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jaycali

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  1. Like
    jaycali got a reaction from user19000 in Will divorce wife soon wish to withdraw the i751 petition that removes conditional residence any chance she can defend her case   
    I wouldn't be happy if I woke up one morning and found out my wife was in Mexico without my knowledge - But she wouldn't have broken any law. This is a free country, an adult does not need consent from anyone to travel.
    This is an immigration forum and not a marriage forum, thus the advise given to the OP is given in the context of immigration law. An adult is free to pack up their bags and leave if they so please. It may not be good ethics, but it is not a violation of any sentence in the INA. In other words, without proof of fraud, this is a divorce issue to the OP, not an immigration issue.
    No one enjoys a failed marriage, but reality is, it happens to nearly half of all marriages. The vast majority of divorces have nothing to do with fraud, and everything to do "common" marital issues.
  2. Like
    jaycali got a reaction from user19000 in VAWA DENIED   
    It sounds to me like they think you entered into a marriage to get a green card, and then tried to claim abuse in order to divorce and stay in the country unmarried. If that sticks, you'll be deported.
    Did you and your husband have any Co-mingling of finances other than mortgages or bank accounts? Car? Insurance?
    Did you submit photos from various different occasions and seasons? 10 photos from Thanksgiving won't do you any good. They'll think its staged. One from Thanksgiving, one from xmas, one from Romania, one from the summer, one from a vacation etc. is much much better because they won't believe they're all staged. If submitting photo evidence, make sure you can tell they were taken at very different times, and in very different situations.
    Do you have chat logs to go with the emails? Maybe a sworn affidavit or two from people who know you and your situation?
  3. Like
    jaycali got a reaction from Darnell in Info on denial for spousal visa   
    There have been stories of cases where one spouse is Moroccan and the case has been denied in Casablanca. You might be able to get more relevant information in the MENA forum here MENA = Middle East, North Africa).
    Most cases I've seen denied on this website have been where the Moroccan male is significantly younger than the American female, and/or the couple has only met on a very limited number of occasions prior to the marriage. These are both big red flags to the consular officers in Casablanca. Generally, keep in mind that the COs look for things out of the ordinary.. Factors that are not typically "socially acceptable" in the US and/or Morocco. They don't deny people for fun, but they do have the challenge of having to make a subjective decision, in a limited amount of time, based on the facts presented to them. Morocco is generally considered a "high fraud" country.
    I have also seen a few Moroccans denied for misrepresentation - A common one is where the beneficiary has previously applied for a tourist visa, and indicated they were married on their application form (to create a "tie" to Morocco), and then it was found out at the spousal visa interview that they weren't married at that time.
    This being said, I like to believe that as long as your marriage is bona fide, and there is reasonable evidence to support this, you'll be fine.
  4. Like
    jaycali got a reaction from Davidor in 3 Marriages is that a problem?   
    No one has ever been denied a visa because they were married 2 times before. The USCIS and embassy's job is not to determine what a likely outcome of the marriage is, but whether a bona fide marriage exists now. In essence, they care about two things, and two things only: 1. Is the marriage legal according US federal law? And 2. Was the marriage entered into in good faith? If those two are true, visa granted. It does not matter if she was married 48 times in a span of 5 years - if the current marriage is bona fide and legal, no problem.
    However, multiple past marriages can make the burden of proving a bona fide marriage tougher, and as far as I know, in the PI make the burden of proving a legal marriage tougher. Make sure she was 100% free to marry when she got married to the USC. There have been countless stories of filipino spouses who thought they were free to marry, but weren't.
  5. Like
    jaycali reacted to Villanelle in Living separate as conditional LPR   
    Both CA and Hawaii are no fault divorce states. That basically means you cant say the marriage broke up because one person did something wrong, but rather you broke up because of differences. In each one you have to live there for at least 6 months before filing- so if youre going to file youd need to obtain a DL in CA as soon as you get there. If your spouse is going to file in HI then she would meet that requirement there.
    In HI its either a 2 yr separation OR you both testify that you have differences that you cant work out and then you dont need the 2yr separation. In HI you can split and negotiate your assets and property yourself before hand and submit a settlement with your divorce and the judge can approve it- or you can argue for months in court and let the judge rule in the end. In CA its a community property state. This means that any income earned by either spouse during the marriage, and all property bought with those earnings, are considered marital property that is owned equally by each spouse or partner. At divorce, the property is divided equally between the spouses or partners.
