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Hypnos

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  1. Like
    Hypnos got a reaction from Cathi in Process for getting married with a expired visa   
    https://www.visajourney.com/content/i130guide2
  2. Like
    Hypnos reacted to TBoneTX in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    Ben&Zian made this point earlier.
    Far too many K-1 couples fail to allocate dedicated funds in advance for the beneficiary's AOS.
    Something always comes up:  "our car broke down, we had to move apartments, yak yak yak."
    There's a difference between what's urgent and what's important.  Budget in advance for both.
     
    Immigration status is deadly serious stuff.
    I took no chances with Mrs. T-B.'s relevant safety:  this thread talks about encountering CBP at TSA checkpoints but can also apply to police stops:
    http://www.visajourney.com/forums/topic/562879-cbp-at-tsa-airport-checkpoints-why-theyre-there-how-best-to-handle/#entry7784682
     
    Perhaps the overarching lesson is to become a knowledgeable student of the entire immigration process, through naturalization.
     
    A dependent lesson is to avoid undertaking the immigration process at all unless adequate funds will be available for each phase.  This includes the petitioner's having to appear at the beneficiary's second (Stokes) visa interview, as I and all of my contemporaries were ordered to do by the rogue, ####### Guayaquil consulate.  This unplanned, mandatory requirement cost each of us thousands of extra dollars in urgent travel expense, legal fees, and lost income.
     
    The legal-immigration process is not for the impatient, the unschooled, the careless, the blithe, or the financially insecure.  Some of these groups might be helped by the linked thread above.
  3. Like
    Hypnos got a reaction from In4theJourney in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    A K-1 can obtain an SSN immediately upon entry. They do not need an EAD until fewer than 14 days of validity remain on their I-94, at which point the SSA will require either an EAD or a green card before they will issue a number to a K-1.
     
    It's worth noting that a K-2 is not similarly immediately eligible for a SSN, and they always require either an EAD or a green card to be issued a SSN. 
  4. Like
    Hypnos got a reaction from olle in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    A K-1 can obtain an SSN immediately upon entry. They do not need an EAD until fewer than 14 days of validity remain on their I-94, at which point the SSA will require either an EAD or a green card before they will issue a number to a K-1.
     
    It's worth noting that a K-2 is not similarly immediately eligible for a SSN, and they always require either an EAD or a green card to be issued a SSN. 
  5. Like
    Hypnos got a reaction from Ernstella in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    Heh, I skimmed this thread earlier.
     
    I've banged this drum a lot. K-1s (or K-2s, or any other K) are not magically protected from detention and deportation just by being married to a US citizen. That was a popular misconception that was doing the rounds here on VJ (and to be fair, other places too) a few years ago. But yes, this post is another reminder, if one was necessary, that as soon as a K-1's I-94 expires then they are unlawfully present in the US and are subject to arrest and removal by ICE, regardless of their marital status. It's correct that there is no deadline to file for AoS, but once that I-94 expires, you're deportable. Period.
     
    Hopefully the OP can get it all straightened out. It won't be cheap, easy, or pleasant, as they're discovering. And that's not to be glib, but it is something that every K holder should be aware of. Enter on your K-1. Get your SSN a couple of days later. Marry. File for AoS. Do not wait, if there is absolutely any alternative.
     
    I can understand in this situation that it wasn't entirely the OP's fault, but leaving things to the last minute is something you do have control over not doing.
  6. Like
    Hypnos got a reaction from janet3 in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    A K-1 can obtain an SSN immediately upon entry. They do not need an EAD until fewer than 14 days of validity remain on their I-94, at which point the SSA will require either an EAD or a green card before they will issue a number to a K-1.
     
    It's worth noting that a K-2 is not similarly immediately eligible for a SSN, and they always require either an EAD or a green card to be issued a SSN. 
  7. Like
    Hypnos got a reaction from Naes in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    Heh, I skimmed this thread earlier.
     
