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brtlmj

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Posts posted by brtlmj

    Extension on K-1s

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    My wife and I met with an immigration officer at USCIS in Los Angeles and they clearly told us that this is a loophole in the immigration process. That as long as my wife showed that she entered legally and met the terms of the visa, she was ok.

    That being said, yes it is a technicality we are arguing. But the point is that there is no real requirement to adjust. I would still advise anyone to adjust as soon as possible.

    Well, let's agree to disagree. My opinion is that someone who enters as a K1, gets married and never adjusts:

    - is in the US illegally,

    - should be prepared for a very nasty surprise.

    Bartek

    Extension on K-1s

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted · Edited by brtlmj

    I have no problem being wrong, but in this case i am not.

    We verified this info.

    Please provide your proof to the contrary and I will be more than happy to be wrong

    "Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the U.S., is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S."

    http://travel.state.gov/visa/temp/info/info_1298.html#Longer

    How can that be when the USCIS code states that overstay (if overstay were relevant) is forgivable for spouses.

    Please provide your proof

    Forgivable offence, but offence nevertheless. So is illegal work. Do you claim that it is OK as well?

    Bartek

    Extension on K-1s

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    We checked again and again with USCIS and attorney's.

    There is no condition on the K-1 that states you must adjust and there is no time frame given.

    It clearly states you should adjust.

    You do not have to adjust. If you adjust you do not have to remove conditions later. In both cases you are free to leave. However, if you neglect to do either, you are out of status and deportable.

    Bartek

    Extension on K-1s

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted · Edited by brtlmj

    Out of status does not equal illegal.

    I believe it does.

    There in no law that says you must adjust it only states you should adjust.

    True, you do not have to adjust. You are free to get married and leave ;)

    Wrong, very wrong

    there is nothing that says you must adjust. You can remain in a non-status for all eternity.

    One of us it wrong, and I am pretty damn sure it is not me...

    Bartek

    Fiancee - technically when from USCIS perspective?

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    I dont quite understand what you mention here - how can meeting the fiance be a risk fastor? If you are coming here on K-1 visa to meet and "MARRY" the fiance, then what is the need to show that you will be coming back?????

    I was replying to:

    Does it make a difference to US customs officials at this stage if you refer to your SO as your boyfriend or your fiance at the POE on a trip to visit your SO?

    This question implies a visit with a tourist visa/VWP. In such a case it is best to avoid giving any impression that you might have any reason to stay. Obviously, do not lie.... but do not volunteer this information either. "Vacation" has always worked for me when they asked me about the reason for my trip.

    OTOH, when entering the US with a K-1 visa, the intent to marry will be obvious, and denying it may lead to serious complications.

    Bartek

    AOS

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    My I-94 expired on Jan 13 and my K-1 visa is expiring today... We already got married and are on the AOS process...

    Thing is.. seems that we can't do much in this country without one or another...what am I ? I llegal because I don't have a valid visa/I-94 anymore nor a Green Card ???

    I have heard one can extend the validity of a I-94... is it possible ? and would it do any good ?

    You are legally in the US, because you applied for AOS. You can use your NOA1 to prove it, if necessary.

    The expiration date on your visa becomes irrelevant once you enter the US.

    Bartek

    Fiancee - technically when from USCIS perspective?

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    I don't know, but I've been wondering the same thing. If you aren't officially engaged (no proposal, no ring) but are planning to get married and will get officially engaged later, are you engaged from the USCIS perspective if you've sent in your I-129F? Does it make a difference to US customs officials at this stage if you refer to your SO as your boyfriend or your fiance at the POE on a trip to visit your SO?

    I believe that it is a matter of your interpretation. Obviously, if you had an official engagement ceremony, there is very little to interpret ;)

    At POE, declaring that you are visiting your fiance is generally considered to be a risk factor. Be prepared to prove that you are coming back. Actually "boyfriend" is not exactly safe either.

    Bartek

    Supplying additional evidence without official RFE from USCIS

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    I'd suggest NOT doing it - you don't know if it'll get to the right place

    I second that. My understanding is that if they issue a RFE, they supply a special envelope that ensures that the additional documents find their way to the rest of documentation.

    However, if I decided to send the document anyway, I'd make sure that I only send a copy, that I include an appropriate cover letter... and I would still be prepared for a RFE.

    Bartek

    Got my green card! :)

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    Yay! :) The hologram on the back is cool, but the front of the card looks like a fake DL, seriously ;)

    By the way, I just came back from Europe - I traveled using a I-551 stamp in my passport. All I can say is: the airline staff are clueless and have no idea what the stamp means. At one stage they wanted me to fill out a I-94 - "this is a VISA, not a GC!" ;) Fortunately I cleared immigration at the point of departure (Dublin), otherwise I'd probably have to fight to get onboard ;)

    Bartek

    Another driver's license question

    in Moving to the US and Your New Life In America

    Posted

    Yeah, I agree. According to my husband who's a CA native, people on freeways around here always yield to merging traffic (the drivers, of course, NEVER signal!!).

    My impression is that jerks who won't let you merge are relatively rare. By the way, what does your husband say about speed limits here? So far I'd say that:

    - 65-70 - you are slow,

    - 70-75 - you are safe,

    - 75-80 - slightly risky, but still safe,

    - 80 and higher - you are fair game.

    I am writing about the risk of getting a ticket, of course ;)

    Bartek

    Another driver's license question

    in Moving to the US and Your New Life In America

    Posted

    No freeway driving for me either, and the test center was right next to the 55.

    Actually, freeway driving is what they SHOULD be testing, as it's way more dangerous than city driving - and yet they don't. Why? My theory is: in California it is impossible to drive safely on a freeway without exceeding the speed limit. In particular, it may be impossible to merge. So, instead of failing everybody, DMV chooses to ignore freeways ;)

    Bartek

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