    So its going to be your choice where you want the divorce to be- if you go that route.
    ------
    If you decide not to divorce- re-immigration, well you have a conditional GC. You moved to CA for a job for 6 months and your wife stayed in HI. Its not a big deal. She just chose not to accompany you. If you did get back together after the 6 months, you would present it as a temporary work mandated move. You can have separate residences like that during the conditional period with out it negatively impacting your ROC. (You may have a joint ROC interview when the time comes, or you may not) I really wouldnt stress about it now. If you did get back together though I would make sure to purposely gather ALOT of evidence when you do reconcile for ROC, like a joint lease and accounts and pictures to round out the packet because of that 6 month period you had a separate residence.
    ------
    What you need to be careful with here, since it seems you have an amicable relationship with your spouse, you should discuss this with her- is probably going to be the date of separation on the divorce papers. Thats something the USCIS is going to look at. They are going to look at how long you were married and when you separated. Divorces can take a long time to process. Sometimes people dont file right away for whatever reasons (money) But pretty much the marriage is over on the date you separated, not the date you filed or the date it became finalized.
    So thats how they are going to judge your marriage. If you were married 6 months and then got your GC and then 2 months later you separated and then 6 months after that she filed for divorce... well technically you could argue you were married over a year and then divorce was filed, but all USCIS is going to see is 2 months after the card was issued you separated.
    However if you put your date of separation as 8 months after the card was issued- that changes things. The date that you and your wife decide to put on your divorce papers is a personal decision. It would have to be the truth. So at some point youre going to have to come up with the exact date that you two decided youre not "together" any more. It kind of seems like your wavering in your posts about are we separated physically/emotionally- we dont want to sign it
    So I would suggest you think about that and perhaps discuss it with her.
  6. Like
    jaycali reacted to canadian_wife in B1   
    You posted this in the tourist visa section so I assume you mean petition for a tourist visa? No one can petition any another person for a tourist visa. The applicant needs to qualify on his/her own merits
    Can you petition your father-in-law for an immigrant visa? No
    good luck
  7. Like
    jaycali got a reaction from Brother Hesekiel in two questions   
    First of all, as long as you stay less than 6 months, don't go on a crime spree and don't work, nothing you do will affect your K-1 application. You can stay 5 months and 29 days and it will have no impact on the K-1. You are allowed to stay for 6 months, and you are allowed to change your mind/plane ticket - So long as you leave before the date on your I-94, you are legally in the US.
    Now, as far as returning on a tourist visa while the K-1 process is ongoing, this can be tricky. The CBP doesn't care about the length of time you are staying, what you're doing etc. They care about three things:
    1. Your intentions are to enter for visit or tourism purposes only.
    2. You have not previously abused your visa, and you will not abuse it this time either.
    3. You do not have a criminal record.
    If all those three are true, CBP will allow you to inhale the fresh scent of free American air on the other side of the immigration line.
    However - It is your responsibility to satisfy the CBP that the above mentioned is true. If the CBP is not satisfied that you'll return home, i.e. they think it's more likely that you'll quickly marry your fiancee and choose to change your mind, you will be put on a plane back to the motherland. As long as they don't catch you lying, this still won't affect your K-1 application one bit.
    Staying for long periods of time, going home for a short period, and then returning soon thereafter sends a strong message to the CBP that you're not a genuine visitor, but rather de facto living in the US. If you stay for 6 months, and then return, expect to be asked a barrage of questions ranging from how you finance your trips, to questions about your current relationship and K-1 process. If you stay for 2 months this time, and return after 2 months for another 2 months, you may be fine, but this is very individual and to an extent country specific (I did that once back in the day, and ended up in secondary.. Was eventually let in). Every entrant is treated individually. My advice is to limit your visits to 2 moths at a time, spend at least as much time outside the US as you spend in the US, and bring evidence of ties to your home country. for example, if you work, bring an employer letter stating when they expect you to return to work. If you're in college, bring some sort of document showing when you expect to return to classes.
