NorthByNorthwest

2 hours ago, OldUser said:

You don't have a status. You can be detained and / or deported. It may never happen, but would you risk it?

Ordinarily I would have said OP should be fine since they _should_ be in authorized stay (not lawfully present) with NOA1 for AOS in hand, but given the current environment and focus on what people stated when entering on tourist visa I’d be extremely careful as well. 
 

2 hours ago, TwoSwifts said:

Why would there be any hesitation on their part? Nothing in our pasts that is questionable...Just curious on opinions.

The questionable part is adjusting from tourist visa and what was stated as reason for visit when entering. 

2 hours ago, pamdal said:

Coming from RAK to EWR, with a K1 visa, does anyone know if a transit visa is needed, i.e. from Marrakech to Newark, with layover in CDG, LIS or YYZ

Citizens of Morocco do not require transit visas in France or Portugal. They are typically not eligible for Canadian eTA and would require a transit visa to pass through, but may be eligible for a simple eTA by possessing a valid US non-immigrant visa. And yes - K-1 is considered a non-immigrant visa.

Sources: 
https://france-visas.gouv.fr/en/web/france-visas/airport-transit-visa
https://vistos.mne.gov.pt/en/short-stay-visas-schengen/general-information/who-needs-a-visa#airport-transit-visa-requirements
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta.html#s03

1 hour ago, Jonny01 said:

To make things complicated, I have a work trip next week to the U.S. with a return flight booked. My main concern is that I’m going to have a hard time with CBP entering.

 

My previous ESTA is still valid until late 2025. I have contacted the Embassy to make them aware of the situation but doubt I will hear back by my flight next week. Please can someone provide any guidance on this unique situation? 

Check an extra time that your ESTA is still valid.

1 hour ago, Jonny01 said:

- Can I just enter on my valid ESTA and communicate to CBP to revoke the K1?

As the others suggested, this is the best option. Just make sure you have plenty of time at PoE in your itinerary since you may well end up in secondary inspection and waiting in line for that can wreck any tight connection you may have.

56 minutes ago, nyoleg said:

the officer gave me a piece of paper that I had passed and that I had not passed. The first question I was asked was"Do you now have, or did you Ever have, a hereditay title or an order of nobility in any foreign country" and I didn't understand this question.

This is simply question 30.a from part 9 of the N-400 form, so you would have already responded to the question when you filed your application. During the interview they will verify your answers to basically all of the "Have you ever" questions, so for your next interview make sure you go over the form you submitted again.

1 hour ago, nyoleg said:

Who knows if I passed the civil questions, reading, writing but did not pass form N400. Next time will they ask me everything or will they ask about form N400?

If you fail the English part or the Civics part you will be retested on the part you failed. Not quite sure what you mean by failing the N-400 form part - if you provide answers to questions about your application that are inconsistent with what you provided on the N-400 form you may run into issues. You should be intimately familiar with all information on that form, and if your English is not good enough to answer questions about it you may need to study a bit more.

45 minutes ago, CharlieAndCece1 said:

No I can't add her to my insurance because my employer would make me pay the entire premium which is quite expensive.   Once established here she was going to get a job that offered her insurance and keep the Swedish benefits as well of course.  She will maintain dual citizenship. 

You can point your wife to these information pages for more details:

https://skatteverket.se/privat/folkbokforing/flyttafransverige.4.18e1b10334ebe8bc80001591.html

https://skatteverket.se/privat/folkbokforing/attvarafolkbokford.4.3810a01c150939e893ffc27.html

https://www.1177.se/sa-fungerar-varden/vard-om-du-kommer-fran-ett-annat-land/vard-i-sverige-om-du-ar-utlandssvensk/

2 hours ago, Deagle said:

Thanks. Can the payment be made by a personal check by someone's else name? different than the applicant name. 

Yes, anyone can pay. If the payment doesn't clear they know where to find you or which application to deny.

