nica

We just received our green card in the mail today! Woohoo!

California Service Center (23 applicants, 9 approved - 39%)

VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved
SEFORA................05/01/14......05/02/14......CURRENT.......07/02/14
BLANCAVELAGUTI........05/06/14......05/09/14......06/12/14......--/--/--
NICA..................05/06/14......05/07/14......06/03/14......07/21/14
LISE+MICHAEL..........05/06/14......05/08/14......CURRENT.......07/08/14

ALEJANDRA2012.........05/06/14......05/08/14......CURRENT.......07/16/14
JULY15................05/08/14......05/09/14......06/12/14......--/--/--
CJ0301................05/08/14......05/12/14......CURRENT.......07/19/14
ANDY AND PUI..........05/09/14......05/12/14......--/--/14......--/--/--
TWINSPITS.............05/09/14......05/12/14......07/08/14......07/11/14
JIU...................05/09/14......05/12/14......06/13/14......--/--/--
NEWBIE608.............05/09/14......05/12/14......07/01/14......--/--/--(Divorce waiver)
SPARKBAT..............05/09/14......05/12/14......CURRENT.......07/01/14
TCTTCT................05/12/14......05/14/14......06/11/14......--/--/--(Early Bio 05/21)
CONVERTS..............05/15/14......05/16/14......07/17/14......--/--/--(06/27 Interview notice received for 07/30)

DR_509................05/16/14......05/19/14......CURRENT.......--/--/--
YAVUZUM10.............05/17/14......05/19/14......07/14/14......--/--/--
DIDOPAGE..............05/19/14......05/20/14......07/09/14......--/--/--
MR.J & MRS.M..........05/19/14......05/20/14......07/18/14......--/--/--
PASPORTIT.............05/19/14......05/21/14......--/--/14......--/--/--
AMYWRITES.............05/21/14......05/27/14......06/27/14......07/17/14
CB922.................05/23/14......05/--/14......06/20/14......--/--/--

FUNKYMUNKY............05/23/14......05/27/14......07/16/14......--/--/--
PANGA.................05/29/14......05/30/14......07/07/14......07/16/14


Vermont Service Center (30 applicants, 0 approved - 0%)

VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved
KNOWLEDGEISPOWER......04/24/14......05/15/15......06/09/14......--/--/--(Fee waiver delayed NOA1)
RICHARDKOREA2010......04/30/14......05/05/14......06/12/14......--/--/--
DALEWONJU.............05/01/14......05/05/14......CURRENT.......--/--/--
KASKADA...............05/02/14......05/06/14......06/12/14......--/--/--(Early Bio 05/27)
YJPLOVE...............05/03/14......05/06/14......CURRENT.......--/--/--
KERRY & CARL..........05/05/14......05/08/14......06/11/14......--/--/--
KARALYNN1971..........05/05/14......05/06/14......06/11/14......--/--/--
BLESSEDASSURANCE......05/05/14......05/07/14......CURRENT.......--/--/--
CHARLESRECO...........05/05/14......05/09/14......06/19/14......--/--/--
PEACENLOVE............05/05/14......05/09/14......CURRENT.......--/--/--
PRASE.................05/06/14......05/08/14......CURRENT.......--/--/--
HOLLY2234.............05/08/14......05/13/14......06/18/14......--/--/--(Divorce waiver)
AVI30.................05/08/14......05/13/14......CURRENT.......--/--/--
LEILALYN..............05/09/14......05/27/14......CURRENT ......--/--/--
PRAGUER...............05/09/14......05/13/14......CURRENT.......--/--/--
LAGAVULIN.............05/12/14......05/16/14......07/01/14......--/--/--(Early Bio 6/10)
CHIMCHAM..............05/13/14......05/15/14......CURRENT.......--/--/--

DOJ&KCJ...............05/15/14......05/19/14......CURRENT.......--/--/--

RILOVE11..............05/15/14......05/19/14......07/02/14......--/--/--

G&G IN LOVE...........05/16/14......05/19/14......CURRENT.......--/--/--
SMOKEY68..............05/20/14......05/26/14......06/30/14......--/--/--(Early Bio 6/18)
COACH411..............05/21/14......05/22/14......06/25/14......--/--/--
DJAMES95..............05/21/14......05/23/14......07/02/14......--/--/--
JILLANDJASON..........05/22/14......05/27/14......06/25/14......--/--/--
AYUKI_NILL............05/23/14......05/27/14......CURRENT.......--/--/--
VAGGOLENA.............05/24/14......05/28/14......--/--/14......--/--/--
PURPLE VIPER..........05/27/14......05/29/14......07/01/14......--/--/--
FAITHFUL27............05/27/14......05/29/14......06/27/14......--/--/--
BIT...................05/28/14......05/30/14......06/27/14......--/--/--
MGKHAN................05/29/14......05/--/14......--/--/14......--/--/--

As an update: did our biometrics the day before yesterday!

