No such rule. Intent is determined on entry. Changing plans is acceptable. Make sure you file for Employment and travel documents at the same time. They will take 5/6 months but she can then work while she is waiting for the GC processing. Until the travel card comes she must not leave the US or her AOS will be considered abandoned.
90 day rule is definitely not a thing. It is also not a USCIS policy but a DOH policy ( I am at work and cant find the source right now, but someone please correct me if I am wrong).
You were inspected and cleared at entry and that clears you from any "intent" issue.
I would go ahead and file. You can read through VJ, lots of cases of people filing before 90 days and having no issues.
You’re honestly delusional if you think SHE used YOU. Completely bonkers.
What exactly do you think you are offering that she couldn’t get somewhere else? I can’t imagine it would be too hard for her to find another unemployed man living off his parents in the US who would be willing to marry and sponsor her. But no, she stayed with YOU for YEARS despite your refusal to accept her own autonomy. It is sort of unbelievable, but to jump to the conclusion she was using you, nah man.
I was on your side until I read this comment. You are quite right that there’s no need to get a 30-year mortgage at 45 if you live in a perfectly adequate place, etc.
You are not doing her a favor by bringing her here. I do hate that arrogant attitude from the USCs who seem to think that we foreign spouses should be eternally grateful and indebted to you because you “rescued” us from our home lands and “gifted” us a better life. Ridiculous. She sounds like she is very self-sufficient with her own career. She owes you nothing. If this is a genuine marriage then bringing her here is just as much for your benefit as it is hers.
Its almost as bad as the immigrants that say “I gave up everything to come here for him/her”. No, you did not. You made a life change that you BOTH wanted and so that you could BOTH live with the person you love. You do it for yourself as much as you do it for the other.
Shes probably better off without you if that’s your attitude.
That is not how US immigration works, usually. They tell you what to do, when to do it, and you do it exactly the way they want to do it. Otherwise, no visas.
There are NO sanctions on Pakistani visas. There was mention of possible sanctions but even then it would only have an affect on certain visas and it Has NOT happened.
You're overthinking this. No need to delete anything, she should disclose and explain if needed. I could call myself Mrs. Kendrick Lamar as a joke, or because I like him, or any other reason, doesn't make me married... Breathe, she'll be fine. If asked, she can only explain the truth. Not much else to do.
Throwaway Reddit account could be sexy-aviator-unicorn-hunter, and they might think it's silly, but at long as there's no violence, threats, or illegal activities, would be fine also...
The rule is not about your first entry. It's any entry.
As noted, the rule is in the FAM for DOS. It is not used by USCIS. Therefore, there is no 90 day rule when it comes to AOS.
It does sound that way but intent alone is not grounds for denial. So something else is going on.
I'm wondering if they suspect it’s a marriage of convenience - what I call “the green card shuffle”. Beneficiary divorces spouse in home country, marries USC, immigrates, divorces, obtains citizenship, remarries original spouse, petitions original spouse.
A lot of the "halfness" is probably because the reporters, and perhaps also their editors, are as clueless about the intricacies of legal immigration as is the rest of the unwashed population. The news people therefore don't know what questions to ask that will yield answers for a complete story.
Right, I have had a cup of tea, and some chocolate (proper english dairy milk, natch, not that horrid hershey rubbish you get over here), so here is some potentially useful info for you.
I suggest you also get a cup of tea, as this is a long one......
As one of the few on here who has unfortunately experienced a denial, and is still going through this hell in some form, I can offer the following advice, with the caveat that I am not an immigration attorney.
Firstly, don't panic. Yes it is a scary letter. I was a f***ing suicidal mess when I received one, and spent three days initially without any sleep whatsoever reading every single thing I could possibly find on the legalities of this stuff, which served me very well, and I can hopefully help you out now too, as I have learnt a lot more in the time since.
All is not as it appears... USCIS have no authority to formally terminate your status. Yes, you heard me. Only an immigration judge can formally terminate your LPR status, in court, and issue a final order of removal at which point your status is terminated for good. You currently remain a conditional LPR (with caveats). The law does sort of contradict itself in some respects, but between an I-75 denial and a final order of removal, you remain a LPR with the right to work.
You are also entitled to proof of status in the form of a stamp. This is backed up by case law and also clarification by USCIS and the EOIR as you will read below. DO NOT LEAVE THE US UNTIL YOU HAVE A STAMP - not Mexico, not Canada. You are in a world of hurt if you do so...and it will be a lot harder for you.
The general standard process of denial, and process for revocation of status and an order of removal is:
Denial letter (or notice of intent to deny) --> NTA (notice to appear in court) ---> court date ----> upheld/overturned --> appeal if upheld --> final determination and final order of removal.
