asisflyer

Please check facts before giving false information.

Kids in timeframe born abroad. Biological father later naturalized and CCA now gives retroactive automatic naturalization to the children abroad if they can present with LPR in U.S. Timeframe qualified. She said the petitions for the kids were approved meaning they would become LPR when arrive and therefore subject to INA320 if CUSTODY is determined. CUSTODY. She effectively grants the custody when she send them abroad to be with father in U.S. So the parents are separated or become divorced with a custodial grant to the father of exclusive custody.

Kindly advise of my error ? I would really like to know. From AFM excerpt and State Dept Passport INA320 guidance below..

For last 15 years since CCA it hasn't mattered that the parents weren't US citizens at birth..... that's the point of the CCA.

INA 320 --- as amended by the Child Citizenship Act A. General Requirements: Genetic, Legitimated, or Adopted Child Automatically Acquiring Citizenship after Birth​ [1] ​

​

A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:​ [2] ​

​

•The child has at least one parent, including an adoptive parent​ [3] who is a U.S. citizen by birth or through naturalization;​

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•The child is under 18 years of age;​

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•The child is an LPR; and​

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•The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.​ [4]

​

A child born abroad through Assisted Reproductive Technology (ART) to a U.S. citizen gestational mother who is not also the genetic mother may acquire U.S. citizenship under ​INA 320​ if:​

​

•The child’s gestational mother is recognized by the relevant jurisdiction as the child’s legal parent at the time of the child’s birth; and​

​

•The child meets all other requirements under ​INA 320​, including that the child is residing in the United States in the legal and physical custody of the U.S. citizen parent.​ [5]

​

A stepchild who has not been adopted does not qualify for citizenship under this provision.​

​

B. Legal and Physical Custody of U.S. Citizen Parent​

​

Legal custody refers to the responsibility for and authority over a child. For purposes of this provision, USCIS presumes that a ​U.S.​ citizen parent has legal custody of a child and recognizes that the parent has lawful authority over the child, absent evidence to the contrary, in all of the following scenarios:​ [6]

​

•A biological child who currently resides with both biological parents who are married to each other, living in marital union, and not separated;​

​

•A biological child who currently resides with a surviving biological parent, if the other parent is deceased;​

​

•A biological child born out of wedlock who has been legitimated and currently resides with the parent;​

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•An adopted child with a final adoption decree who currently resides with the adoptive U.S. citizen parent;​ [7]

​

•A child of divorced or legally separated parents where a court of law or other appropriate government entity has awarded primary care, control, and maintenance of the child to a parent under the laws of the state or country of residence.​

​

read the rest at

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html

and State Dept passport guidance on INA 320 --- 320 doesn't need determination but 322 does.

http://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html

Child Citizenship Act of 2000 – Sections 320 and 322 of the Immigration and Nationality Act

ALTERNATIVE: CHILDREN TAKE U.S. TRIP -- AUTO-NATURALIZE.... THIS MIGHT MAKE YOU SMILE

You said your children were approved for the Immigrant Visa already and teenagers. This is potentially goods news for you.

The Child Citizenship Act INA 320 would apply when they land in the U.S. in the Father's full Custody who is now a naturalized U.S. Citizen.

They would auto-naturalize at that point and as U.S. Citizens, they are only a few years away from being able to sponsor you if you let them go. (sounds bad i know)

I still think you can work with through Congressional referrals, 2nd interview with spouse, legal assistance; but the path I'm talking about bypasses the marriage issue if you wanted to look at it as a backup plan of some sort a few years down the line. Alternately, if the children auto-naturalize while your case is still being reviews, the family unit claim becomes stronger.

Literally INA 320 let's the kids with LPR apply for a U.S. passport stateside at passport agency---- they don't even file the N-600 for it (like a INA 322).

Maybe let the kids get on the plane, land, apply for expedited passports and return as U.S. Citizens to strengthen your case!!!!

Then in just a few years, the kids will be old enough to sponsor you and hubby isn't part of the consideration.

Thank you so much for your quick answer. I was really worried about prescriptions that are controlled substances, but since she is bringing just enough to last her for the visit, I guess she does not have to declare them. And her English is not so great, so the idea of writing a letter on her behalf is great. Thank you so much.