The whole thing took about 10-15 minutes. It was basically like being at a very uncrowded DMV, but with more kids than usual.

I guess now we wait several months for a letter of some kind (acceptance, hopefully)?

Hi all! We're in this group too.

I'm mobile so I don't want to edit the chart (don't want to mess it up) but we sent our packet on April 29 and have an NOA1 date of May 6.

We've seen nothing since then and our case number isn't working on uscis' website, but I think I read in this thread that I need the one on our biometrics letter. I didn't realize they were different so I'm glad to know something isn't just broken. That said, I haven't gotten a biometrics letter either and we're at a month today so I guess I'm going to have to call them if I want our case number. Blah.

Anyway, just wanted to join you all.

I wouldn't worry too much about the USCIS case number if I were you... for the entire year that we were going through the CR-1 visa process, our USCIS case number said "under review", and continues to say that to this day (two years AFTER successfully receiving the conditional green card, and two months into applying for the permanent green card). So checking that website every day, we discovered, can be misleading

Just got our biometrics appointment letter in the mail today! Now we know what we'll be doing on our wedding anniversary

California Service Center (13 applicants, 0 approved - 0%)

VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved
SEFORA................05/01/14......05/02/14......--/--/14......--/--/--
BLANCAVELAGUTI........05/06/14......05/09/14......--/--/14......--/--/--
NICA..................05/06/14......05/07/14......06/03/14......--/--/--
LISE+MICHAEL..........05/06/14......05/08/14......--/--/14......--/--/--
JULY15................05/08/14......05/09/14......--/--/14......--/--/--
CJ0301................05/08/14......05/12/14......--/--/14......--/--/--
ANDY AND PUI..........05/09/14......05/12/14......--/--/14......--/--/--
TWINSPITS.............05/09/14......05/12/14......--/--/14......--/--/--
JIU...................05/09/14......05/12/14......--/--/14......--/--/--
NEWBIE608.............05/09/14......05/12/14......--/--/14......--/--/--(Divorce waiver)
SPARKBAT..............05/09/14......05/12/14......--/--/14......--/--/--
CONVERTS..............05/15/14......05/--/14......--/--/14......--/--/--

DR_509................05/16/14......05/--/14......--/--/14......--/--/--

Vermont Service Center (14 applicants, 0 approved - 0%)

VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved
RICHARDKOREA2010......04/30/14......05/05/14......--/--/14......--/--/--
DALEWONJU.............05/01/14......05/05/14......--/--/14......--/--/--
KASKADA...............05/02/14......05/08/14......--/--/14......--/--/--
YJPLOVE...............05/03/14......05/06/14......--/--/14......--/--/--
KERRY & CARL..........05/05/14......05/08/14......--/--/14......--/--/--
KARALYNN1971..........05/05/14......05/06/14......--/--/14......--/--/--
BLESSEDASSURANCE......05/05/14......05/07/14......--/--/14......--/--/--
CHARLESRECO...........05/05/14......05/--/14......--/--/14......--/--/--
PRASE.................05/06/14......05/08/14......--/--/14......--/--/--
HOLLY2234.............05/08/14......05/--/14......--/--/14......--/--/--(Divorce waiver)
AVI30.................05/08/14......05/13/14......--/--/14......--/--/--
LEILALYN..............05/09/14......05/--/14......--/--/14......--/--/--
PRAGUER...............05/09/14......05/--/14......--/--/14......--/--/--
CHIMCHAM..............05/13/14......05/--/14......--/--/14......--/--/--


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Just got our NOA1 in the mail!

We received it 5/13, and it's dated 5/7.

Hi everyone! We just sent ours out today too

* * * * * *

California Service Center (2 applicants)

VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved
Blancavelaguti........05/06/14......--/--/14......--/--/14......--/--/--

nica..................05/06/14......--/--/14......--/--/14......--/--/--


Vermont Service Center (3 applicants, 0 approved - 0%)

VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved
DaleWonju.............05/01/14......--/--/14......--/--/14......--/--/--

YJPlove...............05/03/14......--/--/14......--/--/14......--/--/--

Kerry & Carl..........05/05/14......--/--/14......--/--/14......--/--/--

IMPORTANT!