Now, an NTA can take years to appear. The immigration courts are so backlogged, and these cases are low priority vs asylum or other deportable or criminal aliens. So you could continue with this stamp for as long as necessary, but it is no way to live, so there are things you can and should do to protect yourself.
So, file an I-751. Prepare the I-751 exactly as you would normally, filling it out correctly, making sure you both sign it, and get it sent in, I suggest by fedex overnight as it is very secure and properly trackable. I would suggest you to get this sent in the next day or so if possible - time is of the essence at this moment. Amassing every bit of evidence can wait until later, just get it in with the main bulk of evidence you already have.
The most important thing is with this I-751, is that you MUST enclose a letter stating the reason for failing to file your I-751 on time, and why you are filing late at this time. Don't bother with a full contents list of evidence and all that rubbish - just a simple, clear and to the point letter, stating why it is being filed late, and enclosing the main bulk of evidence you already have, should suffice.
As long as you enclose that letter. It *should* be accepted, you will receive the receipt/extension notice, followed by the usual biometrics appointment. If you have any letters, say from a Dr or shrink at that time signing you off work, or stating you were depressed/medicated due to grief, then that only strengthens your case.
I would say the death of a parent while pregnant is a pretty real and valid reason IMHO.
As soon as you receive the extension letter, go to an infopass and obtain an I-551 stamp, showing them the letter, and stating that you require unambiguous proof of status, which is clarified below, taken from USCIS https://www.uscis.gov/sites/default/files/files/pressrelease/CRwaiver041003.pdf
"If an alien’s conditional resident status is terminated because he or she could not timely file a Form I-751, and he or she is placed in removal proceedings, then he or she may request a continuance from the immigration judge to allow for the finalization of the divorce or annulment proceedings. It is noted that the conditional resident whose status has been terminated should be issued a temporary I-551 during the pendency of his or her case before the immigration judge (see Genco Opinion 96-12)."
And Genco Opinon 96-12 itself:
""Genco Opinon 96-12 - Status of a conditional permanent resident after denial of I-751 during pendency of review by EOIR
August 6, 1996
Status of a Conditional Permanent
resident after denial of I-751 during
pendency of review by EOIR
Office of the
General Counsel
I. QUESTIONS
The Benefits Division requests a legal opinion concerning the following questions:
1) What is the status of a conditional permanent resident after his I-751 has been denied by the director and his case is under review by the EOIR? Is the alien entitled to an I-551 stamp, adapted to show that his case is pending? Is the alien entitled to any other benefits associated with legal permanent resident status?
2) If an Order to Show Cause has not been issued, what is the alien's status and what documentation is the alien entitled to possess?
II. SUMMARY CONCLUSION
The director should issue the Order to Show Cause at the time he or she provides written notice to the alien of the decision to deny the Form I-751.
Strictly speaking, a conditional permanent resident whose Petition to Remove Conditions on Residence (Form I-751) has been denied by the director is no longer a lawful permanent resident, as of the date of the director's notice of termination. However, because the alien has a right under statute and regulation to request review of such determination in deportation proceedings, the conditional permanent resident whose status has been terminated should be issued a temporary I-551 during the pendency of such review. INS should not approve any Petition for Alien Relative (Form I-130) filed by the alien on behalf of another alien during the pendency of such proceedings.
III. ANALYSIS
Section 216 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1186a, provides that an alien spouse who is granted permanent resident status by means of marriage to a United States citizen which took place less than two years earlier shall be granted such status on a conditional basis. Unless otherwise specified by the statute or regulations, an alien granted permanent resident status pursuant to section 216 enjoys the same rights, privileges, responsibilities, and duties as other legal permanent residents. 8 C.F.R. § 216.1
The conditional basis of residence is removed via the approval of a Petition to Remove the Conditions on Residence (Form I-751) filed by the alien and spouse within 90 days before the second anniversary of the date on which the alien obtained lawful admission for permanent residence. The director of the regional service center has been delegated sole authority to adjudicate the Form I-751. 8 C.F.R. § 216.4(c). Where the director finds derogatory information pertaining to the validity of the marriage, he or she must offer the alien the opportunity to rebut such information. Id. If the alien is unable to overcome such derogatory information, the director ''may deny the joint petition, terminate the alien's permanent residence and issue an order to show cause to initiate deportation proceedings.'' Id. (emphasis added). Moreover, if the director proceeds to deny the Form I-751, he or she must provide written notice specifying the basis for the denial to the alien ''and shall issue an order to show cause why the alien should not be deported from the United States.'' 8 C.F.R. § 216.4(d)(2) (emphasis added). This regulatory language clearly provides that once the director denies the joint petition and terminates the alien's permanent residence, an order to show cause must follow.
