john_and_marlene

Steven,

People move on from VJ, that is a proven fact. I have not personally seen evidence of a departure to the upper threads, only VJ departures. Either way, OT is what it is. Some choose to participate and some don't....

Anyway, I wish you the best.

William.

First, I am my own evidence of departure to the upper threads--a long long time ago.

Second, what effort was extended to prove the "fact" of migration from VJ rather than a retreat from the OT forum?

You now have seen evidence of at least one departure to the upper threads vs. moving on from VJ.

However, if the demeanor from OT continues to spill over into the upper forums, I may depart. Can I then call it a "proven fact" that even departures are because of the loss of control from OT?

Regarless of your intent on entry, it won't be used as a reason to deny an adjustment of status. The liklihood that they will even ask about it is slim. They certainly aren't going to expend any effort investigating it as the BIA has already set precedent that it cannot be used to deny an adjustment for the immediate family member of a USC. Don't be fooled by the naysayers that wave the banner of doom that you can be denied or investigated or grilled about your intent at an interview. In the once case since the precedent decision that you may find cited on VJ that it was used to deny an adjustment, the ruling was determined to be an err and was overturned--and even that one case was several years ago.

BPR, from what I have read, your intent is not normally questioned, however, if it was, your proof looks pretty flimsy (at best).

It doesn't matter. They need offer no proof of intent. The reason it is not normally questioned is that it cannot be used as the reason for denial. Adverse factors other than prior intent, working without authorization or overstays must be found as those 3 factors cannot be the reason for denial of an adjustment by the immediate family member of a USC. If they are used without other adverse factors, it would be a err on the part of the USCIS.

Sure it can. Adjustment of status is a discretionary benefit. While it's usually granted when the applicant is found to be eligible, the adjudicator is required to consider adverse factors. Entering the US as a non-immigrant with the preconceived intent to remain in the US is a serious adverse factor.

In the Matter of Baltazar, BIA interim decision #2556, the BIA upheld the deportation of a Philippine national. The immigration judge had determined he was statutorily eligible for adjustment of status by virtue of his marriage to a US citizen, but he applied his discretion in denying it because there was sufficient evidence that the applicant had used a non-immigrant entry with the preconceived intent to immigrate. His actions after his arrival (which included seeking a divorce from his wife in the Philippines) were enough to conclude that his intentions were to remain in the US.

There have also been other cases where the adjustment of status was denied for preconceived intent, but on appeal it was sustained because there were sufficient positive factors to overcome the preconceived intent (for example, Matter of Battista, BIA #1987).

The Baltazar ruling was in 1977 before the immediate relative precedent was established in 1980 and later codified in the amended INA in 1986 and the Battista ruling specifically states that the denial where the prior intent was the only adverse factor was in err.

If there is a 2 year HRR, it must be waivered before visa or an adjustment of status can be approved.

I want to add that I don't think it is a good idea to stay, because then you will have to file the Supplement A to I-485 which is an extra $1000 fee penalty. If you stay in status, then you don't have to file that form. I am not sure if this form is new, or much more about it, as it did not apply to us. If someone more knowledgeable can add anything, please do

I would send copies of what you have now! What you have is all they ask for. My husband's biometrics appointment is next week, and I have not gotten the interview letter yet, but I have read that they will give you specific details of what you need to present (certified or original Birth Certificate, etc) and you should have time to get what you need.

Cheers!

Where's that -1 button? This post is absolutely wrong regarding current adjustment of status based on marriage to a USC. There is not $1000 fee penalty or Supplement A requirement. Do not base any decision on the quoted post.

We never got the notice with the extension. We got our case number from the biometrics appt. notice and scheduled and INFOPASS appt. to get an I-551 stamp in Marlene's passport. The stamp is good for 1 year. We visited The Philippines with just the stamp in the passport after her GC expired and had no problems coming back--although I did let the IO know what page he could look at in her passport for the stamp.

We already got the Green Card- just waiting on the Social Security Card- so I guess that means I basically should go get a new passport and not worry about any stamps in it...

Great idea about making an INFOPASS appt- I may do that just to make sure everything is still good.

If you already have the GC, then don't bother with the INFOPASS--it would just be a waste of time. They won't give you the stamp if you already have the GC--they are redundant.

Just get a new passport and remember to gather evidence of a bonafide relationship over the next couple of years. The removal of conditions is much easier if you gather evidence along the way rather than trying to assemble it at the end of 2 years.

We kept a folder where we would put cards from family with the postmarked envelopes, receipts for joint purchases (new furniture, new car etc.) postmarked mail with each or both of our names at the same address. Car registrations, joint tax returns, boarding passes for our trips .....

