MIBEN

The I131 does not guarantee reentry, the 180 day or short trips can be problematic if the IO perceives the person has no intent to make the US their resident. In his case he is talking about a 2 year absence anything over 180 is what raises eyebrows at reentry. It is not about being right or wrong, I am trying to provide him with an accurate answer thus the post.

Completely incorrect.

USCIS website to avoid, misinterpretation:

Does travel outside the United States affect my permanent resident status?

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the “Travel Documents” link to the left under “Green Card Processes & Procedures.”

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas at www.travel.state.gov. This information is listed under its Visa section for immigrants.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” under the Naturalization section of this website.

If you are a green card holder, you can not be away from the US for more than 180 days in a year, if you stay away longer you will need an extension upon entering again if Immigration Officer allows it or you will need to reapply again.

You did not give enough details for accurate feedback but from what you did state the overstay can be your biggest obstacle depending on how long it was. The asylum situation depends again on the situation. I set up my husbands binder like it told a story starting with the K-1/K-3 and any responses from USCIS and NVC. I would say focus on anything that will be a show stoppers and provide supporting documents if required and ensure your spouse can explain the entire situation.

Casa is tough especially on males but if he can get passed the overstay anything is possible. The COs do a very thorough job with applications that have red flags. He has to know anything and everything about you, your family, friends. If you can imagine it they will ask it even if it makes no sense.

On a lighter note they have been known to surprise applicants and be nice as well. I prefer to lean towards being well prepared.

I always told my husband, "it is just a visa decision they can make, at the end of the day you are still my husband no matter where we live." Try not to worry about what you cannot control and until the interview date and even on that day you can only support your husband and set him up for success. How you feel is understandable.

Good luck,

You did not give enough details for accurate feedback but from what you did state the overstay can be your biggest obstacle depending on how long it was. The asylum situation depends again on the situation. I set up my husbands binder like it told a story starting with the K-1/K-3 and any responses from USCIS and NVC. I would say focus on anything that will be a show stoppers and provide supporting documents if required and ensure your spouse can explain the entire situation.

Casa is tough especially on males but if he can get passed the overstay anything is possible. The COs do a very thorough job with applications that have red flags. He has to know anything and everything about you, your family, friends. If you can imagine it they will ask it even if it makes no sense.

On a lighter note they have been known to surprise applicants and be nice as well. I prefer to lean towards being well prepared.

I always told my husband it is just a visa decision they can make at the end of the day you are still my husband no matter where we live. Worry about what you can control and until the interview date and even in that day you can only support your husband and set him up for success. How you feel I'd understandable.

Good luck,

Ask rick313 from Thailand he said they just did their AOS On 5 Dec and his wife already has her SSN.

Good luck

Read other posts stating they got the spouses SS card then filed for the EAD. I had also read before that you get a SSN but has a restriction that you cannot work until you get the EAD.

Ok yes I see, yes I meant two weeks once you apply for the card. You can look on the IRS website to get instructions on getting a tax ID number if I recall correctly there is a 5 or 6 week process time you have time.

Good luck,

You get your SSN in two weeks and have until April to file taxes, you have plenty of time.

Not sure if it will affect your ROC but she can write a notarized statement stating the arrangement and that you simply pay your part of the utilities therefore there is no lease or your lack on the bills.

He is not a dependent but you can file jointly on taxes if he has a tax ID number or SSN and does count as an exemption for total number of family members.

I read a case from the Philipines with the same issue and she was denied the visa for her safety.

Good luck,

I had to provide a police report on the applicant but not on the petitioner. The USCIS I am sure will find this out during their processing of a K1 or Cr1. Either way be ready to explain the situation and get a copy of court papers. What you don't want to do is wait for them to mention it or wait to see if it is a problem and then appear to be hiding the facts. Be honest if the form does not require it then don't address it but be ready to answer questions about it and provide proof if requested. Putting your head underground will not make the facts go away.

Good luck

My intent is not to pass judgement actually just stating what will be obvious to the IO officer. The unfortunate events in her marriage does not change the fact that she choose to date and live with another man while married. This is why the recommendation of getting an attorney was given. Her situation was bad I get that, she is making it worse for both of you with her current living conditions.

She needs to get a divorce, then work on your relationship doing both at the same time only raises red flags of visa fraud.

Good luck but I would say untangle the situation first them focus on your relationship you cannot do one without clearing up the first.

Doing things right would start with not living or dating a married person. To answer your questions, K-1 does not apply she is already here unless she goes back home then she can do a K-1 or Cr1 if she gets a divorce and marries you. Good luck on the Adjustment of Status she is married and has been reporting your same address it will be very easy for an IO to put two and two together.

Side Note many VJ users frown upon immoral situations like yours.

