SunflowerSweet

7 minutes ago, Poseidon1212 said:

Meh… the USCIS guideline is that they try to adjudicate within 90 days, admittedly that hasn’t happened for a while but if we then go and see the different estimates from different sources then we find that the Lawfully app estimates between 3-4 months based on historical data from their users, VJ (which prides itself to be more accurate than USCIS) indicates 4 months (both based on my timeline for example as well as currently processed NOA PD), USCIS itself indicated 4 months last I checked as well.

 

Now obviously these are not guarantees and it does not, like you said, take into account expedite requests (although by now it kinda seems part of the standard procedure here to ask for an expedite), but it feels disingenuous to state 6 months or more when most estimates point towards a more expeditious timeframe. On top of that, and that is the actual core of the criticism, often times these timeframes are not stated to inform, but to discourage. And the discouragement is not done in the best interest of OP but because of a misguided crab mentality.  

 

The other day I came across a post in which people where advising OP to send back their fiancé after proposal, to get a K-1 visa even though they were ready to get married then and there. That’s just borderline malicious..   

I’ve pointed out in multiple threads over the years that giving misleading (even flat out false) advice based on your moral stance on a certain issue is just all kinds of dirty. I certainly wish it was cracked down on more because I see it happening almost daily. Thankfully there are usually enough other voices to correct over the few, but the fact that it keeps happening at all is discouraging. 
 

I pointed this out in another thread once and it ended with a vaguely threatening “I hope you never get cancer” and me getting suspended for 24 hours. I’m a little gun-shy now because that goes on my permanent account record, where giving false advice doesn’t seem to follow anyone as seriously. 

To be fair, if you’ve been researching this for years it makes sense that your grasp on processing times is a little fuzzy. They are constantly changing, and can get either longer or shorter, and depend on locality.

It took us about a month and a half for AP/EAD, 3 months for the Green Card. That was years ago, and times have swung wildly since then.

It sounded like you already sent the I-129 in? I do encourage a little more research on the actual process, to figure out if there is compelling enough reason to change course. 
 

You mentioned something about different financial requirements than the spousal visa. I believe you are referring to how for at least some countries, the I-134 is used and the level judged is 100% of the poverty level. You will still need to meet the increased requirements, (same as the spousal visa) later on with AOS, so keep that in mind. It worked perfect for us since I was a student/intern during the K-1 process and then had full employment for AOS. 

1 hour ago, Mike E said:

I don’t know if they are common place. I know they occur. Such as http://myattorneyusa.com/uscis-and-the-3060-day-rule-and-the-effect-of-preconceived-intent-on-adjustment-of-status which has a long list.  I expect visajourney’s filters to delete the url so you will just have to do a search on google.  
 

I know when I had my AOS interview from my first marriage, I had left the USA for a family emergency and reentered the USA on my I-20 with clear immigration intent.  I was unaware of the rule.  My attorney went nuts.  
 

It didn’t come up during the interview but she prepared a statement for me to sign.  
 

Just how many marriage based green cards have you obtained for yourself or your spouse?

Imagine giving any attorney still talking about the “90 day rule” any sort of serious consideration. This is why the rumor keeps persisting and we see new threads popping up all the time about a rule that DOESN’T EXIST.
 

Yeaaaah your situation is entirely different to OP’s. You *did* leave and re-enter with intent, which is against the law. In this case the person came to visit, was proposed to while on this visit, and decided to stay. Completely legal, no issues.
 

In your case, you weren’t aware it was fraud, you weren’t stopped and turned away at POE, and it didn’t come up in your interview. You’re lawyer actually sounds rather competent. They had a healthy level of concern about the issue, correctly were alarmed that you entered with intent, had a method to be forthcoming in case it was asked about, but ultimately did not tell you AOS was no longer and option for you. We hear a lot of horrible attorney stories here, yours is not one.