List the medications here and I'll let you know which are Scheduled Controlled substances vs. regular medications and which are not.

I share my experiences but outcomes are certainly not guaranteed. The CBP does say that controlled are generally prohibited on the declaration, but again, talk to them.

She can say, I have my heart medicine for 2 months visit, I didn't put it down because the instructions said only to write down what is staying here... is that ok......

If she was on high doses of say a Schedule II narcotic pain killer, then I would probably would mention it to them.....

Call CBP Deferred Inspection or CBP Port Director contact number for the airport she's coming into and ask them if you want to be more relaxed.. then at least you can reference that you made a call and tried to clarify....

Hi VJ community

My mom is planning to come for a 2 month visit on her Tourist visa. Due to her heart condition, she has to bring a lot of prescription pills with her. Now I'm worried that this may cause her to have problems at POE. In my country they don't write name on the pill container, so the only thing she can bring, and that can show that she has to take those pills daily, is prescription from her doctor stating her name, heart condition and list of pills she takes. Was anyone in a situation like this? Can this be a problem at POE?

Thanks

As a visitor she only declares what remains in the United States. Millions and millions of visitors have maintenance medications that they travel with.

The medical letter would be reviewed if they cared to look, but it is extremely unlikely in my experience after 200+ times through. I've declared many medications before as a non-resident (even though I wasn't supposed to) and was asked a few times to please NOT list medications if that gives you a sense of it.

I have had discussions with several CBP officers at several airports to clarify this and the answer that comes back is "reasonable quantities" that make sense and that

goes for both controlled substance and non-controlled.

That being said state and local police may have a different opinion if it comes up after you pass through and so the medical letter is always nice.

CBP are human beings. They understand these situations are common. Just be honest and smile. If its a language issue and she is worried, then write a letter on her behalf for her to carry...

With the I-131 re-entry permits, the length of the permit will change based on time outside of the US since LPR or CPR status was gained.

The 2 yr gets abbreviated to 3 months short of date of condition removal if conditional.. (just for ref)

Then once the time outside accumulates to more than 4 years in the last 5 years, then re-entry permits can get reduced down to 6 months.

I-131 Re-Entry must be filed while "admitted" and "physically present" to the U.S. Offshore mailed apps have been shut down in appeals (lots of references)... then biometrics done here...

but he can have the actual extended re-entry permit mailed to USCIS Office or US consulary post overseas.

While the USICS Adjudicators manual has review guidance on re-entry permits... one suspects more of a stamping as few stories of rejections appear......

UNDER 6 MONTHS - NEVER LEAVES

If an LPR leaves U.S. for under 6 months--- he technically is not "seeking admission" --- he is admitted and left for a temporary trip. not up for domicile/public charge review.

6 - 12 MONTHS - "Seeks Admission" -- Re-Entry Permit creates Presumption of Non-Abandonment

Leaving over 6 months -- he is "seeking admission" and domicile/abandonment may be visited--- HOWEVER, the Re-Entry permit leaves the

CBP officer with the idea that the USCIS has pre-determined non-abandonment and therefore would rarely question this.

CBP manual released under FOIA provides some guidance on their viewpoints there.

12 MONTHS + Not technically permitted to seek admission without RE-ENTRY PERMIT / U.S. GOVT ORDERS military/agency or spouse of party

That being said, many many paroled in and queued for the IJ to argue non abandonment.

Can CBP question a RE-ENTRY PERMIT - yes --- in practice.... well let's here a story of a RE-ENTRY PERMIT ignored and the person not paroled in or otherwise admitted...

Still OP QUESTION is just about the NATURALIZATION CALCS...... and had few responses...

OP MUST HAVE MISTAKENLY THOUGHT IT WAS A SUPPORT FORUM AND NOT PUBLIC JUDGMENT PLACE.

OP - Easier for you to read the Adjudicator's Manual on the USCIS website on the calculation then wondering.... afterall in your interview if there was an issue you would mount a defense using USCIS training guidance, statutory references, and case references and it's nicely summarized in the training guide.

Long and short of it come November 1 he needs to apply for insurance through the ACA. It might be a long, hard process as it was for my father-in-law but we eventually succeeded.

