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Pitaya

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  1. Like
    Pitaya reacted to geowrian in K1 Visa overstay in USA fiance   
    1) His visa was canceled the moment he overstayed even 1 day. This is automatic as stated in the INA.
    2) Do you mean he got an expedited removal? That's would explain the 5 year remark as that is a 5 year ban on any US visa, and can apply if you show up at POE trying to enter without a valid travel document, like he did.
     
    If he did get an expedited removal, then he needs a waiver to have any visa issued prior to the 5 years.
    A standalone I-212 can be filed at any time. If he needs an I-601 as well, then that can only be filed after being refused the K-1 visa.
  2. Like
    Pitaya reacted to SalishSea in Employment Authorization   
    OP,  you really need to read the guides!  You seem to be missing much valuable info about the steps to take.
  3. Like
    Pitaya got a reaction from debbiedoo in What is the best way to handle this problem   
    We heard you twice the first time.
     
    The petitioner USC, your husband, is always the primary sponsor. That is how the AOS requirements are written. If the primary sponsor has to demonstrate that you will not become a public charge. You have to be financially stable enough to support yourself as a Legal Permanent Resident (LPR). If the primary sponsor does not have the financial capability, either through income or assets to meet this obligation, then you will have to seek other people to be a secondary sponsor, or sponsors, that in addition to the primary sponsor, will be able to demonstrate that you will not become a public charge. If this is not possible then you cannot adjust status, and you should consider moving back to your home country. The AOS financial requirements are pretty cut and dry.  I apologize, I am not trying to paint a bad  picture for you, but that is what it is.
     
    Hopefully your husband can find a job within the next two weeks.
     
    Good luck on your immigration journey, and Happy Holidays !!
  4. Like
    Pitaya got a reaction from little immigrant in What is the best way to handle this problem   
    We heard you twice the first time.
     
    The petitioner USC, your husband, is always the primary sponsor. That is how the AOS requirements are written. If the primary sponsor has to demonstrate that you will not become a public charge. You have to be financially stable enough to support yourself as a Legal Permanent Resident (LPR). If the primary sponsor does not have the financial capability, either through income or assets to meet this obligation, then you will have to seek other people to be a secondary sponsor, or sponsors, that in addition to the primary sponsor, will be able to demonstrate that you will not become a public charge. If this is not possible then you cannot adjust status, and you should consider moving back to your home country. The AOS financial requirements are pretty cut and dry.  I apologize, I am not trying to paint a bad  picture for you, but that is what it is.
     
    Hopefully your husband can find a job within the next two weeks.
     
    Good luck on your immigration journey, and Happy Holidays !!
  5. Like
    Pitaya got a reaction from Dashinka in What is the best way to handle this problem   
    We heard you twice the first time.
     
    The petitioner USC, your husband, is always the primary sponsor. That is how the AOS requirements are written. If the primary sponsor has to demonstrate that you will not become a public charge. You have to be financially stable enough to support yourself as a Legal Permanent Resident (LPR). If the primary sponsor does not have the financial capability, either through income or assets to meet this obligation, then you will have to seek other people to be a secondary sponsor, or sponsors, that in addition to the primary sponsor, will be able to demonstrate that you will not become a public charge. If this is not possible then you cannot adjust status, and you should consider moving back to your home country. The AOS financial requirements are pretty cut and dry.  I apologize, I am not trying to paint a bad  picture for you, but that is what it is.
     
    Hopefully your husband can find a job within the next two weeks.
     
    Good luck on your immigration journey, and Happy Holidays !!
  6. Like
    Pitaya got a reaction from ameksy in What is the best way to handle this problem   
    We heard you twice the first time.
     
