No name 88

When I did the CRBA for my son in HCMC I had a timeline of our relationship. The CO just had us notarize it at the embassy and it was fine. I wrote it as a tine line of our meetings together. It wasn't fancy; just a few lines and I didn't even address it to anyone. Just complete one and get it notarized at your bank in the US for including with your K-1 petition.

Everyone is rambling about TOS. The OP doesn't care. If something is against TOS click the report button there's to beat a dead horse.

To the OP. Entering the US on the VWP with intent to immigrate is visa fraud. It is not fraud to enter the US and then decide to immigrate but you posted on an internet forum so you already let the cat out of the bag.

Your fiancee can join you in the US on the VWP and get married in the US. You can petition the K-1 while your still together in the US. As long as you fiancee doesn't overstay the VWP you should be fine. Your fiancee will have to be in Canada for the medical and interview.

I have no clue so I'll just ask the question.

The children are already in the US. The parents go home but the children stay behind with a LPR or USC. Why couldn't a child on a tourist visa be enrolled in private school after entry and adjust status? Why would there be a need to return to the home country.

Please respond with legal, procedural and statistical information only? Don't respond with this is not "correct", "proper", it's "cheating". I don't care whether you believe an AOS is fair or not.

Jumping the gun here a bit aren't we. Nothing illegal has happened and no one here has a clue what triggers a red flag to a passport # so don't throw around ghost stories.

If you really want to know what is on that passport number you can file a freedom of information act request to CBP for what ever was filed against that passport over a requested period of time. The request takes over a year before they respond and I don't know if the information is available for foreign passports.

A co-worker did this 5 years ago for his US passport. It was kinda neat and scary; every question asked and response was recorded. A complete record of travel in and out of the US including flight numbers although it was missing a few land crossings to Canada. Most of the foreign travel was missing. It even had the IP addresses of the computers the plane tickets were purchased.

Have you been to a B2 interview?

Yes. I was invited to come inside when the CO found out I was waiting outside. The CO asked me more questions than the wife.

It's not normal that a B2 applicant can be accompanied but it can happen. An co worker in India told me you can go to a B2 with your girlfriend in New Delhi but I haven't verified this. The CO's seem to have broad discretion in the process with few hard set rules.

Being that friend, boy friend and fiancee is not a legal status does it really matter which one you chose to use. It's just a vague definition of a status you assign to yourself with no bearing on the K-1 petition you filed.

You can compare it to the fact that 1 in 200 pregnant women in the US say they are still virgins. It's just as vague.

If they don't ask you anything don't say anything. If they ask simply answer the question truthfully; don't expand on your answer from the original question. That's it.

Don't over complicate this. I've done the B2 and the process is easy as pie. Do you have $165 to blow for the visa if denied? Then there is no reason you shouldn't apply. Your GF should walk in expecting a denial and be happy if she gets approved. The B2 is entirely based on the interview with little need for documents with complete discretion of the consular officer. Just because it's supposed to work this way doesn't mean that is how the interview will work in real life as I learned; in my case the CO invited me to the interview which according to other VJ posters never happens and is not allowed under any circumstance....lie. She should just be confidant and tell the truth. Return tickets only help with CPB at POE. If you think a letter will help do it; I did one but the CO didn't even want to see it. You can apply and interview as many times as you like as a different CO may have a different opinion and approve her and a tourist visa doesn't affect on a K-1 or CR1 if that's what your asking.

So you acknowledge what you posted was incorrect?

If your a US citizen you don't have to carry ID in any state.

I decided to do a little digging as I wasn't really sure about green card holders which you were correct about. Half the people posting online say leave it home while the other half say carry it. OK I see where my confusion comes from. It is federal law requiring you to carry your green card (or any visa type) at all times; that'll make bath time awkward. The penalty if found guilty is a misdemeanor, $100 fine and or 30 days in jail. I can't find anyone who was actually charged; I could only find a few people that got harassed and got a verbal warning. It's a strange federal law in this day and age considering ID theft, electronic status verification and that in 49 states police won't ask. It's kinda weird and useless.

I talked to my buddy who's an NJ State Trooper and he laughed about it. His response was that it's a federal law and state/local agencies enforce state/local statutes. He told me he's not even allowed to ask about immigration status during a stop. It's not the states responsibility to enforce immigration laws. He just told me to get the wife a driver's license and it'll never be an issue in NJ.