* Make sure that your VJ Text Editor setting is set to Rich Text Editor.
* Go to the MOST RECENTLY POSTED VERSION of this list (go to the last post and scroll UP) and "Reply" to it, deleting the "quote" tags in your reply.
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* Please PREVIEW before posting to make sure it is properly formatted.
* Please check that you have not deleted anyone's NAME & DATA.

Date of I-751 = The Date you sent your application
NOA Date = The Receipt Date on your original NOA letter
Biometrics = The Date of your biometrics appointment
Approved = The Date your case was approved

You are just showing the co-mingling of your life not the dates. Showing bills in each of your names (cable, water, apt ;ease) is all that necessary. Showing a few pics maybe of things you did since you been here trips. Parties. Just really showing your life together.

You will be fine.

I thought we would have to provide bills over a period of time (i.e. a credit card bill from each 6-month period since he moved here). Is that not the case? Do we only need to show one piece of paper proving we have a joint account?

When my husband got into the country, we were both so euphoric that we didn't spend a lot of time making a checklist of "things we need to do in preparation for the I-751 two years from now." The CR-1 process was horrendous enough that we just didn't want to think about it for a while.

So of course, it's snuck up on us. Our POE was June 2012, so we're going to submit documents next month. We have some things ready, but there are some things that I'd like to change to (hopefully) make our I-751 go through as smoothly as possible. That being said, I'm wondering whether making changes at the last minute looks worse than not doing it at all.

For example: I have a Roth Ira account with a little bit of cash in it that I don't do anything with (don't make enough to contribute at the moment). I'd like to add him as a beneficiary. Does it look bad to do that 1-2 months before we submit the I-751?

We also have a shared checking account and a shared savings account, but we also have separate accounts (his from his home country, and one that I use for extra savings). At some point I'd like to consolidate into one shared checking and one shared savings accounts, but again, I'm concerned that it looks like we're scrambling to change things right before the I-751.

Should we wait, or should we go ahead and make these changes?

You can argue about right or wrong, but stats say that you are the minority.

I am arguing about right and wrong.

What do you mean everybody else, this is the norm?

I mean everybody going through the proper, legal procedure (K-1, CR-1, etc). I knew when I started that some people get away with arriving on VWP and then adjusting status, but I wasn't willing to try it because it's not legal and therefore seemed risky to me. Because we went through the proper procedure for CR-1, we had to spend the entire first year of our marriage apart. It was difficult, but at least we know we waited our turn and did it right.

As far it being a "moral" issue, I like to think of myself as a moral person. I live a normal life like most, I work, I run a home and do every other normal activity in life. I happen to meet someone while on vacation and yes, fell in love. Our intention was never to AOS as he had a job, an apartment, clothing, bank account, car and whatever else back home in the Turks. I do not need to mention how hard being away from someone you love is as we ALL know the heartache and struggle it brings. His last entry, he had a return ticket, he was never even questioned on entry and came right through with 6 months granted on his I-94. He's made many visits to the U.S and always went home. It was a 4 day visit, that is all and something just changed. We originally planned to marry in Dec 2012 and honestly wasn't even sure if we would live here or in Turks and Caicos Islands. We knew we had plenty of time to figure all of that out. Next thing we knew, we just decided for him to stay. His boss said he could come back anytime so we decided to elope and marry and it was exactly that, no family, no friends, just us and the minister on the beach. We then went to Texas and after we returned to Maryland, we started looking at flights for him to return home and I planned to file and wait it out.

I read on HERE about the AOS process. I never considered it and he knew nothing about the immigration process. He never even cared to live in the US. He has lots of family here and could have came years ago but never wanted to.... that was until he met me. So the process of marrying and living here was completely new to him (and me..I'd never met anyone out of the country before). So after lots of prayers and a leap of faith, we filed for AOS.

Was it immoral?? I do not think so. Impulsive....perhaps but definitely not immoral.

If you're being totally honest about what happened, then I agree. The problem is, I assume lots of people who go through the visitor visa/VWP to AOS process, if they're informed enough to know it's illegal to enter with intent to stay, probably just tell themselves that it was a spur of the moment decision. I suspect that most of the time, deciding to stay in the U.S. permanently wouldn't be spur of the moment... after all, most people have lots of loose ends to tie up in their home country (like jobs, bills, saying goodbye to family members, etc), which if you're genuinely just visiting the U.S. when you make the decision (rather than moving there with pre-conceived intent), would be a problem.

