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Hypnos

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  1. Like
    Hypnos got a reaction from VanessaTony in Planning to be in US with B2 when PD is current   
    Entering the US on a nonimmigrant visa with the preconceived intent to remain would constitute visa fraud.
  2. Like
    Hypnos got a reaction from milimelo in Planning to be in US with B2 when PD is current   
    Entering the US on a nonimmigrant visa with the preconceived intent to remain would constitute visa fraud.
  3. Like
    Hypnos reacted to Gary and Alla in What Ports of Entry give work authorization   
    NONE.
    K-1s are not work authorized. Period.
    In the past (before February 2009) there was some confusion on the wording of the I-9 form which authorizes work and a K-1 could be misinterpretted to be allowed to work. K-1s were NEVER "allowed to work" without an EAD or green card. EVER. Because, for some period, the wording was VAGUE, USCIS overlooked any violations of work performed by a K-1 holder. That was corrected in Februrary 20029 and enforcement began in April, 2009. It was all well documented here in the forums. Often people say the "law was changed" It was not. The law was never changed (that would have required an Act of Congress) they simply clarified the wording for item 5 in column A of the I-9 form. The law NEVER allowed K-1s to work. The messed up wording simply prevented the law from being enforced.
    The stamp given at JFK on the I-94 has NO VALUE unless you also have a work authorized visa...You do not. JFK simply stamps them all and lets someone else figure it out. Our 13 year old K-2 son got a stamp when he entered and he was underaged to work.
    But, but but...they issue SSNs and SS says it is "work authorized" Yeah, right. SS does not determine who works, DHS does. SS classifies the K-1 in a default position as "work authorized" so the system will issue SSNs to K-1s because SOME states required an SSN to get married and K-1s need to get married. SSNs do not authorize work and your card will say so.
    K-1's are NOT work authorized.
    Get married, file for AOS, file a form I-765 for the EAD and wait 2-3 months, perhaps longer. Until then...go shopping, go to school, volunteer, etc.
  4. Like
    Hypnos reacted to Carlos1986 in Can I-130 for IR-1 be filed without marriage certificate?   
    You need a marriage certificate to file for I-130, no exceptions.
    Carlos
  5. Like
    Hypnos got a reaction from DRbound in k-1 petition approved 14 days.   
    It's not a negative comment, it's a simple truth: you were lucky; no one begrudges you your approval, but think of the people who have been waiting for months with no end in sight, where is their approval? Elevating you above them due to an administrative mistake is disingenuous to those waiting.
    It certainly isn't your fault, but spare a thought for those people.
  6. Like
    Hypnos got a reaction from Faithful2012 in k-1 petition approved 14 days.   
    Not really fair to others who filed months ago and are still waiting.
    I suspect it's some kind of administrative mistake (not the decision, the fact that they are adjudicating newer cases before older).
  7. Like
    Hypnos reacted to dawn13 in k-1 petition approved 14 days.   
    very happy for you personally, but this is extremely unfair for those of us who filed before you. i hope this is not an on going occurence, it is only fair that every one waits their turn. we are all in the same boat here, we all just want to be with our partner.
  8. Like
    Hypnos got a reaction from Harpa Timsah in Submitted I-485 (with I-765 and I-131)...waiting for NOA....how long is normal?   
    It can take up to 30 days to receive receipts and have cheques cashed by USCIS.
  9. Like
    Hypnos got a reaction from Faithful2012 in k-1 petition approved 14 days.   
    It's not a negative comment, it's a simple truth: you were lucky; no one begrudges you your approval, but think of the people who have been waiting for months with no end in sight, where is their approval? Elevating you above them due to an administrative mistake is disingenuous to those waiting.
    It certainly isn't your fault, but spare a thought for those people.
  10. Like
    Hypnos got a reaction from aguileralupita30 in k-1 petition approved 14 days.   
    It's not a negative comment, it's a simple truth: you were lucky; no one begrudges you your approval, but think of the people who have been waiting for months with no end in sight, where is their approval? Elevating you above them due to an administrative mistake is disingenuous to those waiting.
    It certainly isn't your fault, but spare a thought for those people.
  11. Like
    Hypnos got a reaction from eth in k-1 petition approved 14 days.   
    It's not a negative comment, it's a simple truth: you were lucky; no one begrudges you your approval, but think of the people who have been waiting for months with no end in sight, where is their approval? Elevating you above them due to an administrative mistake is disingenuous to those waiting.
    It certainly isn't your fault, but spare a thought for those people.
  12. Like
    Hypnos got a reaction from didopage in Submitted I-485 (with I-765 and I-131)...waiting for NOA....how long is normal?   
    It can take up to 30 days to receive receipts and have cheques cashed by USCIS.
  13. Like
    Hypnos got a reaction from JE06 in k-1 petition approved 14 days.   