I'd suggest putting the A-number of the applicant + the name of the form it applies to in the memo field if the check were to get separated from the application for whatever reason.

1 hour ago, Deagle said:

 

I am asking for someone I know, they are in the US as LPR currently and might need to travel outside the US soon for extended time (over 1 year).

They wanted to file I-131 reentry permit, just to be ready in case they have to leave on short notice. My question is:

 

Is the reentry permit valid for 2 years from the date of issue, or 2 years from the date of leaving the US?

It is worth noting that processing time for I-131 (for re-entry permit) is well over a year, but as long as it is filed and applicant attends biometrics while still in the US it is fine to travel while the application is pending.

22 minutes ago, Bem said:

How do I bring people into the US to work with my company ,

Please can I get an answer for two situations.

1. the person I want to employ in my company has never worked with me 

2. The person I want to bring is currently working for a company I run in another country.

Pls I need advice on were to start and how to go about the whole process 

Thank you

Here's a bit of initial reading material:

https://www.dol.gov/general/topic/hiring/foreign

https://www.uscis.gov/sites/default/files/document/forms/i-129instr.pdf
https://www.uscis.gov/sites/default/files/document/forms/i-140instr.pdf

4 minutes ago, kevin876 said:

No I sent it online on the USCIS website where the advice you to do the inquire 

NVC inquiry page is here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html?wcmmode=disabled

52 minutes ago, kevin876 said:

I file my mother I-130 for Jamaica since October 2021. I have not heard anything since then than that they transfer to visa center. I am a US citizen. Did I do something wrong, am I missing additional paper work? 

Just to clarify, are you saying that the I-130 petition has been approved but you're stuck at the NVC stage? Did you or the beneficiary get any communications from NVC?

6 minutes ago, Grandpa Ed said:

My daughter-in-law’s Adjustment of Status from a K-1 Visa was denied for failure to submit the correct documentation. It is being immediately refiled with the correct documentation. The question relates to the Employment Authorization. 
 

She had received an approved Employment Authorization.  The language of the denial letter states as follows: “Any unexpired Employment Authorization document based on this Form I-485 is revoked as of 18 days from the date of this notice pursuant to 8 C.F.R. 274a.14(b)(2) unless you submit proof that your Form I-485 remains pending.”

 

Would the filing of a new Form I-485 within the 18-day period satisfy the requirement that the I-485 remains pending such that the Employment Authorization would remain in effect?  I am doubtful but hoping I am wrong. 
 

Thanks for any advice I can get. 

No, refiling I-485 requires filing for EAD again as well as the original EAD is tied to the denied AOS application.

3 hours ago, Nywoek said:

For those of you who came to the country on a K1 visa, how did you get a wedding together in less than 3 months? We are considering doing a quick and easy one without guests and do a bigger celebration later on, maybe in a country where our friends and family can meet in the "middle", but I would still like to do /something/ once I move over there. From what I have seen, most people plan their wedding for months and months or even years, and while you can think about attire and plan some of the things, anything that involves booking something is out of the question until you have that visa in hand. And by then you dont have that much time anymore. 😕

Courthouse wedding with superior court commissioner officiating and two clerks as witnesses. The court staff was only too happy to accommodate since they typically didn't see many nice outcomes in that room.

5 hours ago, SakuraOsaka said:

Will uscis base the acceptance or rejection on the received date (which is before the expiration of I-94) or on the day they actually processed the documents? (Which may or may not be after the expiration date of the I-94)

As long as you have a receipt notice for I-485, what will happen is that the day your I-94 expires your status changes from lawfully present to authorized stay, which is not the same thing. In many states you will for example not be able to get a driver’s license while in authorized stay status.
 

Make sure you always carry both passport and receipt notice until your AOS is approved. 

46 minutes ago, Mariammaria said:

Is the application process different? Or will they just see that when they are issuing me my green card? 
appreciate your comment!

