grrrrreat

Here's one very URGENT question to consult.

My I-94 is gonna expire in 3 weeks. I'm afraid to run out of status. Usually how long does it take to receive NOA1 once I filed I-130&485 forms? If I received NOA1 AFTER my I-94 expiration date, Does that mean I overstayed illegally?

Urgently! Thank you

Did you already send the AOS packet? The NOA1 will be dated on the date the AOS packet was accepted, not the date you receive it in the mail. As long as the AOS packet is received and accepted before the expiration of your current status, you won't overstay.

Yes, I wrote the wrong category. I was moved to the F2B category, so now I guess I have to go back to school so I can stay legal and get to work after another two years of school. Thank you for your help, it was greatly appreciated.

Is your mother eligible to become naturalized. You would then convert to F1 and the priority dates are becoming available somewhat sooner than for F2B.

Hi everyone. This is my first post so I apologize if it's too long.

I live in Canada. I met a girl, on-line. Long story short.....we are in love. Don't laugh or scoff...it happens. Sooo, here's the dilema, Where do I start? I am going to move to the states to be with her. That's not really open for discussion. We may move back to Canada in the near future, but for the time being I have to figure out how to be with her. I have no degree. I have been working in the mining exploration field most of my life. I'm a driller, but I have numerous certifications and qualifications. I need to work..for my own pride and for the money. I have no criminal record and I hold a valid passport. There are so many questions I need answered that it's overwhelming me a little. I guess the most important one is...Where do I start?... because I don't have a clue and maybe if I can wrap my brain around the answer to that one, the million other ones will seem less imposing. Any advice would be appreciated...but please don't bother judging me on the whole internet thing because it's a done deal.

To be honest, I would put the immigration process out of your head a little while and concentrate on your relationship. You are putting the immigration cart before the relationship horse. For instance, you say you are going to move to the states to be with her, but do you intend to marry her? That is important because spouses and fiancees can qualify for immigrant visas, but people who merely intend to live together or to date cannot. If you are not prepared to marry her yet, you may have to be content with visiting her for now, until your intentions become clearer with regard to marriage. Canadians can enter the United States temporarily without a visa, but generally cannot work here unless they qualify for some kind of visa that allows employment (the tourist visa does not).

There is a chance you could qualify for an employment visa that allows you to work and live in the United States without marrying her, but this process can be complicated and may require that a U.S. company be willing to support your application. So, I would start thinking about whether you want to marry her before you start investigating your immigration options.

Im a US citizen and my fiancée is based in the Philippines. She has a tourist visa multipke entry to the US. Our plan is to have church wedding in the Phil's. By January 2013. After reading and researching on different visa options it seems like fiancée visa is the faster one. We are still considering the church wedding so I checked the spouse visa: is it possible that she will come here as a tourist then we will get married and she will go home and I'll file the spouse visa? Or I'll go home within this year get married in the Phil's. And file spouse visa.

Generally, the IR-1 (spousal visa) and K-1 (fiancee visa) are on very similar timelines as far as getting you into the United States. The only problem is if you seek a K-1 and then get married outside of the United States, as you will have to withdraw your K-1 and start over with the CR-1. (In addition, if the K-1 is issued, but you get married outside of the United States before traveling to the U.S., the K-1 will be void and you won't be able to travel on it. A K-1 is only for getting married in the United States.) Many people prefer getting married and seeking the CR-1 instead of the K-1, as the CR-1 comes with an automatic green card upon entry and under the K-1 you have to adjust status to obtain a green card once you are married (which takes time and money).

There is no rule against getting married in the United States while traveling on a tourist visa (B1). There is a rule against entering on a B1 with the intent to immigrate (i.e., stay permanently). In fact, many people have been denied entry under a B1 if they are married or intend to marry a U.S. citizen, as the border official will suspect that you intend to stay once married. Be prepared to show that you do not intend to stay in the United States (including ties to the country of origin).

Also, still others enter the U.S. on a tourist visa, get married, and then try to adjust status to legal permanent residency. Again, there is no rule against this. There is a rule against entering the U.S. on a tourist visa with the intent to stay, so be prepared to explain how you entered without the intent to immigrate but then later decided to stay.

You can't enter on the VWP "to look for work". In fact, you may be denied entry on the VWP if the border official decides you have an intent to immigrate (marriage to U.S. citizen in U.S. and intent to look for work certainly qualify)!

Even if you use another passport to enter the U.S., I am guessing your name and other biographical information will be flagged as a CR-1 beneficiary, so be prepared to demonstrate that you lack the intent to immigrate to the U.S. when traveling under the VWP.

Hi,

First time poster here. Not a potential immigrant, just a U.S.-based lawyer with an interest in immigration law. (Disclaimer: I do not represent anyone on this site, nor am I providing advice or a legal opinion to anyone on this site.)

I am not as pessimistic as others who are posting here. Section 214(b) is cited when the non-immigrant visa applicant fails to overcome the presumption of intent to immigrate. The CO did not deny on the basis of misrepresentation, nor did the CO appear to apply a misrepresentation bar (even if the CO reasonably suspected misrepresentation under the somewhat implausible circumstances described by the original poster). The remaining term of the B1 may have been cancelled simply because the poster is now married, and therefore can no longer overcome the section 214(b) presumption.

This doesn't necessarily mean the poster does not qualify for a IR-1 or other immigrant visa, although I agree that the poster may have difficulties given these circumstances. It may depend on how much the CO documented in the poster's file and whether the CO who adjudicates any new petition is as suspicious.

The lesson of this post should be, do not take actions showing an intent to immigrate (like marry a U.S. citizen in the U.S.) while traveling on a non-immigrant visa and expect to be able to return to the U.S. on a non-immigrant visa. If you do take such an action (like get married), and want to immigrate, do not leave the U.S. before adjusting your status and receiving advance parole or the green card.