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arken

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  1. Like
    arken reacted to Chancy in Sending a complaint letter to Islamabad US Consulate   
    What is the status of the person you want to complain about -- US citizen, green card holder, or visa holder?  Is there an ongoing visa case, either his own or his 3rd spouse?  Also, do you have a copy of the marriage certificate for the 2nd marriage?  Your complaint may just end up being ignored if you don't have credible and verifiable evidence.
     
  2. Like
    arken got a reaction from RO_AH in What do we do if it's been more than two years since we met in person?   
    2 year in-person meeting requirement is to file the petition not for the interview. However a CO could make a judgement call on the relationship if it's been a while you two have met.
  3. Like
    arken got a reaction from mashtates in Leaving close to expiry date - was this a bad idea?   
    The extension of the petition is for issuing the visa in the cases where the interview doesn't occur within 4 months. It is not related to travel after getting the visa. Like i said sometimes there could be misinformed agents giving hard time but that's not in your control.
  4. Like
    arken got a reaction from Crazy Cat in Leaving close to expiry date - was this a bad idea?   
    With lengthy K1 interview delays  these days, if one sticks by 4 months validity from uscis approval date while ignoring the visa validity, nobody would be allowed into the US on K1 even if they travel the same day after getting the visa in hand. 
     
    How far was your interview from the i129f approval date. If it's more than 4 months and you happen to encounter such misinformed CBPs, you would face same issue whether you enter the US on May 11 or Oct 27. So don't worry about such.
  5. Like
    arken got a reaction from Timona in Can I bring my K2 (19 years old) to my AOS interview   
    Interview without an interview appointment. 😁
     
    In the best case scenario, even if the security lets your child accompany you and and IO is ok with it, he/she won't have your child's file with him to interview her or go through her documents. 
  6. Like
    arken got a reaction from 0NI in Can I bring my K2 (19 years old) to my AOS interview   
    Interview without an interview appointment. 😁
     
    In the best case scenario, even if the security lets your child accompany you and and IO is ok with it, he/she won't have your child's file with him to interview her or go through her documents. 
  7. Like
    arken got a reaction from BasmaHicham in ESTA To AOS Potential Problem?   
    I don't think recommending OP to go with AOS is violating VJ's TOCs. OP's wife is in the US at present, was admitted lawfully, and is now married to a USC. She overstayed like other hundreds of thousands if not millions for whatever reason. Some overstay for lots of years, find love at some point, marry and do AOS. Her intent was determined at the POE. What was in her mind is all hearsay unless she says that to a CBP or an IO. Who knows she could still be using OP just to get the GC and might divorce him soon after getting GC. Nobody knows. But at this point they can go with AOS.
  8. Like
    arken got a reaction from Garfield85 in ESTA To AOS Potential Problem?   
    Don't worry, just petition for her and go with AOS. She is already here, the CBP admitted her in. Case closed. Unless she signed a sworn statement in front of CBP that she will return back in 90 days, no issues. If you are truly in love, go with it. And don't worry about what she said at the CBP. All non immigrants will say they will return but plans change. What was in their mind beforehand, nobody can tell.
     
    At least she got married and now will go through the AOS almost 1.5 yr after entering Us. There are lots of people who get married and go with AOS in the first few months of arrival on ESTA or B2 or other non immigrant visas. 
     
    Let your nephew graduate and handle few related cases or have him join VJ for his projects or thesis on immigration cases and he will change his opinion and will say "yeah go for it, no worries, she doesn't need to return". Partial knowledge is dangerous.
     
     
  9. Like
    arken got a reaction from Dashinka in Which version of I-864 Affidavit of Support to use?   
    This. 
     
    Are you trying to help your ex or just trying to figure out his next steps. May be he already knows what to do. If he asks for your help and you don't know, directing him to join here is better so he can get the advices directly and nothing get lost in translation.
  10. Like
    arken reacted to Verrou in Which version of I-864 Affidavit of Support to use?   
    he can use last year tax transcript because that's the latest. does he work at the moment ? 
    there's only 1 version for i-864 and he can download it through uscis website. 
    if his current annual income ( 2022) is not enough, he will need joint sponsor. obviously joint sponsor need to have income. hence " sponsor" 
  11. Like
    arken got a reaction from STO Overland in Tourist visa (B1\B2) to Student Visa (F1) inland status changed   
    You just travel and hope for the best.
    Flying or drive, you may still be subjected to the same level of issues. It all depends on the POE officer. If flying may be best to fly through airports with US pre clearance facility so you would know if you will allowed in before getting on the plane. 
  12. Like
    arken got a reaction from Chancy in Tourist visa (B1\B2) to Student Visa (F1) inland status changed   
    You just travel and hope for the best.
    Flying or drive, you may still be subjected to the same level of issues. It all depends on the POE officer. If flying may be best to fly through airports with US pre clearance facility so you would know if you will allowed in before getting on the plane. 
  13. Like
    arken got a reaction from nastra30 in Tourist visa (B1\B2) to Student Visa (F1) inland status changed   
    You just travel and hope for the best.
    Flying or drive, you may still be subjected to the same level of issues. It all depends on the POE officer. If flying may be best to fly through airports with US pre clearance facility so you would know if you will allowed in before getting on the plane. 
  14. Like
    arken got a reaction from Tanveer_Kapoor in Tourist visa (B1\B2) to Student Visa (F1) inland status changed   
    You just travel and hope for the best.
    Flying or drive, you may still be subjected to the same level of issues. It all depends on the POE officer. If flying may be best to fly through airports with US pre clearance facility so you would know if you will allowed in before getting on the plane. 
  15. Like
    arken got a reaction from Tanveer_Kapoor in Tourist visa (B1\B2) to Student Visa (F1) inland status changed   
    Successful B2-F1 cos changed your status in the US, it didn't change your existing B2 visa. You visa is still active.
     
