bunkx

I don't exactly know if this is possible, but could she not go the US Embassy and explain the situation and ask if she has indeed overstayed. Is there no way of getting information from the USCIS about this? Maybe the embassy could point her in the right direction.

Also, I assume there are no plans for marriage? What does he think about coming to the UK to live with you there? (Assuming you guys get married, he could then move to the UK)

Oh and, if you were born in the UK to an English mother, but your unmarried father is a US citizen, would the baby be eligible for US Citizenship?

These are all questions you should look into, I think.

Just now, Ryan H said:

USCIS does have a field office in Athens so if you, the petitioner legally reside in Greece, then DCF will be a viable option.

From what I can understand neither of them legally reside in Greece. The USC lives in the US and the beneficiary is Russian living in??Russia I assume.

18 minutes ago, Jim_and_Sandy said:

he has a tourist visa valid for 10 years. He came last year and he wants to move here with us.

The tourist visa validity is not the same thing as duration of stay. The maximum amount of D/S you can get with a tourist visa is 180 days. The exact number will be on your I-94 or on the stamp on your passport. If he has stayed past that, he's overstaying. There is no such thing as a 10 year D/S on a tourist visa.

Assuming your USC husband can file for your son, he has to file a form I-130 and wait until a visa becomes available. (More info here https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-january-2017.html) As you can see it can take up to 6-7 years for a visa to be available. You really should have applied for your son along with your AOS, it's a lot more complicated now... I would seek legal help, maybe you can still add your son to your application. 

That, sir, is a very well explained reason for the visa you're seeking. However, it worries me how much detail how you have gone into here and just hope you don't do the same at the embassy. Answering only the questions you are asked and taking the questions at face value is very good advice. The best one you're going to get, perhaps. I'm not sure why they would be interested in your relationship, or how they would know of its existence, unless you tell them explicitly. If you're asked about it, answer truthfully and tell them you have every intention of returning to the UK, explaining the reasons briefly. 

As far as evidence goes, USCIS is usually more interested in tangible evidence such as loans, job offers from back home - anything that shows you have ties to the UK, really. I'm not sure how convinced they would be if you just said "I like my family too much to ever move across the pond." It's similar to what I'm doing at the moment, I'm appyling for permanent residency through my marriage to my USC husband. If I went to the interview and just said "Look, we're in love, can't you see? It's absolutely real" that alone isn't enough, they ask for joint bank accounts, joint tenancy, comingling of finances and more. (Which are all things that could be fabricated even if the marriage weren't bona fide, by the way. It's ridiculous)

You could mention something about how having a degree in this exact field will improve your career once you are back home, considering this field isn't even offered in the UK (from what I gather) Emphasis on the effect of this programme on your life when you return.

However, keep in mind you are from a low risk country, just like most other EU countries. The scrutiny will not be as harsh as some.

Best of luck!

If you insist on marrying in Greece, your only bet is the CR-1 visa. You go back to the US, file for an I-130, she goes back to Russia and waits...

Another option is getting a K-1, marrying in the US, waiting for the EAD/AP combo card and then going on your honeymoon with the EAD/AP. It takes about 90 days of processing to get the EAD/AP though, so keep that in mind.

Just now, ganache18 said:

She is a citizen of one of the seven countries. 

Oh boy... This just got more complicated... The deal right now is that she will not be allowed reentry if she departs. However since being a US spouse, overstay is forgotten/forgiven, you could apply for AOS. Only thing I'm worried about is if the AOS gets denied, she becomes out of status and overstayed. That makes her subject to removal. It's dangerous territory. As of now even people with green cards are being denied entry if they're from one of the seven countries.

You said she's authorized until April. That's past the 90 days of the executive order. I'd say let her just stay here until the executive order isn't in effect anymore and then apply for AOS. Just pray they don't extend the executive order... 

3 minutes ago, mallafri76 said:

That's crazy. I thought the ban was only for people on visas, didn't realize it also extend to green card holders. Are we sure about that or is this just some CBP interpreting one of the new rules wrong?

It does unfortunately apply to green card holders. It's for all aliens, and LPR's are considered aliens as well. It's ridiculous, considering these people live here. Work, family, home... I don't know how they're expected to support themselves when they're stuck abroad... Not every LPR has somewhere to go to...