The only state I found that requires immigration status verification is Arizona which they can ask at all levels of police interaction with the public and they do turn people over to ICE.

I did find that if you live within 100 miles of a US land boarder that ICE and CPB do road checks and are more likely to conduct raids. Arizona, ICE and CPB seem to be the only one's enforcing green card carrying.

There was an anecdotal story on the inter-webs that ICE raided a place with legal permanent residents at a place of work who only had color paper photocopies of the green card in their wallets. On top of the fine for not carrying the card they were charged with criminal accusation of counterfeiting government documents. Personally I think that's just a boogieman story that never happened. I can't find any news stories about it. You have to send a photocopy of your green card to USCIS when you file the N-400. If the card was lost overseas you need to submit a color photocopy of the lost green card to get a transportation letter to come back to the US. This means they expect you to have a photocopy somewhere.

To reissue a green card if lost or stolen is $450 and takes 6 months or longer. If lost you need to get an I-551 stamp so you can travel which can be a pain. My wife is a stay at home mom and wouldn't be working in a place that could be raided by ICE. No one checks for green cards in the New Jersey at the state level.

Based on this I'll be leaving the green card in the safe deposit box and only take it out only for travel/ROC. I'll take my chances with the $100 fine using a photocopy with the word "copy" stamped on the front. My international business travels have conditioned me to never carry my passport no matter what the local laws are. I'll apply the same to the wife. You do what you want. In New Jersey it's illegal to pump your own gas; I break that law every week.

The same rules for green cards actually apply for all visa types. I doubt all the foreign tourists in Disney are carrying their passports. CBP could make a killing by setting up shop at the exit of Pirates of the Caribbean ride.

So you acknowledge what you posted was incorrect?

Fine if you see it that way.

Personally once my wife's green card is staying in the safe deposit box. She'll just carry a photocopy unless it's needed for something.

Wrong, check before you make such statements, you could get someone into big trouble. Not cool.

Yes there is a Federal law requiring you to carry a green card at all times but no cop is going ask for it as no state has a legal requirement for any person to carry an ID. Show me one case where someone got deported for not carrying their green card other than an ICE raid and I'll take it all back.

Half the country smokes pot yet federally it's illegal. State laws vs Federal laws; we all loose.

the tourist visa interview is a private affair between the VO and the applicant only. No others are to be present. The VO wishes to interview the applicant, NOT the interested third party.

From my own experience and a little googling it seems to be fairly common. You don't like it complain to your representatives in congress.

I have heard about the shortcut as well, once you have your case number......however where you take the medical exam in manila it clearly states bringing copies of your embassy invitation/instruction letter with you??????

Some one correct me if I'm wrong but I thought the K-1 just gets forwarded to the consulate after you call them and they issue the case number. I think the shortcuts your speaking of are for CR1/IR1 which don't work anymore because the forms are now submitted electronically.

Just give the NVC a call on Monday and ask about your case. Phone 603-334-0700.

You do not realise you need to carry your Passport?

Sounds like you were lucky.

In the US there is no legal requirement to carry ID if not operating a motor vehicle. You don't even need an ID to fly domestically as long as your willing to submit to a complete search of your person and baggage. You do have to identify yourself if detained by police but this my just be you telling them your name.

You can be denied service for not having ID such as buying alcohol, checking into a hotel, bank services, etc. So yeah you should carry one to make life easier.

There are three levels of police interaction with the public in the US. Consensual Encounter, Detainment, Arrest. The cop didn't ask for your passport because you were not being detained by the officer. It was a consensual encounter as you were freely providing information. Until the officer detains you your'e only required to verbally identify yourself. When you're detained by police that means they have reasonable suspicion that you have done something illegal and requires further investigation. This can be checked by asking the officer if your being detained. If the officer says no you're not required to provide further information. The officer had your name and ran it through his computer to see if you had any warrents. Another man with the same name may have popped so he asked for your hieght and weight to compare. The fact that he let you go without requiring you to get your passport means he believed you so don't sweat it. There is no need to report stops like this for AOS, removal of conditions or citizenship application. There is no need to report a detainment if it didn't result in a summons or arrest.

