Singer

December 16, 2014

Thanks for taking the time to search this particular clause dnp

I agree with this particular case

I am sure the ones who apply from here in the states have very different cases

Some confuse an example of immigrant intent presented in a footnote within the Foreign Affairs Manual. This footnote is called the 30-60 day rule. This relates to the presumption of immigration fraud by consular officials. If a person enters on a non-immigrant visa, such as a B-2 visa, but soon after works without USCIS authorization or marries a U.S. citizen or permanent resident, then a consular official may presume visa fraud and deny all future visa applications. This 30-60 day concept has little to do with dual intent. This footnote guides consular officials on the intention of the U.S. government to deter those from entering, who intend to abuse the non-immigrant visa system based upon Immigration and Naturalization Sections 214(b) or 212(a)(6)©(i).

There are times when individuals who are married to U.S. citizens are allowed into the U.S. on tourist visas or visa waivers.^[3] Such applicants for entry must demonstrate to the satisfaction of the consular or port official that their trip is temporary. That is, that they are likely to return to their country of citizenship, because they have no interest in immigrating for the purposes of the entry in question.

Most visas, including B-1/B-2 and Visa Waivers, do not allow dual intent.

December 16, 2014

First of all a person with Tourist visa can't adjust his status while s/he in U.S..visitor visas are non-immigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), tourism, pleasure or visiting (visa category B-2), or a combination of both purposes (B-1/B-2).

Hi dnp,

Thanks for your comment,

but what does applying to immigration has to do with adjusting status? it takes a long while before you reach adjusting status after you apply for immigration status!

I mean you can be a tourist, doing business, studying, or working with H1 or whatever non immigrant status you have,

and then you apply for immigrant visa

you wait for USCIS while being in the states (that's five months minimum) then your papers go to NVC and get processed there (that's another set of 5 months minimum)

and when your embassy asks for your interview you travel back and get your visa (and lose your non immigrant visa status as you say) and come back

btw there are other non immigrant visas like L1A or L1B or starting a new company visa, that have dual intent, meaning you can apply for immigrant visa along with the non immigrant visa without losing one or the other

So again ...

can you explain how applying through immigration while being in the states on a trip visa is illegal action?

I just want to know

cause I know that it is being performed by more than half the cases in USA, to apply while being in the states rather outside

December 16, 2014

Hi Ryan,

can you explain how applying through immigration while being in the states on a trip visa is illegal action?

I just want to know

cause I know that it is being performed by more than half the cases, to apply while being in the states rather outside

November 7, 2014

Hello, am I understanding your timeline correctly, that your interview was October 19th with A.P. started on that date, and that you then got your visa on October 30? If so, I am very glad to hear that the A.P. time was short, and congratulations to you!

Hi "you know who asked who you know who"

Yes .. American Embassy in Cairo has A.P. for every one

The middles east north africa region is a hot spot now, every one has to go through A.P.

I made a research on all applicants for Immigrant Visas for month of October ...

Almost 70% get internal A.P. inside the embassy and usually gets done in a week time till Visa Issued

Almost 30% of all visa types go through A.P. in Washington D.C.

A.P. in Washington D.C. like mine either gets done and visa issued within two to three weeks time (40% of the cases)

OR 6-8 weeks (60% of the cases)

It is very rare for a visa to be denied only 4 got visa refused in October

also it is very rare for visa to drag for a year or 2 in A.P. (only if name hits a bad guy in D.C. databases)

females generally tend to get done in a week

males generally tend to go through this A.P.

So expect an A.P. but don't get frustrated .. hopefully all will go well

October 24, 2014

I have a question
I went to the interview in Cairo 19th Oct. The Interview Officer told me that there is nothing wrong with my case and it is all right .. he kept my passport .. but extra Administrative processing needs to be done he said .. no extra documents needed from me .. I need not to send anything or contact anyone. He said don't get bothered or sad .. this is normal .. and it is much faster now .. around one month .. It will take place in Washington D.C.

I went back home .. checked the embassy website for case update .. it doesn't work ..
I checked CEAC .. it said case updated 19th Oct .. ADMINISTRATIVE PROCESSING
yesterday case was updated 22nd Oct. .. also .. ADMINISTRATIVE PROCESSING

Q1) what does it mean when CEAC updates the date? good? bad? or neutral? What is the normal rhythm here? A.P.>Ready>A.P.>Issued?
Q2) Any idea how long it usually takes? a month to two months? 2 to four?

I appreciate information from recent experiences similar to mine

October 24, 2014

Dear Singer,

When you are in AP, the embassy/consulate/Washington DC is comparing your name against all sorts of bad-guy databases. If there is a match (a "hit"), then it takes a little longer to check and find out if you are an OK-person.

If you have a common surname for your country (Smith or Johnson for the US, Patel for India, Park or Lee for Korea, Suzuki for Japan, as examples), then the chances of your name getting a "hit" on one of the databases is even higher. If your given and family name combination is the same as a bad-guy, then it takes time to make sure YOU are not the bad guy.

As an example - I was really nervous about my I-130 being approved, because my first-middle-last name combination was the exact same one as a woman who was arrested for child abuse. We were also within one year of age - making it even scarier... Luckily, we don't look alike!

I am not sure if the embassy/consulate has exactly the same databases as Washington, DC.

Sukie in NY

Thanks Sukie from NY :star:

I appreciate your detailed answer

My first name and second name are kinda common

but my last name is very unique .. no one else has it here in Egypt

I hope my great great great grandfather was not involved in any illegal stuff back in his times :goofy:

I guess I will just have to wait again :clock: .. hopefully a month or so (I hope the officer turns to be right)

Singer

October 23, 2014

It means they are working on it and updated. Every time your petition is touched there's an update its how they keep track.