Congrats on your approval and thank you for sharing. In Casablanca I have not seen too many women denied, I know it happens as I was preview to two cases during my visits to the consulate. You had two good things going for your case one your husband is an Army Officer and two you are a lady. I am sure not everyone will agree but it does make a big difference and lastly he is converting which is a plus. I too was an Army Officer during our journey and my husband had converted to Christianity so I completely agree it is not an easy process. Even with all things done right going through that consulate causes anxiety making sure we cross our Ts and dot our I.

Glad to hear you had a great experience it does happen in Casablanca glad to see they are still human..

God bless and Merry Christmas and if you ever have any Army wives questions feel free to ask.

Mimi

I agree you still need the none custodial parent's help to get passports. I had the same issue, my ex-husband and I were both military and regardless of what the divorce decree read when it came down to getting passports or getting the children out of the country I was always asked for a notarized letter from him authorizing issuance of passport or travel.

In regards to the Visa, you have to overcome the first finding. I don't recommend running off and getting married unless you are able to get some trips under your belt to Morocco. That was one of the first questions they asked my husband, how many times has she visited you and for how long each trip. We have friends that are married that were denied on those basis alone she had only visited him once and they married on that visit. In their case she has 3 children all under 18 and it is very hard for her to visit but unless she visits and shows more interaction as a married couple the embassy finds it hard to believe that a bonafide relationship/marriage can be based on a one time visit. I got to know my husband so much more converstating on an instant messenger service over 18 months, we had no choice but to talk about everything under the sun and just going through the process made us closer but the COs do not buy that for one minute their filter is set on fraud alert. Those visits make a big difference but that alone normally does not get you a no. There are many redflags they look for:

- Age differences

- Previous relationships with Americans that implied immigration.

- How soon after meeting did he show a romantic interest?

- How soon after meeting did he profess his love?

- How soon after meeting did he propose marriage?

- In conversations provided did you talk, agree or disagree about religion or money. If you spoke in a different language from English or Arabic translate all conversations they only want to see documents in English.

- How well he knows you this includes your family(in great detail), jobs, previous marriages, chidren(in detail), monies (all accounts) etc...everything and anything.

- First impressions make a difference, applicant has to dress well and be confident at the interview not soft spoken.

- Pictures ensure you include family in the pictures, I am not saying stage them but they want to see genuine acceptance into the family. I have an independent relationship with his family outside of our relationship and they could see that in our pics.

My observation has been that when they call you back for a second interview at Casa within in two weeks it is normally not good. Things I have observed as a good sign are keeping your passport, giving you a 221(g) simply to complete the application any missing documents or working with you without a straight denial (they are well versed at handing out denials), the CO tells you it is approved but placed on AP. People hate AP in Morocco but I have found that it is a good sign, they are working your case which is much better than being told we don't believe you and here is your 221(g) for denial.

I know in the haste of wanting to be with our loved ones we oversee the job the COs have to do but being a retired military officer that knows about force protection and the job we are charged to do to protect Americans and our way of life I can fully understand why they have to do what they do especially because Morocco has a very high fraud rate. So I can say be prepared for the next go round and try not to be upset at how the system is set up but rather try to work with it to meet their requirements and get your loved one home. We are here to provide the best support we can to make everyone that truly is doing everything honestly successful.

My heart goes out to ladies who really wish to go there but have no support system to help with the care of their children to visit their spouse. I wish you both the best of luck.

I got excited when I saw the military hotline but for our case it made no difference, unless you are about to deploy, a baby is about to be born or some type of medical or reassignment hardship will come about because the sponsor moves without the applicant. Not sure they even recognize the K-1 for a fiance, especially if you are assigned overseas.

I have only read of one person that this helped on vj sorry don't remember the member.

Good luck,

Marriage Fraud, the CO knows that you were not being completely honest about your previous marriage fraud and is insisting that you be completely open but to do so will compromise you? You are in a compromising position either way. The likelyhood of getting a CR1 seems remote. If you and your loved one want to decide to marry, you may want to consider doing so with the possibility of making a life there rather than the US. You have an uphill battle, now you have the marriage fraud and the denial of K-1 under your belt. Get a good lawyer and hope for the best.

There are second and third order effects to all our decisions, but you already know that now.

It did read to me like they were not following the regular processing procedures ofcourse that email came to you shortly after you contacted your Senator on 11 Sep 2011, which could have come as a response to their inquiry on your case. If you do wish to continue with an expedite request the following is what is stated on the USCIS website:

Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

•Severe financial loss to company or individual

•Extreme emergent situation

•Humanitarian situation

•Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

•Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

•USCIS error

•Compelling interest of USCIS

Note: Discretionary expedite requests for petitions and applications that have Premium Processing Service available will not be considered for expedite processing. The only exception is when the petitioner is a not-for-profit organization designated by the Internal Revenue Service. For information regarding premium processing, please refer to the premium processing webpage.

