matmertin2016
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Posts posted by matmertin2016
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The "reason" they claimed for detaining him was because Benin is not a country that has routine flights all day long like some other countries and the first flight they claim they were able to book him on happened to be 4 days away.
When you talk about abuse of power, the same CBP officer who denied him and sent him to the correctional facility was the same one who had issues with our interracial relationship and she was the same one to be there when he returned back to O'Hare Airport to leave 4 days later. When she saw him, she said, "How was that? Did ya have fun? Did they treat ya real nice?" Does that sound at all professional or humane or even decent? I'd have to say no....and yes, you are correct, I am STILL furious!
I'll say this again...there are THOUSANDS of foreigners being detained in correctional facilities here and many of them are for minor reasons if not just suspicion alone. I wasn't aware of this fact either until it touched someone I love personally. Some are even being abused while in custody. This is no different than any other issue--we are often blind to situations and circumstances until they touch us directly. Then our eyes are opened by force.
Sure I'm sure those were the exact words used... how would you know were you there!? I'm willing to bet no... or is it word of mouth from your boyfriend giving HIS-tory....
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That's your opinion and NO the officers did not act accordingly...
Yes, I know it depends on the officers mood and "acting accordingly" doesn't give a person a right to be any kind of way just because they're having a bad day. Does you having a bad day give you a right to treat people poorly?
Coming to this country is a privilege not a right....no kidding! It's also a privilege for US residents to travel to other people's countries. It doesn't permit the treatment of humans as inhumane....unless, of course, you have varying belief on who deserves respect and who doesn't...
The whole situation was a human rights violation which is precisely why the ACLU chapters all over this country work diligently to assist victims of such situations and acts.
I have to say... if you are soooo appalled by the US immigration system there are things you can do!? Just 2 off the top of my head is to stop marrying immigrants and trying to bring them into the USA... or better yet you can migrate to their country of birth and see how their counties immigration process is!?
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Dateline of my journey
F-1
Married August 10, 2015
File sent and received November 15th
Biometrics December 11th
EAD received February 4th 2016
Interview notice received in August 2016
Interview date September 26th @7:30am
Approved on the spot.
Interview lasted about 20 min.
UCIS status update with card ordered same day
Feel free to ask me questions
How long did you have to wait before you were called for your interview?
Which field office were you assigned to?
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Thank you for the replies. I'll address all of the points raised together...
I've checked with the airline and my old email was closed by hotmail (and subsequently re-opened, but without the data). There's nothing that can pin it down. I'm pretty sure I have it right to within a 2-3 day window - but even then it would be very hard to be 100% accurate on since I arrived very close to midnight and would find it hard to say which side of the line I fell on - this makes me think its not super important to get this right. Do I need to do a FOI or should I just enter the date range, or my best guess?
Subject Access report. Requires "Valid proofs of address include bank statements, utility bills or phone bills." - I don't have these. Everything is in my wife's name. I live in the shadows. "Copies of passport..." - Don't have this either. My passport has expired while I have been here. In fact the requirement only states that the upload must show the expiry date - not that it must be in date. Should I use my current out of date passport or further delay by applying for a new one?
In regards to the arrest - I accepted a caution (so I could get out and to work only a couple of hours late). Cautions are supposed to be removed from the public record after 10 years.
My dad is as tough as nails. He was the fittest 60 year old either of us knew prior to diagnosis. Now that doesn't make him immune but I don't think he's going to drop dead in the next 3-6 months. After that all bets are off I suppose. He fully supports me getting this sorted first. He thinks where I live is amazing (Seattle area) and would much rather know his grandchildren were being raised here than the UK. He's planning a visit here once he has a break in the chemo.(September is when his first course ends I think and they make a decision on whether to start cutting #### out).
Thanks again for all the help. I really appreciate it. I'll start filling the forms out again this weekend and I'm sure I'll find some other questions that need clarifying.
M
You can not apply with an expired passport, they only work with documents that are not expired.
That will guarantee generate an RFE, but since you are starting the application with an expired passport it might be rejection on submittal.
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Thank you all for the helpful responses.
In regards to comments about potential "fraud" and TOS violation, I understand the underlying legality of the issue. But isn't this just a matter of semantics? If i were to return from the wedding in Sep, technically i would STILL be coming in for work purposes NOT with the intent to marry - just like i did every time I entered the US for the past 5yrs. I never intended to fall in love with an American and marry her...such is life.