    And yes, if you already have a valid multiple entry visa firmly stamped in your passport, you don't have to apply for anything. Buy a plane ticket and hop on the plane.
  8. Like
    jaycali got a reaction from MrsB2012 in VWP Multiple Entry #3253209   
    Every time you enter, and the CBP scans your passport, they can see when you entered last. And before that. And before that. They can also see that each time you've entered, you've left on time. That's what the VWP is for. The US wants visitors. The US needs visitors. The CBP is not there to turn visitors away. If the CBP started turning Japanese tourists away in large numbers at Honolulu airport, I'd be unemployed right now and so would half this city. Actually, this entire state would be completely and utterly bankrupt, and the CBP at Honolulu airport wouldn't even have jobs themselves. The more visitors, the better. The US spends billions of dollars annually to attract visitors. The CBP's only job is to make sure that the people who come here 1. Are the people they say they are, and 2. Have the appropriate visa/travel document for whatever they plan to do in the US. They don't care how often you enter. They care that you don't work illegally, that you're not dangerous and they care that you don't overstay.
    From a logical viewpoint:
    No Dutch person comes to the US to work illegally for 6, 12 or 9 days and then leave. Likewise, you haven't overstayed before, why suspect you of overstaying this time? Take a deep breath, you're fine.
  9. Like
    jaycali got a reaction from Asia in Possible Denial of Entry   
    Do they both live in the Philippines?
    It's normal for an expat American to wish to bring his foreign wife to visit his country. I would bring any proof showing 1. the USC's ties to the PI, and then 2. Anything showing the wife's ties to the PI.
    Bring evidence of the USC's job in the PI. Bring his PI passport just in case (shows he can legally reside there).
    Does she have a job or business there?
    Do they own a home or car there?
    They're not trying to turn people away at the POEs, their job is to make sure that the people who show up with tourist visas are actually intending to return home.
  10. Like
    jaycali got a reaction from Penguin_ie in Possible Denial of Entry   
    Do they both live in the Philippines?
    It's normal for an expat American to wish to bring his foreign wife to visit his country. I would bring any proof showing 1. the USC's ties to the PI, and then 2. Anything showing the wife's ties to the PI.
    Bring evidence of the USC's job in the PI. Bring his PI passport just in case (shows he can legally reside there).
    Does she have a job or business there?
    Do they own a home or car there?
    They're not trying to turn people away at the POEs, their job is to make sure that the people who show up with tourist visas are actually intending to return home.
  11. Like
    jaycali got a reaction from TJandKC in Advice on paths to get visa   
    The legal rationale behind that is very logical. Most VWP travelers who are denied entry are denied because they cannot overcome the "presumption of immigrant intent." The CBP is required by law to assume any person landing at a US airport to be an intending immigrant until satisfied otherwise. Immigrant intent is very difficult to prove, but they can turn you away with just a presumption. This is why frequent travelers (while legal) often do face problems with the CBP.
    Having a presumption of immigrant intent on your record will have you barred from using the VWP, and a difficult time getting a non-immigrant visa again. Since a CR-1 visa is an immigrant visa it is expected that you have immigrant intent. You cannot be denied an immigrant visa because you intend to immigrate. So a previous denied entry for immigrant intent is completely irrelevant to the application.
    Good luck, and have a smooth journey!
  12. Like
    jaycali got a reaction from NikLR in Advice on paths to get visa   
    I traveled to the US 4 times after the wedding, 3 times after filing the I-130 for CR-1. Had no problems what so ever.
    Keep in mind that plenty of Norwegian offshore workers do what you do - They have vacation homes in Spain, Thailand, Florida etc. that they travel to on their month off. It's generally not a problem - You make good money, and you have a lot of time off. You're not seen as a likely overstayer or illegal worker. Have you encountered any problems with the CBP so far?
    You've obviously entered a lot, but you also have a track record of leaving on time. That's really what they look at.. 1. Are you a risk of working illegally, and 2. Are you a risk of overstaying. In my opinion, your track record speaks for itself. You have a stable job, good income, and it makes sense why you have so much time to travel. In addition, you have entered plenty, and never overstayed. I don't foresee any major problems if you keep using the VWP. Also, a denied entry on the VWP will have no bearing on your ability to apply for a CR-1 visa later.
