I love San Diego

Yes. They are out of status and do not have a pending application, so they are deportable.

Wow... so anyone who waits to file AOS is really taking a bit of a gamble.

But since she was only out of status for three days (my wife, that is) and now has a pending application, she is not deportable and can travel outside the country and all that without any problems?

Thanks for the clarification.

This is not true. Matter of Arrabally from 2012 says otherwise.

Just to be clear - if someone comes here on a K-1 and gets married before the 90 days is up, but they do not file for AOS before 90 days is up, they are here illegally? I never knew this. I thought once you got married, you were legal/lawful.

She may have got married in the appropriate time slot that the K-1 gives, but unless you file for AOS before you accrue the 180 days of unlawful presence then the 3 year ban applies. Her I-94 would have expired 90 days after entry to the US, then the clock starts. The clock only stops once USCIS receives your AOS application. It stands to reason that if she went over the 180 days after her lawful presence of 90 days (the only time she would have been covered) then even if she applied for Advance Parole with her petition, if she left the US it would automatically result in a ban. I believe that it's always a little risky to travel with the AP even if you have no overstay at all.

But she said she applied 260 AFTER her 90 days of lawful presence. Automatic ban even if she's got the AP and in the process of a green card.

Ohh... strange. I was under the impression that once you got married, the I-94 didn't matter and your presence was lawful. I never read anywhere that you had to file for AOS before the 90 days was up, in fact, some people filed a year or more after they got married. So they were technically here illegally during that whole time? And my wife was here unlawfully for 3 days? What if she got stopped at an immigration checkpoint on the road during that time would she be deported?

If she accrued 180 days of unlawful presence before applying for the AOS (with the AP), then she can get a 3 year ban if she leaves the country.

Well, she got married within 90 days of entering the US, so she had zero days of unlawful presence. So why are people telling her she will be barred for three years for not filing the AOS until 260 days had passed? Are they wrong?

Is the advice in this thread wrong?

http://www.visajourney.com/forums/topic/441809-advice-on-re-entry-with-i-512-advance-parole/

She said she filed for AOS 260 days after K-1 entry into USA and everyone told her not to leave the country.

She did not say she got married 260 days after K-1 entry, just filed for AOS 260 days after entry. It seems like the people who told her she will get a three year ban are wrong.

Hello,

We did a K1 visa, entered the country in April, got married in May.

My wifes I-94 expired on 7/21/205

We filed for I-485 and got our I-797 receipt date of 7/24/2015 which is 3 days after the I-94 expired. Now we have the Employment Auth/AP combo card but was she out of status before our I-485 receipt, thus causing her to be barred re-entry for 3 years if she leaves the country?

Do we just have to wait for the green card to finish before she can leave the country?

Thank you

Hello,

Is there anything special that needs to be considered for my wife's cousin to apply for a B2 visa? She is young, single, no kids or house, so we think it won't be easy, but is it really as simple as filling out the DS-160 and making an appointment? For evidence she has the hukou book showing she is related. Reading here I don't see much else she can do to prepare http://beijing.usembassy-china.org.cn/niv_business.html

Any thoughts would be appreciated. Thank you.

Here on the US embassy website it specifically mentions an invitation letter under item 7

http://beijing.usembassy-china.org.cn/niv_business.html

1. Invitation Letter: If you are invited to visit someone in the United States, provide information about who is inviting you, purpose of travel, and planned itinerary or schedule. No invitation letter is needed if you are only sightseeing in the United States.

Does that last sentence mean tourist visas (B2) do not need this letter, and it is more for B1 visas?

Thank yhou

I thought I read here in the forum that a photocopy of the marriage certificate IS acceptable. I thought it didn't have to be the original marriage certificate.

Yeah some people used copies with no problems, and some said they had problems using copies. I thought I'd just get official copies to be sure...

I noticed that u had the same things for each one.. U have to make 3 copies huh? And I thought I-797 had to be original, we can make copies ?

Yep, apparently the three packets are sent off to different places for processing so copies of evidence are required for each one. And yes the I-797 can be a copy, I think somewhere in the instructions it says all supporting evidence can be copies unless originals are specifically requested.

Note that the marriage certificates are original copies from the county office, not home made copies.

If the whole package is sent together, why would there be a need for a G1145 for all 3 forms?

Wouldn't one be sufficient?

Everyone said put one for each form, so I did what they said

When adjusting from a K-1, you may not have an interview. You can check out the Progress Reports forum for topics about getting an interview waiver letter. It seems to be about a 50/50 chance.

If you have an interview, then you will just bring whatever evidence you have of co-mingling finances and co-habitation. They tend to understand that you do not have a lot of evidence when just married, but they may want to see some.

For ROC in 2 years, the chances of an interview are fairly low. Most are approved without one. You send all the evidence of co-mingling and co-habitation up front. It is required with the application. You will need plenty at that time.