YUP - YUP - YUP - He needs to signup at HEALTHCARE.GOV or call them up and do it on the phone with them.

the verification for online application is tricky for people without a Credit Bureau as HHS outsources the Verification and it uses credit bureau derived data! They sometimes get stuck for manual verification with new socials/new immigrants without established credit. There is a middle tier phone/voice verify with a 3rd party provider available as a middle step before true manual verification.

1. Not Florida. Visitors are not permitted emergency medicaid

>>Scope of conversation was about a diversity lotto winner who became Lawful Permanent Resident in FL though so therefore residency in Florida >> is established (presumed) from the OP's comments.

Since you mention it---- let's discuss your point though..

1. PRWORA 1996 relegates non-qualified aliens to emergency services (Emergency Medicaid) ... and each state tweaks their programs and standards a bit by filing SPA's with HHS.

2. PRWORA 1996 allows states to define residency --- which is where some can be trickier than others. State definitions are often related to physical presence over time and/or domicile. Undocumented and overstays are generally resident in most of their respective states - but without a qualified immigration status.

So sometimes visitor doesn't mean B1/B2 visitor --- but a person who stayed for 30 days or 60 days or 181 days in last 360 days or 60 days with intent to stay ... etc. each state defines the "residency" section.... but "visitor" and "residency" are different.

I don't know FL definitions and I haven't read their SPA. You've peaked my curiosity though..

Worst case though-- EMTALA Statute from 1986 would cover many medical emergencies as walk-in to ER for any human who arrived at an ER in the United States.

Mexican citizens needing FREE DIALYSIS will often drive into U.S regularly (using their visa) for FREE TREATMENT at any ER under EMTALA. ER's in border states see this regularly.

Colorado does not take into account assets for Medicaid but i would imagine Florida does,.

But it would be repayable so the the child would effectively end up paying for it, slightly amusing.

Respectfully-- you are completely and utterly wrong here!!!!

It's a federal mandate for MAGI (modified adjusted gross income) for medicaid plans under 55..... this was part of ACA.

States needed file SPA (State Plan Amendments) to keep the funding flowing from the federal side.

FL is part of the U.S. and subject to the ACA.

Above 55 are generally still non-MAGI -- meaning Assets count..

REPAYABLE BY CHILDREN? No way ---- that's only 55+ with the estate attachments....... under 55 there is no recovery on children...

on some states there is potential recovery to joint sponsors though.

Without knowing his finacial situation allk of this is conjecture, sounds like he has money.

He could be a millionaire but if his UNEARNED + EARNED INCOME is still a Medicaid qualifier, new MAGI rules approve him.

Under 55 -- MAGI rules applies.... no asset questions.

A lot of cases of wealthy getting medicaid on healthcare.gov applications and being shocked about it...... but alas, those new rules were approved to streamline applications by shifting to things that are electronically verifiable in real-time..

It varies by state. In some states, they give pregnancy-only Medicaid without regard to status, e.g. illegal immigrant pregnant women can get it.

1. All states have emergency medicaid for any status. Federal law.

2. Some states offer limited-scope PRE-NATAL + DELIVERY program by immigration status either by SPA to HHS - or by a separate state plan.

varies too widely. no set answer.

3. 16 states offer LPR < 5 years (non-refugee/etc) PRE-NATAL, DELIVERY, POST to 60 days Medicaid as per CHIPRA s214 (16 states).. No deeming/No billback as per federal law and states are banned from trying to recovery section 214 funds !!!!

4. Some states cover pregnant and non-pregnant LPR under 5 years using State/Local funds to make up where federal funds don't cover....... and some of these states cover PRWORA96 statuses.... and some go much much further...1 even allows approved I-130 pending consulary processing full access to facilitate visitors and undocumented with immigrant petitions pending from family members........

It varies by state. In some states, they give pregnancy-only Medicaid without regard to status, e.g. illegal immigrant pregnant women can get it.

Emergency Medicaid is available to any and all immigration statuses / undocumented / etc in all states - as its a federal mandate bypassing the 1996 PRWORA standards.....

Does not the DV need you to show you can support yourself?

Income and probably assets come into play.

DV doesn't require i-864 but is subject to public charge. However, medicaid (exc. long term institutional) is not considered for public charge arguments.

The specific issue is whether State of FL has written their SPA to grant DV early access to full scope medicaid using state money.

I would have to look into that to know...

