stinger157

Basically the situation is....

My parents are UKC but have GC's and have lived in the US for 5 yrs now. I was under 21 at the time they got their GC and so was told I did not qualify.

Anyway in 2005 I went into business with my parents and invested my money into 2 businesses. I waited 21 months in the UK and was only to be told in Dec 07!!! I was denied on the fact there was not enough evidence my funds were at risk in the US! (When the Embassy were asked numerous times if they needed anything else). So I was denied on information that they never asked for! I tried to re submit the E2 application but they said I would have to start all over again bla bla bla. So after this denial, in Dec 07 I decided to apply for a B2 as now I have a company in the US I can not work in, and have lost all my investment on, I obviously wanted to have 6 months to sort out what I was going to do next with the business.

I was also denied the B2!!! yet showed all evidence that I own property in London/have a job / childs schooling etc in the UK! I was denied on "insufficient evidence" Whatever that means!

Anyway in Dec I came over to see my family and have been here in the US since then. I have met a fantastic man, whom I am actually in Love with! and I do not know what to do.

As you can see I can go back and apply for a fiancee visa from London, but I dought I would get it! Or we get Married and I file for an I -130 from the US. I have a daughter who is with me and do not want to do the wrong thing.

The other option is to go back to the UK and wait for 2 plus yrs, when my parents will become USC and I can apply for a GC!

I love my boyfriend and am scaired that even at the point of changing status I get denied again!

So there you have it!!! I honestly want to be with my boyfriend and live in the US, and have never been deported or overstayed! I have never done anything wrong, and as my parents are in the US I do not want to jepodise our future here.

Barbados

I would go the K-1 route. Better to wait a few months and do the right thing than getting more and more in the jungle of bureaucracy you were already caught in before.

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

Due to the recent denial you can expect that it will raise a row of red flags and you have to toss every single one of them. Since you came on VWP you have no right to appeal and even with one red flag remaining you will be out of the country.

How can you know this? Better yet, how can you even write this?

To answer your question how I can write this:

I quote your posting!

There are people that have been denied at the adjustment of status stage, but only if the Service determines that the alien had immigrant intent when using VWP to enter the country.

How should USCIS not determine that the OP had immigration intent after two denials?

If she flies back and files for K-1 I don't see any problems. But with marriage and AoS on the VWP she might have a lot of explanation to do. Don't you agree?

We don't know, without the OP providing detail, what the specific reasons were for her denied prior attempts. What I can say is that both are temporary visas for individuals intent on performing short-term tasks. The E2 Treaty visa, for example, restricts applicants to persons that come to the United States to develop and manage the operations of an enterprise in which the applicant has invested or is actively in the process of investing a substantial amount of capital. In addition to the investment in a business enterprise, the investor should be coming to the United States to develop and direct the operations of the enterprise in which he or she has made the investment. A visa of this sort can be rejected because in reality the applicant does not own more than fifty (50%) percent of the icompany, unless the applicant is coming as an employee of the enterprise. Which leads me to discuss the B2 visa application. B2s are issued for persons wishing to visit the USA for pleasure purposes. If an applicant with an interest in pursuing activities that were for investment purposes, but didn't qualify as an E2, I would think a B1/B2 might be the next step.

Of course, without further specifics from the poster, all of this is pure conjecture....just as your comment was!

Correct me if I am wrong. But isn't it that the E-2 is valid for 2 years with a very likely option of extension based on the fact that the business is still existing?

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

Due to the recent denial you can expect that it will raise a row of red flags and you have to toss every single one of them. Since you came on VWP you have no right to appeal and even with one red flag remaining you will be out of the country.

How can you know this? Better yet, how can you even write this?

To answer your question how I can write this:

I quote your posting!

There are people that have been denied at the adjustment of status stage, but only if the Service determines that the alien had immigrant intent when using VWP to enter the country.

How should USCIS not determine that the OP had immigration intent after two denials?