Even though what you did by leaving and re-entering was “wrong”, even you weren’t hindered from adjusting it sounds like. OP has been correctly instructed that their fiancé should not do this. Nothing you said explains why you are trying to scare the OP into a lawyer.

Also, I know it wasn’t me that you asked, but since it’s apparently relevant I’ve helped file for and obtain hundreds of family-based visas, green cards, etc. The attorney I worked for was one of the good ones, too.

10 minutes ago, Nat&Amy said:

B2 visas are misused all the time, and I don't see why a member pointing out that fact makes them "mind readers". The system is flawed. People take advantage of it. Couples that live in different countries have to negotiate when and where they will be together but the essential difference is that the system allows those "without intent" (would use larger quotation marks if they were available) to enter the country and adjust status because they don't want to be separated, but who wants to be separated, really? 

 

So yes, I understand why those that go through consular processing frown upon statements such as "we didn't want to be separated so we will not do the spousal visa and will AoS instead". It's a public forum so there will always be two sides to the discussion.

You can adjust text size on here, there are “bigger quotations”. 

I’m not silencing anyone, am I? “There will always be two sides to the discussion”. Yeah, I’m being the other side.
 

Individuals, often unaware and overwhelmed, come here and ask questions about their legal options within the US immigration system. That’s explicitly what this post is. It’s a public forum so of course people can share their opinions, slyly (or loudly and openly) accuse those in these situations of fraud, and even sometimes blatantly be untruthful and act like AOS is not an option. How that’s okay is beyond me, but whatever.

It just happens in practically every Non-immigrant to AOS thread I’ve seen, and I’ve been here a few years. Even the MOST cut-and-dry, “came to visit and the situation changed and they want to stay” cases, there is usually someone shouting about it.

I agree, no one here wants to be separated from there significant other, and it’s terrible that so many have had to be. But for the few who don’t have to, and have a clear legal path that lets them stay together whyyy would I want to pressure those people to split up? There suffering doesn’t turn back time and prevent me from having to be apart from my loved ones. I gain nothing from it. I’m not sure what anyone else does.

Not sure about Trump, but there sure will be people who will push back on adjusting from a tourist visa, regardless if you are in the legal clear to do so. 
 

Not really sure what the hang up between “real visitors” and laptops is, both my husband and I brought our laptops on all of our visits. They are portable, being able to travel with them is almost intended. 

You can file for adjustment of status if you wish. Others have already mentioned the work/travel restrictions, so if your fiancé is okay with them, you’re set. I can’t think of any reason why you would need a representation. It’s a pretty straightforward process, some people just like to let their opinions bleed into their legal advice and make it seem not so.

As for the rumors of misrepresentation, you proposed to her ON THIS TRIP, correct? I don’t know how anyone can read between those lines and see intent on her behalf prior to entering, but maybe she’s a mind reader!

4 hours ago, Zkot4ov said:

So just randomly decided to check the site and surprised that they scheduled the naturalization interview yesterday. Didnt get any type of notification which is weird. I usually get atleast a text message or email but nothing this time. Anyway, just happy my case is moving forward. 

 

Have pending I751 filed October 2018, dont know if its going to be a combo but really hoping for it. I'm based in the chicago area

 

N400

Filing - Nov 1st 2019

NOA - Nov 8th 2018

Bio app - Nov 14h 2019

 

I751 - pending filed October 2018, last action was finger prints redone in july 2019.

I am sadly part of the forgotten LIN batch that didnt get approved like everyone else around August and October.

 

Hope this helps someone in the same situation.

 

Thanks.

I hope it’s a combo! I’m another one of the forgotten LINs husband isn’t interested in citizenship so unfortunately we can’t use that to try and push things along. We are planning on sending in a letter switching over to a divorce waiver soon, hoping that may have a similar effect.

7 hours ago, tu2008 said:

Simply providing evidence is not enough. 

It’s literally the requirement. 97% approval rate, by the way. I guarantee you there were plenty in that 97% that did not have detailed, itemized lists and they were FINE.