OP needs to apply using HEALTHCARE.GOV and it will ask his I-551 # and Alien # and Date of Status and for his wife/friend.

It will determine the status versus its decision matrix and route/disposition appropriately.

His biggest frustration may be that as a new DV without credit report, he may not be able to verify himself with the credit questions as easily as others and may have to apply the slow way.

I know regular Medicaid is recoverable from your Estate, does that apply to Emergency Medicaid?

How did you get your GC?

For Full Scope Medicaid -- the estate recovery applied to 55 and older (non disabled). Also above a certain age eligibility shifts from MAGI to Non-MAGI meaning from adjusted gross income with no asset focus to a focus on asset standards as well and potential estate recovery.

Emergency Medicaid bypasses all of this..... there is no recovery for the Emergency Medicaid products....

My friend in Florida with similar case got the Medicaid rejected 2 times, they told him you can go for emergency in some hospitals for free depending if the case considered as emergency case.

I got it through DV Lottery, also my friend the same.

REJECTION letter "might" speed up your app - but if SAVE is up and Healthcare.gov working, the state CHIPRA s214 guidelines are written into the code and it will know your immigration COS and that you can't get full scope medicaid and make you eligible for exchange plans. Healthcare.gov will run SAVE database for most states and take your COS code from your LPR status and the date of issue. The logic in many states will realize you are not eligible for medicaid and auto-forward you to an exchange plan with a big subsidy. Meanwhile they would often refer the pregnant party for emergency medicaid enrollment (emergency medicaid immi status doesnt matter).

When you fill out application on HEALTHCARE.GOV ---- one question it will ask if HAVE YOU BEEN REJECTED FOR MEDICAID for an IMMIGRATION REASON?

ACA has a failsafe written in to protect immigrants under 100% (133% in expansion states) of Federal Poverty Line who cannot qualify for medicaid for immigration reasons..... Normally the ACA Tax Credit (APTC) requires income to be above this threshold..... so OP gets the bypass.

OP - what is your monthly income & estimated annual income -- (sorry to ask - you can private message it if you want) -- you need it to calculate your anticipated tax credit... the online calculators won't work for you if you're under 100% FPL because they'll say you qualify you for medicaid.

In ACA under 100% FPL --- 2% of Modified Adjusted Gross Income (MAGI) divided by 12 is your monthly healthcare contribution (if you meet the other required for exception)..... and the spread to the 2nd lowest cost silver plan costs becomes pre-paid on your premium....

Also you can get silver plans but have the deductible drop often to 0 - 500$ range (instead of 5k+) and out of pocket max often 500-1500 when 0 - 100% FPL..... again, it was an ACA failsafe that was lobbied for by pro immigrant organizations and slid threw.

You likely need to have some sort of proof that you're residing there.

'

Technically you are required to be RESIDENT in the state of application for Medicaid and CHIP.

However, each state files an SPA Standards document with HHS every year attesting to their METHODS for a wide variety

of things from Residency to Income Verification.

You can read these on MEDICAID.GOV as they are all PUBLIC DOCUMENTS.

CA wants proof of residency for instance.

NY accepts stated residency with an address in state

and then there is everything in between but many medicaid pay-per-service and medicaid managed care plans (compulsory) force geographic service limitations..

It also shows to their of their integration with IRS, Motor Vehicle, New Hire DB in-state, and other data sources they intend to use...

essentially its the states' declaration of verification methods they'll use.

LISTEN CLOSELY --- THIS REPLY HAS FACTS TO HELP - NOT CONJECTURE OR OPINIONS or attempts to frighten/condemn you

1. FIRST PRE-EXISTING CONDITIONS are gone in America ----- so ignore the comments on pregnant women not getting coverage. EMLATA also compels emergency treatment to anyone in the United States entering an ER in urgent need. This Reagan era law bankrupts hospitals but it may help you.

2. CHIPRA Section 214 allows states to elect to offer PREGNANT IMMIGRANTS and CHILDREN otherwise ineligible for Medicaid due to the 5 year wait medicaid from Pregnancy through 60 days post-partum. FLORIDA IS NOT ONE OF THESE 16 STATES. So you might want to move.

