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grumpybrit

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Posts posted by grumpybrit

    October 2016 AOS Filers

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    6 hours ago, ndifonman said:

    I wonder what is going on with Uscis. I'm getting worried but there is nothing we can do than just wait.

    My guess is that they are overworked and underfunded which is why they put up the prices in December. I am waiting with you though man, still no movement on EAD or AP for me. I have the letter to my congressman ready to go in the post at the weekend if I still have nothing by Friday, you may want to do the same.

    Aos questions

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    5 minutes ago, Transborderwife said:

    No he doesn't.  Once he's here intent isn't enough to deny aos.

     

    i challenge you to find at least one case on vj where this hs happened 

    Correct, intent is not enough to deny. Visa fraud however is and he would need to get a waiver should USCIS rule that he entered using the VWP under false pretenses.

     

    If this wasn't the case no one would bother with the K-1 process if they lived in a VWP eligible country.

     

    I am not saying this is a definite outcome, I am advising him to be prepared as this is certainly something that USCIS are likely to poke at and is a legally grey area at best. Telling him not to worry and that everything is going to be just fine is not helping prepare him for the reality that is USCIS scrutiny.

    Aos questions

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    1 hour ago, Whitty121 said:

    Thank you for replying.

     

    I've been here 70ish days, as for going back and filing from there, there is no way I'm going to leave my wife to go through pregnancy alone, plus at the current time frame the visa would not be sorted in time and there is no way in hell im missing the birth of my first and most likely only child.

     

    i came over purely for a visit, she was still married when I got here and we had no idea when it would be final as they couldn't find her husband. I'd just moved my mother in with me in England and she will now need to find somewhere new to live, I've left my dogs behind, there is more but the rest is very personal.

     

    this was never our plan, she wants to move to the uk but she can't due to custody problems with her son, the plan was to keep visiting for this year while she tried to sort that out, then either she would move in with me or I would go through the normal channels I.e k1. But things happen and now we are adjusting as we go.

    Yeah man, things happen! Best of luck with the AOS, let us know how it goes.

    Aos questions

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    16 hours ago, Whitty121 said:

    Hi.

     

    im filling in the various forms to file for an aos. I came over on a visa waiver ( from the uk ) but as my girlfriends divorce came through and she has now become pregnant we have gotten married. Before people start, no this was not my intention, she was still married when I came over and I can prove I had every intention on returning home on the 16th.

     

    i need help with a few of the questions on the forms please.

     

    on form I-485 part 1 it asks for current uscis staus, i94 record number and an expiration date. 

     

    It it then asks in part 2 why I'm applying for an adjustment, I can't see one that applies to me.

     

    in part 3 It says what status did I enter, that would be visa waiver or visitor wouldn't it ? It also asks if I was inspected by an immigration officer, that would be the officer at the airport so I'm guessing yes ?

     

    on form i-765 what do I put as current immigration status ? Is that visa waiver or visitor ? 

     

    It it also asks for an i94 number. I've printed off my i94 history but I can only see my passport number...

     

     

    i hope hope someone can help please

    thanks

    mark

     

     

     

     

     
     

    For the record, this is WAAAAAAY easier if you get a K1 Visa... Anyway, from the top!

     

    1) Have you been here longer than 90 days?

     

    2) What evidence do you have that you did not enter fraudulently on the VWP (return ticket won't cut it, and you are going to need a lot of evidence)

     

    3) In part 1 your current USCIS status would be "Entered under VWP"

     

    4) In part 2 the answer would be "a" (It assumes I-130 processing)

     

    5) Entrance status would be VWP, and yes you were inspected at the airport

     

    6) On form I-765 your status would be "VWP adjusting status"

     

    As for the I-94 number requirements, leave them blank as you will not have one filing from VWP. 

     

    Now, cautionary note, this is not going to be easy! You will probably be accused of Immigration Fraud and you will have to prove otherwise. The burden of proof is on you here, effectively "guilty until you prove you are innocent". If you fail to prove your innocence you will be deported and face an even harder battle to get back to your wife and child. Why not return home and apply for a spouse Visa?

    October 2016 AOS Filers

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    2 hours ago, citizen2393 said:

    I'm still waiting, day 82 for me. If no update by the end of the week I might submit that case inquiry online. I was looking at it today and one of the options is 'outside of normal processing times" which doesn't really apply to us yet because we are NEAR the 90 days but not there yet. Right? 

     

    You can open a request after 75 days for an EAD. Fun fact though, having just logged an SR it is going to be 1/31 before I get a response to my SR according to their system... I think there might be a backlog so do not expect that EAD approval before day 90!

    October 2016 AOS Filers

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    3 hours ago, citizen2393 said:

    Happy New Year everyone! 

     

    Since we haven't heard anything about our EAD/AP, is anyone here considering filing a service request online or calling? I want to be patient and not interfere to cause more delays. Just curious if anyone is doing this after 75 days have passed? Today is day 75 counting from my priority date. I have read on this forum that some filers wait 75 days and call to receive info about the EAD.

     

     

    Are you factoring in holidays? Because they do not count.

    K-1 scheduling a medical help

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    So I couldn't find anything about it on here, I've called the number here https://uk.usembassy.gov/visas/fiancee-2/medical-examination/ which has the "scheduling the appointment" menu which brings up the number to call and times they are open, which I have now called several times over the space of a couple of days only to have the answer "the office is now closed" even though I'm calling way within their open times, I have also tried calling the actual embassy too which just takes me through a bunch of automated menus that have nothing to do with my cause. Is there some other number I need to call or is it just a case of getting them at the right time? Thanks.

    It's the holiday season, I imagine that people are taking time off etc. Wait until the new year and then try getting things done.

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