    The petitioner USC, your husband, is always the primary sponsor. That is how the AOS requirements are written. If the primary sponsor has to demonstrate that you will not become a public charge. You have to be financially stable enough to support yourself as a Legal Permanent Resident (LPR). If the primary sponsor does not have the financial capability, either through income or assets to meet this obligation, then you will have to seek other people to be a secondary sponsor, or sponsors, that in addition to the primary sponsor, will be able to demonstrate that you will not become a public charge. If this is not possible then you cannot adjust status, and you should consider moving back to your home country. The AOS financial requirements are pretty cut and dry.  I apologize, I am not trying to paint a bad  picture for you, but that is what it is.
     
    Hopefully your husband can find a job within the next two weeks.
     
    Good luck on your immigration journey, and Happy Holidays !!
  7. Haha
    Pitaya got a reaction from Skpanda801 in Employment Authorization   
    FYI: You easily determine processing times of some common applications such as I-765 and I-131 by checking into your USCIS account, or the VJ stats: https://www.visajourney.com/times/. No one can accurately predict when you will actually get your document(s) in the mail, those stats can tell you the form submission dates that are currently being processed.
     
    BTW, If I could tell you exactly when you would actually get your document(s) in the mail, I would be selecting the next winning lottery numbers.....  
     
    Good luck on your immigration journey, and Happy Holidays !!
  8. Like
    Pitaya got a reaction from Juli. in What is the best way to handle this problem   
    We heard you twice the first time.
     
    The petitioner USC, your husband, is always the primary sponsor. That is how the AOS requirements are written. If the primary sponsor has to demonstrate that you will not become a public charge. You have to be financially stable enough to support yourself as a Legal Permanent Resident (LPR). If the primary sponsor does not have the financial capability, either through income or assets to meet this obligation, then you will have to seek other people to be a secondary sponsor, or sponsors, that in addition to the primary sponsor, will be able to demonstrate that you will not become a public charge. If this is not possible then you cannot adjust status, and you should consider moving back to your home country. The AOS financial requirements are pretty cut and dry.  I apologize, I am not trying to paint a bad  picture for you, but that is what it is.
     
    Hopefully your husband can find a job within the next two weeks.
     
    Good luck on your immigration journey, and Happy Holidays !!
  9. Thanks
    Pitaya got a reaction from waysoftheshadow in September 2019 AOS Filers   
    In your initial posting, you ask if anybody has researched the interim EAD card? it would seem that you are doing a great job of researching the topic. 👍  I read it, so this sounds like a memo about USCIS responses to CISOMB recommendations (#35) about extension of  I-765 EADs that have expired, and various ideas on how to make the process better. A couple of thoughts, first of all, there is no date on the document. It has to be a bit dated in that there is another new acting USCIS director, Cuccinelli (?) since the one mentioned on the response. Overall, it sounds like a lot of push-back by USCIS to the recommendations made by CISOMB,  and not much really agreed to, implemented, or changed. This reads like bureaucratic back-and-forth banter, with no substantive results or conclusions. Where's the summary or plan of action by USCIS?
     
    I generally applaud CISOMB's efforts in holding USCIS accountable for their miscues and misdeeds. We filed a claim with CISOMB about ROC adjudication times when we were in that phase of our journey back in 2012. In retrospect, I think that their intervention help get our case adjudicated at the CSC. However, as you can tell by the current logjam in ROC adjudication (as also with most of the other current common application adjudications), USCIS has done NOTHING much to improve the glacial pace of ROC adjudications (or any other of them, for that matter) since time. I would venture that the result is near the same for CISOMB recommendations #35 and EAD document improvement handling.
     
    All one has to do is look at the national news about USCIS. The BIG news being bantered about by the prez's hatchet-man acting director, Cuccinelli, is the trying to ram through some fairly massive, expensive, and exorbitant immigration fee increases, that seem to be getting stymied by the courts, and some activist groups. The other recent big push by the prez, by executive order, is the initiation of "enhanced" enforcement of immigration laws by CBP officers and ICE agents of foreign aliens, legal and illegal. Thusfar, I have heard about ICE agents swooping down on rural northern Minnesota egg farms, "cracking" down on illegal aliens working picking up eggs. Now, that has got to be some really dangerous illegal aliens picking eggs.... I think that the "yolk" is on us, the USCs. Though, also at the present time, it has been estimated that there is over a million case backlog in the immigration justice system. So, if you or your loved one is out of status for not filing their AOS application timely, and you are stopped by CBP officers at a roving checkpoint, and are detained, you could be spending some real "quality time" in a USCIS detention center. BTW, I understand that these detention centers are not anywhere near the level of accommodation as like "Club Fed" the minimum security prisons for white-collar or high-roller criminals. 
     