3. If you want to know the states that do follow this link below ---- KNOW THIS THOUGHT: CHIPRA Section 214 FORBIDS states to Deem Joint Sponsor Income and to use the I-864 for recovery for PREGNANT WOMEN and MINOR CHILDREN in states making these SPA election. Outside of this time frame, many states will deem joint sponsor income and may legally pursue repayment -- BUT NOT DURING HER PREGNANCY through 60 days post-partum. CHIPRA 214 blocks deeming and sponsorship is states whose Medicaid plans adopt it.

CHIPRA SECTION 214 ADOPTION STATES:

http://www.medicaid.gov/medicaid-chip-program-information/by-topics/outreach-and-enrollment/lawfully-residing.html

4. NOW - ACA ("Obamacare") has exchange health plans available in Florida. Go the HEALTHCARE.GOV to learn more.

5. Depending upon your TAX HOUSEHOLDER INCOME (you and wife and your dependents) -- you may or may not meet Florida's level for

For PREGNANT WOMEN -- its 190% of Federal Poverty Guideline assessed monthly --- but that doesn't matter as her immigration status will block her in Florida. So its a moot point!

6. ACA LOOPHOLE --- If you are denied MEDICAID for Immigration Status and your income under less than 100% (or 133% depend on state) of the poverty Guidelines, then you can claim a TAX CREDIT (in Advance) which the government will pay against your Exchange Plan insurance that you purchase through HEALTHCARE.GOV ..... This can mean you get a Non-Medicaid Plan for REALLY REALLY REALLY CHEAP... In fact under 100% FPL is 2% OF INCOME as what you should pay for 2nd lowest cost silver plan on Healthcare.gov ... the entire difference (prorated monthly) is subsidized by the Government!!! (but you still pay spread above 2nd lowest cost silver to actual plan you pick )

7. If your ANNUAL TAX HOUSEHOLD income is higher, you'll get less help but up to 400% of Federal Poverty Line -- you'll get some subsidy in general. The Health Insurance from Healthcare.gov will be lower premiums this way.

8. BIG CATCH: Medicaid can be enrolled in any time during the year BUT EXCHANGE PLANS must be in open enrollment period or a Special Enrollment Period.... HEALTHCARE.GOV will guide you through this. Fortunately, you're near open enrollment anyway !!!!

9. Platinum plans are better for pregnant women if Tax Householder income is above 250% FPL -- but below it --- Silver Plans get CSR (Deductible and Out of Pocket Max subsidy) to make them more affordable but only below 250% FPL.

10. Failsale is EMERGENCY MEDICAID as you said--- if you financially qualify -- Some states provide PreNatal Care as part of this but many states DO NOT and would only cover the emergency delivery. I-864 does not apply to EMERGENCY MEDICAID - only regular in some states. Most states would let you signup for Emergency Medicaid ahead of time.. others arrange on the fly at the hospital on delivery. For FL, I can't answer you.

Go to HEALTHCARE.GOV and get started...... even if you didn't follow everything I said --- its a place to start.

Remember that for Exchange Plans:

1st to 15th of month applications will allow enrollment on 1st of following month

16th to 30th --- 1st of month after----- so there will be a delay while your wife is getting coverage...

In the meantime, you'll want to use Community Centers/ Cash Oriented Facilities to get your wife's

Nuchal Transluceny (NT) Scan

Level 2 Anatomy Scan (very important)

Labwork (screening for HPV/ CBC to monitor for anemia / Monitoring for gestation diabetes) etc...

Blood Pressure / Swelling on Legs / etc.

Hope this helps............. apologies for some member comments... and the VJ community not helping as it should!!!!

K3s no longer exist....an L1 to H1b is NOT an NIV DESIGNED for COS/AOS, nor the reverse....same for 'G' visas, C1Ds are totally out of the picture...J1s are NOT DESIGNED for AOS...only the K1 is 'pre-programmed' for an eventual COS...

Shall I list my resume as a CO versus yours? Or perhaps you might care to share the number of applicants you have interviewed for visas? (0 is the number you are looking for)

I did not say that a COS from some other types can't happen...just none of them are specifically designed for that purpose...but then, had you even been a CO, you would know that.

Not meant to be disrespectful but the use of the word "design" came into play. "Design" versus "Permit".