    Also keep in mind that it is a requirement in order to maintain your permanent resident status that you actually reside in the US. Depending on how much you're working in Norway, you may face problems maintaining your US resident status. As far as what you're doing now, the VWP is the most appropriate way to do it. If you gain resident status in the US, you also have to file taxes in the US, and may be taxed on your Norwegian income, both by Norway, the US and Oregon.
    Yes, if you go the K-1 route, you will not be able to leave the US for at least 2 - 3 months. The embassy in Oslo are generally very helpful with advice, but as you know, they cannot guarantee entry - the CBP admits people, not the embassy.
  13. Like
    jaycali got a reaction from TBoneTX in Advice on paths to get visa   
    I traveled to the US 4 times after the wedding, 3 times after filing the I-130 for CR-1. Had no problems what so ever.
    Keep in mind that plenty of Norwegian offshore workers do what you do - They have vacation homes in Spain, Thailand, Florida etc. that they travel to on their month off. It's generally not a problem - You make good money, and you have a lot of time off. You're not seen as a likely overstayer or illegal worker. Have you encountered any problems with the CBP so far?
    You've obviously entered a lot, but you also have a track record of leaving on time. That's really what they look at.. 1. Are you a risk of working illegally, and 2. Are you a risk of overstaying. In my opinion, your track record speaks for itself. You have a stable job, good income, and it makes sense why you have so much time to travel. In addition, you have entered plenty, and never overstayed. I don't foresee any major problems if you keep using the VWP. Also, a denied entry on the VWP will have no bearing on your ability to apply for a CR-1 visa later.
    Also keep in mind that it is a requirement in order to maintain your permanent resident status that you actually reside in the US. Depending on how much you're working in Norway, you may face problems maintaining your US resident status. As far as what you're doing now, the VWP is the most appropriate way to do it. If you gain resident status in the US, you also have to file taxes in the US, and may be taxed on your Norwegian income, both by Norway, the US and Oregon.
    Yes, if you go the K-1 route, you will not be able to leave the US for at least 2 - 3 months. The embassy in Oslo are generally very helpful with advice, but as you know, they cannot guarantee entry - the CBP admits people, not the embassy.
  14. Like
    jaycali got a reaction from TJandKC in Advice on paths to get visa   
    I traveled to the US 4 times after the wedding, 3 times after filing the I-130 for CR-1. Had no problems what so ever.
    Keep in mind that plenty of Norwegian offshore workers do what you do - They have vacation homes in Spain, Thailand, Florida etc. that they travel to on their month off. It's generally not a problem - You make good money, and you have a lot of time off. You're not seen as a likely overstayer or illegal worker. Have you encountered any problems with the CBP so far?
    You've obviously entered a lot, but you also have a track record of leaving on time. That's really what they look at.. 1. Are you a risk of working illegally, and 2. Are you a risk of overstaying. In my opinion, your track record speaks for itself. You have a stable job, good income, and it makes sense why you have so much time to travel. In addition, you have entered plenty, and never overstayed. I don't foresee any major problems if you keep using the VWP. Also, a denied entry on the VWP will have no bearing on your ability to apply for a CR-1 visa later.
    Also keep in mind that it is a requirement in order to maintain your permanent resident status that you actually reside in the US. Depending on how much you're working in Norway, you may face problems maintaining your US resident status. As far as what you're doing now, the VWP is the most appropriate way to do it. If you gain resident status in the US, you also have to file taxes in the US, and may be taxed on your Norwegian income, both by Norway, the US and Oregon.
    Yes, if you go the K-1 route, you will not be able to leave the US for at least 2 - 3 months. The embassy in Oslo are generally very helpful with advice, but as you know, they cannot guarantee entry - the CBP admits people, not the embassy.