If she's a citizen of one of the 7 countries listed on the executive order, I would be extra careful, we don't know how this will affect AOS. If they straight up deny it, she's out of status. If she gets an NOA and the case just remains pending for a while, she will be fine for the time being... 

Give USCIS a call. Do not choose any state.

They'll send it back without cashing the checks if you paid the old fees instead. 

***Mods help me put this in the right forum pls, I wasn't sure***

Hey y'all, so I just got my NOA1 and I know I have about 3 months before I get my EAD but when exactly should I drop out of my F1 status? I don't want to be in violation of my status when I take off-campus employment after I get my EAD. When I talked with my international advisor at school they said to just bring in the NOA and they could terminate my SEVIS profile with an annotation saying AOS pending so it doesn't raise any flags and it should be fine, but I wanted to check... Should I wait to get my EAD and take employment to do that or should I just take the NOA to them right away?

http://www.vox.com/2017/1/28/14425150/green-card-ban-muslim-trump apparently there's more than HALF A MILLION LPRs!!! What the

Still in disbelief that this is happening... God help us... 

7 minutes ago, Delirium said:

It's horrible. How will they (or anyone who's barred from the US) support themselves...The U.S is their home and they have every right to come back. This is disgusting.

@Delirium (hehehe that's a belgian beer )

Man, I've been in the US since 2011. Today marks the 2000th day of me living in the US. I'm not an LPR yet and even I feel like my entire life is in the US. I can't imagine what I would do if one day I couldn't come back home. LPR's should be given the right to enter just like USC's. If your whole life is here, what the heck are you supposed to do when they deny you? You might not even have anywhere to go!

Conditional residency is still residency at the end of the day. This gives you the exact same rights as an LPR. As long as you successfully remove conditions before the conditional card expires and then hold the second card for a year, you should be fine.

Oh god... It begins... Can they go back to Canada for the time being? I imagine the place they're being detained isn't exactly nice. The executive order is currently valid for 90 days, they can remain in Canada until then but how they would finance that I have no idea... This is outrageous though, these people have lives in the US... 

8 minutes ago, Suss&Camm said:

OP is a K1 entrant it's in the timeline... no i-130 needed.

My bad, didn't see that. 

Hocam n'aptin sen... 

I would look into schools in Canada if I were you, it's not as cold as you think, especially in Vancouver... Also as far as I know you can work anywhere with a student visa, whereas in the US you can only work on-campus. It all depends on what you eventually want to do with your career, the OPT and H-1B path is definitely solid for a highly educated person with a PhD... 

I would suggest applying for an English language program first, maybe the CO didn't think they had the appropriate level of language fluency to follow college courses. Chatting with people is very different than writing academic papers and following lectures... If they denied the application, they must have a valid reason.

So lost with all these brother-in-laws and ex-sister-in-laws... How does that even work... This is your spouse's brother marrying your ex-spouse's sister? Man... This is all kinds of messed up. The way you say "she's okay with him having a new special someone" made me giggle though. It really doesn't matter if she's okay with bigamy, it's still bigamy and that's punishable in almost every country. 

Long story short, your friend has no chance of staying here, he is out of status. Might want to look for jobs back home - and perhaps a lawyer to see how the bigamy will be seen by the PHL government. 

Perjury + Bigamy = Bye, Felicia! 

My guess would be no. Applying for a CR-1 visa is strong immigration intent, she will not be let in under a non-immigrant visa. Also the 6 months on the I-94 is never guaranteed, that's up to the border agent.

Who filled out that form for you? To my knowledge if the doctor isn't a civil surgeon they can't fill out an I-693.

About your question though, yes, you do need to see a civil surgeon. (Exceptions are listed on the instructions for the form, read carefully) It's not just vaccine requirements, there's a physical exam that needs to be completed as well. Quite a personal one might I add... *cough* It was a rather awkward experience for me at least...

Just checking, you did file an I-130 with your I-485 right? Assuming you're filing based on marriage.

On 1/26/2017 at 11:05 PM, mohammad aldalki said:

she is not good every thing changed after year of marriage

Hmm... If you've been married for a year, why haven't you applied yet? This makes me think it wasn't just for a GC. But you asking if you can remarry immediately does sound a whole lot like immigration fraud and if we're saying that here on VJ, trust me USCIS will think it too!

What does it say online for your case status? Have you moved? Does USCIS have your most recent address?