People who definitely know that it's illegal and choose to do it anyway, thereby purposely flaunting the law are, in my opinion, taking a gamble on their loved ones. Furthermore, they're assuming that their circumstances are unique enough to merit not having to wait in line like everybody else. I definitely find *that* immoral!

The point is they don't check and they don't ask what your intentions were. They get the paperwork and process it. If its a proven marriage and not a fake one for a greencard, it should go straight through like anybody else adjusting status from a K1 or work visa, for example. If there was really something that went wrong in the process, like they couldn't come up with a sponsor Or didn't reply to an RFE, then AOS could be denied. So if denied, then however long they overstayed would be on their record. Also with VWP, there is no appeal if denied ...you leave the country. Don't know about tourist visas.

I understand that the paperwork part goes through like anything else... but they don't ask any questions at the interview? Husband and wife living together in the U.S., one on a tourist visa, entered the U.S. right after marriage... I get that a lot of people manage to get through it okay, but isn't there a chance that the consulate officer would ask about all that?

I still don't get how there's so much disagreement over whether this process is legal or whether it's advisable. I was advised by people on this forum (and others like it) that adjusting status from VWP could get you in serious trouble. That's why I went with I-130. Is that just wrong information? Is there NO risk of being caught?

OK, if you are married to a US citizen and come to "visit" your spouse, then decide to adjust status??????

Seriously, this is a joke. Even more of a joke that USCIS told NatalieBlake that even though CBP warned her husband that he better leave after 90 days, that "It was OK and People do it all the time".

These people will have their green cards before people who have filed for K1/CR1......

The thing that makes me feel slightly better is that even if I had known all this information, I don't think I would have done it differently. I-130 seems safer; the last thing I would want for my husband is to have some kind of blot on his immigration record (even something like an interrogation at POE and a note in his passport). We wanted to do it right, and it was painful, but we made it.

A USCIS officer told my friend that what she was doing was legal too... but one thing I learned from the I-130 process is that above all else, I don't trust anything USCIS tells anybody.

It is fraud to enter on a non-immigrant visa with the plan of immigrating. However if you are in the US on a non-immigrant visa and decide to adjust status that is fine.

Generally there is no problem with adjusting status whilst in the US on a tourist visa. The only problem is your conscience if you know you planned to immigrate when you entered.

Isn't it pretty obvious that you planned to immigrate if, before you entered, you quit your job, sold your house, moved your belongings here, etc? Aren't there material ways they can check on "intent to immigrate"?

For example, when my husband and I were going through I-130, we were advised that he should bring "evidence of ties to his home country" when he came to visit for a week at Christmas, so that at POE they don't assume he's trying to move here on VWP. So he brought evidence of his place of residence, a letter from his employer saying he's an ongoing employee, etc. Couldn't they ask for that stuff at an AOS interview? Or do they not care enough to bother?

VWP or tourist visa is all the same. You are not supposed to enter as a tourist with the full, pre-meditated intention of by-passing immigration processes. However people do it all the time with success and are never questioned on their intentions. There is a forum where you could check timelines of those kind of filings http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

So ultimately it's a question of how risky you want to be with the process? You might get away with adjusting status based on the luck of the draw with a consular officer, but to be totally sure, you'd want to return home and file I-130?

Since he is outside of the country, she should file CR1 for him to enter legally.

He can't enter on VWP with intention to adjust status after entering.

He's inside the country already (on a tourist visa), but he entered a few months ago, right after they got married in Mexico (he quit his job, sold his house, and moved all his belongings to the US). I felt pretty sure that was considered illegal using VWP, but is it also risky with a tourist visa?

If that's the case, then I don't understand why anybody goes through the much longer I-130 process that often forces the couple to live apart. My husband and I did I-130 (the entire process took 11-12 months) because we were told that entering the U.S. on a nonimmigrant visa (or VWP) with the intent to stay constitutes immigration fraud, and that there's a possibility that, come the interview, the consular officer will have some serious questions about whether you are really "just visiting" or whether you entered illegally.

So why couldn't my husband get a tourist visa and then adjust status? Doesn't there have to be a downside or risk to that option, given how many choose to do the I-130 route instead?

