Soul Froosh

Seems to me if she's here and was admitted legally (inspected) on her last entry, she should be able to AOS, no?

OP, let's go reaaaallly slow over this.

What happened after your 1st interview? What did your lawyer tell you was happening after your 1st interview?

There had to have been something come up after that 1st interview. Your lawyer should have been calling the USCIS daily to get an answer as to why there was no update with your case. If your lawyer hasn't given you a clear answer as to the problem, that means he/she is robbing you of money (scamming you)

But wait, if he just wanted a GC , why didn't he just marry the other girl and AOS with her? (sorry if I missed anything from the post)

Either way he's a complete a**hole. I feel sorry for you, OP. I don't think you have a case for fraud though.

Most of it is anecdotal and it's not a cut-and-dry running away from marriage a week after getting GC kind of situation.

It's not the overstay I'm concerned about but the fact that they might think I left the country and returned without inspection.

But why would you think that?

There are thousands of overstays that AOS, and their passports have a "depart date" on just like yours.

I'm in the same situation, my travel history says I departed the country but I did not.

In what way does it say you departed?

There's nothing to worry about with the overstay or your passport, unless you deliberately tampered with it.

It doesn't matter at all.

I arrived Oct 6th 2013.

My passport should have been stamped with Jan 3rd 2014 departure, but it was stamped with Jan 3rd 2013.

They put the wrong year meaning my passport kinda made me look like a 1 year overstay.

I just successfully AOS'd w/out being asked about it. Don't worry about it.

We didn't send any evidence of marriage (asides of marriage certificate) when we initially filed.

It was all brought to the interview. Unless there's any big red flags they process applications on basic eligibility and meeting the income requirements (sponsor)

As others have said, as long as you got the notification it was received, you're fine.

You're being used my friend.

She is a spoiled brat who likely wants the green card, but can't even focus enough to get real life matters in order to pass the interview.

Rest assured if she gets the green card, she'll be gone soon after.

It's hard to say my friend without more context.

If you came here on a K1 (unlikely based on the forum you've posted in) it might be correct.

If you're adjusting from a tourist / VWP, then it's a mistake or glitch on the website.

Or maybe you're just looking at the wrong number (ie your EAD was approved and in production)

Thanks everyone

Just a quick note to report Me & my Wife had our interview in Portland, Me, on Tuesday.

All went well. There was easygoing atmosphere in the interview with a nice lady. She said there was no problem and wished me luck finding a job as we left. Our case updated to approved last night.

There was no discussion of my last entry (which was terrible, nearly put on a plane back home after the BCP called my GF and rifled through all my emails)

Cheers everyone.

I have to say it's frustrating when people post questions like this without any context.

How can anyone comment? We don't know what the issues surrounded the 1st and why you were scheduled for a 2nd interview.

The actual meaning of "Discrimination" is to be able to distinguish differences in things intelligently.

We are all different. There are high-fraud countries and lower-fraud countries.

There are countries with radical religious cultures and some with very little.

There are countries that have posed major security risks to the USA, and some who have not.

If people never "discriminated" in life, we would let anyone through our front doors that knocked, and let our kids go and play with anyone they choose without checking where and who they are playing with.

Typically nobody does that, because we "discriminate" (ie distinguish between things) and use judgement.

Discrimination is sometimes a very good thing. It's not just a dumb "racist" word.

I think you should call them. If it is probably over 3 months since your priority date.

We've had 2 RFE's, and now awaiting their review of our current RFE.

The point is, OP could get an RFE or things could just be delayed.

Biometrics in Feb -- still no "Testing & Interview" update for me.

Also, in the meantime, start looking for a job, so that you can get a job offer to say why you need the expedite.

We can defo do this?

I figured actively seeking a job without having EAD would be against the rules.

I'm in the same situation.

2 RFE's, and we didn't envision me still being unable to work in June after paying all the fees & filing in Feb.

Me & my wife are crippled financially. There are jobs available all over my town.

I just want to get out and help support us both.

I would tell them you are visiting your boyfriend, which is the truth. They don't need to know you are getting married. Only answer the questions they ask you, as truthful and brief as possible. Dont offer any info that isnt warrented:

CO: What is the purpose of your visit?