What differentiates entering the US in Sep as married couple and filing AOS as opposed to entering the US in Apr as an engaged couple, getting married in May, and filing AOS in June? I guess my point is, I'm here in America because of my job. Getting married and filing for AOS is a byproduct of that...it was never the end goal.
I agree go ahead and try it and see what your end result is... then for laughs make sure you update this thread....
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If you still have a pending job offer, call them again and put another request to expedite.
It happened to me as well - have never heard anything back when I tried to expedite my EAD first time. After two weeks of wait I called again to put the second request. I got another Referral #, and next morning I received the following letter via e-mail:
"Type of service requested:
-- Expedite
The status of this service request is:
Upon receipt of your request for expeditious handling, your case was reviewed and a determination was made that we need additional information to make a decision regarding your request. Please fax proof of your financial loss, such as proof of a pending job offer, to the following number: 123-456-7890, Attn: XXXXXXXXXX. Please include this notice with your fax. Documents should be submitted with an official letterhead"
My son received the same letter within 5 days, just via regular mail.
I faxed my pending job offer along with a Cover Letter, where I explained why it could be my financial loss.
It took 2 weeks for both, my son and me, to receive our EAD after placing the requests (the second ones) to expedite. It was worth it. At least it doesn't hurt to try again.
Good luck!
what would be the reason for his expiate!? I need to attend a friends wedding. BTW even with an AP they can still refuse entry as it states in the form. It is used for emergencies for family or work to leave while waiting for the green card; it is not so that you can go on vacation while waiting....
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If you want to attend the wedding, I think you should file immediately upon return in Sept. My EAD from TN took 78 days, so you should be fine. You would not be allowed to work after your TN expires if you don't have EAD.
Is renewing the TN for one more year an option during your trip to Canada? Otherwise you could use vacation if your TN expires while waiting for the EAD.
Good luck!
That is false, you can not use vacation while waiting for the EAD and your TN visa has expired. You would not be eligible to work in the USA which also means you need to leave the USA at that time.
Your employer then also has no liability to honor your vacation since you are not eligible to work for them, and since USA is use it or loss it policy you would lose your vacation accrued.
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Did you submit the AOS and does it meet the required minimal annual salary amount? If not, they can hold off on issuing an EAD since it will lead to denial since you can not support your spouse.
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Situation:
- Been together for 6 years.
- Started when I was 14, and she was 24 years old. I'm now 20 and she's 30 years old.
- I've been a US Green card holder and living in the US for more than 10 years already.
- She's from Philippines. She's been working since 21 years old as a Software/Web Developer.
- We met in an online game and started our relationship there.
- I visit her every year since I was 15 years old (with my family) and dated like a normal couple. I normally stay 5-14 days on those visits.
- My family knows her since the day I met her online and since I visit her with my family, she meets them every year, too.
- I also know and met her family since she's been living with them (until now) since she's not married and doesn't have to move out from their home.
- We saved all our conversations, skypes, social media conversations, receipts, packages receipts, plane tickets.
- I work a part-time job (Professional gaming/streaming online) and studying to finish my college. I'm currently on my 2nd year college.
- My dad is willing to co-sponsor. He's a CEO of a technology company in US.
Questions:
- Should we get her a K1 or Spouse?
- If K1/spouse, can my dad co-sponsor considering she lives in Philippines since I'm still a student with part-time?
- Will the past of our relationship considering I was a minor and she's 10 years older than me when we started our relationship contribute to have her visa getting denied?
- Do I have to own a house?
- Do I have to show tax papers? What if I don't pay tax but I get income out of my part-time job (Professional gaming/streaming online)
Thank you for any help!
"I visit her every year since I was 15 years old (with my family) and dated like a normal couple. I normally stay 5-14 days on those visits."
Date like a normal couple!? how is that possible... she is 10 years older then you , at 15 she was 25 and that is known as statutory rape of a minor... you will likely not get visa as USA does not work with sexual predators.... there is enough of them already in USA don't need to invite more of them!?
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I have good news and I have news that's not really bad but I have no other word to explain it.
