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Unchained

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Posts posted by Unchained

  1. Okay I didnt post in your other thread before it got locked. You have a lot of things going on- so,

    #1- Preconceived Intent. "The issue that arises for non-immigrant visa holders who may want to apply for a Change of Status or Adjustment of Status is that in doing so, it brings into question whether or not the applicant had a preconceived intent at the time that they were granted their non-immigrant visa; this is the basis for the 30/60 day rule. According to the Department of States Foreign Affairs Manual (9 FAM 40.63, N 4.7), the 30/60-day rule is meant to be used for guidance only, since it is not governed by the statutes or regulations. Thus, it should not be used in a denial.

    ... If an alien files an immigration petition or applies for an adjustment of status within 30 days entry into the United States, the USCIS would likely find that the alien entered with fraudulent intent to remain in the U.S. and the non-immigrant visa would be classified as fraudulently obtained under the laws.

    If the alien applies for a change of status or adjustment of status after 30 days but before 60 days after entry, the USCIS could view the change or adjustment with an assumption that he/she had a preconceived intent to enter as a non-immigrant. However, the assumption may be rebutted by the applicant with evidence showing a change of circumstances

    .While it is not a guarantee, if the alien applies for the change of status or adjustment status after 60days of entry into the U.S., USCIS may not look upon the application negatively. "

    So which category are you? Likely, could, or may not? This is the best answer you are going to get. No one knows. Clearly obtaining a marriage license beforehand falls into evidence to the contrary of no intent, so at the very least you can not use it to show there was no intent. Most people can show they got married on a whim by showing the license date. You can not use that. Will they look at it/into it on their own? Possibly. NO ONE can tell you that it is going to be researched or not. The best anyone can say is they have the right to research it. Period. Will they? Its unknown but they can.

    #2 Child custody and Parental Consent. Here is a long and detailed webpage explaining it.

    https://globaljusticeinitiative.files.wordpress.com/2010/06/alanen-parental-consent-for-child-visa-issuance.pdf

    Please read it. It explains EVERYTHING. They are looking to ensure that you have the legal right to move your child. If you state you have sole custody- hey I believe you, but you need to demonstrate that to the US. Please refer to the paragraph in the above link where it talks about Mexican Family law. Patria Postesdad. Does Iceland have something like that? I dont know. Generally you need to demonstrate who the parents are and that you have the right to move them,. I would urge you to contact the Embassy in Iceland where if you did do a K visa you wouldve went through and ask them specifically what is needed in your situation of "sole custody". You can email them they have contact us info available online.

    Sir/Madam, nice epistle but as it has been flogged a million times on this forum, i thought by now we all understand that "intent" alone cannot be the sole cause of a denial of adjustment of a USC spouse.

  2. How do you know?

    Boiler, i went for an interview and before it began(it was IQ test,maths&reasoning), i was handed a form to fill, on the form it says;

    Please print your name and indicate your race.

    I still can not understand the essence of that. I had indicated that online when i was filling out the application. I felt it was kinda discriminatory somehow, perhaps the right candidate must be of a certain race or ethnicity? in which case defiles EEO.

  3. Yes I am so sorry, again the language failed me, it is license, not the certificate.

    We got the license from a previous visit as we were planning to do K1 when we got back (we thought the license would of been a good proof to use that we had every intention to get married after entering USA on K1) but we decided to go for another visit and collect more proof of a real relationship and was going to file for K1 when going back after this visit but instead got married.

    So you dont think they will look into when we got our license?

    Ma'am,

    I am quite confused. How long did you have the license for before this visit where u changed your mind to get married? I believe a marriage license expires after a few months-not more than 90days. Correct me if i am wrong.

    Having said that, as some experts have advised, if you cannot solve the puzzle yourself and we are not telling you what you want to hear, pls seek the help of a legal representative-He will be able to sit you down and tell you what is obtainable.

  4. The company that I worked for has an office in the USA . I did try to get a transfer but that didn't work out either. The industry I worked was oil and gas and facing a downturn with oil prices. But everyday i come across numerous jobs that are relevant to my work experience and been applying. something doesn't seem to click.

    i assume i am not the only one experiencing this situation .i think unless i do something different i will get the same response ( or rather no response ).

    thanks for the support

    I understand your grief because i can relate to your situation. Ive been in the job market for over 3months. I have lost my mind & found it again several times and it is safe to say moving to america is not easy. I also applied to minimum wage jobs in retail but they didn't hire me which came to me as a shock.lol. All u can do is keep searching. I had an interview on Wednesday last week and i still haven't heard anything and i have 3 more interviews this week and next. The bottom line is the search should never stop. Something will come up. All the best.