  15. Like
    jaycali got a reaction from JohnR! in VWP Multiple Entry #3253209   
    Every time you enter, and the CBP scans your passport, they can see when you entered last. And before that. And before that. They can also see that each time you've entered, you've left on time. That's what the VWP is for. The US wants visitors. The US needs visitors. The CBP is not there to turn visitors away. If the CBP started turning Japanese tourists away in large numbers at Honolulu airport, I'd be unemployed right now and so would half this city. Actually, this entire state would be completely and utterly bankrupt, and the CBP at Honolulu airport wouldn't even have jobs themselves. The more visitors, the better. The US spends billions of dollars annually to attract visitors. The CBP's only job is to make sure that the people who come here 1. Are the people they say they are, and 2. Have the appropriate visa/travel document for whatever they plan to do in the US. They don't care how often you enter. They care that you don't work illegally, that you're not dangerous and they care that you don't overstay.
    From a logical viewpoint:
    No Dutch person comes to the US to work illegally for 6, 12 or 9 days and then leave. Likewise, you haven't overstayed before, why suspect you of overstaying this time? Take a deep breath, you're fine.
  16. Like
    jaycali got a reaction from Asia in AOS Denied for Filing Late (K3 Visa)   
    I would start from scratch with adjustment of status. File the I-130/I-485 package as if it was the first time you filed. DO NOT HAVE HER LEAVE THE COUNTRY under ANY circumstance - She is out of status, and will likely trigger a 3 or 10 year bar from re-entry if she leaves. In which case no visa or petition will help.
    While she's not currently in the US legally, this will not matter when adjusting status.
    Your problem is that the underlying I-130 petition is no longer valid - This is the basis for any visa or adjustment of status. Without a valid I-130 petition, there is nothing to base neither a visa, nor an adjustment on. It would be like building a house in thin air - the I-130 is the ground that you build it on.
  17. Like
    jaycali got a reaction from Asia in VWP and US visa denied advice   
    I really sympathize with you in your current situation, and I am sorry that you are going through this.
    However,
    Whether US immigration laws are fair or unfair really is irrelevant to your question. Even if the laws are unfair, it doesn't change the fact that the consular staff at the US embassy is required by law to follow those US immigration law when issuing visas. Pushing the law aside and granting a visa based on emotions or sympathy alone, is not only grounds for a CO's termination from his job, but also a felony.
    As far as visitor visas go, the reason for visiting is not important. They don't care whether you're visiting the US to go bird watching in Florida, surfing in Hawaii or visit your sick aunt in New Jersey. Or in your case visit your father who is battling cancer. It does not matter to immigration law. You may think of the consular officer as cold hearted, but the cold, hard truth is that unless the consular officer interviewing you believes that you'll return to Australia, no visa can be issued. In fact, he/she is prohibited by law to issue any non-immigrant visa to a person he/she has reason to believe won't return.
    In your case, the consular officer sees this: A young person with two parents in the US, and no strong ties to his/her home country.
    Instead of complaining about how unfair the laws might be, see this through the eyes of a consular officer. His/her job is to issue visas to legitimate visitors. His/her job hinges on his/her ability to make a subjective opinion about whether or not the person being interviewed is likely to remain in the US illegally, or return. He/she is required by law to assume that every applicant is an intending immigrant. It is the applicant's burden of proof to show that he/she is a legitimate visitor.
    Do you have a job in Australia? Do you own a home? Have a rental agreement? Own a car? Have a dog? Are you married? Your only option at this point is to re-apply for a B-2 visa. The VWP cannot be used once a visa has previously been denied. When you go to your visa interview, bring any and all documents you can think of that shows some tie to Australia.
    Best of luck to you.
  18. Like
    jaycali got a reaction from DebbyNSeyi in Have Received 10 years green card   
    I believe you. I believe that you received the green card from USCIS, and I also believe/know that they sent it to you by mistake. The USCIS does make mistakes. In your case, they clearly made a mistake.
    Telling the US Embassy in Jordan, and telling the USCIS are two very different things. The USCIS is an agency under the Department of Homeland Security. The US Embassy is a part of the Department of State. You're dealing with two different agencies in two different departments. The US government is made up of hundreds of different agencies under numerous different departments. Do not assume that they talk to each other.
