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NikLR

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  1. Like
    NikLR got a reaction from lovinglive in Travel before applying for AOS   
    There are guides for the AOS process from a B2 visa.  Please refer to them.  Please read the instructions for each form and include the items required for EACH form.  Don't assume that one will do for all when the instructions says to include a copy with each form.  
     
    Whatever your travel plans are, do not go outside the country before or after marriage without travel authorization. Once you have the NOA1 physical copies in hand, approximately 30 days after filing the I-485 and I-130 simultaneously, then travel within the USA can commence.  
  2. Like
    NikLR got a reaction from Crazy Cat in Travel before applying for AOS   
    There are guides for the AOS process from a B2 visa.  Please refer to them.  Please read the instructions for each form and include the items required for EACH form.  Don't assume that one will do for all when the instructions says to include a copy with each form.  
     
    Whatever your travel plans are, do not go outside the country before or after marriage without travel authorization. Once you have the NOA1 physical copies in hand, approximately 30 days after filing the I-485 and I-130 simultaneously, then travel within the USA can commence.  
  3. Like
    NikLR reacted to Loren Y in Travel before applying for AOS   
    You only need 1 original to have on hand, and you send photocopies of the original with all the forms. I sent a copy with the 485, 131,765 because they all get processed at different locations.  You keep the original copy for the interview. 
  4. Like
    NikLR reacted to Villanelle in Travel before applying for AOS   
    You answered your own question. 
     
    What does the g1145 enable you to do? The e-notification does not grant any type of status or benefit, rather it is provided as a convenience to customers.  
     
    The online system is a courtesy and has various disclaimers about how its simply a courtesy, may be inaccurate, but most importantly does not grant any benefit. 

    Typically people receive the NOA within 30 days. Yes, it says 10 days but read carefully. See how it says 'accepted'? Accepted doesn't mean when your package is delivered. You are not the only one sending mail to them. So your package will be received by the mail room and be processed. This means they check for things like signatures, all fields completed (not evaluating the content they are just the mail room-  but rather to ensure the Officers who ultimately get the package have an application they can adjudicate), they check for correct payment, etc. Think of it like a pre-screening.  Once they are done your package is either accepted and put in line to go to an Officer or rejected and sent back to you. The NOA will be sent with in 10 days and then it's in USPS hands.. Sometimes people have problems with the post office not delivering mail in a new name /person to their address. 
     
    And yes, I thought it was pretty clear but @Lil bear said it better "No CBP/ICE Officer has a duty to “ look into the filing record of the detained person”. ".Again this can be a hard concept for citizens to grasp as we are accustomed to the burden being on 'them' to prove you are doing something wrong to prosecute you. Immigration is backwards. You must prove to them and they have no problem holding you until you do so. It's actually their job!! Aliens are specifically told they need to carry proof of status on them at all times to present upon demand. 
  5. Like
    NikLR reacted to Villanelle in Travel before applying for AOS   
    @lovinglive
     
    I don't really understand your reluctance to answer questions users are asking. No one has asked for sensitive/extremely private information. There are ways to answer while still maintaining your privacy. And you can always ask the mods to edit out anything you may have posted if you later feel uncomfortable with how much you disclosed publicly. 
     
    As others have explained often people ask questions with tunnel vision. They don't realize they are asking the wrong questions and specifics matter. One small detail can make a huge impact. 
     
    But regardless,  you do realize there are a significant number of people w/o status in the US. Many can go for years,decades even never encountering issues. There are also people who aren't so lucky! The advice of plan for the worst case scenario is good advice. 
     
    The worst case scenario here involves your partner being detained. This is not a clear cut users can walk you through step by step what would happen as yes, there is policy guidance but it also involves a lot of discretion by the Officers involved. It's almost like if you asked what happens if I am stopped by the cops for speeding? Will I get a ticket? Will I be able to get it reduced in court? No one can say. We can tell you the laws and what should happen but that doesn't mean it will play out that way..
     
    Your partner is on a B visa. Until you marry your partner is an alien with no qualifying relatives (I assume unless she has other family here). An alien with no qualifying relatives on an expired B visa will have a variety problems if 'caught'. All can be generally resolved if you were to marry and file the appropriate paperwork but it will be costly and time consuming. Not really a path you should take. 
     
    Once married the alien does have a qr (qualifying relative), but the marriage itself does not confer benefits . You must file the paperwork for such. So if the alien is 'caught' prior to it being filed there will be a variety of issues. Again they can all be resolved but your goal should be avoiding them. 
     
    To avoid issues you need to file the AOS package (which you need to be married to do). Once it's accepted by USCIS the auth stay takes effect. However you will NOT have proof of such until you receive the NOA in the mail for it. This is where discretion comes in to play. The Officers can see what you filed but what most USCs have a hard time understanding is the immigration system has a guilty until proven innocent set up.  And its your burden not theirs! You should not expect them to look into the system and determine auth stay applies, because while they can they probably won't.  You claim to have auth stay you need to show them and the NOA is the documentation you need. 
     