Throughout this whole immigration process, I haven't used an attorney the whole time. A point came that I needed my husband's US criminal record but the local police station only gave us some of his record. They said if we wanted the rest, we'd need to go through the court because the information is not public. Finally, I had to hire an attorney and I REALLY didn't want to. Someone on here suggested Lizz Cannon. I was skeptical to hire an attorney for reasons you all know. But I called her up and she seemed like a no-nonsense type of person so I felt I could trust her. She was able to get what we needed and while she did that, she found some very interestinggg information. 2 years ago, my husband was deported under INA 237(a)(2)(B)(i). If you know anything about the I-601, when it comes to the many drugs in this world, only people with ONE marijuana conviction of 30 grams or less is able to use the I-601. Throughout this whole process, we were 100% sure he had two marijuana convictions. I was just praying that the interviewer was this extra nice person who would magically find a way. If that wasn't possible, I was (and still am) ready to call my state Senator and see what could be done. This EXTREMELY hostile immigration officer kept insisting he had committed a felony and that he could NEVER come back. When I told her what my husband told me, she made it seem like he was lying and hiding things from me. I wish I would have taken down her information because she needs to be reported. Unfortunately, I didn't. I was too shocked, I guess.
Anyway, I've been searching up and down the internet for any information on the INA code. My husband kept telling me not to obsess over it but it was very difficult. I would take breaks from it and remind myself that we'll just find out at his interview. But I'd occasionally do some more research to see if I missed anything and to see if there was anything I could do. A few days ago, I searched this site and used better words so I could find something similar to what we were going through. My heart sank a little. A woman's husband had been denied TWICE. The first time, they applied for a K1. I don't remember if it was a government offical but someone told her if her and her fiance were to get married and try again, he would be able to get a waiver. They got married and tried again. He got denied a second time! That's how I thought it would be with my husband. Fortunately, I already accepted that he wasn't going to get one but it still sucks, you know?
Now fast forward to today... I was informed by our awesome attorney that my husband actually only has ONE marijuana conviction.
The other thing we thought was a marijuana charge is actually "Nolle Prossed"..
He. Is. ELIGIBLEEEEEEEEEE. *throws confetti at everyone*
That brings me to my "BAD" news. If you have a single offense of simple possession of 30 grams or less, you are inadmissible, NOT deportable.
We have no idea why he was deported now. If you are simply inadmissible, it means as long as you don't leave the country and don't commit anymore crimes, you wont be deported. My husband has never taken a trip after EITHER of those scenarios. Yes, he has other things on his record but they specifically said he was deported under 237(a)(2)(B)(i) and that his deportation is for 10 years. They didn't tell us anything else. We have not rescheduled his interview yet because we haven't received all of his US criminal history. When we do, I am not allowed to go so I'm preparing everything I can for him to make sure there's no more confusion for the embassy. When he went to his first interview, they acted like they knew were surprised and knew nothing about his deportation or criminal history. But when I emailed them to explain that the local police stations would not give us his adult record, they suddenly knew about his minor record (they even mention the specific year
). Does anyone have any suggestions and thoughts? I'm wondering what your opinion of this scenario is.
Also, I'm aware that some people have to file I-601 and I-212. Based on everything I just said, do you think this may happen?
I hope this information helps someone else in some way.
Don't you just love the immigration process?
So why would USA need more criminals; I think we have enough....
Its obvious that he has a record with something that we was deportable for and he "conveniently" does not remember...
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Hello everyone
Thank you in advance for any replies concerning my situation. I will try to keep it as short and to the point as I can.
I am a naturalized US Citizen (currently living in Atlanta GA) and my wife is a UK citizen (currently living in London). We got legally married (Court Marriage) in November 2015 and hired a immigration attorney to help us with the process. (She is now fired and is the reason we are in the situation today)
Situation
I filed the I-130 on May the 3rd 2016 it has been sent to the Nebraska processing office (this is now a waiting game I know!). My wife and I are living apart and I am hours away from scheduling an appointment with the US Embassy in London so we can RE-apply for the B1 tourist visa.
Background information
Back to the lawyer we fired!! She told us that in-order to apply for a green card (I-130) my wife had to be on some kind of visa NOT on the ESTA which she was on at that time and which is now expired.
She said that we needed to apply for a B1 tourist visa and then do a status adjustment when she (my wife) was in the USA. We did not know any different and followed her lead. HOWEVER, what she didn't explain was that during the interview we had to convey to the CO that my wife was going to return to the UK and had/has ties to the UK. To be on the same page, my wife had/has every intention to return to London while we were waiting for her Green card to come through but we were very poorly advised and it caused us to be under prepared and not ready for any line of questioning.