If you have already filed your application or petition:

You can make an expedite request by contacting the National Customer Service Center (NCSC) at 1-800-375-5283. The NCSC will take a “service request” and forward your expedite request to the office with jurisdiction over the application or petition. You also have the options of 1). visiting your local office by scheduling an InfoPass appointment or 2). writing a letter to the local office or service center.

Good luck and God Bless,

I read and re-read your post and it seems like they sent you an email to say they touched your case and you should have gotten an update or NOA2 within 30 days of the Septmber date. It goes on to say you will get the document within 30 days of application approval. Really it would have been better if they said nothing and just let you wait the average 5 to 7 months because in actuality that is how long it is taking them to process the application. All that email did was cause confusion, and I can completely understand your frustration. It is good you did a service request if takes them about a month it so to get a reply at least that is how long it to them to reply to me. I got the NOA2 approval after 7 months which seems to be the new average. I know it is not what you want to hear at this point. Keep the faith and your approval of the application should come soon.

The last update you got shows the last status at USCIS. I did not get anything from the post that the case is at NVC, it is just completely unacceptable that a Supervisor at USCIS states "it may be at NVC" they should know the status. Ironically, we sent our petition around the same time last year 7Jul 2010 and we got approved on 15 Feb 2011 and we got the Visa on 2 Aug.

I hope it all comes to a quick closure for you so your family can be together soon.

God Bless,

If he has been issue the visa and you have already contacted USCIS then they are tracking that the visa has to be cancelled for fraud on his part. Now unless you keep in touch with him, not sure how you will even know he came into the country. Either way they will track him by your address and if you do not marry within 90 day of his arrival which in your case you will not they will want an update through AOS at some point otherwise he will be here out of status. If he is tracked through biometrics I hope this is caught throught that confirmation number at the Port of Entry and he is returned to his country.

Completely understand the discomfort, however; the only way you will get him out of the country is to keep in touch with him. I do not in any form suggest you allow him to see you or come to your home just keep in touch through email or through his friends and family to keep a pulse on his location this is the only way ICE will be able to process with deportation.

Good luck on this case, I previously did a cancellation but my ex had never been issued his visa so the embassy just closed out the case and even that took over four months before USCIS sent me a letter stating the case was closed out.

This is the information I had given Jaime&Khalid if they got approved today then it helped.

I was reading through the IRS website and found the following link that covers Social Security Income, it maybe helpful in your case:

http://www.irs.gov/p...s-pdf/i1040.pdf pg 8 has a chart that stipulates who has to file tax returns this along with the sponsor's 1099 form from SSA and a copy of the Retiree Account Statement should be enough to prove the sponsor is exempt from filing taxes. Now you will have to get your fiance to be able to understand all this and how it relates to his visa request. He will be the only one talking to the CO or you could send the embassy a detailed email with the chart and and supporting documents.

Chart AFor Most People and at the end of 2010

IF your filing status is At the end of 2010 you were Then file a return if your gross income was at least

Single under 65 $9,350

65 or older $10,750

Married filing jointly*** under 65 (both spouses) $18,700

65 or older (one spouse) $19,800

65 or older (both spouses) $20,900

Married filing separately any age $3,650

(see page 13)

Head of household under 65 $12,050

(see page 13) 65 or older $13,450

Qualifying widow(er)

with dependent child under 65 $15,050

*If you were born on January 1, 1946, you are considered to be age 65 at the end of 2010.

**Gross income means all income you received in the form of money, goods, property, and services that is not exempt from tax,

including any income from sources outside the United States or from the sale of your main home (even if you can exclude part or all of

it). Do not include any social security benefits unless (a) you are married filing a separate return and you lived with your spouse at any

time in 2010 or (b) one-half of your social security benefits plus your other gross income and any tax-exempt interest is more than

$25,000 ($32,000 if married filing jointly). If (a) or (b) applies, see the instructions for lines 20a and 20b to figure the taxable part of

social security benefits you must include in gross income.

***If you did not live with your spouse at the end of 2010 (or on the date your spouse died) and your gross income was at least

$3,650, you must file a return regardless of your age.

The taxable amount of the benefits can be figured on a worksheet in the Form 1040 Instructions or Form 1040A Instructions , or in Publication 915, Social Security and Equivalent Railroad Retirement Benefits.

Key note to remember if between his retirement and social security the sponsor makes more than $25,000 he or she will still be required to file taxes unless it is SSI in which case those monies are tax free.

I hope this helps,

Happy Holidays Amanda and Saad and all those going through the visa process and cannot be with there loved ones. It is Tarik's and my first Holiday season together and we know your struggle very well. We keep you all in prayer and hope speedy and successful end to your visa journey.

God Bless,