Mina90

While I see what the point is that you're making, I have to disagree. USCIS is not in the business of facilitating people's romantic relationships. If you want to spend time under the same roof with someone and get to know them face to face before getting married, it's very possible without having a longer grace period between POE and marriage. That's where your effort must come in. Visit one another - on both sides, not just the US, in my opinion - multiple times, as much as possible, before applying for a K1 visa. My husband and I are certainly not made of money, and I don't have loads of vacation time at my job, but we made it work. It took us two years into our relationship to get to the point where we were ready to file. That's how much time we needed to see one another in person enough times to feel ready to get married. After all - the K1 is a FIANCE visa. Meaning you should have already made the decision to get married prior to filing, not use the time of the K1 visa pending to come to that conclusion. There is no "dating" or "boyfriend/girlfriend" visa for a reason. The K1 is not such visa.
 
To the argument of "visiting someone is not the same as living with them" - sure, but that's still not a strong point, in my opinion. There are many couples from same countries who choose not to live together until they get married for other reasons, without immigration being a factor.

I really wish people would take the "learn from others' mistakes" to heart. 
It would save so many people from "marriage fraud", broken homes, "used for immigration", etc. 
Unfortunately, too many people think, "well, bad things or those things can't happen to me. I am different; I am invincible."  Wish that thinking would stop and start thinking rationally and realistically.

I really wish people would take the "learn from others' mistakes" to heart. 
It would save so many people from "marriage fraud", broken homes, "used for immigration", etc. 
Unfortunately, too many people think, "well, bad things or those things can't happen to me. I am different; I am invincible."  Wish that thinking would stop and start thinking rationally and realistically.

For years, we had been going to a tax professional (who had been doing taxes for over 40 years) that we trusted. However, once I got married and had applied for my spouse at that time, I went to file my taxes and the professional told me I needed to file single. After she argued that was the correct way to file, I let her do what she wanted and then I amended my taxes to married filing separately. Needless to say, I stopped going to that tax professional. 
 
It is pretty simple. Married=married. Single=Single. You can't file for something you aren't. I didn't have the most knowledge about taxes but even I did a basic IRS website search and found what was correct. You can put your faith into CPAs/tax professionals blindly, but at the end of the day, it's you that it affects whether taxes are filed correctly or incorrectly, not the CPAs or tax professionals.

For years, we had been going to a tax professional (who had been doing taxes for over 40 years) that we trusted. However, once I got married and had applied for my spouse at that time, I went to file my taxes and the professional told me I needed to file single. After she argued that was the correct way to file, I let her do what she wanted and then I amended my taxes to married filing separately. Needless to say, I stopped going to that tax professional. 
 
It is pretty simple. Married=married. Single=Single. You can't file for something you aren't. I didn't have the most knowledge about taxes but even I did a basic IRS website search and found what was correct. You can put your faith into CPAs/tax professionals blindly, but at the end of the day, it's you that it affects whether taxes are filed correctly or incorrectly, not the CPAs or tax professionals.

I find this thread absolutely amazing.  Any amount of research into this subject would result in knowing that being married in any situation requires one to file something other than single.
 
Blindly accepting what a CPA is telling you because you refuse to educate yourself, is just not a smart.  CPAs run the gambit from extremely smart to more or less criminals, so it is in your best interest to trust until you receive contrary information.  You now have that contrary information.  Not questioning, not following up, and strictly relying on blind faith and ignorance will lead to problems.      
 
 

But it was still filed incorrectly.  If a person is married as of Dec 31st of a tax year, he/she can not LEGALLY file as single.......the fact that you had no problem during the visa process is meaningless.

Ok.
 
So how did you divorce your girlfriend?  How do you get a divorce without a marriage?
 
You see this hole that you have dug for yourself?  This is like an onion.  After 1 layer, it hides another layer, then another.  In your case, one question leads to another and then another.
 
I've noticed that people in countries without good electronic record keeping have no idea what computer databases are capable of.  No idea that their old records will be matched up with their new records.  No idea that changing what was documented in the past will cause problems.  

Despite an in-thread warning, the OP has continued to violate these provisions of the site's Terms of Service:
"Make comments in a Post either direct or implied toward another member that are purposely designed to upset, antagonize, make fun of, belittle, harass, insult, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users."
and
"Restrict or inhibit any other user from using and enjoying the Forums."
 
Administrative action has been applied.  This thread is locked and is not to be restarted.
 
Sincere thanks to all participants who refused to engage in similar commentary within the thread and instead placed a Report.  Your restraint is commendable and greatly appreciated.

By legal terms, yeah, they're good as gold now. But just because you don't get caught doesn't mean you didn't still break the law. I make no apologies for promoting integrity.
 
No need to get tired. Differing opinions happen. Everything will be ok my friend!