He cannot remove his Affidavit of Support--he is on the hook for it until it's completion is met.

He can tell immigration anything he wants and it won't matter.

He cannot remove you from this country.

Perhaps if you indicate to him that he should back off or you will ask for support alimony in the divorce or a settlement to help you recover your life from the devistation you suffered having to settle yourself in this new country alone because of his misrepresentation, then he will stop his empty threats.

No, No, I did call the Embassy and their response was. You do not need to pay at the bank. You do not need to fill out form DS-156. You do not need to pay at the bank can pay at the embassy.

The Bank clerk had no idea, you would think they do because the deal with visa payments day in and day out.

I was asking if anyone had been through this already and if you anyone knew anything about the new procedure.

Did you talk to the nonimmigrant visa section or the immigrant visa section?

Thanks for your response! I have multiple copies of the passport- so that should not be an issue-but my main concern is with the CR1 visa stamp. Do I need to replace it or will I be given any trouble when time comes to remove conditions and stuff?

If you don't get the GC soon, you can always make an INFOPASS appt to have a new stamp put in a new passport. None of this is a problem when removing conditions.

You'll probably get the GC before you get the INFOPASS appt. There is no need for the stamp once you have the GC

The Embassy in Bogota has already told her differently, and they would be the ones who know whether it has been converted or not.

Them embassy did not tell her different--some teller at a bank did.

Ready to give up yet?????

Bogota only requires the DS-160 according to the website. If the Embassy said the 156 is no longer required, then the DS 160 is the new form, and all they need at interview is the barcoded confirmation page as I stated originally.

If you go to the immigrant visa section of the Bogota website you will find the link to the K-1 requirements. The requirements ON THE BOGOTA WEBSITE for K-1 VISAS require DS-156 and DS-156K

Beginning March 1, 2010, all nonimmigrant visa applicants must use the online application form DS-160

And if you read the actual memo that went out to the consulates you would see that it stated "Except for K Visas"

According to the Department of State website, the Consulate in Columbia requires all applicants to use DS 160, filled out online and sent to the Embassy in Bogota. The form will officially replace the DS 156, and 157 worldwide by the end of this year.

OP, See the info here: http://bogota.usembassy.gov/nonimmigrant_visas.html

Fill out the form, pay the fee, print out the confirmation page w/ barcode, and take that sheet to the interview.

Your cited link refers to the processing of nonimmigrant visa by the consulate. K visas are processed by the immigrant visa section as immigrant visas.

So she does not need to take or fill any type form at all?

That is not what I said. I hope you aren't charging for your services if you are not familiar with the requirements. They will need DS-156, DS-156K, and DS-157.

If the consulate there has a different requirment, check with the immigrant visa unit at the consulate to see what they require for K visas.

The DS-160 has not replaced the DS-156 and DS-157 for K visas.

There are some restrictions on this. The alien must have entered the US legally, must not have intended to immigrate when they entered (presuming they used a non-immigrant visa or entry pass), and must not have broken any laws while in the US.

The highlighted portion of the quoted post does not preclude a successful adjustment of status for the immediate family member of a USC and cannot be used as a reason to deny the adjustment of status for the immediate family member of a USC.

The question was serious and your reply very rude and malicious. You have a problem with the animals accepting???

I was neither rude nor malicious. I'm sorry you either do not recognize or cannot accept even a modicum of humor. Have you always had anger issues?

Your biggest obstacle may be getting permission for the child to immigrate. You will need either consent from the biological father or the court in Brazil.

How many days has she overstayed by? She could be facing a 3 year ban or even possibly a 10 year ban.

Regardless of the length of overstay, she won't have a ban unless she leaves the country.

What kind of special vet do you visit that can give your cat the ability to fly? Are the wings artificial or are they transplanted from some kind of bird? Do they use different birds for the transplants depending on the size of the cat? Regardless, it seems like a long way for a cat to fly without getting tired and falling into the ocean.

I find it really interesting that when ONE person asked that the -1 option be removed, Ewok just bent over and did it

Was that 1 person getting -1 much?

Vaccinations don't have to be completed to get the K1 visa as it is a nonimmigrant visa. The vaccinations will need to be completed for adjustment of status and can be done before/during the civil surgeon's completion of the vaccination portion of the I-693.

so what if the spouse of the LPR after the marriage continued to stay is US? what will happen? thanks

They won't be able to get a driver's license or work legally. They will be out of status when their I-94 expires. They can be deported with a reentry ban depending on the length of overstay. In some states, the LPR spouse can be in legal trouble for harboring an out of status alien.

You will be breaking the law.