H1B AOS is common and many F visas wind up AOSing all the time as you know, but were they "designed" from original idea for that purposes? NO. I get your point. But the language used in the act clearly provides for the possibility of these adjustments occurring. I would argue that the INA drafters would have had to know other types would adjust in the drafting and that therefore the word "design" can be broadly interpreted to include the motives of the drafting committee which will forever remain unknown unless we hear about in a long lost Kennedy biography. They argued so hard that Chain Migration would never occur with the INA and never change the face of America.

I see your point on "design" but its almost academic when the drafted language permits adjustments from so many other types.

Thanks for contributing to VJ.

Far simpler to just eliminate ALL COS/AOS from a B2....period. A K-1 is the only nonimmigrant visa that is DESIGNED to allow/engage the AOS, so, leave it that way. Without exception. Then, no more loopholes.

Incorrect.. shall I list the other dual intent non-immigrant visas designed for Adjustment as you say?

CatherineA --- I have read the entire AFM --- how about you?

I have read the entire INA with all the modifications over time - how about you?

K3 is a Non-Immigrant Dual Intent generally Multi Entry marriage visa unless specifically restricted.

K1 is a Non-Immigrant Single Entry restricted D/S to 90 days visa for a fiance.

CR1/IR1 are Immigrant Visa for married persons to enter for purposes of conditional or permanent residence which occurs at POE.

CR6/IR6 COS are AOS versions of same above which never have a visa issued as they are adjusted COS type stateside.

Big surprise - Many people marry and the 1 spouse stays abroad and the other stateside and they visit back and forth for years before

deciding to file and be together.... many of these parties are on VJ regularly. "Part time relationships" "Distance marriages" however you want to term it they can be K1 or K3 Part Timers OR

K1/K3/CR1/IR1 Full Time Relationships when U.S. citizens live overseas with their fiance's or spouses for years before seeking an immigration benefit.

The specific scope of my reference was part time relationships whether K1 or K3 as having a greater fraud risk characterization...... as opposed to full-time relationships whether K-1 or K-3...... again, my comment relates to the face that significant time co-habitating together reduces the potential for sham marriages where a party is being played or is knowingly in a sham.

As for my other statements ---- people give up their whole lives for love all the time... don't insult the people who leave their U.S. life and job and career and everything they know and move abroad to be with someone they care about.

I realize K-1 is personal to you but you'll never convince the typical American that 1 meeting in person and Skype records are the same as living with a spouse for many years together nomatter where on the planet you are. The number of K-1 runoff stories abound. The marriage fraud rates are shocking.

There are tons of B2 AOS and K-1 scammers --- and many times the U.S. citizen isn't aware of the scam being played.

LETS POLYGRAPH COUPLES about their RELATIONSHIPS !!! Suddenly wait times for interviews would be 1/3 and all the legitimate relationships waiting for interviews would smile ear to ear ................

CATHERINEA POST:

Part time relationships? Really? Here I was thinking it was possible to disagree without being rude or mean- spirited. Do you even know what a K3 actually is? Because (spoiler alert) it's not for fiances or "part timers". It's for married folks.

Far simpler to just eliminate ALL COS/AOS from a B2....period. A K-1 is the only nonimmigrant visa that is DESIGNED to allow/engage the AOS, so, leave it that way. Without exception. Then, no more loopholes.

Create a K-EXPAT visa class---- think about a K3 as a long-term non-temporary visa --- with dual intent purposes that lasts for 5 years with Multiple Entry / Duration of Stay ...

Expat U.S. Citizens overseas can then file for K-EXPAT, undergo enhanced relationship scrutiny, bypass the intent discussion for bona fide marriages of U.S. citizens. K-EXPAT would require an INA modification to permit non-US domiciled U.S. citizens to sponsor while maintaining foreign domicile.

THEN if they stay... a K-EXPAT would need to AOS to CR6 or IR6 COS code (AOS form of CR1/IR1)

2 Levels of Relationship interviews which would tend to be spaced a minimum of 6 months apart but very realistically 1+ years apart.

simple solution: END ALL AOS FROM B2 VISAS, WITHOUT EXCEPTION.....PERIOD....

What about H1B ? L? O1? M ? F? J1? Ban AOS there or not? What about B1 (biz/invest) to EB5 Conditonal Resident? Same there ?

Treaty Traders? block them ?

Should the magical "THEY" do that --- or are you going to draft the amendments to the INA, circulate it, and lobby for your changes?

