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nzltex

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  1. Like
    nzltex reacted to Hypnos in Overstay a few months while I-130 pending?   
    Your understanding is wrong, since a pending I-485 grants you legal status.
    http://www.murthy.com/2012/10/26/using-the-ead-as-an-option-for-employment:
    "With the I-485 pending, the foreign national is considered to be in a period of authorized stay in the United States".
  2. Like
    nzltex reacted to Hypnos in Overstay a few months while I-130 pending?   
    You are mistaken; someone with a pending I-485 is considered to be in status. If filed by someone who is out of status then they are considered to be back in status once USCIS accept the I-485 for processing.
  3. Like
    nzltex reacted to christeen in Overstay a few months while I-130 pending?   
    There is no law saying you cannot enter the USA to visit while the I130 is pending... Especially from a VWP country... People do it all the time. Even if he was questioned, he did not have intent to stay and as long as immigration felt he was not a risk to adjust, he wold be free to enter. Again, there is nothing that says a person cannot visit the USA while immigration is pending...
  4. Like
    nzltex reacted to christeen in Overstay a few months while I-130 pending?   
    I also suggest filing the 485 and Adjusting Status within the USA. He did not enter with the intent, and his circumstances back in his country and he would be without home or job, so AOS is a good fit for your situation... Read up n the guides for AOS
  5. Like
    nzltex reacted to ManCharsey in Overstay a few months while I-130 pending?   
    In this circumstance the best thing to do is to file for the I-485 now and attach the receipt of the I-130 NOA with the application. This will be adjudicated as a concurrent filing of AOS. He wouldn't have to leave the US then.
  6. Like
    nzltex reacted to quitepainful in Overstay a few months while I-130 pending?   
    Intent alone cannot deny AOS... and if it does, it will not be upheld... of course if you are a drug dealer back in your home country, or have committed crimes, etc. then those are considered negatgive factors and you will be denied. just make sure you consult the right attny, and they will guide you...
    everyone on this site cries wolf with the word AOS is brough up...
  7. Like
    nzltex reacted to quitepainful in Overstay a few months while I-130 pending?   
    NLR, intent is overcome as long as there are no negative factors. If OP is a US citizen, and spouse is immediate relaitive (in this case husband/wife), as long as there are no negative factors, its fine. This has been upheld by the supreme court and is case law...
    dont scare the OP into the whole 10 year ban...
    intent AND negative factors have to both be present to be denied if USC + Spouse...
    http://www.justice.gov/eoir/vll/intdec/vol17/2750.pdf
  8. Like
    nzltex reacted to f&c in AOS processing time frame with RFE for initial evidence   
    We received an RFE for initial evidence for something we orignally submitted, but resubmitted with RFE. After about one month in RFE review, our I-485 status changed to Testing and Interview and my wife's EAD was approved and shipped.
  9. Like
    nzltex reacted to MochaMichou in November 2013 Filers   
    I got my green card today
  10. Like
    nzltex reacted to Harpa Timsah in Can driving, ""Get me into trouble?"" (Am on 2 yr. GC now)   
    You have a learner's PERMIT, not a license.
    It is not the same thing. You are driving without a license.
    In some states driving without a license is a misdemeanor and will get you 5 days in jail.
  11. Like
    nzltex reacted to ValerieA in Questioned at POE- CBP said No AOS   
    Yeah, I'm one of those that the entry guard wrote "No COS/AOS" on my I-94 and I had no problem adjusting.
  12. Like
    nzltex reacted to Hypnos in Questioned at POE- CBP said No AOS   
    You are mistaken, as are most posters on this thread. CBP have no authority - zero, zip, nada - to prevent someone from filing for AoS. There have been documented cases here where a CBP officer has written "no AoS" in someone's passport, and then they successfully AoS'd after that.
    If someone entered the country legally, they are eligible to file for AoS. Should they in this case? No idea, but they were de facto living in the US on a tourist visa, which CBP eventually caught onto; I'm surprised they permitted them entry on this occasion, but for whatever reason they did.
    Bottom line: CBP cannot prevent you or flag you from being able to AoS.
  13. Like
    nzltex reacted to Harpa Timsah in Where do we go from here?   
    No police records needed.
    You need to get an immigration medical done with a USCIS-certified Civil Surgeon (not just any doctor). Go on uscis.gov and there is a Civil Surgeon locator. Call around and get quotes; the price can vary.
  14. Like
    nzltex reacted to dewy39 in Interview Letter   
    What you need to bring should be on your letter. But since you didn't get it, these are the documents that THEY say you need.
    Original or certified copies of birth certificate, marriage license, divorce papers, passports or proof of citizenship (for your spouse) for both of you.
    Arrival I-94 (original) for lawful entry
    Any supporting documents showing that you entered into the marriage in good faith e.g. joint accounts, joint bills, photos
    Any forms that were not sent ie. affidavit of support, medical exam forms
    Good luck...