If she flies back and files for K-1 I don't see any problems. But with marriage and AoS on the VWP she might have a lot of explanation to do. Don't you agree?

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

Due to the recent denial you can expect that it will raise a row of red flags and you have to toss every single one of them. Since you came on VWP you have no right to appeal and even with one red flag remaining you will be out of the country.

Stinger157 you dont know what you are talking about.... being denied for a tourist visa is not a red flag when filing for AOS from a VWP....

To Barbados... I too have done the AOS from a VWP and as long as you did not enter the US with the intent of remaing and filling for AOS then you can file and will most likely get approved... please be aware that you should not leaave the US until you have been approved and have your Greencard in hand or you may find yourself denied entry and have to start again from your home country...

There are many of us who have done or are doing AOS from a tourist visa/VWP and most of us were not even asked about intent at entry... but you need to make sure you do have evidence just in case you are asked....

I still had my house in Scotland, My Job, my car was in the long stay parking at the Airport and I had to get my parent to deal with everything I had left behind, because I could not go home until approved... Keep copies of anything you sent to employers or landlords or banks.... I also had my return ticket and I got a letter from my employer stating that I had been expected to return to work on a given date... I also has copies of the letter I had written to my lawyer in the UK giving my Mother permission to act on my behalf as I was unable to return to the UK....

I would also recommend you have a meeting with a good Immigration Lawyer and go over your individual case to make sure you are not doing anything that could have a bad effect on your future in the US...

Kez

She gets denied both, E-2 and B-Visa, like Barbados says, by incompetence of her lawyer. Shortly after that she enters via VWP and marries someone shortly after that? Please people, am I the only one who thinks that is a bit odd?

It can be that everything goes smooth, but with this recent history I wouldn't be surprised if there are obstacles on the way that can lead to deportation.

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

Due to the recent denial you can expect that it will raise a row of red flags and you have to toss every single one of them. Since you came on VWP you have no right to appeal and even with one red flag remaining you will be out of the country.

I am using tripadvisor.com to help me search for bargain flights to go visit my sweetie for his interview in three weeks...the cheapest flights thus far are found if i use a website called 'ati' or 'air tickets international' for booking....has anyone used this website for booking before? its about $100+ cheaper than other sites like travelocity or expedia, so im just curious to make sure its legit...thanks in advance!

I didn't hear about air tickets international so far.

I made good experiences with http://www.kayak.com

Hello everyone..

I need some answers for the preparation of Interview.

1)What does your Wife do for a living?(basically she is still studying what should be the good answer).

2)Do you plan to stay in the United States forever?

3)Do you plan to work in the US or study in the US?

thanks

The truth would be good for the beginning! If you start lying and you have a second interview will you remember the answers you gave at the first interview? Probably not.

But the immigration officer remembers because he has the documents you filed in front of him.

ofcourse i will be telling the truth.. but i need perfrect matching answer.. lik

Since you don't know the questions no one can give you the answers. Unless you find someone who is good in palm reading or some other way to tell you the future.

Hello everyone..

I need some answers for the preparation of Interview.

1)What does your Wife do for a living?(basically she is still studying what should be the good answer).

2)Do you plan to stay in the United States forever?

3)Do you plan to work in the US or study in the US?

thanks

The truth would be good for the beginning! If you start lying and you have a second interview will you remember the answers you gave at the first interview? Probably not.

But the immigration officer remembers because he has the documents you filed in front of him.

Can you use your 401K as financial supporting evidence? And if so should that be listed under stocks and bonds?

I also have a question about 125%of the poverty level. I hear everyone talking about this but can anyone tell me the exact amount in dollars what the current level is? Is it around $17,000 or am I way off? I just want to know so I know if I am above this level or not.

Thank you.

The document you need to look at is here:

http://www.uscis.gov/files/form/I-864P.pdf

Can you use your 401K as financial supporting evidence? And if so should that be listed under stocks and bonds?

