NY577

They found you were living here with your b2. You stayed almost 6 months, went for home 10 days and turned around and came back. No matter how you phrase it, you were living in the US. You are only allowed to stay 180 days in a calendar year, going home for a vacation does not reset the clock, so they cancelled your visa. You can apply for another b2, but the likelihood of you getting one is just about zero. Unless an immediate family member(mother, father or sibling)petitions for you for an immigrant visa( the wait time in that category is about 12 years)you cannot return. If you are here wanting people to tell you there is a way around your situation, you are out of luck. Consider yourself lucky that they didn't deport you for trying to smuggle drugs, seeds are just as bad as the real thing. It doesn't matter that you " forgot" that you had the seeds, you had them.

No better explanation than that

I'm getting pretty fed up with this whole process, and was wondering if anyone had an idea what USCIS's reaction would be if my USC husband and I got divorced (we're both currently living abroad) and then got (re-)engaged and filed an I129F for me, seeing as those are being processed much faster. Obviously it'd be money down the drain for the I130 we currently have in the system, but I kinda like the idea of beating them at their own game...

so you want to beat USCIS... good luck.

im helping a friend . and i told him that i have a great site where i can possibly ask for opinions and suggestions on what to do. so heres my friends situation.

my friend is a beneficiary from k1. everythign went well, he was able to go to the US, and got married, applied for aos and got his green card after three months. hes working as a nurse and fell in love with another nurse. he is only 6 months in the US ( i know hes stupid, ive told him already so many times) yet he managed to cheat and fell in love with another girl. ,. these are his questions.

can he file for a divorce to his wife even if hes on a 2year green card?

if so, can he marries the new girl after the divorce?

- does he needs to go back to the philippines after divorce and apply another k1? or can he stay with his new girl and adjust status? please help. i have no idea what on earth to tell him. we are so close so all of yall out there who wans to punch him, i want to do the same thing. but hes firm with his decision that he doesnt feel love anymore with his wife, ( his wife's work entails travelling alot, so most of the time according to him hes left alone). could be true but could be an alibi. anyhow, can you all experts help my friend? please let me know what moves he can take. he wants to stay in the us with his new girl. his new girl is a USC, american to be exact.

If he divorces (or his marriage is annulled) before the two years have passed and he wants to continue to live in the U.S., he needs to submit Form I-751, but will have to include a request for a “waiver” of the joint filing requirement. The waivers most likely to be relevant to your case are based on:

• divorce after a good-faith marriage
• abuse or battery by the U.S. spouse in a good-faith marriage, and
• extreme hardship to the immigrant if returned to his or her country of origin.

If he obtain a final order of divorce before the two-year conditional period has ended, then the divorce waiver is a logical choice for him. His task will be to convince U.S. Citizenship and Immigration Services (USCIS) that valid reasons exist to allow an exception to the joint filing requirement, by showing that his marriage was “bona fide” or genuine at the time and was not a mere “business transaction” to skirt immigration laws.

I'm sorry for my mistake. I thought they expired their visas for 3 years and the true is their visas is for 3 years. I apologize.

Thank you for correct me. I apologize for my mistake.

Ok here is what I think and maybe it helps.

Since they are 3 years in the USA, I assume that their overstay their visas. Unfortunately, in this situation, they cannot adjust their status. In order to adjust their status, they will have to leave USA and maybe they will not be able to return for 10 years. The only hope in this situation is to apply for asylum. But, they will need to prove that they are in danger in their home country. Please check USCIS website for more information. Tell them DO NOT do anything illegal in order to have a legal identification. Anything they do illegally, will go against them later, including arrestment.

Now, the Obama administration is trying as much as they can to push a immigration reform. If, only if, the immigration reform pass, it may be possible to them adjust their status in the USA. But immigration reform did not become law yet, therefore, there is nothing what they can do so far. My advice is to check with an license immigration attorney.

I wish my best to them.

They have not been here for 3 years, re-read the post. They have a visitor visa that is VALID for 3 years

Ok here is what I think and maybe it helps.

Since they are 3 years in the USA, I assume that their overstay their visas. Unfortunately, in this situation, they cannot adjust their status. In order to adjust their status, they will have to leave USA and maybe they will not be able to return for 10 years. The only hope in this situation is to apply for asylum. But, they will need to prove that they are in danger in their home country. Please check USCIS website for more information. Tell them DO NOT do anything illegal in order to have a legal identification. Anything they do illegally, will go against them later, including arrestment.

Now, the Obama administration is trying as much as they can to push a immigration reform. If, only if, the immigration reform pass, it may be possible to them adjust their status in the USA. But immigration reform did not become law yet, therefore, there is nothing what they can do so far. My advice is to check with an license immigration attorney.

I wish my best to them.

I am trying to find a forum for same sex marriage but I can't find anything here. Actually I still don't know how to create a forum. Can anyone help me ? Thanks. I am little confuse with this web site. There is a lot of helpful information but it's not organized.

Ops! I did'nt know lol Thanks.

Is your passport got stoled with I-94 attached?