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geowrian

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geowrian last won the day on September 27 2020

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About geowrian

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    Good, cheap, fast. Pick none.
  • Member # 251538
  • Location Wilkes-Barre, PA, USA

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  • State
    Pennsylvania

Immigration Info

  • Immigration Status
    Removing Conditions (pending)
  • Place benefits filed at
    Chicago Lockbox
  • Local Office
    Philadelphia PA
  • Country
    Philippines

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  1. HI 

     

    Do you have contact (Email) of Going through ? She was my advisor so many years 

    I did not have direct contact to her. 

    Can you please help me to reach her?

     

    Best regards

    ADNAN

  2. Same - fingerprints applied notice just arrived. Paper notice and electronic notice came the same day. Also from Nebraska. We put in an expedite request today now that those administrative tasks are out of the way and it's just waiting for an interview (or RFE/approval/denial).
  3. Yes, although it would require the I-130 getting approved first then submiting an I-824 and waiting for that to process.
  4. No could - it clearly is. Well, not necessarily "fraud" as defined by the INA, but it clearly violates INA 212(a)(7)(A)(i), making one inadmissible to the US. Ignore the F-1 part of it. It could a B, F, J, etc. visa. Assessed at each entry, if you intend to stay within the US, then you must be in possession of a valid immigrant visa as you are not qualified for a non-immigrant status. If you can find a way to avoid INA 212(a)(7)(A)(i), great. But I cannot, and lack of evidence is not evidence itself. Although there are plenty of people who are denied entry for specifically that reason. Some even get an expedited removal alongside it. There are plenty of stories on VJ to review. Again, the specific status you're entering on doesn't matter (except certain L/K/H/V/U visas, which are exempt). Also no doubt whatsoever that people have done it then AOS'd just fine. They just didn't get caught and preconceived intent alone is not a sole reason for denial of AOS as the IR of a USC. As for the other lawyer saying he wasn't sure it was an issue unless you made a misrep upon return, that was 100% a plausible deniability play. He didn't explicitly tell you to do anything illegal. And once you're in the US, what happened prior to entry doesn't matter in terms of intent.
  5. In this case, yes, the difference is likely not material. In general, AOS (and COS) from VWP is prohibited. The exception here is being an IR of a USC allows for AOS. Also, VWP entrants cannot contest removal (except in limited cases....I believe in the 9th district?). So really focus on getting it right the first time as they can just start removal and have no means to challenge it.
  6. If you marry, the K-1 dies. You can visit and marry in the US just fine. The CR-1 visa with Canada is taking closer to 18+ months right now...so 6-12 month plan to immigrate just won't work here.
  7. And to explicitly ask for a withdrawal of application for admission (if denied entry).
  8. There are quite a few cases of exactly this happening on VJ this year alone. Right now, COVID tends to be the leading reason why to avoid extra travel, quarantines, etc. Also, the 14 day travel ban based on physical presence - and how that is impacting K-1s being issued in quite a few VWP countries - likely has something to do with it.
  9. If the marriage is 2+ years old at the time the I-485 is officially approved, then you'll get a 10 card and don't need to do ROC. You cannot request that they delay the process. If they schedule the interview, go to the interview. There is an option to delay the interview with a valid reason. USCIS determines if the reason is sufficient or not. Failure to appear would result in a denial.
  10. Even with that change, you filed AOS beforehand so no renewal fee still.
  11. An I-130 doesn't expire so long as the relationship still exists. NVC holds open a registration for 1 year while awaiting documents. So as long as you don't wait over a year, no issue. And if you did have to, there are ways to keep it active still. And failing that, a new one can be created using the existing petition. It's always possible to slow things down...it's speeding them up that most people have an issue with.
  12. VWP entry is 90 days status flat, determined at each entry. 1) Gray area of tax and immigration law if it is actually legal or not. Laws have not been updated to cover remote work for foreign employers. That said, CBP does not need to prove it is unauthorized. They only need to suspect that you would be working in the US illegally to deny entry. One may wonder how somebody could fly to another country for 14+ days then plan to stay for what sounds like 1-2+ months without a source of ongoing income. Personally, I wouldn't risk it. 2) Your VWP-country passport would be your strongest evidence to return home on time.
  13. Once you timely + properly file the renewal paperwork, your existing EAD is extended by 180 days as well. Read the I-765 instructions. Submit a copy of the I-485's NOA1 in lieu of payment.
  14. No preferences for a country. The process is the same general track everywhere. That said, low relationship and marriage fraud in the past usually sets low bars to show a valid relationship for those the in the future. Conversely, those that see high levels of fraud create a higher hurdle for those who come after them. London would be pretty low in terms of marriage/relationship fraud. For a K-1, the I-134 Affidavit of Support is provided at the interview. London is not known to be particularly strict here - generally a current, suitable pay stub or W-2s or tax return suffices. The I-864 - for AOS after entering on the K-1 visa and marrying - has more defined requirements that apply to everyone. Like having filed taxes for at least the 3 prior years, unless one was not required to file (i.e. no income). The CO (for the K-1) and then again IO (for AOS) will make a public charge decision based upon a totality of the circumstances. Each sponsor is evaluated separately. Income/Assets are not combined across sponsors. So the joint sponsor must be able to wholly sponsor/support the intending immigrant. They still look at the primary sponsor's circumstances in the totality of the circumstances, but will not consider their income/assets for sponsorship. Changes may or may not be made. Who knows when they would occur. There is limited ability to do much on immigration on his own here other than terminating the various EOs (like the 14 days Schengen Area and other region bans), or putting people into place who can revert some of the policies and CFRs that have been implemented. The biggest one impacting you is that K-1s are not being issued in regions covered by the 14 day travel bans. That is set to expire in January already, but could be extended, terminated, etc. The suggestion for a complete copy of what is sent is only a suggestion. But it comes in handy to be able to reference exactly what was - or was not - sent already.
  15. Yes, you can work under the terms of your existing status while AOS is pending. If you violate the F-1 status (i.e. working off campus via the EAD) or change status (i.e. entering via AP), then you can no longer do so. Presumably that's not an issue as you would have an EAD letting you work anywhere by then.
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