I also have a question about 125%of the poverty level. I hear everyone talking about this but can anyone tell me the exact amount in dollars what the current level is? Is it around $17,000 or am I way off? I just want to know so I know if I am above this level or not.

Thank you.

It depends on where you live and on the household size including the people you are petitioning for. Without these information no one can give you a clear answer.

And every person in the household counts!

Here I am, I just finished reading all the posts, I want to be honest, I was in an abusive relationship for about two years and as your SIL I took every one of my ex comments as jokes. This a$$hole told me that If I ever leave him he was going to kill me, and to me that was a sign of love (how stupid I was). When he found out that I married Silvio he told me that he was going to forgive me for "all the pain I was causing him," can you believe that??????, he was obviously a mental case.

All my friends hated my ex, and at that time I didn't understood why, he kept me away from family and friends.

I'm so happy with y hubby now, we have ups and downs like every couple but I feel blessed to have him in my life, he's the best thing that eve happen to me,

I hope that your SIL opens her eyes, obviously this guys is bull......ing her.

Take care people

Vi

pd:athena_ny: I'm really happy for you girl, I'm sure you will have a great time in Peru, tell your hubby to take you to Asia, there are awesome clubs in that area, hubby and me love it and don't forget to try all the delicious food.

She already has stopped seeing her friends except for special occasions (like her birthday - she had a bunch of people over, but he couldn't be bothered to show up?), and spends all her time with him. Only friend she does see happens to be his sister. I am worried, but you can't stop someone from seeing what they don't want to see. All her friends told her not to date him. His sister would tell her not to date him, until they broke up and then she'd be trying to get them back together.

I don't think it'll be a good situation, but all I can do is prepare myself. Blah.

I think the question here is if she goes with good faith into this marriage. If he is already mentally abusive then how can she prove that she went with good faith into this marriage. She cannot be forced to marry him.

Plus, if he shows a bad character he can be removed from the United States.

I am not sure why your sister in law wants to marry someone who is abusive in the first place...

Hi, my fiancee (US citizen) just engaged her divorce. We would like to start the K1 process as soon as possible.

As I understand qhe can marry only 2 month after the court pronounce divorce. But can we start the process before to win some time ?

Also do you think that a lawyer can help move the things faster.

Regards

hoube

She has to be divorced before you guys can start the K-1 process.

Do you try to promote illegal ways to get the US citizenship?

There aren't any. US Citizenship can only be provided by the federal government of the United States in a manner provided for by law.

I was asking JQ, not you.

An illegal way to obtain citizenship could be keeping back information that would prevent you from getting the US citizenship. An example is a recent case where an old man, originally from Lithuania, went into removal proceedings because he didn't tell USCIS, or then INS, about his involvement in NS operations during WWII.

Do you try to promote half-legal ways?

'Half-legal' doesn't exist. A course of action is either legal or illegal. The law provides, in many cases, for legal followup to illegal acts. Those aren't "half legal", they are legal.

There is no 'they', JQ.

Sorry.

No need to apologize. VJ is bigger, much bigger, than stinger or Lisa or D&N or I or even Ewok. There is no 'they' and chances are, however you feel about something, there are many others who do as well.

Then let me rephrase the question.

Do you try to promote illegal ways to get the US citizenship?

If you saw a post here where you felt someone was bending that law, what would be your reaction to that post?

I would inform this person that bending the law can have serious consequences, going that far, that even the US citizenship can be revoked based on non-compliance with immigration laws.

Of course I can't dictate someone what to do. Basically that is all you can do on here. If people like to gamble with their future. Why not? It is their life!

Would you wonder (before you answered them) if you had a full grasp of the law?

I've been reading boards for years and I still learn new things all the time. And I see new things too as we travel around and speak to people of different cultures.

Do you ever wonder if you are offending people? You don't know me. So don't tell me what I know and what I don't know!