    It's not a negative comment, it's a simple truth: you were lucky; no one begrudges you your approval, but think of the people who have been waiting for months with no end in sight, where is their approval? Elevating you above them due to an administrative mistake is disingenuous to those waiting.
    It certainly isn't your fault, but spare a thought for those people.
  14. Like
    Hypnos got a reaction from caeremonarius in I-485 Part 1   
    "An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)
    A.
  15. Like
    Hypnos got a reaction from Andie in k-1 petition approved 14 days.   
    It's not a negative comment, it's a simple truth: you were lucky; no one begrudges you your approval, but think of the people who have been waiting for months with no end in sight, where is their approval? Elevating you above them due to an administrative mistake is disingenuous to those waiting.
    It certainly isn't your fault, but spare a thought for those people.
  16. Like
    Hypnos got a reaction from amuna0526 in I-751 waiver interview went bad   
    It's difficult to provide accurate advice if you won't go into details of the allegations made against you or the questions asked at your interview.
    It's probably time to lawyer up.
  17. Like
    Hypnos reacted to VanessaTony in I-751 waiver interview went bad   
    Okay you have no timeline but based on previous posts:
    1. You filed the I-751 in March 2011
    2. You don't state how long after the divorce you filed I-751 (or what the grounds were)
    3. You don't state when you arrived
    4. You state you were here a month before the relationship ended
    5. You had only been married a year by the time you arrived here
    6. Sometime since March 2011 (maybe before) and now, you met and married someone else.
    7. Your "current husband" is here on a H1 visa.
    8. You don't state where your "current husband" is from.
    Given the facts above, notwithstanding any letter your ex-husband wrote, there are several red flags.
    It would appear that your relationship was failing before you came over on the CR-1 and you simply stayed and married someone else. It could look like you had plans to marry your current husband all along and only used your ex for a greencard.
    Also, they don't investigate "just a letter, no proof" without some form of proof (whether it be red flags or other evidence) that would indicate fraud. Based on the above, there are many indicators of fraud on your part so I'm not surprised your interview wasn't easy.
    ----
    To answer your qns though - If you are denied, it depends on the grounds for denial as to what will happen. You have no "visa status" as that visa was cancelled as soon as you arrived. Your GC being revoked means you have no status. I have personally never filed an appeal or a Motion to Reopen so I don't know what would happen. I would assume that your status would be on hold while they determine what to do.
    Whether you can then get an H4 with your current husband also depends on what happens with your denial. If you are denied on the grounds of fraud, or misrepresentation, or a non-valid relationship, it could make it extremely hard for you to come back. You would most likely need a waiver of some sort (what kind again depends on grounds for denial) and your H1 husband wouldn't be eligible to file a waiver for you (as I believe only USC's can do that).
    Honestly though this is all conjecture because you refuse to tell us more details about the interview, what you are accused of, and you don't have a timeline so we can't see how it looks either.
    I suggest you hire an attorney.
  18. Like
    Hypnos reacted to Ryan H in Visiting while waiting for NOA2 ???   
    IMO, the chances of your fiance being issued a B2 visa are next to nil.
  19. Like
    Hypnos reacted to newlyweds2010 in Concerned ... please help   
    Not really. Tourists marry in the US all the time (think of famous destinations like Vegas or the Hawaii). Entering on a tourist visa (or the VWP) with the preconceived intent to marry, adjust status and stay is considered visa fraud. Also, for it to be illegal you should have in fact entered, married and filed for AOS. You didn't do any of the above, therefore you are fine.
  20. Like
    Hypnos reacted to newlyweds2010 in Quick AOS question   
    Copy. Take the original to the interview.
  21. Like
    Hypnos reacted to Harpa Timsah in Traveling between two visas   
    Wow, what a cantankerous attitude.
    Evasive answers usually indicate something untoward.
    You are not traveling in between a continuous stay in the US - you are simply ending one visa and coming back on another visa. In fact, you don't even have the B visa yet. You will get asked all these questions and more about why you want to go back so soon and what you are doing. I don't think it will go the way you want it to.
  22. Like
    Hypnos got a reaction from caeremonarius in Adjustment of status from ESTA   
    No, only a certified copy of the marriage certificate, which could well be the endorsed marriage license depending on which state you got married in.
  23. Like
    Hypnos reacted to hmh33 in Adjustment of status from ESTA   
    In some states (e.g. California) the marriage license becomes the marriage certificate once it is endorsed by the officiant.
  24. Like
    Hypnos got a reaction from N M in My wife just got her "green card"   
    That's a silly argument to make. If you don't want to carry your green card around - contrary to the law - that's your business, but don't try to say that that isn't what the law requires, because it clearly does.
  25. Like
    Hypnos got a reaction from N M in My wife just got her "green card"   
    By law a green card holder must keep it on their person at all times.
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