We could spend all day discussing the various "annoying" laws and loopholes that exist across immigration policy and other laws. It doesn't change anything.

OP's wife can adjust status granted they have the proper paperwork with them now and she is aware of and okay with the no travel/no work wait.

Any question, refer to my signature.

3 minutes ago, Jorgedig said:

https://hk.usconsulate.gov/n-2020012801/   <-------------------------   The link to the page about visas is on this page.  Yes, it is legit.

11 minutes ago, Jorgedig said:

The HK Embassy's consular section has that notice I posted, as also posted above by another member.  Not sure why this is so confusing?

And again, that just says STRONGLY ENCOURAGES you to reschedule. If someone decided not to reschedule, why would they expect to get turned away??? How does that change the situation at all?

4 minutes ago, Jorgedig said:

The HK Embassy's consular section has that notice I posted, as also posted above by another member.  Not sure why this is so confusing?

You’re able to get there directly from the embassy website? 
 

https://hk.usconsulate.gov

https://www.usembassy.gov/hong-kong/

I would take any information that’s not on a official .gov link with a grain of salt, which is not the.com site that you linked. There is a lot of misinformation out there with how sensationalized this has become.

7 hours ago, Jorgedig said:

With so much media coverage about the novel coronavirus, it is very surprising that she did not check the embassy's website ahead of time.

?

21 minutes ago, Jorgedig said:

Then you must have missed it.  https://www.ustraveldocs.com/hk/index.html?firstTime=No

 

Urgent information for viUrgent information for visa applicants regarding novel coronavirus:sa applicants regarding novel coronavirus: Any individuals with pending consular appointments who (1) were physically present within the People’s Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, within the last 14 days, (2) are experiencing flu-like symptoms, or (3) believe they have may have been exposed to the novel coronavirus, are strongly encouraged to postpone their appointments by at least 14 days.  There is no fee to change an appointment and visa application fees are valid for one year in the country where the fee was paid. For questions about rescheduling a pending consular appointment, please send an email to support-hongkong@ustraveldocs.com for specific guidance.  Information concerning rescheduling a pending consular appointment is also available at https://hk.usconsulate.gov/visas/.

Entry of travelers who were present in China, excluding the Special Administrative Regions of Hong Kong and Macau, within 14 days prior to their arrival at a port of entry in the United States is suspended, per Presidential Proclamation. If you reside in China, have recently traveled to China, or intend to travel to China prior to your planned trip to the United States, we recommend you postpone your interview appointment until 14 days subsequent to your departure from China.

Didn’t realize that was the official embassy site.

1 hour ago, Jorgedig said:

With so much media coverage about the novel coronavirus, it is very surprising that she did not check the embassy's website ahead of time.

 

All you can do is watch the website and follow the posted instructions.  And hope that the HK consulate remains open.

I just checked the site and there really is no clear notice saying “hey don’t come here, we’re not honoring your interview appointments” At least not one that’s clear on the first page. On the “visas” tab it just has suggest news bulletins, the ones that appear for me are about suspension of entry and an announcement about new aid that is being sent from the USA, the “world’s most generous donor”. On the news tab, there are a few notices but nothing mentioning all visa interview candidates will be turned away. There is one mention of interviews being cancelled, but only on January 29th specifically. I can’t find the notice that was posted in the thread, but even that one just tells interview applicants they are “strongly encouraged” to reschedule interview. I would absolutely still attempt to make my interview after checking the website. 

1 hour ago, Fr8dog said:

If I would have known about the process ahead of time, I would have been able to use this rule. We had been friends for years and one year while I was visiting things got real all of a sudden. I was in between jobs at the time, had a month to month lease and friends and family available to retrieve documents and settle affairs for me. So even though it's rare, it is possible to fall in that category.

We almost did it too! Near the end of one of his visits he surprised me and proposed and we discussed the possibility of just getting married on that visit and filing for AOS. He had just graduated from university and hadn’t even started looking for work yet, and he had just moved back in with his family. Wait times for AOS were also much shorter then. It may be less rare than people think.