In the US you are not required to carry an ID unless you are operating a motor vehicle. When I'm overseas I don't carry my passport when walking around; just a photocopy of the biometrics page and visa page in my wallet. If they police need my passport they can go get it from my wife or the hotel.

If the cop would have asked me to get the passport I would have been more than happy to go home and get it as I was a couple of minutes away from my home. To be honest since we were only a few hundred feet away from our home I really did not think I needed to carry my passport. The neighborhood that my wife and I planned to drive around was overall around a radius of 500 feet. Basically the area around our house.

As I mentioned in my original post I guess my wife was a little bit upset for a few minutes but that was that.

I guess he was just checking my details against a database but if I think about it--perhaps a couple of questions just sounded unusual especially about my height and weight.

I now carry my green card basically where ever I go as I understand that is the law.

If the cop would have asked me to get the passport I would have been more than happy to go home and get it as I was a couple of minutes away from my home. To be honest since we were only a few hundred feet away from our home I really did not think I needed to carry my passport. The neighborhood that my wife and I planned to drive around was overall around a radius of 500 feet. Basically the area around our house.

As I mentioned in my original post I guess my wife was a little bit upset for a few minutes but that was that.

I guess he was just checking my details against a database but if I think about it--perhaps a couple of questions just sounded unusual especially about my height and weight.

I now carry my green card basically where ever I go as I understand that is the law.

That's not what I meant. For a fast no fault divorce both parties need to sign. Some states don't have no fault divorce.

I never said a signature is needed to file a divorce.

Yes it is possible to divorce without a signature from one party. Cases of absentia are usually granted when you have no idea where the spouse is or they never responded to the court papers. The papers are served and generally after two years of no response you need to publish ads in the local paper where the souse was last seen. If no response the court will grant a divorce. In some states this can be done much faster than 2 years or it can be granted very fast if the spouse is in prison which is where the OP will be going if she commits visa fraud.

And the survey says:

BZZZZZZZZZZZZZZZZTTTTTTTTTTTTTTTTTTT!!!!!

You DO NOT need the other party's consent or signature to get divorced in the USA. End of. Your advice is 100% inaccurate.

50% inaccurate. You don't need consent but you do need a signature.

Either party can file for a divorce without the other but for a divorce to be legal in the US both parties have to sign it. This can be done willingly or with a court order.

sorry, but nearly half of our current 11m illegals arrived with visas, but 'forgot' to return.

Second, NO ONE else is supposed to attend tourist visa interviews except the applicant...it is not supposed to be some collective meeting with the interested third party. To allow someone else there is sloppy and careless.

Exactly! I said most. The numbers support this.

32 million B1/B2 filers with 2.7% overstay. That's 864,000 people a year.

Total number of people visiting the US in 2011 was 105 million for all visa types. The overstay average for all visa types was 2%. That's 2,100,000 people every year that overstay when counting B2, VWP, work visa, boarder crossing card, immigrant, K-1.....anything. Most of these people do go home after a few years on there own for what ever reason.

Of the estimated 11 million illegals in the US 40% came through a CPB check point on whatever visa type. The other 60% entered by walking across the southern boarder. Of the 11 million illegals in the US 75% are from the following nations: Mexico, El Salvador, Guatemala, Honduras.

It's fascinating when you look at the data. I'm amazed USCIS can handle the volume as well as they do. The best thing we can do is lock down the southern boarder but Latinos vote for democrats so that's not going to happen anytime soon.

Everything else is at the discretion of the immigration officer; so why wouldn't who could attend a B2 interview. I just googled this and found other cases were spouses/fiancees could attend the B2. I've had business in 4 US consulate now and they all had different rules.

But does this number include all the AOSing from B1/B2, or just the overstaying?

If you filed an AOS you didn't overstay. If you run the numbers assuming the public record is correct only 0.001% of B1/B2 visa holders file an AOS each year. There's a better chance of a tourist getting hit by lighting than adjusting status.

This also means that almost everyone that arrives on the B2 visa does in fact leave the US when required.

B1/B2 over stay is currently 2.7% according to public record; half voluntarily go home after 5 years. The problem is exaggerated by politicians and the media. Most of the 12 million illegal aliens in the US just walked across the southern boarder.