Ok, judging from all the posts, I don't need to worry much and just give 'em what we have. Thank you!

Don't be too hard on yourself and also before you get frustrated remember a green card is not a right but a privilege given to aliens to reside and work permanently in United States. Back on point when removing conditions on residency on 90 days prior to the expiration of the conditional green card an interview is not mandatory. USCIS conducts interviews on a very small fraction of cases around 5% or so as majority get approved without one. If by then you're still married, living with your spouse and send in solid evidence when you apply to remove conditions like you're submitting now at this adjustment phase, you should sail through comfortably and receive your 10 year card. If however you get divorced, separated and send in few you'll be highly subjected to an interview. The next evidence you'll be sending at that point will start from the moment you became a permanent resident as shown on your card. USCIS will need to see continuous proof of bona fide marriage especially financial and tax records showing co-mingling of resources to give you that 10 year card.

After that, when can my wife become a real American Citizen? The good thing about becoming a citizen is you can commit crimes without being deported ok ok just kidding.

Married is married no matter where it happened, if it is considered a legal marriage in that country. Problem is she entered the US on a fiancé visa knowing she was not a fiancé and was not free to marry (because she already was), who knows what transpired at the POE as far as questions. She then obtained a marriage license in the US where I know you have to answer a question about being single, divorced, widowed, etc. and she lied on that. Then she filed for AOS using the US marriage certificate which technically is not a valid marriage certificate since she was already married. Now she wants to know how to fix it.

Two choices here, don't say a word and hope no one finds out or consult with an immigration attorney.

That's my thinking. I recommend both, perhaps. Don't say a word, and check with an attorney.

Its registered ?...

In USA?

There ' s nothing i can do about my marriage in the Philippines, what im trying to seek in here, is what is the best thing i can do? Im here to fix my status, give me advice what to do. Or if there is someone here same situation that can help me

Again, I don't see the problem. Just consider your marriage in USA to be your one and only marriage.

Did you register your marriage in the philipines with any government, there or in the USA?

If not, then that was your engagement ceremony. That's it.

Why would you even discuss the marriage in the Philippines? Just consider that a ceremony for your family there, and your US marriage is your real marriage. Don't even mention the Philippines ceremony/celebration. Did you register it with the government or anything there?

That was your goodbye/engagement celebration. In USA was your marriage. Look at it that way.

They need the passport to put the visa in it. Just be patient, there is nothing else you can do. Also your husband is not stupid. It is wise to not be ruled by emotions.

After reading my I-797 more carefully, I see it says "Approval Notice"

So, that answers my question.

Please, make 2 more files for yourselves of the one that you are sending because they will probably ask for some of those papers again with first interview.

For second interview, probably they would want to see more evidence...

For this one I do have joint account, car insurance, pics, plane ticket, baby on the way:))...We will do more for 2nd one but for now, that's what I have to show them! Hope it helped.

Ok, well our lease agreement and pictures should be good. I wonder what kind of evidence we will need for the second interview. It is pretty frustrating that 50,000 people a year enter this country illegally and are basically given a free pass and immunity and the people doing it right have to prove to the government that we are really married. It really makes me angry sometimes.

Hello,

We filed for AOS 2 months after getting married. Will we have an interview for this AOS, and another one after 2 years? For our first interview will they want to see evidence of our relationship, or is that for the second interview? Should we be taking pictures together, or are things like a joint back account, living together, etc. the kind of evidence they need?

I am just not clear what happens next. I am sending my AOS stuff in today, now we just wait for the biometrics appointment and then... we might or might not have an interview, and then at 2 years we will have another interview to remove conditions?

Hello,

I am sending in my AOS package today and I just had one thought... is my NOA2 the approval notice? That means the application was approved, but not really the K-1 visa right? Is that still what I need to submit with my I-485?

Oh, I didn't know I needed the G1145 for each of those, thank you!

I just went into CVS at the time and asked them to snap a passport photo of me. Paid $10 for 4 passport photos...seemed something worth it instead of spend hours trying to make my own...but thanks for the link, anyway.

Now now, it doesn't take hours... Just a few minutes!

Here it costs $15.95 for 2 photos (I could probably shop around) and I need like 8 so I am gonna make them myself for sure.

Doubling from 3% to 6% in one subpopulation of married relatives on one type of diseases does not mean much. Did you notice that the rate increases from 2% to 4% in white British women over age 34? Should we warn women over 34 from having babies because of the increase risk? It's statistically insignificant. 4% vs. 6%.

Signed,

Ph.D. Human Genetics, Mt. Sinai Medical School, 1997.

Nice! It must be a pretty interesting time to work in genetics at an advanced level... I suppose being a Ph. D. in almost anything would be pretty interesting.

Correct, for the I-864 no passport pages needed unless for a joint sponsor.

Tax return or the official transcripts

W2, pay stubs

Employer letter

Thank you friend, I think I am ready to file!