You: To visit my Boyfriend.

CO: How long will you be staying?

You: 3 weeks.

CO: Have you ever been to the USA?

You: Yes/No

CO: Enjoy your stay.

Notice you do not have to offer any extra info like what you will be doing. Be brief, be truthful, and you will have less problems at POE, or any interview for that matter.

Totally this. You don't need to divulge any information other than you are staying/visiting boyfriend, just as you don't need to divulge any other intimate plans of what you'll be doing with him while there (unless prompted to do so)

Hey guys,

I'm a budding astrologer (specializing in locational astrology).

If anyone would like a reading/analysis, including location recommendations (maybe you want to move within the States) -- contact me

Or if you feel your move to the States altered you, your lifepaths, downgraded your life, then I could give some insight and recommend a better City/State.

Or maybe you think astrology is a pile of ####### and want to question it -- just fire away.

Cheers.

Overstay is irrelevant for someone adjusting based on marriage to a US Citizen, so I am not sure why the lawyer thinks you should care.

Yea, but until she has filed she's subject to deportation, right? (once she becomes an overstay)

That's unlikely, but the lawyer will want you filed regardless and not be like "Well hey, ICE probably won't pick up on you, so let's just wait for those docs before we file", knowing that you can get filed now and deal with the RFE correctly when the docs arrive.

Myself, I was an overstay struggling to get all the sponsor/co-sponsor tax docs together. Once It got to 2 months overstay (still waiting on my wife's tax docs) the lawyers had us file without it knowing the RFE would come back. Bad decision? Maybe, but worrying about ICE knocking at the door wasn't nice. Getting filed was a big relief.

It's okay guys -- I got an answer to my initial question (about EAD)

They don't pay themselves a wage; they have a family business which pays the bills.

All tax returns & W-2s were filed from the get-go.

1st RFE asked for my Mother-in-laws wage as an employee of the business and proof of that.

2nd RFE asked for Father-in-laws business receipts going back a year.

Maybe the lawyers are bullshitting me. Maybe not.

No, they didn't screw up.

They responded with what was asked for in the 1st RFE.

Now there's a 2nd RFE asking for more "wage" details since the USCIS are claiming they don't earn enough (when it's clear they do as a business)

They scrutinize businesses heavily since clear cut earnings are hard to show.

My Father-in-law has to now show every business receipt over the last year, after he's already submitted all tax returns and W-2's for the last 3 years.

We'd be completely lost without our lawyers. They have us getting statements from their accountants and all kinds of things we'd never have managed alone.

I hope we can get this resolved finally on this RFE.

Thanks. Our lawyers are dealing with it the best they can.

USCIS goes straight to them with the RFE, then the lawyers relate to me what I need from my in-laws.

I haven't actually seen any of the correspondence about the RFE.

What happens if they reject after the 2nd RFE?

Feb filer here.

We've just had our 2nd RFE over our co-sponsor (wife's parents).

They run a business and their "wage" is being thoroughly scrutinized.

Is there any chance I might see an update with the EAD in spite of the hold-ups with RFE's?

Now he will "likely" need a waiver.... They WILL need a waiver. Not putting personal judgement on his overstay.. But the govt outlines the rules and does not pick and choose if someone will be judged different based on human reality considerations... That is a value judgement... What members here are try g to say, what matters is how the govt looks at the reality, and that is, at age 18 a person is responsible for their actions and any overstay is counted, regardless of ignorance of the law or any other human realities.

The OP needs to know this and needs to know the reality of dealing with the situation. Nobody said they could not get a waiver, just that they would need one... Period. So the sooner the OP gathers info on how to prepare for,that reality, the better off they will be. Sugar coating and qualifying why the overstay happened does not eliminate the fact that there was an overstay, they will be denied and a 10 year ban will be incurred and they will have the chance to file a waiver (which if presented correctly is many times approved) which will take more time... Better to go into this eyes wide open...

There are ways to word things to other people on forums, especially when it's dealing with loved ones.

People come here for a human response, not a robotic one you'd expect from a USCIS agent that is likely to make the OP feel like her fiance is a criminal.

Lay down the hard facts - fine. But do it like you would to a human being in real life. Ya know, with a bit of warmth. That's not sugar-coating.