    I would say keep up the good research on the EAD expiration/extension issue you may find something that everyone can use to make the EAD process work better.  Additionally, consider posting your results in the Working and Traveling During US Immigration Forum, https://www.visajourney.com/forums/forum/115-working-amp-traveling-during-us-immigration/ . You would likely get a better size audience and better focused response than in a monthly AOS/EAD/AP thread buried in the AOS Progress forum.
     
    Good luck on your immigration journey, and Happy Holidays !!
  10. Like
    Pitaya got a reaction from Sam.az in September 2019 AOS Filers   
    In your initial posting, you ask if anybody has researched the interim EAD card? it would seem that you are doing a great job of researching the topic. 👍  I read it, so this sounds like a memo about USCIS responses to CISOMB recommendations (#35) about extension of  I-765 EADs that have expired, and various ideas on how to make the process better. A couple of thoughts, first of all, there is no date on the document. It has to be a bit dated in that there is another new acting USCIS director, Cuccinelli (?) since the one mentioned on the response. Overall, it sounds like a lot of push-back by USCIS to the recommendations made by CISOMB,  and not much really agreed to, implemented, or changed. This reads like bureaucratic back-and-forth banter, with no substantive results or conclusions. Where's the summary or plan of action by USCIS?
     
    I generally applaud CISOMB's efforts in holding USCIS accountable for their miscues and misdeeds. We filed a claim with CISOMB about ROC adjudication times when we were in that phase of our journey back in 2012. In retrospect, I think that their intervention help get our case adjudicated at the CSC. However, as you can tell by the current logjam in ROC adjudication (as also with most of the other current common application adjudications), USCIS has done NOTHING much to improve the glacial pace of ROC adjudications (or any other of them, for that matter) since time. I would venture that the result is near the same for CISOMB recommendations #35 and EAD document improvement handling.
     
    All one has to do is look at the national news about USCIS. The BIG news being bantered about by the prez's hatchet-man acting director, Cuccinelli, is the trying to ram through some fairly massive, expensive, and exorbitant immigration fee increases, that seem to be getting stymied by the courts, and some activist groups. The other recent big push by the prez, by executive order, is the initiation of "enhanced" enforcement of immigration laws by CBP officers and ICE agents of foreign aliens, legal and illegal. Thusfar, I have heard about ICE agents swooping down on rural northern Minnesota egg farms, "cracking" down on illegal aliens working picking up eggs. Now, that has got to be some really dangerous illegal aliens picking eggs.... I think that the "yolk" is on us, the USCs. Though, also at the present time, it has been estimated that there is over a million case backlog in the immigration justice system. So, if you or your loved one is out of status for not filing their AOS application timely, and you are stopped by CBP officers at a roving checkpoint, and are detained, you could be spending some real "quality time" in a USCIS detention center. BTW, I understand that these detention centers are not anywhere near the level of accommodation as like "Club Fed" the minimum security prisons for white-collar or high-roller criminals. 
     
    I would say keep up the good research on the EAD expiration/extension issue you may find something that everyone can use to make the EAD process work better.  Additionally, consider posting your results in the Working and Traveling During US Immigration Forum, https://www.visajourney.com/forums/forum/115-working-amp-traveling-during-us-immigration/ . You would likely get a better size audience and better focused response than in a monthly AOS/EAD/AP thread buried in the AOS Progress forum.
     