Yes you can study. No, you cannot engage in any other employment activities for which your existing H-1B status does not permit (such as working for another employer without an appropriate concurrent petition, or a transfer).
 
If you obtain a new visa and re-enter the US on that (or change status within the US), you can work in accordance with the terms of that new status.
Note that you cannot have more than 1 status in the US at a time...so as long as you have H-1B status, you are bound by that employer for employment (at least until you find a new one that sponsors you).
 
You are free to seek other statuses or visas, which may be better in line with your long term employment goals. O-1 is one such option, if you can meet the high requirements for it.
You can also see if your current employer is willing to petition you for a green card, in which case you would then be free to work for any employer or multiple employers.
 
As already stated, telling people not to post is a violation of the TOS ("Restrict or inhibit any other user from using and enjoying the Forums.").
 
I'll just add a reminder that these forums are for assistance and opinions, not legal advice. Please keep that in mind in the responses you receive.

The OP has continued fishing multiple times for ways to evade entry and immigration protocols, despite having been warned away from such thinking by several members.  Accordingly, this thread is now locked for violation of this provision of the site's Terms of Service:
 
"Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method."
 
Do not restart this topic or refer to it elsewhere.
 
VJ Moderation

Do not try to enter the US with a 10 year bar. This is a major issue.
Never even consider lying or trying to evade immigration law. This comes with a permanent bar and can result in any immigration benefits inappropriately obtained being revoked.
 
They most likely have your departure date already...it's just not showing online yet. Even if they didn't, they would see the past arrival and that's going to raise questions.
Either way, it doesn't matter as the I-485 explicitly asks about overstay. You would just be digging a deeper hole...it's time to stop digging.
 
Your record follows you as an individual, regardless of name. The passport information alone would match your record.
 
That was before I-94s were electronic, and often they didn't even issue one.

Oh...then you've got a decently long road ahead. You have a 10 year bar on any visa due to 1 year or longer of overstay.
 
At the visa interview (in ~12-16 months from I-130 filing), if you are otherwise eligible for the visa, you will be denied and offered the ability to file an I-601 waiver. ETA for that is ~12+ months right now. The USC petitioner also needs to be able to show a sufficient hardship to have the I-601 approved...a good attorney is suggested to present a quality waiver at that time. Just being separated isn't sufficient.

There's a way to fix that. Get rid of mandatory minimums and release all the people guilty of petty crimes that shouldn't be there in the first place. Then we will have plenty of room for real criminals.

Safer, closer to get to, mostly decent economies, typically more stable, and Spanish already the #1 language.

Oh, wow. I did not know that. Thought-provoking, really. LOL at your description of Trump. I understand people have differing opinions on the president, but shouldn't let that dictate their judgement on the important things.
Really good points and I absolutely agree with you. It's too bad that we probably won't see such a drastic overhaul anytime soon (I'm thinking I won't live to see it lol). This will probably take a long time to even see a difference in the immigration system. 

I agree.
 
I think we should be turn our focus towards all the LEGAL people in our country rather than worry so much of the consequences for those who choose illegal routes. 
 
We can't really help those people who choose not to help themselves, right? Nor can we help those or their families that choose the wrong way to do things.

My guess would be because none of those countries allow millions to walk across the border, and don't have politicians that are willing to sell out their own country in hopes of getting  votes. Thank You democrats 

I have it on good authority that, in asylum hearings, the USCIS officers do not ask, "If we grant you asylum and let you stay, what do you have to offer the U.S.?"  That would be chief among what I, and perhaps many others of us, would want to know.

Whole bunch of articles all the time in the Texas newspapers about the plights of individual illegals.
Long one today about a 5-year-old who was separated from his illegal father.
Yes, heartbreaking that the little ones -- who can't understand -- have to suffer.
However, I have no clue why these people don't head to Costa Rica, Panama, or South America instead of here.

I agree.
 
I think we should be turn our focus towards all the LEGAL people in our country rather than worry so much of the consequences for those who choose illegal routes. 
 
We can't really help those people who choose not to help themselves, right? Nor can we help those or their families that choose the wrong way to do things.

Bernie Sanders insulted me personally with his diatribe about white people not knowing what it is like to be poor. I was raised by a single mother (my father passed away when I was a baby) with two brothers. My mother worked 2 full time jobs and we were still below the poverty line so don't tell me white people don't know what it's like to be poor. Socialist cult leaders like Bernie Sanders don't know what it's like to work for anything they have.

no
 
only USC can file for parents and siblings. once she becomes a US citizen, she can file for her parents, it will take over a year
 
her brother can't come with them
 
if she files for him, it will take over 20 years of waiting, maybe 25. if parents file for him it will take 12 or more years
 
and he can't marry while his parents are LPR
 
it will be a long time, it starts with your wife becoming a USC