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SalishSea

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Everything posted by SalishSea

  1. SalishSea
    Then that’s your personal decision, based on your own tolerance for risk. It is not a chance-based system or a question anyone here can answer.
  2. SalishSea
    Just a couple of months into this process, and you’re already trying to manufacture a ‘reason’ for an expedite? You have a long road ahead. You may well want to consider moving there if you cannot wait another year+.
  3. SalishSea
    Well then why are you even worried?
  4. SalishSea
    Your departure itself triggers the ban.
  5. SalishSea
    OP stated that the person in question wants to try to get that because someone else did, but that that person "already had" residence in Brazil. Does not sound like OP's friend has any sort of path to legal residency in Brazil as a way of circumventing the queue.
  6. SalishSea
    Sorry you’re frustrated, but you’re right at 8 months, which is around how long it is taking. Definitely a drawback to choosing to AOS vs consular processing.
  7. SalishSea
    You can’t consulate shop to try to avoid waiting behind others who applied first.
  8. SalishSea
    Usually bans for overstay are triggered when you depart the US. @SusieQQQ may know as this pertains to F1.
  9. SalishSea
    They cannot use those visas to live in the US while the petitions are being processed. They cannot go to school here while on those visas.
  10. SalishSea
    Vetting will be the same. Obtaining a visa in a different visa class doesn't change the background check process.
  11. SalishSea
    If you're truly "asking for a friend," I doubt they will disclose any details to you. What do you mean by the 'person entrusted' to pay the fees?
  12. SalishSea
    Why would they be entering the states with him?
  13. SalishSea
    Payroll deductions that pay for the federal and provincial benefits you get to enjoy in Canada- like health care, for example. And whatever Canada’s social security/retirement system is.
  14. SalishSea
    Absolutely incorrect.
  15. SalishSea
    I would be anxious, too. Clearly the intention was never “two weeks.” I’m always curious about how someone who truly intends to be gone for two weeks can leave things at home (pets? Job? Housing? Other responsibilities?)., and then spontaneously decide they can stay for up to a year without returning. Anyway, good luck. I’m out, too.
  16. SalishSea
    Cue the “intent is established at POE” contingent.
  17. SalishSea
    Pretty clear that she had no intention of returning home? You know that was fraud, right?
  18. SalishSea
    WOM for a visitor visa? That will not end favorably for you.
  19. SalishSea
    Your question #2 makes it pretty obvious that you’d have no intention of returning home on the F1, which is a requirement for getting that visa. You need to wait for the proper nonimmigrant visa like everyone else.
  20. SalishSea
    The date discrepancy should get some scrutiny. How can it possibly be legal to gain an immigrant benefit (unconditional GC) solely based on a date, when the applicant was not eligible for the same benefit (visa requiring both parties to be unmarried at the time it is issued) ? If this is in fact going to be legal going forward, then it will be a huge loophole that K1s could exploit to save significant time and money.
  21. SalishSea
    Hopefully she told the truth at CBP, because it sounds very much like she was not planning to return home at all.
  22. SalishSea
    Regardless of the context, by law the burden is still on the applicant for a US nonimmigrant visa to show ties to home. Her chosen lifestyle at the moment may complicate that.
  23. SalishSea
    You asked for feedback, and you got some. I offered some points you may want to consider before USCIS does. There is no magic template or secret for writing a successful expedite request, because as you’ve pointed out- everyone’s situation is unique. You just have to be truthful. Yes, others on VJ have been successful in getting AP expedited, but I have not personally seen one where the reason was so that someone adjusting on a B visa can go back to work in their country or wrap up non-emergent details. good luck though.
  24. SalishSea
    No, and in general you cannot interview abroad for a tourist visa without having legal residence in that country.
  25. SalishSea
    You can try for an expedite by explaining the situation honestly. Unfortunately, bypassing the visa queue by adjusting status does come with the downfalls of not being able to work or travel. I'm curious as to what he will do for income when he returns though, since that is your reason for requesting an AP expedite.....not sure how well that rationale works with the 8 month wait for an EAD. If he intends to remain out of the country for the duration of the EAD processing so that he can work back home, I'd say that is a very bad idea.
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