  5. A good news from unchain this morning,

    He just got his interview date on 29th Oct 2015. I am happy for him and for all Houston filers too which means Houston is working on April filers. I told unchain before around the begin of this month September 2015 they are working on March filers. March filers were passed, now they are processing April and Next month will be May and June filers as well.

    Yes bro. Your guess were correct. Thanks for the helpful info and i pass it on to everyone else waiting. Ur notice will come to u soon. I am just nervous now.lol

  6. The train keeps a rolling and he just keeps gaining more support, He is almost a shoe in for the Republican Nominee at this point.

    Democrats are starting to do the death roll with Hillary, Sanders is a fool, and looks like Biden might be the Democratic Nominee

    Interesting how things have played out in the last few months

    I went to the Trump Rally in Dallas last week, very interesting to see that many people show up rally with only like 5 days notice.

    It seems true to form that the silent majority is about to make Trump our next President.

    Who wouldn't go for a comedy show, huh?

    Its like saying kevin hart is in town and you expect people not to turn up? I am not trump's fan but if he comes here i will turn up just for the laughs.

  7. The TSC was was plugging along nicely through the Feb files and after this last holiday it seems things are a standstil. They've approved maybe 3 March files and then about 3 times that from July and August. What's going on?

    I hope someone cam explain to me. Almost 6months no interview.

  8. Hi guys I want to know if this as ever happen to anyone.. me and my daughter status went from they accept finger print fee to welcome notice sent no interview or anything. We got a rfe for my daughter in june we sent it in july now we get this I'm in new york and I filed april 27 so this is soo surprising to me. I was out of status over a year because of financial difficulties but we filed and this is the outcome I'm soo surprised whew..

    Wow never heard of that but congrats.

  9. When did you find work? Were you able to find it before your green care arrived? Husband has EAD but no green card yet and is having a hard time.

    I know how difficult it is as i can relate. He just needs to keep searching, never stop searching. Use online job boards, indeed.com, careerbuilder,ziprecruiter.com. When he gets to their home page, he should type in his zip code in the location field and click on search button. This will bring out all the jobs in that area and a little further. Jobs from different sectors, skilled, semi-skilled, and unskilled.

    Just keep searching, thats what they told me, and i havent stoped.

    Goodluck

  10. I truly believe she is lying to you as she lied to USCIS. She wrote a letter of intent to get married,then do not tell me she did not know.

    It doesn't matter if she wanted a better life for her family,people choose other ways to live instead using fraud.What do you expect from someone that tried to scam your Country?

    We have hundreds of decisions from the Court of Appeals regarding AOS denied because of sham marriages.You will waste time and money trying to get her here .I know she is not submitting document for AOS,but the l130 will be denied. The punishment is severe.

    You didn't ask but here is my advice,find someone's with moral values,because this girl has her moral compass broken. Excusing her fraud attempt is silly to say the least. We have people from poor Countries such as Nigeria Kenya,Philippines,Brazil,Uganda,Colombia etc., that entered here legally.Your girl fraud plan did not work!

    And who might you be judging someone like this?

    Do you know this person personally? or you are just bitter by default?.

    That is supposed to be somebody's wife for Gods sake, if you cannot focus on the subject matter without being judgemental & razz, just read his post and keep moving instead of exposing your natural bitterness on a public platform.

  11. You get three chances before you have to pay again. My husband took his at Angleton and lost a few points (I think 4) for the blinker pulling out of a perfect parallel parking. The examiner didn't even give him the full test. Half of it was blank. She said "I can tell you are a good driver. You pass", after he drove around two blocks in a residential section.

    Do you also know when changing lanes 1) turn on blinker, 2) look in mirror, AND 3) look over your shoulder behind you to the lane you will enter. They want you to turn your head and check the blind spot you might miss in the mirror. If you don't do that already, then practice it so those three things are seamless. Just a quick turn of the head, chin almost to shoulder, to make sure nobody is in that lane.

    Yeah, going slow is as dangerous as going too fast. Speed it up.

    Thank you so much for the heads-up.

    I figured looking over the should is very important to them because he mentioned my observation was bad. lol

    Well I guess i know better now.

    But would they have me do the driving test all over again from the beginning or just the areas i failed?

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