Hi Nica,

My husband came in on a tourist visa and although his visa is valid for three years (ESTA from UK), we were told that he is only able to use it in 3 month increments. I am not sure if it is the same for Mexico. We were not really sure of the situation coming in but we filed our paperwork (I-485, I-130, I-131(travel), and I-765 (work)) together on June 29, 2012 and have the interview for adjustment of status on September 26, 2012. On the USCIS website, they put the interview against the I-485 but I am assuming that the I-130 will get approved shortly after if the I-485 gets approved (could be massively wrong). Other than that, the I-130 hasn't changed status since they received the paperwork on July 2, 2012.

I hope this helps some!

Thank you,

Natalie

Hey there,

I know someone looking into the whole I-130 process. Her husband is from Mexico and has had a tourist visa for a while (they last 10 years). I remember when I started this process lots of people telling me that entering the US on VWP and then adjusting status to permanent resident can potentially lead to trouble... (in fact, I was told it was considered immigration fraud), but is the same true with entering the US on a tourist visa and then trying to adjust status to permanent resident? If legal, how long does that process normally take?

Thanks all!

My husband arrived here after a long 10-month CR-1 process. He's got his green card, and is starting to look for work. One employer has shown interest, but says the job pays cash. I know that it's illegal for an employer to pay an employee cash, and that it's illegal for the employee if he/she does not declare those earnings to the IRS... but from the point of view of immigration, should we be wary of this?

We would plan to pay taxes on the earnings at the end of the year, but I'm worried that it might still look fishy to the IRS, and I don't want anything fishy showing up when we submit our tax returns for the 2-year CR-1 renewal interview. Any thoughts or experience with this?

Well, this is where it gets technical. If he manages to get a employer sponsor, for all purposes he will need the work visa before he can actually begin to work. Rarely, if ever, temporary work visas involve a process that delves into the details as to how the job was found and what happened when. Normally, if the paperwork is kosher, the visa is granted. Unless he is most unfortunate, he will never be asked by anyone whether he sought employment while on a tourist visa and even if he did, a lawyer could get him off in a second.

Where I think he will have an issue is that his immigration records will show that is he the beneficiary of a I-130 so they may question his reason for getting a temporary job and most likely that might kill his temporary work permit and he may have trouble getting back into the US once he leaves, after his 180 days expire.

If you wish to help him, ask him to sit tight and cool off until he gets is packet and enters the US as a full-time resident.

Thanks for your help! When they first told me their plan, I was skeptical on a whole number of levels, but I wasn't sure exactly which part of the plan is most likely to get them in immigration limbo.

In that case, if he gains employment without being authorized to work in the US he will be breaking the law.

But if he successfully finds a job, and that employer sponsors a work visa for him, then he will be in the clear, despite the fact that he very obviously both seeked and gained employment while on a tourist visa?

Thanks for your advice about this, by the way. The language of this kind of thing really confuses me!

Yes it is illegal to seek employment or gain employment on a tourist visa. Until such time, it is not illegal to look.

From your post: 'and has been looking for work in the hopes that he can get a work visa'

Still confused... what's the difference between "looking for work" or "seeking work"? I should clarify by saying he's putting in job applications, not hypothetically considering looking at job offers.

Or do you mean that he'll only be committing immigration fraud if his job applications prove successful in landing him a job?

The general idea is that you are not doing anything illegal by thinking of it. The presumption is that of innocence. A tourist can look for a job, as much as a tourist can look at new cars on a lot or houses on a market.

So it's NOT illegal to seek employment or gain employment while on a tourist visa? Just trying to clarify.

So far it is legal. He/she is here on tourism. Depending on his/her future actions are then he/she might end up on the wrong side of the law.

Up to this moment, he/she can only be charged with what is called 'crimethink', in Newspeak.

Looking for a job doesn't count as tourism... nor does moving all your belongings, finances, job, etc, to the US. Or is the general idea that nobody gets caught for doing these things?

I have a friend who was married in June to a Mexican citizen. About two weeks later, he (the Mexican spouse) moved to the U.S. to be with her by applying for a tourist visa (which gives him 6 months in the country). He has no intention of returning to live in Mexico and has been looking for work in the hopes that he can get a work visa (he is applying for jobs at colleges, which do not apply to the work visa cap) so that he can stay on a work visa while the I-130 processes. When I asked them what he intends to do if the I-130 isn't approved within that 6-month period and they don't get a work visa, they said, "No problem, he'll just go back to Mexico then come right back on another tourist visa."

Is this legal? It really feels like they're cheating the system.