in the US. Applying again has no chance for success...see the USCIS policy manual: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

 

Thank you so much!! I do not know how to rely this message to her (bad news) but thank you so much for all the explanations. 

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