    Good luck on your immigration journey, and Happy Holidays !!
  11. Like
    Pitaya got a reaction from Sarge2155 in September 2019 AOS Filers   
    In your initial posting, you ask if anybody has researched the interim EAD card? it would seem that you are doing a great job of researching the topic. 👍  I read it, so this sounds like a memo about USCIS responses to CISOMB recommendations (#35) about extension of  I-765 EADs that have expired, and various ideas on how to make the process better. A couple of thoughts, first of all, there is no date on the document. It has to be a bit dated in that there is another new acting USCIS director, Cuccinelli (?) since the one mentioned on the response. Overall, it sounds like a lot of push-back by USCIS to the recommendations made by CISOMB,  and not much really agreed to, implemented, or changed. This reads like bureaucratic back-and-forth banter, with no substantive results or conclusions. Where's the summary or plan of action by USCIS?
     
    I generally applaud CISOMB's efforts in holding USCIS accountable for their miscues and misdeeds. We filed a claim with CISOMB about ROC adjudication times when we were in that phase of our journey back in 2012. In retrospect, I think that their intervention help get our case adjudicated at the CSC. However, as you can tell by the current logjam in ROC adjudication (as also with most of the other current common application adjudications), USCIS has done NOTHING much to improve the glacial pace of ROC adjudications (or any other of them, for that matter) since time. I would venture that the result is near the same for CISOMB recommendations #35 and EAD document improvement handling.
     
    All one has to do is look at the national news about USCIS. The BIG news being bantered about by the prez's hatchet-man acting director, Cuccinelli, is the trying to ram through some fairly massive, expensive, and exorbitant immigration fee increases, that seem to be getting stymied by the courts, and some activist groups. The other recent big push by the prez, by executive order, is the initiation of "enhanced" enforcement of immigration laws by CBP officers and ICE agents of foreign aliens, legal and illegal. Thusfar, I have heard about ICE agents swooping down on rural northern Minnesota egg farms, "cracking" down on illegal aliens working picking up eggs. Now, that has got to be some really dangerous illegal aliens picking eggs.... I think that the "yolk" is on us, the USCs. Though, also at the present time, it has been estimated that there is over a million case backlog in the immigration justice system. So, if you or your loved one is out of status for not filing their AOS application timely, and you are stopped by CBP officers at a roving checkpoint, and are detained, you could be spending some real "quality time" in a USCIS detention center. BTW, I understand that these detention centers are not anywhere near the level of accommodation as like "Club Fed" the minimum security prisons for white-collar or high-roller criminals. 
     
    I would say keep up the good research on the EAD expiration/extension issue you may find something that everyone can use to make the EAD process work better.  Additionally, consider posting your results in the Working and Traveling During US Immigration Forum, https://www.visajourney.com/forums/forum/115-working-amp-traveling-during-us-immigration/ . You would likely get a better size audience and better focused response than in a monthly AOS/EAD/AP thread buried in the AOS Progress forum.
     
    Good luck on your immigration journey, and Happy Holidays !!
  12. Haha
    Pitaya got a reaction from Greenbaum in Employment Authorization   
    FYI: You easily determine processing times of some common applications such as I-765 and I-131 by checking into your USCIS account, or the VJ stats: https://www.visajourney.com/times/. No one can accurately predict when you will actually get your document(s) in the mail, those stats can tell you the form submission dates that are currently being processed.
     
    BTW, If I could tell you exactly when you would actually get your document(s) in the mail, I would be selecting the next winning lottery numbers.....  
     
    Good luck on your immigration journey, and Happy Holidays !!
  13. Thanks
    Pitaya got a reaction from DeepakChani in Quickes   
    Count your blessings or burn some joss that they were able to find a time for you. It is highly likely that USCIS office staffing could be reduced due to the upcoming holiday. 
  14. Haha
    Pitaya got a reaction from Georgia16 in Employment Authorization   
    FYI: You easily determine processing times of some common applications such as I-765 and I-131 by checking into your USCIS account, or the VJ stats: https://www.visajourney.com/times/. No one can accurately predict when you will actually get your document(s) in the mail, those stats can tell you the form submission dates that are currently being processed.
     