My wife's first B1 interview was denied obviously as the CO must have thought that she was going to come to the USA and adjust her status and not return back to the UK. I would have thought the same exact thing.
Ties to the UK
- My wife left her job in March 2016 in order to plan and prepare for the Wedding Ceremony (Indian) we celebrated on May 7th 2016 in London. So no Job
- She lives at home with my in laws, So no house or mortgage in her name.
- She owns an investment property in London, purchased about 2 years ago. Mortgage in her name
- She is closing on a second investment property in London on June 6th 2016 Mortgage will be in her name
- She has two savings accounts with a sum of money above 50,000 pounds
- She has pensions accounts from when she was working.
- During our long distance relationship she has visited the USA (on a ESTA) approx 7 times and has NEVER over stayed and always returned.
- She has no children in the UK
The Items I have listed are to provide you with a better understanding of our situation. I am wondering if you are able to advise me on any other creative ways we can show that she will be returning to the UK until the green card is approved but we just want to be with each other in the mean time.
I would like to thank you sincerely for any advise or help you can provide and I am praying that we can turn this into a positive situation for us.
PS - I plan to book an appointment with the US Embassy for a re-interview for the B1 very soon.
Regards
Bobby
"I am wondering if you are able to advise me on any other creative ways we can show that she will be returning to the UK until the green card is approved but we just want to be with each other in the mean time. "
Thats a contradicting statement; she will return to the UK to wait for green card but we want to be with each other in the meanwhile!?
Ever think of visiting her then?
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I just want to double check that the path we chose will work.
We got an RFE for my I-864, stating I do not earn enough to sponsor, and we need to find a joint sponsor for my husband, who is here on a K-1 visa, filing for AOS. We have had a hell of a time finding a joint sponsor, so, long story short, we decided to keep it in our hands and not get a joint sponsor, but for me to get a part time job.
We have until about July 15th to return the RFE. I start my second job tomorrow. My plan is to get 1-2 paystubs from this new job, plus a letter from them stating my position, what I make, and that it is permanent, plus all updated information from my main, full time job (6 months of paystubs, and letter), sent out by July 1st.
Does this sound like it will satisfy the requirements, even though we're not sending in a joint sponsor? I'm just wanting to double and triple check. We don't want to chance a denial. It's been a very stressful time trying to figure it out.
Thanks for your tips, advice, well-wishes...
This will not guarantee approval.
Its a part time job that you JUST started; which means that you can as easily quit the part time job right after your approval, putting you under the poverty line and in the same boat that the USCIS sent you the RFE for.
I just want to double check that the path we chose will work.
We got an RFE for my I-864, stating I do not earn enough to sponsor, and we need to find a joint sponsor for my husband, who is here on a K-1 visa, filing for AOS. We have had a hell of a time finding a joint sponsor, so, long story short, we decided to keep it in our hands and not get a joint sponsor, but for me to get a part time job.
We have until about July 15th to return the RFE. I start my second job tomorrow. My plan is to get 1-2 paystubs from this new job, plus a letter from them stating my position, what I make, and that it is permanent, plus all updated information from my main, full time job (6 months of paystubs, and letter), sent out by July 1st.
Does this sound like it will satisfy the requirements, even though we're not sending in a joint sponsor? I'm just wanting to double and triple check. We don't want to chance a denial. It's been a very stressful time trying to figure it out.
Thanks for your tips, advice, well-wishes...
This will not guarantee approval.
Its a part time job that you JUST started; which means that you can as easily quit the part time job right after your approval, putting you under the poverty line and in the same boat that the USCIS sent you the RFE for.
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No he will be quitting his job to move. We are basically quitting our lives in Australia and moving to USA. We will have to stay with family until he can get a job. But he can't get a job until we get there as no one will hire him before he gets the legal right to work. And the US Consulate strongly discourages quitting your job and selling your house BEFORE your visa is approved. A total Catch-22 situation, and the system seems to not allow for my type of situation at all.
How is it a catch 22?!
You will have no job, he will have no job... how will you live/survive in the USA? The system is put in place to prevent this; so not sure how you claim its a catch 22?