    I've banged this drum a lot. K-1s (or K-2s, or any other K) are not magically protected from detention and deportation just by being married to a US citizen. That was a popular misconception that was doing the rounds here on VJ (and to be fair, other places too) a few years ago. But yes, this post is another reminder, if one was necessary, that as soon as a K-1's I-94 expires then they are unlawfully present in the US and are subject to arrest and removal by ICE, regardless of their marital status. It's correct that there is no deadline to file for AoS, but once that I-94 expires, you're deportable. Period.
     
    Hopefully the OP can get it all straightened out. It won't be cheap, easy, or pleasant, as they're discovering. And that's not to be glib, but it is something that every K holder should be aware of. Enter on your K-1. Get your SSN a couple of days later. Marry. File for AoS. Do not wait, if there is absolutely any alternative.
     
    I can understand in this situation that it wasn't entirely the OP's fault, but leaving things to the last minute is something you do have control over not doing.
  8. Like
    Hypnos reacted to Crazy Cat in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    I NEVER advised anyone that they should not keep a copy of the NAO1.  They should.  It helps to show "authorized stay"........I think you should use correct terminology when speaking about immigration.....THAT was the point.
  9. Like
    Hypnos reacted to fip & jim in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    Unlawful presence for K1 is from the day they are out of status (I-94 expires) to becoming an adjustment of status applicant.
     
    It took 12 days for me to receive NOA after filing for AOS. Even filing on the 80th day after arrival would be cutting it fine in my opinion. In my case there would have been a 2 day period of overstay if I'd filed on day 80. 
     
    It is best to file ASAP to receive I-797C receipt notice as proof of filing. Personally, I keep all these documents in a fireproof safe, make copies, and note down all the reference numbers elsewhere. This is all accessible for me and husband, including a file we can access from our phones.
     
    You are advised to never carry your Social Security Number card on you. 
     
  10. Like
    Hypnos reacted to Crazy Cat in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    The I-94 states when a person is no longer in legal status.....fulfillment of the K-1 obligation to marry within 90 days and maintaining legal status are 2 separate entities.
     
    ANYONE who has stayed beyond their I-94 expiration date is subject to deportation......those who have filed an I-485 are given authorized stay.......
  11. Like
    Hypnos got a reaction from SalishSea in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    Heh, I skimmed this thread earlier.
     
    I've banged this drum a lot. K-1s (or K-2s, or any other K) are not magically protected from detention and deportation just by being married to a US citizen. That was a popular misconception that was doing the rounds here on VJ (and to be fair, other places too) a few years ago. But yes, this post is another reminder, if one was necessary, that as soon as a K-1's I-94 expires then they are unlawfully present in the US and are subject to arrest and removal by ICE, regardless of their marital status. It's correct that there is no deadline to file for AoS, but once that I-94 expires, you're deportable. Period.
     
    Hopefully the OP can get it all straightened out. It won't be cheap, easy, or pleasant, as they're discovering. And that's not to be glib, but it is something that every K holder should be aware of. Enter on your K-1. Get your SSN a couple of days later. Marry. File for AoS. Do not wait, if there is absolutely any alternative.
     
    I can understand in this situation that it wasn't entirely the OP's fault, but leaving things to the last minute is something you do have control over not doing.
  12. Thanks
    Hypnos got a reaction from yuna628 in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    Heh, I skimmed this thread earlier.
     
    I've banged this drum a lot. K-1s (or K-2s, or any other K) are not magically protected from detention and deportation just by being married to a US citizen. That was a popular misconception that was doing the rounds here on VJ (and to be fair, other places too) a few years ago. But yes, this post is another reminder, if one was necessary, that as soon as a K-1's I-94 expires then they are unlawfully present in the US and are subject to arrest and removal by ICE, regardless of their marital status. It's correct that there is no deadline to file for AoS, but once that I-94 expires, you're deportable. Period.
     