I don't read boards only. I read also the actual immigration law. And for certain things there are certain ways which are described in the immigration law!

I don't know what you are trying to do. Do you try to promote half-legal ways?

You can do and you can 'help' people the way you like. But keep in mind that if you give out information that is not covered by the immigration law you are gambling with your or their future.

If you saw a post here where you felt someone was bending that law, what would be your reaction to that post?

I would inform this person that bending the law can have serious consequences, going that far, that even the US citizenship can be revoked based on non-compliance with immigration laws.

Of course I can't dictate someone what to do. Basically that is all you can do on here. If people like to gamble with their future. Why not? It is their life!

You said "I notice quite a bit of intolerance with issues like 'illegal immigration'."

Of course there is intolerance with illegal immigration because it is ILLEGAL! The vast majority of us are here because we are working hard to LEGALLY bring our loved one here.

There are plenty of other sites dedicated to criminals who would look for ways to break immigration laws.

BTW, I think the moderators do a great job on this board.

Well, I wouldn't expect a legitimate immigration discussion community to foster illegal notions.

Does having gone down one legal path, though, mean the other legal paths are less desirable?

There is just one 'path'. The immigration law of the USA. Any attempt to bend the law can have bad consequences.

I'm very confused now.

You previously referred to 'alternate immigration paths'.

Yet here you state the outcome of the paths does not matter.

It is quite true each case stands or falls on its own merits. But I believe there are different paths, which can equal the same result - merits notwithstanding.

No

in my case, the outcome doesnt matter

here, there are a few who recommend different paths

Either way, so what? Each case stands or falls on merits.

Now here we have what I have been observing.

An apparent disagreement between two members as to what is considered 'illegal'.

Why are members questioning the legal paths of others? Because it isn't available to them? Because it isn't legal in their own minds? Because it's different than what they did?

And most importantly, why does Admin allow for the confusing conjecture?

There is just one right path, the legal path. Anything that is not in compliance with immigration laws can lead to problems lateron.

There are many legal paths that lead to the same result - living legally in the US.

And getting deported later. Like lately a few times in the news.

Since Romania is a part of the European Union it is very likely that your I-589 application will be turned down and you can count on numerous other problems since you came as tourist and claimed political refugee status after that.

You can be sure that USCIS will check everything 1,000 times and you still will have problems after that!

Since you're not an IO, you can't be sure of that.

Please...

comes here as a tourist, claims to be a political refugee (based on his information he is from Romania which is part of the European Union and due to that offers no eligibility to claim refugee status)...

How are the odds that everything will go smooth after he proved himself dishonest before?

You don't need to be an IO to see that there is alot of trouble and disbelieve coming his way.

And FYI, like stated, Romania is part of the European Union. Based on what should his refugee or asylum status be granted? Does that mean that now everyone from the UK, France, Spain, Germany, Austria etc. can claim to be a political refugee? I don't think so. If you don't like your government doesn't mean that you are eligible for refugee status.

Refugee status can be awarded to aliens that live in fear of political and other reprisal...so simply because a potential assylee hails from a country that you do not think is a political hot spot doesn't rule out his eligibility. And furthermore, why would entering as a tourist be an issue to a refugee? Most have only that option avilable, and declare their interest in status right there at the border or at the end of the jetway to the plane!

We won't find an agreement on that. So I will shut up.

Why so? Do you have experience with the issue?

Have you some compelling knowledge about the issue? Or are you simply convinced the status can only apply to people from certain nations?

I don't believe anyone is trying to 'prove you wrong'. They may be trying to open your eyes.

Careful dude! My eyes don't need to be opened. I have enough experiences! But you insist your opinion is right. So I just cut things short and am silent!

Some people might be honored to be enlighted by your wisdom. I count on my work life and my experiences.

Well, dude, why don't you share them with us?

I've been reading around here and I keep seeing 'anecdotal experience'.