There is no way to tell AP takes as long as it takes from days to weeks to months to years. No one knows because no one can say how many hits your name gets and how deeper they have to go to check it out.

THX! DWHEELS76!!

but what does "hit my name gets" mean exactly, can you tell me please?

and what is the difference between A.P. in embassy of Cairo and A.P. in Washington D.C.?

October 23, 2014

I have a question

I went to the interview in Cairo 19th Oct. The Interview Officer told me that there is nothing wrong with my case and it is all right .. he kept my passport .. but extra Administrative processing needs to be done he said .. no extra documents needed from me .. I need not to send anything or contact anyone. He said don't get bothered or sad .. this is normal .. and it is much faster now .. around one month .. It will take place in Washington D.C.

I went back home .. checked the embassy website for case update .. it doesn't work ..

I checked CEAC .. it said case updated 19th Oct .. ADMINISTRATIVE PROCESSING

yesterday case was updated 22nd OCt. .. also .. ADMINISTRATIVE PROCESSING

Q1) what does it mean when CEAC updates the date? good? bad? or neutral?

Q2) I am sure you have seen many cases like mine, any idea how long it usually takes?

October 23, 2014

Visa issued same day? No If not whats the waiting period? if ur approved anywhere from 1 to 3 weeks .

Dwheels .. I have a question

I went to the interview in Cairo 19th Oct. The Interview Officer told me that there is nothing wrong with my case and it is all right .. he kept my passport .. but extra Administrative processing needs to be done .. no extra documents needed from me .. I need not to send anything or contact anyone. He said don't get bothered or sad .. this is normal .. and it is much faster now .. around one month .. It will take place in Washington D.C.

I went back home .. checked the embassy website for case update .. it doesn't work ..

I checked CEAC .. it said case updated 19th Oct .. ADMINISTRATIVE PROCESSING

yesterday case was updated 22nd OCt. .. also .. ADMINISTRATIVE PROCESSING

Q1) what does it mean when CEAC updates the date? good? bad? or neutral?

Q2) I am sure you have seen many cases like mine, any idea how long it usually takes?

October 19, 2014

Congrats!!

Mabrook!

Collected our passports and visa packets early this afternoon from the Embassy reception. I was really surprised that each of my derivative family members received their own visa packet (brown envelope). Here they are, exactly as received.

October 19, 2014

I'm really glad your petition was approved. The AP is just for background check, though it can take some time and is very frustrating... so I do sympathize.

A fellow from Pakistan was put on AP in August or July and it lasted 61 days. I was put on AP, but it was for a specific requested document, so it only lasted a couple of weeks. I'm highly hopeful yours will be concluded before Thanksgiving.

Best of luck to you and your loved one.

Thx for your support .. i appreciate it

The officer told me that there is nothing wrong with my case .. my case is fine .. it is just a random thing they do

They kept my passport in the embassy (i hope it is a good sign)

Did yours go to D.C. to check for background as well?

October 19, 2014

So I just came back from the interview ..

I went there 7:00 am .. yet there was a long line ahead of me and another set of two lines (my line had 13 cases to be exact ahead of me)

They asked for the Aramex papers and the P4 letter .. I showed it to them and then they let me in

I went down to the hall and they gave me a waiting number (614)

There was far more Visa cases than the IV ones .. with different number systems .. 500s and 50s

Here how it all goes .. there are windows 5 to 8 that are for preparation of documents .. you wait till one of em call your number

They have the files from NVC and ask you for the rest to complete your file then they ask you to sit down again

then windows 9-15 are for officers who call your number again for an interview

mine was a quick one.. he told me to raise my hand and approve the sear of saying the truth

then he told me about the abuse laws in the USA

then he asked few questions: how you met your wife? where? whats her study degree? was she pregnant? what do you do? where do you work? did you travel abroad?

then he said your case is fine .. nothing is wrong with your case ..

but you will go through Administrative processing

He saw my face going sad

he said don't be .. it is much faster now .. around a month he said

that's all

more waiting for me .. AGAIN!

anyone knows a previous AP some time soon

and how long it took?

October 14, 2014

GUYS GUYS!! I need all the help I can get .. my interview is this Sunday (19th)

During NVC processing .. My I-864 form has been returned to me with checklists 3 times .. yes 3 times .. last time the NVC said that my case has passed the minimal requirements to schedule an interview but my I-864 form still needs to be corrected and presented to the embassy during the interview

My wife (the sponsor) did not file for taxes .. simple she is unemployed ..

First time I delivered them her I-864 form with blanks regarding employment and filing taxes .. they sent a check list .. I called they told me to put N/A

Second time i sent it I put N/A .. they still sent check list .. I called they said put Zeros

third time i wrote "0" .. they sent a checklist .. I called and they said that write down that she didn't file (although I did attach a paper that says so clearly and signed in the end by my wife)

Now I have to present the I-864 to the embassy during Interview

Point worth mentioning: I have a co-sponsor already .. I myself has enough assets to sponsor the case (not sure to keep that or just make the co-sponsor forms the only ones to make it simple and less questions)

I am thinking the NVC is just being NVC .. I am thinking maybe I can just take the last I-864 form (My wife's) .. and that's it (the one with "Didn't file taxes written")

Also I am thinking to take another empty signed I-864 and fill it there based on what they want me to do

I am not sure what to do?

Should I take an empty one with me?

All help appreciated

October 14, 2014