    Hopefully the OP can get it all straightened out. It won't be cheap, easy, or pleasant, as they're discovering. And that's not to be glib, but it is something that every K holder should be aware of. Enter on your K-1. Get your SSN a couple of days later. Marry. File for AoS. Do not wait, if there is absolutely any alternative.
     
    I can understand in this situation that it wasn't entirely the OP's fault, but leaving things to the last minute is something you do have control over not doing.
  13. Like
    Hypnos got a reaction from JunkTardis in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    Heh, I skimmed this thread earlier.
     
    I've banged this drum a lot. K-1s (or K-2s, or any other K) are not magically protected from detention and deportation just by being married to a US citizen. That was a popular misconception that was doing the rounds here on VJ (and to be fair, other places too) a few years ago. But yes, this post is another reminder, if one was necessary, that as soon as a K-1's I-94 expires then they are unlawfully present in the US and are subject to arrest and removal by ICE, regardless of their marital status. It's correct that there is no deadline to file for AoS, but once that I-94 expires, you're deportable. Period.
     
    Hopefully the OP can get it all straightened out. It won't be cheap, easy, or pleasant, as they're discovering. And that's not to be glib, but it is something that every K holder should be aware of. Enter on your K-1. Get your SSN a couple of days later. Marry. File for AoS. Do not wait, if there is absolutely any alternative.
     
    I can understand in this situation that it wasn't entirely the OP's fault, but leaving things to the last minute is something you do have control over not doing.
  14. Like
    Hypnos got a reaction from geowrian in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    Heh, I skimmed this thread earlier.
     
    I've banged this drum a lot. K-1s (or K-2s, or any other K) are not magically protected from detention and deportation just by being married to a US citizen. That was a popular misconception that was doing the rounds here on VJ (and to be fair, other places too) a few years ago. But yes, this post is another reminder, if one was necessary, that as soon as a K-1's I-94 expires then they are unlawfully present in the US and are subject to arrest and removal by ICE, regardless of their marital status. It's correct that there is no deadline to file for AoS, but once that I-94 expires, you're deportable. Period.
     
    Hopefully the OP can get it all straightened out. It won't be cheap, easy, or pleasant, as they're discovering. And that's not to be glib, but it is something that every K holder should be aware of. Enter on your K-1. Get your SSN a couple of days later. Marry. File for AoS. Do not wait, if there is absolutely any alternative.
     
    I can understand in this situation that it wasn't entirely the OP's fault, but leaving things to the last minute is something you do have control over not doing.
  15. Like
    Hypnos got a reaction from Naes in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    A K-1 can obtain an SSN immediately upon entry. They do not need an EAD until fewer than 14 days of validity remain on their I-94, at which point the SSA will require either an EAD or a green card before they will issue a number to a K-1.
     
    It's worth noting that a K-2 is not similarly immediately eligible for a SSN, and they always require either an EAD or a green card to be issued a SSN. 
  16. Like
    Hypnos reacted to Just Paul in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    There is no deadline to file .   But you are out of legal status until filed.  Yes people have taken months and even years to file AOS.  Again being here without legal status.
     
    If you got married on 2/23 you didn't have to have the 1099 to file until after 4/15.
     
    Your case is evidence of what can happen.  I'm sorry for your experience.
     
     
  17. Like
    Hypnos reacted to geowrian in PLEASE tell me what this means   
    Yes it is a denial. The visa was refused under INA 221(g). This is by far the most common reason for the refusal of an immigrant (or K) visa.
    The denial can be overcome...in this case by providing the requested documents and then they can complete the process to determine eligibility for the visa.
     
    Absolutely. They need the information in order to determine eligibility for the visa. If that information is not sufficient, then the visa can remain refused. If they discover any other reasons to be ineligible for the visa then they will refuse. If they discover any inadmissibility, they will refuse.
    One must be and remain eligible for the visa past the interview to be issued the visa, then remain so through POE to actually enter on the visa.
    Assuming the only issue is the missing documents & proper documents have been supplied, then the visa can be issued.
     
