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grrrrreat

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  1. Like
    grrrrreat got a reaction from Nica_In_Love in New or Old Passport Information on DS-126?   
    Put the newer passport with the longer expiration date, and bring that passport to put the visa in--why would you do it the other way around? In his country, is the old passport even valid anymore? Most countries void the old passport or make you turn it in.
  2. Like
    grrrrreat got a reaction from Kathryn41 in Help! Tourist Visa Cancelled   
    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.
  3. Like
    grrrrreat got a reaction from Krikit in Help! Tourist Visa Cancelled   
    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.
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