    BTW, If I could tell you exactly when you would actually get your document(s) in the mail, I would be selecting the next winning lottery numbers.....  
     
    Good luck on your immigration journey, and Happy Holidays !!
  15. Like
    Pitaya reacted to Boiler in Employment Authorization   
    K1's can apply for EAD, not much point as it is good for 90 days and is taking 6 months or so to get it, maybe if you have a reason to expedite.
  16. Like
    Pitaya reacted to Georgia16 in Employment Authorization   
    That is really backwards. You do know the fee for the EAD had been waived if you had sent it with the AOS. Not even sure on what basic they will give you EAD when you are not AOS.
     
    @geowrian 
  17. Like
    Pitaya reacted to TBoneTX in Embassy wants us to pick up passports   
    Thread is locked -- OP has existing thread on this topic.
  18. Like
    Pitaya reacted to TBoneTX in Approval letter   
    Thread is locked -- OP has an existing thread on this topic in the K-1 Case Progress subforum.  Do not start any more fresh threads on this topic.
  19. Thanks
    Pitaya got a reaction from Precioussoul in Withdrawal of K1-visa   
    To avoid leaving and loose ends should the two of you choose to withdraw at this time, suggest that both of you be sure to write explanatory letters, with DOS casefile number and USCIS receipt number to the Montreal consulate and to the USCIS service center that approved the F-129F visa petition.
  20. Haha
    Pitaya got a reaction from Greenbaum in Do I need to attatch an I-94 form for the k1 Visa?   
    https://i94.cbp.dhs.gov/I94/#/home?utm_source=google&utm_medium=google&utm_term=(not provided)&utm_content=undefined&utm_campaign=(not set)&gclid=undefined&dclid=undefined&GAID=1866669857.1576786935
     
    Found through a simple, easy Google search. Google can also be your friend. 
  21. Like
    Pitaya got a reaction from NikLR in Withdrawal of K1-visa   
    To avoid leaving and loose ends should the two of you choose to withdraw at this time, suggest that both of you be sure to write explanatory letters, with DOS casefile number and USCIS receipt number to the Montreal consulate and to the USCIS service center that approved the F-129F visa petition.
  22. Like
    Pitaya got a reaction from little immigrant in Withdrawal of K1-visa   
    To avoid leaving and loose ends should the two of you choose to withdraw at this time, suggest that both of you be sure to write explanatory letters, with DOS casefile number and USCIS receipt number to the Montreal consulate and to the USCIS service center that approved the F-129F visa petition.
  23. Like
    Pitaya got a reaction from debbiedoo in Can I use my Driver's License instead?   
    Time to do some reading? 
  24. Like
    Pitaya reacted to debbiedoo in Can I use my Driver's License instead?   
    Better safe than sorry. Carry a COPY of your NOA1 and copy of your passport. It is highly unlikely you will ever need it. Should you though, you have the copy while your spouse can retrieve the original. If you live in a border state, as mentioned, keep the originals with you.
  25. Thanks
    Pitaya got a reaction from Gasolina424 in Change of address and K1 AOS   
    File your AOS/EAD/AP (I-485/I-765/I-131) as soon as possible. Processing times are quite protracted at this time, may as well get your paperwork submitted ASAP.
     
    There constantly seem to be horror stories about fouled up Change of Addresses (COA) and lost USCIS mail. One thing that you should bear in mind is that not only should you do a proper COA with USCIS, but also USPS, https://www.uscis.gov/addresschange . Many folks tell the agency that is working on your applications, but neglect to tell the delivery service of the COA..... OOPS!!  Possibly setting yourself up for misaddressed and mis-delivered, and mail returned to sender....
     
    Good luck on your immigration journey, and Happy Holidays!!
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