2 minutes ago, Poseidon1212 said:

You are right. K-1 doesn't make any sense in this situation and CR-1/IR-1 doesn't really make sense either. This is a perfect example of when an AOS would make sense.

 

Issue is that it's a highly contentious topic on this forum for reasons that go beyond this post and would invite (more) off topic chatter.

 

------

 

Based on what OP has shared in terms of information, logically his best course of action is to marry his partner while they're here in the US, collect the needed documents and file for adjustment of status. There's no need for nonsense with 30-60-90 days or anything of the sorts. And no amount of badmouthing or fear mongering will change the fact that it is completely legal and that the other options pale in terms of logic. In fact, if OP does go this route I'd strongly advice to make it happen within the next 14 days and sending their packet before the the 24th of this month (unless they reside in Illinois) because the rules change a bit if the documents are mailed on or after the 24th. 

Oh yeah, I’m more than aware of the contention. I’ve had discussions with a number of members, including some in this thread, about it. That’s actually why I just changed my signature to *intent is determined at POE* after getting tired of reminding people who like to fear monger those *already inside the US on tourist visas* that they shouldn’t adjust. 
 

Parts of my post were a little tongue in cheek, I apologize. 
 

OP, you can marry and adjust status. Even without knowing the particulars, I am would put money on it being the quickest/cheapest/easiest choice of all your options. As long as your wife is aware of and okay with the wait, there is no issue. There may be others here that personally would not be okay with it, but that’s incredibly irrelevant.

If she only had a part time job she doesn’t seem too attached to, is living with her parents so has no property to worry about selling, and will be busy studying anyway, she sounds like the perfect candidate for AOS to me? Lots of people here advocating for the CR-1 though, maybe I’m missing something.
 

I suggest you both discuss the pros and cons, and once properly informed she should be the one to make the call. 

I really have no idea why the K-1 is even being considered at this point. You still have the wait where she wont be able to work/travel  and you will still need to do every AOS step you would have to if she was just going to stay and adjust, but with the extra costs and wait of the K-1 visa as well? I’m normally much more pro K-1 than many members here, but even I can see that doesn’t make sense in this case at all.

5 hours ago, NikLR said:

I think the person used it as an excuse not to be a joint sponsor. 

Then it’s probably not still an option.

Yeahhh, the no sponsor option was why I was not able to move to the UK with my husband.

OP, I’m not sure why you thought someone working for the government couldn’t sponsor you, but they can. If that’s still an option, do that.

Just now, geowrian said:

The bathroom and/or bedrooms would be the obvious red flag. Even visitors are entitled to a strong expectation of privacy in those cases, unlike common spaces. I'm betting those would be strong factors in said case.

A shower curtain rod was mentioned previously, which is why I figured I’d mention it in case anyone thinks bathroom cameras are a good idea.

That’s interesting, since recently we charged a federal case where a guy put cameras up in his home, including the bathroom, under the guise of security/unfaithful wife and now is facing attempt of production of CP. I wonder if the police recommended  those cameras.

27 minutes ago, Boiler said:

Baby monitors are very common.

A baby monitor aimed at a crib in a nursery is a very different thing than multiple camera systems all throughout a house for the purpose of constant surveillance. 

Yeah this isn’t blackmail, guys. Also, going to echo the suggestion AGAINST putting cameras in the house. Not sure if there is any chance minor children will be at your residence, but an Extra big no to the cameras if so.

Really your best bet is to just find another place and start setting yourself up independently. 

3 hours ago, Walbrzyszanka221 said:

Sorry to hear about the divorce. Hope everything works out for you.

No need to be sorry. We’re both young (he was only 19 when we got married!) and ended up growing a lot in the first few years of our marriage. Part of that growing included realizing we were probably better just as friends.

Not that anyone cares about personal details. Just trying to de-stigmatize!