    If you tell the US Embassy something, it does in no way mean that the USCIS knows. When you filed for an ROC divorce waiver, you told the USCIS this:
    1. You married a US citizen.
    2. You received a 2 year green card.
    3. You divorced, but your marriage was genuine.
    4. You want a 10 year green card.
    5. You're residing in the US.
    If all of the above is true, you're eligible for the 10 year green card. You don't need to tell them these things in person for it to be official. You tell them this simply by filling out the I-751 form and mailing it - In fact, that's the entire purpose of that form. The USCIS received your form, and approved it based on the facts you provided in the form. What you then told the US Embassy in Jordan is irrelevant - The US Embassy in Jordan has nothing to do with removal of conditions. Unless you actually went to the embassy in Jordan and told them specifically that you want to abandon your green card, the USCIS was probably never informed of your move. Again - No one at the embassy picked up the phone, dialed USCIS and said "Hey, this guy came in here and said he has moved to Jordan today. Put it in your system."
    The USCIS most likely never found out about your move, and approved your 10 year green card.
    Also remember, when you called the USCIS, you did not speak to an immigration officer. The person you spoke to was a contracted call-center phone operator. He/she is in no way a qualified decision maker in complex immigration matters.
    Here is what will happen when you get on a plane and fly to the US. You will enter the immigration line, show the CBP officer your passport and your green card. The CBP officer will wonder how long you've been outside the US for. When he finds out you've been outside the US for 4 years, your green card will be revoked. Why? Because a green card is for people who live in the US. When you move from the US for a longer period of time, the US considers your green card abandoned, whether you've voluntarily abandoned it or not.
    Don't ever assume that the USCIS knows what you've told the embassy. And don't ever assume that the embassy knows what the USCIS will say or do. Only assume two things..
    1. The USCIS does make mistakes, and
    2. They don't make exceptions for people who've received documents they weren't entitled to.
  19. Like
    jaycali got a reaction from Ivie & Eguagie in Have Received 10 years green card   
    Staying out of the country for prolonged periods of time is a ground for loss of permanent resident status, because you cannot be a permanent resident if you don't reside in the country. I'm sure people get away with it all the time - As with anything else. But that doesn't mean it's a good idea to try.
  20. Like
    jaycali got a reaction from Ivie & Eguagie in Have Received 10 years green card   
    I believe you. I believe that you received the green card from USCIS, and I also believe/know that they sent it to you by mistake. The USCIS does make mistakes. In your case, they clearly made a mistake.
    Telling the US Embassy in Jordan, and telling the USCIS are two very different things. The USCIS is an agency under the Department of Homeland Security. The US Embassy is a part of the Department of State. You're dealing with two different agencies in two different departments. The US government is made up of hundreds of different agencies under numerous different departments. Do not assume that they talk to each other.
    If you tell the US Embassy something, it does in no way mean that the USCIS knows. When you filed for an ROC divorce waiver, you told the USCIS this:
    1. You married a US citizen.
    2. You received a 2 year green card.
    3. You divorced, but your marriage was genuine.
    4. You want a 10 year green card.
    5. You're residing in the US.
    If all of the above is true, you're eligible for the 10 year green card. You don't need to tell them these things in person for it to be official. You tell them this simply by filling out the I-751 form and mailing it - In fact, that's the entire purpose of that form. The USCIS received your form, and approved it based on the facts you provided in the form. What you then told the US Embassy in Jordan is irrelevant - The US Embassy in Jordan has nothing to do with removal of conditions. Unless you actually went to the embassy in Jordan and told them specifically that you want to abandon your green card, the USCIS was probably never informed of your move. Again - No one at the embassy picked up the phone, dialed USCIS and said "Hey, this guy came in here and said he has moved to Jordan today. Put it in your system."
    The USCIS most likely never found out about your move, and approved your 10 year green card.
    Also remember, when you called the USCIS, you did not speak to an immigration officer. The person you spoke to was a contracted call-center phone operator. He/she is in no way a qualified decision maker in complex immigration matters.
    Here is what will happen when you get on a plane and fly to the US. You will enter the immigration line, show the CBP officer your passport and your green card. The CBP officer will wonder how long you've been outside the US for. When he finds out you've been outside the US for 4 years, your green card will be revoked. Why? Because a green card is for people who live in the US. When you move from the US for a longer period of time, the US considers your green card abandoned, whether you've voluntarily abandoned it or not.
    Don't ever assume that the USCIS knows what you've told the embassy. And don't ever assume that the embassy knows what the USCIS will say or do. Only assume two things..