    Will you face issues at POE? May be considering your history. Nobody can tell what'll happen. You may be allowed in or told to go back to Canada.
  16. Like
    arken got a reaction from Chancy in Tourist visa (B1\B2) to Student Visa (F1) inland status changed   
    Successful B2-F1 cos changed your status in the US, it didn't change your existing B2 visa. You visa is still active.
     
    Will you face issues at POE? May be considering your history. Nobody can tell what'll happen. You may be allowed in or told to go back to Canada.
  17. Like
    arken got a reaction from Chancy in USC for children living overseas of newly naturalized USC   
    Not sure why they were petitioned so late and not with their mother.

     
    Not possible.
    In any case as said, they can only gain US citizenship once they enter the US with their immigrant visas and reside with her. You can apply for their passports directly or file for their N600.
  18. Like
    arken got a reaction from Adventine in What do we do if it's been more than two years since we met in person?   
    2 year in-person meeting requirement is to file the petition not for the interview. However a CO could make a judgement call on the relationship if it's been a while you two have met.
  19. Like
    arken reacted to Boiler in What do we do if it's been more than two years since we met in person?   
    Well sounds like you are OK as far as the meeting is concerned and meeting the minimum requirements.
     
    I can see other issues
  20. Like
    arken got a reaction from Family in USC for children living overseas of newly naturalized USC   
    Not sure why they were petitioned so late and not with their mother.

     
    Not possible.
    In any case as said, they can only gain US citizenship once they enter the US with their immigrant visas and reside with her. You can apply for their passports directly or file for their N600.
  21. Like
    arken got a reaction from Family in H-1b visa grace period [merged threads]   
    There is no tricky spot or concern for your i539. If you leave today, you will not have overstayed. While future h1b visa is not a guarantee but at least you won't have an overstay in your record. Keep the evidences of your departure like boarding passes or passport stamps at the destination country. You can withdraw your B2 COS anytime from abroad. Nobody is touching your B2 COS for another 6 months or more. Whether you apply for withdrawal today or a week/month from now, it's the same thing.  It's best to apply for withdrawal after you have left with the evidences of departure so they don't send you an NTA. Focus on leaving today not to close the door or future non immigrant travel or stay. Have your employer file the H1B with consular processing and not a COS in the US.
  22. Like
    arken reacted to mniceguy16 in USC for children living overseas of newly naturalized USC   
    Her kids automatically get citizenship under her ONLY if they are present in the USA with green cards at the time of her naturalization.
  23. Like
    arken got a reaction from ahmetdenizusta@gm in What to do if AP takes too long?   
    In general, the CO keeps the passport during OP. In case of extended AP, you can request your passport back.
     
    Once you travel to the US on AP, you are no longer on H1B status. You can continue working for your employer though. If you withdraw your visa application it will very likely be considered withdrawn more than rejection.
     
     
  24. Like
    arken got a reaction from Timona in What to do if AP takes too long?   
    In general, the CO keeps the passport during OP. In case of extended AP, you can request your passport back.
     
    Once you travel to the US on AP, you are no longer on H1B status. You can continue working for your employer though. If you withdraw your visa application it will very likely be considered withdrawn more than rejection.
     
     
  25. Like
    arken got a reaction from Chancy in H-1b visa grace period [merged threads]   
    The B2 cos receipt notice does give you an authorized stay while it is being processed. It does not give you any status though unless it's approved. However it is taking more than a year to process it and the maximum it will allow you to stay is 6 months. You have to leave the US regardless within 6 months while it's pending. If you stay beyond 6 months and you get the approval for 6 months, any stays beyond 6 months will be considered overstay. If your B2 is denied and you are still in the US, the entire stay from Sep 11 will be considered overstay.
     
     If your employer files for H1B transfer while B2 cos is pending, your B2 has to be approved first before your h1b can be approved because you won't have any status to change it back to H1b when it's filed. You can't work for your new employer when H1B transfer is filed unlike usual H1B transfer where one can start work while it is processed. You don't have a valid status for H1B transfer while b2 is pending so you cannot work.
     
     
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