The regulations further specify that the alien's lawful permanent residence status is terminated as of the date of the director's written decision. 8 C.F.R. § 216.4(d)(2). As of the date of denial, the alien is ''instructed to surrender any Alien Registration Receipt Card previously issued by the Service.'' Id. Accordingly, an alien whose Form I-751 has been denied has no status as a conditional permanent resident and is not entitled to an Alien Registration Receipt Card. Therefore, in light of the termination date of an alien's lawful permanent residence, and the gap that ensues if an order to show cause is not issued, failure to timely issue the order to show cause leaves INS vulnerable should an alien file an action in mandamus to compel performance of that requirement.
Concomitantly, an alien whose Petition to Remove Conditions on Residence has been denied by the director may seek review of the decision in deportation proceedings. INA § 216(c)(3)(D), 8 U.S.C. § 1186a(c)(3)(D), 8 C.F.R. § 216.4(d)(2). In fact, the statute specifically conditions termination of permanent resident status upon review in deportation proceedings. 1 Therefore, the terminated conditional lawful permanent resident should be issued a temporary Form I-551, during the pendency of the deportation proceedings. Cf. Etuk v. Slattery, 936 F.2d 1433, 1447 (2d Cir. 1991)(''To revoke an LPR's green card pending completion of the deportation process would severely undermine the integrity of the process itself and impose significant hardship on the alien involved''). To that end, the INS' policy of placing an I-551 stamp on an alien's I-94 arrival card or passport is considered appropriate temporary evidence of legal permanent resident status during the duration of the deportation proceedings. Memorandum from James J. Hogan, INS Executive Associate Commissioner (Nov. 11, 1992), reported and reproduced in 69 Interpreter Releases 1560 (Dec. 14, 1992). Further, the temporary I-551 may be used to travel, to establish employment eligibility, or to establish lawful permanent resident status for purposes of obtaining school financial aid and other benefits.
However, because an alien whose Petition to Remove Conditions on Residence has been denied by the director is, strictly speaking, no longer a lawful permanent resident, the Service should not approve any Form I-130 filed by such an alien after issuance of the termination notice, but before resolution of the deportation proceeding. 8 C.F.R. § 216.4(d)(2). Nonetheless, as final termination of the alien's lawful permanent resident status is subject to review of the director's decision in deportation proceedings, we advise that if an alien in this situation does seek to file a Petition for Alien Relative, the Service should accept the petition as filed, but not adjudicate it pending conclusion of the deportation proceeding. Thus, if the alien recovers lawful permanent resident status in the deportation proceeding, the Form I-130 could be approved based on the priority date established when filed. Similarly, should the alien prevail before the immigration judge, the restoration of lawful permanent resident status would relate back to the date of termination. Thus, the period from the date of the director's notice of termination and the date of restoration of status would count as time accrued for purposes of eligibility for naturalization. Cf. INA § 216(e), 8 U.S.C. § 1186a(e)."
Still with me? Good. Get yourself another cup of tea.
Within a couple of days of receiving my scary denial letter, I had sent a new I-751, and I then received my receipt, then biometrics letter, and I went to get a stamp. Since then, I have left and returned to the US multiple times, with no issue - bar a quick and polite visit to secondary each time to verify my status (as my stamp is annotated with 'TC-1' , telling them it has been denied/re-opened). I am awaiting my citizenship interview now, which unfortunately has been delayed slightly due to this.
To date I have had no NTA, and when I call the automated line, it shows nothing. The phone line is 1-800-898-7180. Have your A# to hand, and use the automated system, which will tell you if an NTA has been issued or there are any proceedings underway.
My suspicion is that if you file quickly enough (and within the 30 days allowed for an I-290B to be filed), it stops the file being passed to the courts for an NTA. As yours is a very recent denial letter, you stand a good chance of this also happening to you.
Even if you do receive an NTA, any proceedings would be immediately stayed (paused) with a still-pending I-751 (which is why you must file it). This will be adjudicated on its merits and the evidence provided, without prejudice.
But ultimately my point is, DON'T PANIC....all is not lost, you have rights, and you won't be sent on the next plane home, or arrested in the street. Just get that 751 in asap and see what happens then.
Just note that sometimes lawyers will make the consequences sound SUPER scary just to help justify why you need them. If they mentioned that people do this all the time without any legal help and that most cases are DIY, why would anyone hire them? lol
Most people here don't use a lawyer. We haven't at all from K-1, AOS approved in 77 days no RFE, no interview, ROC approved in less than a year no RFE, no interview.
AtlToBlr got a reaction from Trav&Shell in Need to Apply for Citizenship, Criminal Record question...
AtlToBlr got a reaction from JACKP in Perfect time to get married and adjust status?