Are you planning in moving back to get support via food stamps and welfare/unemployment benefits!? the rest of the country should not have to support people migrating over here.
Maybe you should think about how you're going about this, like what did you wake up one day and go "hey its friday today and I just want to pick up move to USA". You need to put planning into your decisions and the system ensures you do so....
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First, thank you all for your replies!
Rabbit: This is not true in our case. The first NVC agent we spoke to said that we could simply add a letter in our supporting docs to the NVC explaining why we could not provide my wife's police certificate, then hand-carry the certificate with her at the time of her interview. This is the key point that messed everything up for us, because this is how we planned and proceeded. It wasn't until 31 days after the NVC received our documents that we called and learned that our case was on hold until the document could be provided. Meaning they would not proceed with scheduling the interview until they had the police certificate, of course with the allotted 45 days to review!
Yes. Sorry. Married in 2015 is a typo. We were married in Bangkok in November 2014.
Agreed! I now ask and note down all dates, times, and names of those I speak to over the phone. Another case of "if I knew then what I know now..."
And believe me, I understand how diffcult it can be to keep all the information straight between government agencies. Particularly with a country like Thailand that changes rules, litteraly, on a daily basis. In many cases it's who you speak to on any given day. This still doesn't excuse the NVC agent who told us that my wife could hand-carry the Police Certificate to her interview. These instructions are really the basis of the error and the snowball effect afterwards. The processing times and other incorrect info is secondary.
KenBen
So you are excusing yourself in all of this!? Do you know what 'Due Diligence' is!? Your like the joe schmo investor that loses everything on the stock market and then says cries because the guy on tv told me the stock was gonna sky rocket!?
Next time exercise the power of 'Due Diligence' and the ownership yourself... in the end you're the one that suffers and you're the one to blame!
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I have a question for you guys hope you guys can give me some help I am at the stage of preparing my AOS and IV packets I have the Police certificate in Chinese and the interview will be taken place in China as well about the police certificate does it need to be translated in English or Chinese will be okay please help thank you for your time
ya sure... every USCIS officer is fluent in chinese!?
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Please don't try and figure this process out cuz it don't make cents how they do our petitions you will just drive yourself crazy just relax and watch the circus then one day you will get that email stating that your approval is finally here
your right it doesn't make cents.... it makes dollars... lol
does not make sense is the right term!?
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I couldn't agree with you more. There is far too much 'doom and gloom' on this website and besides, people's visa journeys are rarely the same (so there is no point in speculating).
So wait... your post is contradicting... You are tired of the 'doom and gloom' on the board; but then you end by saying "so there is no point in speculating"...
the speculation was the comment "You should get approval by the end if the week or Monday at the latest." which is why I questioned his certainly on the approval!?
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You should get approval by the end if the week or Monday at the latest.
I'm willing to bet you that your statement is inaccurate....
Why do you think that is!?
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Bosna1234; i am in the same boat where you are my PD is 19/10/2015 i tried for inquiry but they said you are still in the processing timeline then i changed the subject and then sent to them inquiry about that i did not receive the approval letter yet do you think it is a good think because they did not even approve my case yet but i sent them that i did not receive approval letter because this is the only way to ask them what's going on ?
Thats probably not a good thing you did!? It states that you should not lie to the USCIS staff and now you have clearly lied by stating that your application was approved and that you did not receive your approval letter; once they look into your case and see that it has not been approved and is still within it processing timelines they will see you lied and USCIS could opt to deny you for lying!?
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I sent the RFE by USPS. My status online says:
Response To USCIS' Request For Evidence Was Received.On March 18, 2016, we received your response to our Request for Evidence for your Form I-130, Immigrant Petition for Relative. Our Potomac Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
I fail to understand where in that verbiage it says you will get a response in 60 days!?
How does travel ban affect starting a new application?
in K-1 Fiance(e) Visa Process & Procedures
Posted · Edited by matmertin2016
It will not be processed until/delayed until the ban is lifted; giving the new administration 120 days to figure how to process applications for visa from these countries.
After the 120 days past, a new legislation will likely be passed which puts the new strategy of the new administration in play.
To keep it short, the applications will not make any progress in the next 120 days; after the 120 days the details of the new 'laws/rules' for people applying from those countries will be shared and then applicants will have to follow the new 'laws/rules' for applications.