Share.

I don't know if you have a slight comprehension problem. I said I will be silent and that is it! If you downgrade my experience to anecdotes then you can live without my experience! Sorry, but before you try to complain about something or someone make sure that you don't offend people!

I'm very confused now.

You previously referred to 'alternate immigration paths'.

Yet here you state the outcome of the paths does not matter.

It is quite true each case stands or falls on its own merits. But I believe there are different paths, which can equal the same result - merits notwithstanding.

No

in my case, the outcome doesnt matter

here, there are a few who recommend different paths

Either way, so what? Each case stands or falls on merits.

Now here we have what I have been observing.

An apparent disagreement between two members as to what is considered 'illegal'.

Why are members questioning the legal paths of others? Because it isn't available to them? Because it isn't legal in their own minds? Because it's different than what they did?

And most importantly, why does Admin allow for the confusing conjecture?

There is just one right path, the legal path. Anything that is not in compliance with immigration laws can lead to problems lateron.

Since Romania is a part of the European Union it is very likely that your I-589 application will be turned down and you can count on numerous other problems since you came as tourist and claimed political refugee status after that.

You can be sure that USCIS will check everything 1,000 times and you still will have problems after that!

Since you're not an IO, you can't be sure of that.

Please...

comes here as a tourist, claims to be a political refugee (based on his information he is from Romania which is part of the European Union and due to that offers no eligibility to claim refugee status)...

How are the odds that everything will go smooth after he proved himself dishonest before?

You don't need to be an IO to see that there is alot of trouble and disbelieve coming his way.

And FYI, like stated, Romania is part of the European Union. Based on what should his refugee or asylum status be granted? Does that mean that now everyone from the UK, France, Spain, Germany, Austria etc. can claim to be a political refugee? I don't think so. If you don't like your government doesn't mean that you are eligible for refugee status.

Refugee status can be awarded to aliens that live in fear of political and other reprisal...so simply because a potential assylee hails from a country that you do not think is a political hot spot doesn't rule out his eligibility. And furthermore, why would entering as a tourist be an issue to a refugee? Most have only that option avilable, and declare their interest in status right there at the border or at the end of the jetway to the plane!

We won't find an agreement on that. So I will shut up.

Why so? Do you have experience with the issue?

Have you some compelling knowledge about the issue? Or are you simply convinced the status can only apply to people from certain nations?

I don't believe anyone is trying to 'prove you wrong'. They may be trying to open your eyes.

Careful dude! My eyes don't need to be opened. I have enough experiences! But you insist your opinion is right. So I just cut things short and am silent!

Some people might be honored to be enlighted by your wisdom. I count on my work life and my experiences.

Since Romania is a part of the European Union it is very likely that your I-589 application will be turned down and you can count on numerous other problems since you came as tourist and claimed political refugee status after that.

You can be sure that USCIS will check everything 1,000 times and you still will have problems after that!

Since you're not an IO, you can't be sure of that.

Please...

comes here as a tourist, claims to be a political refugee (based on his information he is from Romania which is part of the European Union and due to that offers no eligibility to claim refugee status)...

How are the odds that everything will go smooth after he proved himself dishonest before?

You don't need to be an IO to see that there is alot of trouble and disbelieve coming his way.

And FYI, like stated, Romania is part of the European Union. Based on what should his refugee or asylum status be granted? Does that mean that now everyone from the UK, France, Spain, Germany, Austria etc. can claim to be a political refugee? I don't think so. If you don't like your government doesn't mean that you are eligible for refugee status.

Refugee status can be awarded to aliens that live in fear of political and other reprisal...so simply because a potential assylee hails from a country that you do not think is a political hot spot doesn't rule out his eligibility. And furthermore, why would entering as a tourist be an issue to a refugee? Most have only that option avilable, and declare their interest in status right there at the border or at the end of the jetway to the plane!

We won't find an agreement on that. So I will shut up.