    8/13/2013 Form I-130 sent Form I-485 sent along with I-765 sent 8/19/2013 Text & email from USCIS for receiving my applications 8/23/2013 Notice of Action received. Biometric appointment scheduled 8/26/2013 Went to Civil Surgeon for medical exam & received a sealed envelope with Form I-693 9/6/2013 Biometric appointment (it was suppose to be 9/5 and I got wrong date, so I went in next day and it was no problem) 9/12/2013 A notice for request for evidence. Needed another sponsor for Affidavit of support (Form I-864) 10/10/2013 Mailed required documents for RFE along with sealed envelope from civil surgeon to Lee Summit, MO 10/25/2013 Received ANOTHER notice for request for evidence. This time for incomplete I-693 from civil surgeon (UGH!!) 11/8/2013 Mailed new sealed envelope for Form I-693 from civil surgeon for my 2nd RFE 12/2/2013 Received my Employment Authorization Card 12/4/2013 USCIS sent out a notice of action for testing and interview date (scheduled for Jan 17th, 2014) 1/17/2014 Interview date. Approved on the spot for I-130. Needed request for evidence AGAIN for I-693 (incomplete form AGAIN) 1/21/2014 Mailed in ANOTHER I-693 sealed envelope from civil surgeon 1/27/2014 I-485 Approved. Green card production 2/3/2014 Received my green card
  15. Like
    nzltex reacted to h13rma in AOS regarding retrieving I-94w, ESTA   
    You need to include a photocopy of your passport page showing your entry stamp the the USA. Its no problem its what I had to do, but I didn't ask first and to an RFE instead.
  16. Like
    nzltex reacted to MaleAlpha in DUI Question & Interview   
    If you can't get the full disposition and court documents regarding your case before the interview, you should perhaps reschedule it till after your court hearing so you can have all the documents. You can then go to the interview with it
  17. Like
    nzltex reacted to lmihler in Where do we go from here?   
    Stay and AOS. Since you did not intend to marry/ immigrate when you came across the border you will be fine!
  18. Like
    nzltex reacted to Darnell in Where do we go from here?   
    you are looking at this wrongly. You can stay, file the I-130 and I-485, seeking an adjustment of status case, leading to a greencard.
    It's allowed. This 30 day thing is not any rule or guideline, but it is a thresh-hold many immigration attornies (heck, even AILA itself) recommend to prevent extra-ordinary scrutiny.
    I think since you two have 'been together' all of this time, that proof will overcome that extra-ordinary scrutiny.
    But hey - I'm not a lawyer, nor do I play one on TV or podcast.
  19. Like
    nzltex reacted to Lakehouse in Where do we go from here?   
    Congratulations on your marriage:)
    I don't know much about 'denial or deportation if you were married within 30 days of entering', but I do know you'll hate being apart for a year if you come back to Canada and file the I-130 from here!
    If you can stay down there and file, I say go for it and don't look back. Surely 5 years of a relationship is enough evidence that this isn't a 'marriage of convenience' for the purposes of immigrating, it's a REAL relationship.

    This would be a legal immigration, there is nothing wrong with them applying from the US.
  20. Like
    nzltex reacted to Harpa Timsah in Where do we go from here?   
    This is patently false. You can file AOS because you did not intend to immigrate when you last entered.
  21. Like
    nzltex reacted to h13rma in Where do we go from here?   
    Stay and AOS.
  22. Like
    nzltex reacted to Sukie in BINATIONAL SAME SEX COUPLES !! Show up!   
    Hello, friends!
    I'm very happy to report that my I-130 petition for my Australian spouse was approved today! I think I was one of the first stand-alone I-130s to file - I filed the day after DOMA was repealed - and it has taken 214 days from submission to approval, and 31 days since the petition was transferred to the Texas Service Center.
    We still have 3-4 months to go - but we are so excited!
    Sukie and Julie
  23. Like
    nzltex reacted to f&c in How long is it until I receive my EAD?   
    My wife's took 66 days. The EAD estimator in the timeline section is quite accurate.
  24. Like
    nzltex reacted to f&c in November 2013 Filers   
    Great news! You' should get the tracking number for the EAD real soon.
  25. Like
    nzltex reacted to ManCharsey in Preconceived Intent to marry and adjust status   
    Great piece ValerieA. It is really worrying reading comments to posts and seeing people doing that all the time. There are several ways to achieve the same result and as long as someone chooses to use a route that differs from mine does not mean I should use scare tactics to push them off or get mad. The law deals with legitimacy and it is within the confines of the law that federal agencies work not opinions or how morally right it seems to be or not. Therefore, as long as the law is not being broken and someone is using a legitimate route, albeit different from what you use, if they need help, they should be helped and offered good advice than to be scared off and told how what they are doing is visa fraud.
    AOS has been going on for several years..probably more years than the age of many of us here in the forum. If immigration thought something was wrong with it, it would have been scrapped decades ago.
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