Although it is important to note that the percentage varies by country. For example 54% of B2 visa holders from Nigeria overstay their visa.

No one and give you the odds. All you can do is apply and find out.

Being that that back log is subsiding this is a mute point.

Why do so many people judge the AOS process so harshly? If your strong that's great for you but some people can't handle being separated from their loved ones. Some of these people have kids. One guy on here was posting that he's been thinking about suicide because he's separated from his spouse. The story of Romeo and Juliet is about two people in love that because of societal norms couldn't be together. I'm sure everyone here felt deeply saddened at the end. We are all Romeo and Juliet. Use Titanic or Avatar if you like those better instead. People sing songs, write books and make movies about you!

Food for thought.

64 million foreign tourists visited the US in 2011. Roughly half arrived on a the B2 visa. That's 90,000 visa approvals a day. So a B2 visa is not as uncommon as people make it out to be. This also means that almost everyone that arrives on the B2 visa does in fact leave the US when required. In 2011 there were 30,000 AOS approvals as compared to 400,000 CR1/K1 approvals. In the big picture AOS is small potatoes and USCIS/CPB are doing an amazing job.

Those that complain that they won't get approved for a B2 because they have an I-129f or I-130 on file did you even try to get a B2 visa? If you applied from a visa wavier country I can't imagine why you would be separated. Is it fear of being turn around at POE? I see a lot of Canadians getting denied entry but I believe those numbers are skewed. 18 million Canadians visited in 2011; I can only find a few hundred cases of entry denial for Canadians in the same time period. Statics are on your side for being allowed entry. Everyone posts a bad experience; how many don't post when everything went fine?

I've also seen a lot of posts that I know from first hand experience is false. An example is you can't attend the B2 with your spouse/fiancee; the answer is sometimes. Another is can you assist your spouse/fiancee with getting a B2 visa; the answer is also sometimes.

The OP of this thread and myself were both allowed to go to the interview for the B2. In my case the wife came out with an invite after the CO learned I was standing outside. The CO asked my wife a few questions and approved the application after asking me questions; so yes I assisted the wife's approval. It makes complete logical sense that you would help your spouse/fiancee through the B2. It would be weird if you didn't. I didn't volunteer information and I didn't provide any false information.

I would love to know the approval statics for all visa classes with spouse/fiancee present vs spouse/fiancee not present at the interview. I think the numbers would be shockingly lopsided in favor of being together at the interview.

I may have spoken too soon in the early thread. Can you file an AOS.......Maybe. I did some research for you. I suggest you look at the links below.

Misrepresentation and preconceived intent are separate issues when filing an AOS. I'm not an attorney but the links are the deportation precedence cases regarding preconceived intent and AOS filing. The courts ruled when a violation of preconceived intent is the only matter regarding a case of AOS and the applicant has significant equities (spouse of US citizen) then adjustment of status SHOULD be granted and is at the discretion of the immigration officer. If you search AOS denials it's all for misrepresentation related to fraud marriages and visa over stay. I can't find any cases of preconceived intent. USCIS doesn't seem to care about preconceived intent when reviewing an AOS case as there is legal precedence that it should not grounds for denial.

If you came on a B2 visa without the K-1 filed and did the AOS I think you would be fine. But since you have the K-1 filed you leave yourself open to the discretion of the officer. You didn't have intent; you had blatant intent and abused the system. If denied on grounds of preconceived intent odds are you would be approved in appeal before a judge using a lawyer. Who wants to go through that.

I normally don't believe in a right way or wrong way if it ends in a legal green card but with your K-1 filed you can screw yourself if you get the wrong immigration officer. You can pursue this route further with an attorney if you want but I think you should save your money, enjoy your time with your fiancee now and she just returns home for the K-1 interview. If you spent time together in the US and she went home on the B2 without an overstay she is going to get approved. Document your time together in the US well. Her having been to the US with you gives her a huge advantage at the interview. This is what I'm doing.

I just want you to have all the information before you decide. It's your choice but I wouldn't do the AOS. At least in the AOS forum you didn't get attacked by haters like you were where you first posted. I fired people for this....huh.

I wish you the best of luck.

http://www.justice.gov/eoir/vll/intdec/vol18/2866.pdf

http://www.justice.gov/eoir/vll/intdec/vol17/2750.pdf