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pushbrk

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pushbrk last won the day on September 24

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  • Gender
    Male
  • City
    Dumaguete

Immigration Info

  • Immigration Status
    Other
  • Place benefits filed at
    California Service Center
  • Local Office
    Spokane WA
  • Country
    China
  • Our Story
    The marriage associated with immigration ended after 12 years.

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  1. Another option is for the immigrants to stay long enough to apply for a re-entry permit.
  2. Another confirmation that 12 months from first entry to actual relocation is dangerous. Less than six months is preferred. Another option is to leave the immigrants in the USA with only the petitioner going back for the work obligation. Surely, the employer is aware of the complication, and will be supportive.
  3. If that is an option, sure. Is it?
  4. I already answered that the petitioner is submitting additional forms.
  5. I understand that different government jurisdictions handle birth certificates differently. However, the vast majority of those jurisdictions understand that a "birth certificate" would naturally show the name given at birth. Those that change birth certificate names, must have a coronary, when a woman marries six different husbands.
  6. Yes, is correct. For his current location, answer "deceased".
  7. GC and Passport in the same name is the key. I'm assuming she only uses her Russian passport when traveling to Russia or FSU countries. GC is irrelevant once she has Russian Passport. Did she ever return to the USA with her Russian Passport and GC? Details matter.
  8. Remember that for international travel, reservations and tickets must be in the same exact name as the passport. Imagine traveling back to the USA with a passport in the maiden name and a green card in the married name. It actually does work, but you have to travel with the marriage certificate and/or name change documents too.
  9. Follow the instructions on your RFE.
  10. Unless you have a lawyer, the petitioner is submitting additional forms. The I-130a is an "additional form" you failed to submit as required for a spouse petition. Get real though. If you knew you needed to submit the form and "forgot" that's one thing. If you didn't do your homework, and didn't KNOW to submit it, that's very different. If so, there's a lot more homework to do for the next stages of the process.
  11. It would have made things easier, only if you also changed the name in her passport. Next opportunity to make an official name change without going to court, is when she naturalizes. Visas and green cards always match the passport name. Evidently, "the lady helping you" was not fully informed, or did not fully inform you.
  12. Are you really in a position to stay in the USA for 9 months or more without the ability to work or to come and go? If not, you know you must take the visa route. If you ARE in such a position, then my advice is to consult a very good immigration lawyer with specific experience with handling cases of visitors married to US Citizens, who change their mind and want to adjust status after a visitor entry. Not just any Immigration Attorney, will have such experience. That you applied for a five year multiple entry visa and were only granted a single three month entry is very telling. It's more risk than I would recommend you take, and I'm a risk taker generally. Frankly, I'm surprised the Monderators have let this disussion go so far. They usually don't.
  13. I would include evidence of the presentation of the ring. I would call it what it is, not a "proposal". It's not uncommon to marry without a ring and present it later.
  14. Here's an explanation from Quora by a former Consular Officer. Gaku Sato · Formalist.Jun 10 If I am married to a US citizen, then while visiting my husband I decide to stay in the US, can I change my status? The US is legally mysterious because the basis of admission is intent. If you enter on a nonimmigrant visa, you must have nonimmigrant intent. So what happens if enter, then file to adjust (not change) status? (In US lingo, you change between nonimmigrant statuses, but you adjust from nonimmigrant to immigrant.) USCIS used to have a day rule. If you filed before 30, later 60, then 90 days, then they presumed you had entered with preconceived intent. That means they legally presume you entered on a nonimmigrant visa with immigrant intent, which means your admission was invalid, which means you don't have a status, which means you can't adjust status (because you need to adjust from a status to a status). Despite belief that terrible things will happen to you, they mostly just tell you to go back home and apply consularly. You could rebut the presumption by showing this was a happenstance change of intent, meaning you entered legitimately intending to visit, but then something happened and you changed your mind. That usually means showing that you still have your apartment and job and accounts and pets abroad, that you left your home country intending to return. This is an administrative process, not a criminal trial, so the burden of proof is on you. Now a couple of things. First, they used to have a day rule, but what happened was everyone filed day 31, then 61, then 91, to get around the automatic presumption. So USCIS dropped the rule and now says the presumption can be applied at any time. Second, USCIS is not consistent in application of this presumption, so one person may adjust with no problem but another might be told to go home. I'm guessing with the current administration, the chance of having to leave the country is greater, simply because it's the more hostile action. Finally, the consulate still uses a 90-day rule. Then the result is: because of preconceived intent, you were out of status; because you were out of status, your visa was voided; if you filed to adjust status before 90 days, then you will have demonstrated immigrant intent; so even if you decide not to pursue immigration, you will likely be refused any nonimmigrant visa for a long time. So if you go that route, people still recommend waiting 90 days from entry. 645 views View 3 upvotes
  15. While that is true, the OP has not stated staying was his intention when he entered. A change of intention after entry is not visa fraud. Intent on entry is the key either way. If he changed his mind after entry, adjusting status is an option, but a person from Ghana who was able to obtain a visitor visa for the USA, presumably had strong ties, likely including a well paying job. The problems associated with adjusting status are that if he leaves before obtaining advance parole, he won't get back in, and second, it will take that same six or more months before obtaining authorization to work in the USA. All that time without a job, and/or the ability to travel internationally, often become deal killers.
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