Exactly the same process, you use form I-130. Length of marriage when visa is issued (or at POE depending on who you ask) determines if you get a conditional GC or not.

Just to reinforce earlier comments, given your marriage and demonstrated immigration intent your chances of reentering the US on either ESTA or a visitor visa are pretty much zero, you'll be meeting somewhere else until you have IR1/CR1 in hand.

27 minutes ago, Crazy Cat said:

But the Adjustment of Status was abandoned....I assume unlawful presence started after the I-94 expired.  If I am wrong, the OP has even less than 5 months overstay. 

The way I read the regulations there has been no unlawful presence this case. Even if OP's AOS had been denied she would typically have 30 days to depart before any unlawful presence accrues, and I can't imagine abandonment of a bona-fide AOS application would be treated worse than an outright denial.

45 minutes ago, Mariammaria said:

I still have my ESTA available until July 2025

I would think you'll face a LOT of scrutiny traveling on ESTA in your current situation.

1 minute ago, Crazy Cat said:

But the Adjustment was abandoned....

True, but abandoned at the same time as leaving the country, is there a regulation somewhere noting that unlawful presence can accrue retroactively in this case? Looking around a bit I see some folks thinking that may be the case, but I'm not finding any real reference?

1 hour ago, Crazy Cat said:

You were out of status after 90 days inside the US via a K-1.  That would have been roughly September 25.  Leaving on February 25 would be about 5 months in unlawful presence.  Seems to me that you were out of status less than 180 days.  I see no ban for that.   US spouse can start the spousal visa process by submitting an I-130.

Is this really the case? I was always under the impression that as long as AOS is filed while the K-1 I-94 is active the beneficiary transitions to authorized stay where unlawful presence does _not_ accrue for as long as the application is active?

18 hours ago, ParthPro248 said:

Hello. I am a US Citizen and my wife lives in Canada on work basis. She has US Visitor Visa. Before her I-130 gets processed, is it possible for me to drive to Canada and drive my wife to US so she can stay with me for few weeks and then she can fly back to Canada? Or will they not let her enter US because we have filed I-130?

Like the others said, should be no issue, just be aware that you will very likely end up in secondary inspection at the land border + having to pay $6 or so for the I-94, but that's pretty standard when entering by land without an active I-94.

10 hours ago, LosAzcona said:

The evidence of record shows that, when you filed your application, you were present in the United States contrary to law.

Some info is missing and your timeline is not complete. Did you marry within 90 days of entering on K-1?

8 CFR sections 103.2(b)(11) and (12) deal specifically with responding to RFE or NOID, so you must have received at least an RFE for this?

4 hours ago, aceegreene said:

Hmm, thanks for your response! I wasn’t aware there was a paper filing option. I’ll try to file it ASAP. Any ideas on what I can say during the interview as a reasonable excuse which will not land me in trouble? 

Tell the truth. Chances are they already have all the information in front of them, USCIS frequently works with data providers like LexisNexis so if a certain address appears on your regular credit reports it is safe to assume USCIS has it too.

9 minutes ago, Purple_Paladin said:

Perfect! this was what I was wondering, because I've read older posts that indicate it's risky for him to drive without the green card because an officer could consider he is 'out of status' and call ICE to detain him. If he has a license to drive, however, and the receipt notifcation of the I-485, that should be enough, correct?

Driver's license requirements are highly state-specific, chances are he will not be able to get a driver's license until he at least has EAD approved. Irrespective of driver's license he should carry passport and I-485 receipt note at all times, especially once his I-94 has expired.

1 hour ago, DP123 said:

Is it better for a married spouse to file as married filing separately or filing jointly with an ITIN. Is there any advantage over either?

At the most basic, filing jointly is very advantageous if one person has no or little income. There are also child tax credits that are only available if filing jointly. There are corner cases where filing jointly pushes you into a higher tax bracket but in almost all common scenarios filing jointly is better.