jasonofape

I was assuming Florida based on the OP's timeline info. Your 5 factors dont matter worth a dam down there.

It is called a terroristic threat under the new laws since 9-11. I suggest you take a refresher course in your understanding of the laws.

To the OP: There are 5 factors regarding a threat.

1-The threat has to be "intent to do bodily harm" not I am going to call and report you for illegal immigration.

2-The threat was made with the specific intent that it be taken as a threat. This means that the above threat is a crime even if there is no actual intent to carry it out.

3-The threat is so unequivocal, unconditional, and specific as to convey a gravity of purpose and immediate prospect of execution. This means that the threat has to be stated as what he WILL do not what he CAN do. i.e. I am going to come over there and find you and kick your butt because you shamed my daughter. NOT, I am going to come over there and you know what will happen.

4-The threat actually caused fear in the victim.

5-The fear was reasonable.

These are the elements that will be used. If all of these requirements are met, there are very strong laws to deal with this.

If he just said that he is going to call USCIS, so what, let him call. If he hasn't made a specific threat of "death" or "bodily harm", not much to be done. It doesn't even count if he just threatened to "key your car".

Outside of that, there is not much you can do. Your case will not hold up.

I think Ning was right with the fact that this isn't as clear and dramatic as you first led us to believe.

So, you have the information you need. No need to labor the point any further regarding what we perceive.

You do what you need to do to sleep peacefully at night.

Furthermore, if all of the above requirements are met and deemed credible with evidence, if the perpetrator is stupid enough to come over here, this does fall into the realm of Homeland Security.

Bingo.

OP, please don't waste USCIS/HomeLand Securities time with this wild goose chase. If you really feel threatened call your local PD. If they deem it credible enough based on evidence they know what to do.

If you think it is a wild goose chase, why would you even recommend calling the police. Furthermore, it would be DHS. They are the ones who enforce the arrival of a suspected criminal.

Hell hath no fury than that of a scorned woman... and her father.

Well, if what you are saying is how this whole incident went down, then she could be in serious trouble for filing a false police report. I don't understand how you could have as many witnesses as you do(your brother being at the scene;your familiy knowing about her lieing, then confronting her about the subject) and still be charged with a felony. You cant be branded as a felon if you are found innocent in a court of law. There has to be probable cause when obtaining a warrant for an arrest. Yes, you can still be arrested..probable cause can be the evidence of bruising and/or cuts or scracthes to the skin of the victim..eye witnesses..previous 911 calls..etc. But a felony charge is not going to stick to you unless there is proof of an eye witness that saw you hit her, or evidence of dna or injuries to and on the suspect. Such as skin flakings of the victim under the finger nails of the suspect, swollen hand, busted vessels/bones of suspect due to the blunt force of punching a subject..evidenced of weapon used with dna of victim/prints of suspect...several factors come in to play in order for a felony to stay. Im majoring in Criminial Justice and have also worked volunteer time with the local sheriff office in the past. I cant make a valid say on what will happen, because I cannot look at all factors of this incident, but with your given details, she has no evidence ..only her word..which in this case officially insnt sufficient if there are no wounds or bruises to back up her claim. This could be a case of the foriegner not knowing the law very well and then being taken advantage of by her peers in a tasteless prank by them. Im just being fair and balanced;looking at both sides since all I have is one side to go on. All in all, if you are being honest about what happened, in which I have no reason to doubt, then this case would be thrown out of a court of law. From what you have given, there isnt sufficient evidence for a conviction. If so, then anyone could say whatever and have whoever arrested, charged, booked and put in jail for anything. Thats just not how the system works, or we would all be in jail for something someone said about us that just was not true for just whatever reason. But still, the question remains as to why she will not have the charges dropped if she says it was all a "they put me up to it," senario...?? Your best bet would to be hire an attorney...we here at vj are not a jury and cannot see all the facts to be weighed..we only see your side, which Im not saying is false..but we cant honestly give you an answer without being fair and ballanced..at least I cant...it would be wrong. I hope you can get you situation solved.

Because he succeeded in pulling you into his web of deceit (it's not real )

I'm in a similar situation. I'm Canadian, he's American. We are marrying on July 1st in the US. On the advice of a personal acquaintance who works with US Immigration, we plan to file I-130 & 1-485 right after the wedding. Because we both live within an hour of border, getting back and forth is not a big deal or big expense.

I will maintain a permanent address in Canada, have a Canadian employer (though will just happen to be on vacation so I can stay awhile after the wedding), so will not have intent to STAY in the US when I cross for the wedding. As far as I can tell this route is totally fine, it's the cheapest and fastest. It's just that everyone else I talk to live futher away from the border, so it's not economical to cross the border and not stay for an extended period of time. Our immigration-office friend said that as long as I cross the border legally and truthfully every time, I'm good to go.

Does anyone in this situation have any warnings?

Also, I'm hoping to move my things down there in advance of the wedding. I know that legally I can bring all sorts of used personal/household effects in with me so long as I don't plan to over-stay my allowed time. Snowbirds do this all the time. Even though I know it's totally legal, I'm nervous that I'll say the wrong thing or get a grumpy border guard (though that pretty much never happens in Vermont!) Anyone with constructive suggestion?

How is this NOT intent to immigrate without going through the proper process? Is it because she will wait out the time period in Canada until she adjusts status?