The European Union observes countries for several years to make sure they comply with the standards of other European Union countries. If I remember right Romania entered the EU on May 1st 2005. So the conditions in Romania have been on the european standard for several years before that.

The EU is not so short sighted to judge a country on a one time event.

And JohnnyQuest.

There are several countries next door to Serbia and I am not sure if you get for even one of them a refugee status. Refugees in Europe are mostly from Asia and Africa, but not from Europe. And if you don't believe me; browse the internet and you will find the information.

Romania just joined on January 1, 2007 into the EU, not 2005. The standards they have to meet are more financial & economic than those that can be considered for asylum. The only reason Turkey isn't in the EU is because of population size and that it could control the EU due to that (and Germany wont have it). And we know that many ask for refugee asylum from Turkey.

You can say all you want on the status of Romania being in the EU now, but that has little bearing. It was not in the EU at the time when the OP filed, nor do we know the circumstances of the asylum filing. People from Poland file asylum and get it, and are here, and I know them personally. And Poland has been in the EU since 2004.

Also, if you show that your departure will result in undue hardship on a USC (like the person the OP marries) this can be considered a basis for staying. Now say this takes some time for filing, and they have a baby down the line, and there are 2 USCs that would be harmed by the deportation of the Romanian, then even more hardship shown.

I'm not saying an asylum filing is easy, it's quite far fetched, but possible. The marriage to the USC now is going to mess things up. Get the advice of an attoreny with a background in asylum filings & NACARA.

The only ones from turkey which are applying for asylum in the EU are the kurds. And the reason why turkey is not in the EU is not about the population. Germany has around 12,000,000. The only ones pissed off would be the french.

The reason why turkey is not in the EU is its location. The majority of turkey belongs to Asia, not to Europe.

Hello All. I wanted to know was I the only one have problems with the Cal. service location. They havent sent notice when notice is due and ect..

What problems have ya'll had with them?

They send you notices and other stuff when they are ready to do so, not when you expect them to do.

Due to the backlog you should learn to be patient.

You Have a Smart Mouth. That needs to be checked. What do you work for them people?? If they do there job people would have to wait so long!!! They got my money!! I ready for my husband!! Smarty Check ya self!!

My oh My,

USCIC works at their own pace not ours....wish it was different but we are at the mercy right now of their workload which is beyond backlogged. If you read other threads or even care to , there are people from late July forward that do not even have a NOA1 for their I-130. Yes they are pro active in sending out complaints to Congress peeps, Senators, White House etc, whatever works for them to try and get some attention (I also did the same thing and will continue). But Stinger is right, there is no smart mouth on his comment, he is just stating the obvious.

Good Luck to you on your journey and I do believe we all paid for our other half to be here within a reasonable amount of time, will it happen in that certain timeframe that we want , of course not, but they will get here eventually.

Cheers

First of all I have read my Threads and do care to do so. If you have read my threads you would have known I'm part of the group that have not recieve a NOA1.

Stinger is right in his or her own smart mouth way but Stinger brought it wrong!

All Service Centers are over loaded and some are doing better then most getting the job done. I know CAl. is not showing me that California Love I done Heard about!!

Good Luck to you with Texas Center. My topic was about California Not Texas!!

Good Day

I brought it exactly the way I wanted to bring it. There is no due date for papers. The dates are estimates, nothing else.

If you feel offended then it is your problem. I went through my Visa process and I am due to remove conditions in about 6 months.

And I will let USCIS and the CSC do their job without nagging and complaining. Everything went almost flawless so far and I expect it to be the same in the future.

If they need a bit longer, then it will be like that. Nothing I can do or change about that! The only thing I can do is to file the papers correctly and that is exactly what I will do.

The true expiration date is what is on the I-94, not what you think it should be.

Since your fiancee came over on a K-1 Visa you guys should be fine. She did come over on a K-1 or did she use any other visa type?