    Detention centers are not known for being pleasant rather the opposite. So if this urgent need for travel is because of a 'fun' trip that has already been planned and paid for (odd to have made such plans for a period of time they had no auth to be here for), well the fun trip will no longer be fun if detained and you will both be asking afterwards if it was worth it. Most likely it wasn't.  Or it can impact the relationship if the alien is uncomfortable but you pushed them because that's all they will be thinking about in detention. Traveling or remaining with no status or auth needs to be the aliens decision. 
     
    There are a few posts from users who were detained on VJ you all can read through as well as on the internet in general. I would suggest you do such. 
  6. Like
    NikLR reacted to Quell in Travel before applying for AOS   
    I'm confused! Did you file original paperwork in order to do AOS?? why mention visa if she's already on a visa? And where are you traveling?? Out of the country?? You should be able prioritize her legal status over traveling unnecessarily. 
  7. Like
    NikLR reacted to Loren Y in Travel before applying for AOS   
    As always, If you can make it to Vegas, I can get you married with certificate in hand in less than an hour. If you bring your 485 packet with you, you can add the certificate, and mail it out the same day ( I have had people do this). Message me if you need a quick ceremony with certificate in hand.
  8. Like
    NikLR reacted to Mike E in Travel before applying for AOS   
    What is preventing you from getting married, getting a marriage certificate, and filing the I-485 package, before the I-94 expiration?
  9. Like
    NikLR reacted to JeanneAdil in Additional Visit or In-Person Interview?   
    The citizens of most countries can visit Ecuador and stay in the country for a maximum duration of 90 days within a period of three hundred and sixty-five days without any visa. But you need to apply for a Visa if you wish to extend your stay in the country.
     
    its good u read and listen to members like TBoneTx
     
     
  10. Like
    NikLR got a reaction from Mike E in USCIS 2019, Q2   
    Or should be more strict. For instance in Canada if you're married less than 2 years when you immigrate, and are no longer living together in marital union after 2 years (or don't have kid) then you are denied PR status and must return home. They eliminated the divorce waiver aspect. 
  11. Like
    NikLR got a reaction from KrispyKringle in Nigerian B1/B2 restricted from AOS/EOS   
    Except it doesnt matter and they can AOS anyhow. So the annotation is pointless. 
  12. Like
    NikLR got a reaction from pushbrk in question about prior income on i-864   
    Montreal is concerned about current income not prior. Don’t worry about the one low year. Just keep it as is. 
     
    also you mentioned before you were doing an intent to establish domicile which is something I’ve never recommended for Montreal. If your wife can live and work in the USA prior to interview, do it. 
  13. Like
    NikLR got a reaction from FamilyS in Which mailing address while apply for I130 living abroad?   
    This is because they cannot change a foreign address in their computer system. 
  14. Like
    NikLR reacted to Boiler in K1 Affidavit of Support using a Co-Sponsor. Not enough Income?   
    If you live there it is not available to be used for sponsorship.
  15. Like
    NikLR reacted to Crazy Cat in Mandamus Lawsuit Against NVC, Lawyer Wants to Withdraw   
    After watching, it Seems that the attorney is, indeed, concerned with the expiration of K-1 cases.......they send them back and they die.  That has always been a disadvantage of a K-1.  He makes a great case for spousal visas.
    Wow!!!  He recommended that all his clients withdraw the K-1 and get married....at this stage....wow!!
  16. Like
    NikLR reacted to Rocio0010 in What are the reasons an AOS gets denied   
    You have to take visajourney for what it is: a wonderful resource for advice on immigration to the US. And learn to weed out comments that hurt you.
  17. Thanks
    NikLR reacted to pushbrk in How often can U.S. spouse visit me?   
    To my knowledge, the intending immigrant assets can only be used with the petitioner's affidavit, but you can find the sure answer in the I-864 instructions.
     
    I thought you said the petitioner has a US Job.
  18. Like
    NikLR reacted to Rocio0010 in What are the reasons an AOS gets denied   
    You’re right in that there is not much info here in VJ about couples where the petitioner is incarcerated. And @NikkiRNmight have a valid point in saying that it might be because people fear judgment. But going to your question, there are two main reasons for denial: the first one is lack of evidence of a bona fide relationship, and the second one is if they found material misrepresentation.
  19. Thanks
    NikLR got a reaction from NB5347 in Reasons for RFE's/Denials?   
  20. Like
    NikLR got a reaction from mam521 in Importing car on K1 visa from Canada   
    any poe will work, just call the CBP. 
     
    You have 1 year to import a vehicle.  10 years for personal items. 
  21. Haha
    NikLR got a reaction from Asia in Save The Last Rants For Me   
    No numbers used thus not read (NNUTNR)
  22. Like
    NikLR reacted to TBoneTX in Save The Last Rants For Me   
    This is typical, usually for the whole next day, si Niki-B. ma'am.
    Aspirin, Tylenol, etc. can help till it goes away, si Niki-B. ma'am.
  23. Haha
    NikLR got a reaction from DaveAndAnastasia in Save The Last Rants For Me   
    No numbers used thus not read (NNUTNR)
  24. Like
    NikLR got a reaction from SAT in Save The Last Rants For Me   
    No numbers used thus not read (NNUTNR)
  25. Haha
    NikLR got a reaction from TBoneTX in Save The Last Rants For Me   
    No numbers used thus not read (NNUTNR)
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