Executive action and administrative executive standards cannot accomplish you goal, only Congressional amendment of the INA.

PEOPLE ON VJ ARE POLITICAL WHEN NEEDED

When DACA got priority ahead of legal immigration, many on this site contacted Congressman, White House, Media etc.

We lobbied Congressman, set online petitions, spoke to Ombudsman at USCIS, DHS leadership, and others. We had

several major media articles instigated by outreach to reporters.

I wrote sample question and emailed to Senator Cruz and others.. and guess what...

I heard my questions ASKED of USCIS executive leadership on CSPAN...

On a USCIS Director Q&A call-in, a member of this site asked the USCIS Director himself about delays....

I support your right to have an opinion..... but why share it if you don't act on it... if its what you believe.. the get on it mate!!!!

Ironically, a lot of people think that part-time relationships via K-1/K-3 using Skype logs as evidence should be closed off...

This has come up in Congressional hearings..... I think its much more likely to see K-1's limited than what you suggest.

The 1 year living together in U.S. or overseas before immigration benefits has been suggested....

Do it before name-change but with a minimum of 10 days after entry... here's why.

SSA will run a query on the SAVE database on the K-1. Not the NIIS.

My experience and grape vine suggest the following:

A. If SAVE database exact match on name/data -- ie. Real-Time Match --> Card in your hands in under 2 weeks (probably get a 2 week letter)

B. If SAVE no-match/mis-match / some issue - Manual Submit and wait -- 2-4 weeks background processing --- over 4 weeks for SSN card.

C. If no SAVE = MANUAL USCIS FORM = wait for even longer than this. Possible revisits. Possible frustration.

SAVE is 10 days for update from a USCIS keystroke by policy. When does USCIS population the K-1 data into SAVE?

Good question --- NO IDEA. Is it there from 10 days after your visa is approved? OR does the CBP POE have to activate the status and does that require a few days for them and then 10 more days to get from USCIS to the SAVE database..... don't know.... so I suggest you error on the side of getting the REAL TIME SAVE MATCH at least for your initial SSN issuance.

Personally I would go for the SAVE Exact Name match (before marriage maybe POE + 14 days as a safety limit) and get the maiden name card with the restricted legend on top just to get the card in fastest time.

Then I'd update with U.S. Marriage Certificate separately (card #2) .... (still restricted legend)

Then I'd remove the legend after the GC is approved (+10 days) - card #3 - with legend removed....

If wife doesn't need US Drivers License, Exchange based healthcare or other thing involving matching SSA data / SAVE data etc.... and your interview date was close enough--I might skip #2....

That all being said:

Motor Vehicles will look to match --- the EAD Card SAVE DATABASE name with the Social Security Card.... ( I realize US Citizens with marriage certificates from in U.S. can often swap surname before to SSA update --- but expect this will vary state to state -- and for immigrants the federal identity standard often prevails (DHS first ).

I have conjected here at times... but I wanted you to visualize what we learned the hard way with 10 days SAVE updated.. and after

several SSA trips.

What % of posts on this thread offer useful and accurate information about immigration law or process?

a few....

What % simply pass personal opinion or judgment and provide no meaningful or helpful advice to the poster?

most....

How many contributors to VJ with actual statutory knowledge just give up on helping others due to the amount of this..

many... people just burn them out...

If you dislike AOS, then write a draft statute to amend the INA and push it around Washington or be silent.

For those using the "I" word constantly like a broken record spinning:

Read the Adjudicator's Field Manual reference for definition of "misinterpretation" and definition of "fraud" ... it is quite an elaborate

definition and you must fulfill the entire tautology to be so deemed. 8 year old visa, multiple prior U.S. trips, disclosure of intent on arrival. One of the judgment passers, kindly provide the citation that would lead to the conclusion of fraud based on what the person disclosed???? REPLIES? Even if something was mis-stated, the AFM/INA provides for his right to recant/correct his statements in a timely manner and be forgiven anyway.