    1. The USCIS does make mistakes, and
    2. They don't make exceptions for people who've received documents they weren't entitled to.
  21. Like
    jaycali got a reaction from MedRoni in Have Received 10 years green card   
    I believe you. I believe that you received the green card from USCIS, and I also believe/know that they sent it to you by mistake. The USCIS does make mistakes. In your case, they clearly made a mistake.
    Telling the US Embassy in Jordan, and telling the USCIS are two very different things. The USCIS is an agency under the Department of Homeland Security. The US Embassy is a part of the Department of State. You're dealing with two different agencies in two different departments. The US government is made up of hundreds of different agencies under numerous different departments. Do not assume that they talk to each other.
    If you tell the US Embassy something, it does in no way mean that the USCIS knows. When you filed for an ROC divorce waiver, you told the USCIS this:
    1. You married a US citizen.
    2. You received a 2 year green card.
    3. You divorced, but your marriage was genuine.
    4. You want a 10 year green card.
    5. You're residing in the US.
    If all of the above is true, you're eligible for the 10 year green card. You don't need to tell them these things in person for it to be official. You tell them this simply by filling out the I-751 form and mailing it - In fact, that's the entire purpose of that form. The USCIS received your form, and approved it based on the facts you provided in the form. What you then told the US Embassy in Jordan is irrelevant - The US Embassy in Jordan has nothing to do with removal of conditions. Unless you actually went to the embassy in Jordan and told them specifically that you want to abandon your green card, the USCIS was probably never informed of your move. Again - No one at the embassy picked up the phone, dialed USCIS and said "Hey, this guy came in here and said he has moved to Jordan today. Put it in your system."
    The USCIS most likely never found out about your move, and approved your 10 year green card.
    Also remember, when you called the USCIS, you did not speak to an immigration officer. The person you spoke to was a contracted call-center phone operator. He/she is in no way a qualified decision maker in complex immigration matters.
    Here is what will happen when you get on a plane and fly to the US. You will enter the immigration line, show the CBP officer your passport and your green card. The CBP officer will wonder how long you've been outside the US for. When he finds out you've been outside the US for 4 years, your green card will be revoked. Why? Because a green card is for people who live in the US. When you move from the US for a longer period of time, the US considers your green card abandoned, whether you've voluntarily abandoned it or not.
    Don't ever assume that the USCIS knows what you've told the embassy. And don't ever assume that the embassy knows what the USCIS will say or do. Only assume two things..
    1. The USCIS does make mistakes, and
    2. They don't make exceptions for people who've received documents they weren't entitled to.
  22. Like
    jaycali got a reaction from Asia in Have Received 10 years green card   
    Staying out of the country for prolonged periods of time is a ground for loss of permanent resident status, because you cannot be a permanent resident if you don't reside in the country. I'm sure people get away with it all the time - As with anything else. But that doesn't mean it's a good idea to try.
  23. Like
    jaycali got a reaction from Asia in Have Received 10 years green card   
    I believe you. I believe that you received the green card from USCIS, and I also believe/know that they sent it to you by mistake. The USCIS does make mistakes. In your case, they clearly made a mistake.
    Telling the US Embassy in Jordan, and telling the USCIS are two very different things. The USCIS is an agency under the Department of Homeland Security. The US Embassy is a part of the Department of State. You're dealing with two different agencies in two different departments. The US government is made up of hundreds of different agencies under numerous different departments. Do not assume that they talk to each other.
    If you tell the US Embassy something, it does in no way mean that the USCIS knows. When you filed for an ROC divorce waiver, you told the USCIS this:
    1. You married a US citizen.
    2. You received a 2 year green card.
    3. You divorced, but your marriage was genuine.
    4. You want a 10 year green card.
    5. You're residing in the US.
    If all of the above is true, you're eligible for the 10 year green card. You don't need to tell them these things in person for it to be official. You tell them this simply by filling out the I-751 form and mailing it - In fact, that's the entire purpose of that form. The USCIS received your form, and approved it based on the facts you provided in the form. What you then told the US Embassy in Jordan is irrelevant - The US Embassy in Jordan has nothing to do with removal of conditions. Unless you actually went to the embassy in Jordan and told them specifically that you want to abandon your green card, the USCIS was probably never informed of your move. Again - No one at the embassy picked up the phone, dialed USCIS and said "Hey, this guy came in here and said he has moved to Jordan today. Put it in your system."