Yeah, I can understand that interpretation. I read it as OP did not realize what a concurrent filing of I-130 and I-485 meant, since they were going to keep their current job in Canada - not sure of any employer that is OK with a 3-month vacation . Either way, it is immaterial to the question asked - which is how long will it take to get an EAD?

So what you are saying is that it is ok that I go ahead and plan my wedding with my fiancé, have her come over, get married, leave to fulfill the I didn't lie part, come back and we file an adjustment based off tourist visa and not CR1? All the while she can look ahead for a job and worry about EAD less than 2 weeks after filing? What part of that is not strange? I would be willing to bet she didn't tell the CBP officer, oh yeah and I am looking for a job. Sorry, I read the other post, they most certainly planned this event well in advance. She even claimed to start moving her personal belongings prior to the wedding. Here you go Canadians, this is how to take the wait out of the process.

It is a very quick and easy process. Just be 100% honest with the questions.

I called the number that was on the NOA1 hardcopy letter 1800 375 5283...

i guess i'm ok with waiting longer ( not that i have a choice anyway) It just would be nice if they could be more specific about whats happening i dont think that should be too hard to do

Hoy, I hope you get it soon. Then, one day you will be able to say how worth the wait was. Best wishes on your upcoming marriage.

Keep the faith and keep strong!!

OMG. Give them a break. They have been waiting on NOA2 for what will be going on 8 months... Easy for you to say when from the looks of your timeline, your loved one was here within 9 months. Think about it: They are one month away from your total timeline and still waiting on NOA2. Yes, that would be super hard! And you want to tell them they have a bad attitude...

And yes, the other couple with the 17 month wait, I feel for them, we all do. Not a single one of them wish to be in that predicament. Much Congratulations to them! But I think you said it best, and I quote "extreme"... That is not the norm.

Geez... I think this heat plus VSC long wait times is getting to us all

I don't think that the post was to berate them for aching about the wait. I think the point was to point out that it is not an absolute entitlement due to a USC. There is very little legal recourse about this problem. If a consumer company ran a business like this, they would be out of business with a few months. With that being said, I'll get on a quick soapbox.

Being allowed to become an American citizen is a great and tremendous privilege, not a right. Moreover, USA doesn't allow immigration to be nice or to “share the wealth.” We allow immigration to our country because it benefits the people who are already American citizens — and it does. Overall, immigration is a plus for our country. However, our immigration system is broken through and through. We don’t fully enforce the laws on the books against illegal immigration and we create reams of paperwork, exorbitant expenses, and ridiculous wait times for the people who want to come here legally. Until we elect politicians who have enough brass to address the real problems, there isn't going to be anything done.

It's just my opinion. If anyone wants to take a stab at me, you won't hurt my feelings.

The wait is horrible whether 4 months or 10 months. No one wants to be apart. The real issue is the lack of transparency from our government. Not attacking one another on different wait times. There is no recourse of action without going off the deep end. Why should we have to do that anyhow. I want safety and security above all else. There just has to be a better way.

P.S. I know I have a tremendous wait and I am prepared to do whatever it takes. I knew it going into this process. It isn't new news to me.

Can I lawsuit or sue the uscis and is there a way to get my other brothers here to be safe without the silly timeline process?

Thanks in advance

First of all, there is no wrong doing on the part of USCIS. But let us just say there is just a small chance for argument reason, then it will most likely be barred by sovereign immunity. My sincere sympathy with your loss. There is no guarantee to get your other brothers here. A lawyer will definitely take your case, for the right price. But, the chances are very slim.

Skeletons always find a way out of the closet. Just be open and honest. If he is a good guy with a good heart, he will understand. If he doesn't, do you want to be with someone like that the rest of your life? What makes you think he wouldn't understand? Too much speculation.

It is much better to get things out in the open BEFORE the wedding. That way, if anything negative does happen, doesn't cost as much as a divorce.

I am confident your soon to be spouse will understand. While it is a personal decision, I think that most honest and intelligent people will say that honesty is the best policy. That saying has been around a very long time for very good reasons. I have found that being dishonest always comes back at some point in time to haunt you. It may be 10-15 years, but it catches up with you.

Good luck with your decision. I sense your nervousness. Everything will be ok.

Glad to hear a success story. Congratulations

But yes, as of this point I think I will not marry her anymore..... because for one, there are MILLIONS of women more deserving of me then someone as childish, carefree, and UNLOVING as her.

:rofl: :rofl: You should meet my ex. I think you two would get along just fine.

so i want to know what we need to do when he gone arrive in USA do he need to tell tht officer his married over 2 year. i am gone arrive with him there gone be any problem. i m gone on wheelchair so he can go with me or do he have to go by himself.

First of all congratulations. I assume you are speaking of when he first arrives in the US? That is called a Point Of Entry or more commonly POE.

When he arrives, the CBP officer will ask him some questions. He just needs to answer them truthfully. He doesn't have to "volunteer" any information. Whatever they ask, he answers.

So when you say you are going to arrive with him, do you mean you are going to India then flying back here together? Or do you mean you are going to go to airport to pick him up?

If you are flying together, when you arrive in the states, just stay together through customs together.

If you are picking him up at the airport, you can not meet him at customs, so he will be by himself for that.