For the BURN THE AOS'ERS MOVEMENT ON VJ:

Some people NEVER accept living away from their spouse/fiance. Many U.S. Citizens move abroad to war torn countries to be with their spouses sooner than be away. Others keep their U.S. job and home and ELECT TO VOLUNTARILY be away from their Wife/Fiance -- often for career/financial reasons but sometimes family/medical/etc. .. and that's their personal decision.... But why are so many distance marriage parties so judgmental on this site ....... I'm not the first to mention that the PREACHY JUDGMENTAL TIRADES generally by consular filers toward AOS filers are obnoxious. Oftentimes, bad information is given out trying to accuse, frighten, or misinform the poster when even the smell of adjustment comes into play........ Support each other-- stop the attacks!!!

Do you think H1B & L1's adjustments are doing you some harm too?

I ask to determine if its ANY AOS that bothers you or is it your strong personal feelings about PCI definitions in the INA ?

Also -- B2 AOS for an 8 year old visa with plenty of multiple uses prior is not going to alter consular officer approval standards....

the 30/60 rule actually came from DoS Consular Manual and not the USCIS AFM which is the irony of it...... and 8 years is a long time..

IRONIC THOUGH--- He's coming from one of the FASTEST DCF COUNTRIES out there.... he would have been done in under 60 days and with a Medical Expedite Letter probably far less!!!! ...... the AOS will take him much much much longer.

Please excuse the typos.... I urge everyone to act like a community and help eachother.

Bangkok DCF's are under 60 days to IR1 VISA if you (U.S. citizen sponsor) maintain 6+ months residence in Thailand on an appropriate

visa type. (Tourist visa-run scenario does not work).

So were you on a long-stay Retirement Visa or Business/Marriage Non-O / Non-B 1-year extension of stays or similar in Thailand?

If so, just walk the filing over to the USCIS Bangkok office in person. Some had I-130's approved in 48 hours there. I've seen a 28 day end to end but 45-60 days seems more the normal for Bangkok DCF filing.

If you can't DCF, then yes, you'll be waiting much much longer.

Your long U.S. medical trip could interfere with your ability to DCF, so think about that! Perhaps short term medical treatment and then return to DCF your petition.

Also think about Domicile: DCFing you'll need to prove intent to establish domicile, so begin some domiciliary steps while stateside, Lease/Buy Property, Buy a Car, Get Insurance on it, Mobile phone contract, Job, moving quotes, etc. Evidence that you intend to change domicile back or already have changed domicile back stateside. If you AOS stateside instead, most USCIS interviews will be 4 - 9 months out by which time your physical presence in the United States that long becomes de facto domicile and I wouldn't expect domicile questions stateside.. whereas consular DCF interview would.

As for AOS Thinking:

Canvas 2 or 3 immigration lawyers stateside about what happened. Did they Parole her In for Deferred Inspection or admit against the B2 ???

Was the visa revoked? voluntarily rescinded? did you sign anything? notes with INA references in passport?

• Matter of Cavazos, 17 I&N Dec. 215 (BIA, 1980). In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain.

Bear in mind that case precedent for Immediate Relative supports the Strength of Family Unity above any PreConceived Intent IF AND ONLY IF that Pre Conceived Intent is the ONLY MITIGATING FACTOR in the filing.... so is it the only mitigating factor?

I-864 DILEMMA ---

You can meet this with Assets or Income that Remains Available to you in the U.S. (Even if its a foreign employer as long as it continues stateside).

For many without the assets, its easier to find work to meet the FPL standard while stateside versus overseas. Consider this.

Otherwise, you can always rely of family stateside as Joint Sponsor as a backup.

CONCLUSION

Many people on this board resent the AOS process when they went through Consular filings and are personally biased against it.... Still since '65 its never been removed from the INA.

That being said, yours is a tricky situation. Case precedent remains on your side but it sounds as though you had PCI and discussed the PCI with the CBP officer at the Point of Entry if I understand you correctly. Even if you are granted discretion (AOS), when you naturalize her, the PCI might come up again (i doubt it though). The bigger issue --- I think you will find yourself very very very stressed during your medical issues over whether it will work out or not.

Thus, I suggest getting a few consults from immigration lawyers, but in your case.... I think you should consider returning to Thailand for a quick- DCF process immediately if you can postpone your procedures and then return 2 - 3 months later with her IR1 VISA.

If you can't DCF in Thailand (due to your visa type), then it would be a much more difficult situation to think about.

Read the Adjudicators Field Manual on USCIS website. You can see the guidelines.

Life's easier if you haven't made up your mind yet.