    The interview is when the application takes place (not just when you submit the DS-160). Just as an example, even somebody who is permanently barred from entry into the US with no waiver being possible (i.e. false claim to US citizenship, national security concerns, alien smuggling (non-IRs),  etc.) would undergo an interview before being refused the visa.
     
    As long as it takes to complete processing. With missing documents and no other concerns being discovered and with a background check that comes back quickly, likely somewhere in a couple weeks to a month. If other issues are found, they need to verify documents, etc. it could be longer.
    Some people have been in AP for months to years for background checks. There's literally no way to know beforehand where your case will fall. The vast majority are on the shorter side of things, but nobody can guarantee a timeline.
  18. Like
    Hypnos reacted to payxibka in PLEASE tell me what this means   
    You are wrong and you don't need to start over.  My fiancee received a 221g in January and received her Visa in late February 
     
    Of course they can still deny, If the information is deemed insufficient.  
  19. Like
    Hypnos reacted to Boiler in Please help clarify what to do about AOS off a visa waiver :-)   
    USCIS has no 90 day rule.
     
    There is a reason that VJ has a forum for people adjusting from visiting, not much point if you could not do it.
     
     
  20. Like
    Hypnos reacted to Crazy Cat in Please help clarify what to do about AOS off a visa waiver :-)   
    There are no benefits to delaying filing for adjustment of status after marriage to a US citizen.  When your I-94 expires, you will be out of legal status.....but filing the I-485 will give you "authorized stay" while your adjustment of status is pending.......the sooner you file the I-485, I-131, and I-765, the quicker you will emerge from the limbo status........
  21. Like
    Hypnos got a reaction from treppenwitz in DCF London (merged)   
    Yes, it's as simple as an I-130, a medical, and an interview. 
     
    Since this would be for an IR-1 immigrant visa, he would immediately become a permanent resident upon entering the US, with the ability to work and travel from day 1.
     
    The plastic green card would appear in the mail a couple of months after entry. 
     
    Keep in mind that an immigrant visa is valid for around six months upon issuance (technically six months from the date of the medical), so if he had a medical in, say, November, once issued his visa would be valid for his initial entry to the US until May 2020. And he could always just activate it by entering, then turn around and leave again for up to around a year to close up his UK affairs before his LPR status in the US would be threatened. 
  22. Like
    Hypnos got a reaction from treppenwitz in Passed N400 interview in March 2019, still waiting for Oath   
    You could ask one of your congressional representatives to enquire on your behalf to see what's going on. That might get something happening.
  23. Like
    Hypnos got a reaction from Crazy Cat in DCF London (merged)   
    Yes, this is exactly what that means. 
     
    If London still accepts I-130s, get yours in asap. Your husband would likely have his immigrant visa in his hands in ~2-3 months from the date of filing, compared to ~12-14 months under the usual method that everyone else must follow. 
  24. Like
    Hypnos reacted to JorJoe in Disaster in Today's Citizenship Interview   
    Hello everyone! 
     
    I have good news!, i just became an America Citizen, I couldn’t be more proud! 
     
    This visa journey was infact one of my best life achievements, i have asked the knowledge and help from all of you and always met with kindness and open arms, this achievement wouldn’t be without you, Thank you. 
  25. Like
    Hypnos got a reaction from NikLR in Using a tourist visa while in possession of a K-1 visa   
    Activating and endorsing an immigrant visa right away is not an issue. He can enter and depart the same day if he so wishes. Once endorsed, his immigrant visa is considered temporary proof of LPR status for up to one year, so he can freely enter on that until his actual plastic green card shows up in the mail. This is because he is considered an LPR immediately upon entry when entering on an immigrant visa.
     
    The OP has greater issues because they have a K-1, which requires AoS to become a permanent resident since it's technically a nonimmigrant visa.
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