    The USCIS most likely never found out about your move, and approved your 10 year green card.
    Also remember, when you called the USCIS, you did not speak to an immigration officer. The person you spoke to was a contracted call-center phone operator. He/she is in no way a qualified decision maker in complex immigration matters.
    Here is what will happen when you get on a plane and fly to the US. You will enter the immigration line, show the CBP officer your passport and your green card. The CBP officer will wonder how long you've been outside the US for. When he finds out you've been outside the US for 4 years, your green card will be revoked. Why? Because a green card is for people who live in the US. When you move from the US for a longer period of time, the US considers your green card abandoned, whether you've voluntarily abandoned it or not.
    Don't ever assume that the USCIS knows what you've told the embassy. And don't ever assume that the embassy knows what the USCIS will say or do. Only assume two things..
    1. The USCIS does make mistakes, and
    2. They don't make exceptions for people who've received documents they weren't entitled to.
  24. Like
    jaycali got a reaction from Krikit in B-2 visa CHANCES   
    Congrats!!!!
    In a way, a tourist visa works much like a credit card. You may be given a €200 limit the first year. When you've showed that you pay on time, they may extend it to €500, €1,000 and so forth. As long as you abide by the visa requirements, you should have no problem getting a visa next time either
    0789: This is a prime example of why following your advice is a bad idea. If the OP was given a 6 month visa based on a "planned 5 day trip" - And ended up extending his stay after entry for a long time. What do you think will happen in a year when he applies for another visa?
    "Oh, you told us 5 days, but stayed for 5 months?" Denied. Not because he did anything illegal per se, but because his credibility is shot.
    As a side note: Planning for 5 days, but staying for 10 days isn't a big deal. But case in point, be honest. Don't do anything "smart" because it may help you short term, it will always bite you in the a$$ later.
  25. Like
    jaycali got a reaction from N-o-l-a in WVP Entry vs K-1 Entry   
    I know exactly what you mean. I've been there. This is a very long process and a patience tester. But when a petition is filed, it is processed, and it does lead to a visa.
    Clearing up the VWP confusion. Yes, there is such a process as adjustment of status from VWP to LPR based on marriage to a US citizen. There is also a fine line between what's fully legal, and what's very illegal.
    When you enter the US as a tourist (VWP or B-2 visa), you agree that your intent is to enter for a short trip, whether for visiting, tourism or business. You agree to this by default. In fact, if you tell the CBP officer on entry that "I intend to get married to my bf and adjust status" the CBP officer is required by law to send you on the next flight home. Why? Because you cannot enter on the VWP if you are not a legitimate tourist, and you are not a legitimate tourist if you intend to immigrate.
    So where's the fine line?
    It all boils down to intent on entry.
    Say you enter the US, planning to visit your boyfriend for 6 weeks. This is a 100% legitimate way to use the VWP. Your intent is to visit, and return home. No problem. The day after you arrive, your boyfriend gets on his knees and pulls out a diamond ring, and suggests you get married soon, and that you stay with him. Rather than having to go home and start a long visa process, the USCIS allows you to remain in the US while the case is handled.
    Nothing illegal here. You didn't lie to anyone. You were honest with the CBP when you told them your intent was to stay for 6 weeks and then go home.
    Now, why do some users here say this is fraud?
    Let's look at a slightly different scenario:
    You enter the US, planning to marry your boyfriend and stay in the US while the paperwork is handled. Knowing the CBP will send you home if you tell the truth, you tell the CBP officer "I plan to stay for 6 weeks, then return home." - This lie is material misrepresentation - One of the most serious crimes you can commit in immigration law. In plain English: Fraud. It carries a lifetime ban if caught and proven.
    In essence:
    - Arrive on the VWP, intending to go home, but deciding after entry to adjust status. LEGAL
    - Arrive on the VWP, intending to stay and adjust status, telling the CBP your intentions. DENIED ENTRY, BUT NOT FRAUD
    - Arrive on the VWP, intending to stay and adjust status, telling the CBP you intend to go home. ILLEGAL - FRAUD
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