mushroomspore

4 hours ago, Gwfilam said:

This is very sad to learn. 🥲🥲🥲

 Could a lawyer get or K1 i129f looked at and adjusted to include him possibly?

 

 

If it was that easy, then that information would be shared widely everywhere and everyone would be doing it.

3 minutes ago, Generaltito said:

I agree. Regardless if the attorney is aware or not USCIS almost always asks why you overstayed according to the attorney today. She can't even tell them she fell in love because we didn't meet until almost a year after the overstay. That gap of almost a year will likely open another can of worms from the USCIS

This is the main problem I foresee if you were to do the AOS. They will ask what she was doing in that period after entry and before meeting you. The only other options here are to do long-distance or to move to your wife's country with her and deal with whatever bans/consequences and try to return to the US at a much later date after that is all cleared up.

50 minutes ago, Generaltito said:

Yes I completely agree with you 100%. She realizes now that she really screwed this up now.

But she is a former consulate employee. She is more aware than most people about the laws. It's also just basic common sense that governments regulate who comes in and out of their countries and that lying to those agents about the purpose of your entry is not a good idea. 

The truth is that actually, AOS applications from B2/VWP/ESTA does not incur "more scrutiny" and it's not "a whole other ball park". Generally, it's actually a rather simple process for applicants who have been completely honest. The other big detail that stood out is that her ex supposedly reported her to ICE. Unfortunately that is really not good. The overstay and illegal work actually are not the problems either. The lie about her intentions is. Alright I am now also out. Good luck to you both.

13 hours ago, Generaltito said:

Is it still immigration fraud if we didn't even know eachother upon her arrival? She was being truthful when CBP spoke to her and she did that she was leaving. Once she experienced life in the US for a month or so she cancelled her return ticket and decided to stay.

The fraud aspect has 100% to do with the fact that she lied about her intentions to CBP upon entry and 0% with the fact you didn't know each other until recently. You say here she was "being truthful" yet in your very first post, you also say:

Quote

She was well aware her intent upon entry was never to go back home.

So she was not truthful. Since her fraudulent intentions are made plain here, I cannot advise you guys to pursue AOS. Many people's plans do genuinely change after entry on ESTA/VWP or B2 tourist visas and those people are allowed to AOS. But not people who were clearly planning from the beginning of lying to CBP and staying to adjust their status. Btw, it should be pointed out that US citizens get prosecuted for immigration fraud as well, not just the immigrant, if/when the fraud is discovered. Since immigration is federally regulated, immigration crime results in federal charges.

13 hours ago, Generaltito said:

My nephew is slowly sinking our boat but it seems like he has valid points.

Actually, it is your wife who sank her own boat by making these decisions of lying to federal agents about her intent and violating the temporary ESTA she was admitted with, not your nephew.

21 hours ago, Adventine said:

Good idea. A detailed FAQ would definitely be helpful.

 

Some other ideas:

 

• I am a K1 visa holder. Am I required to file for AOS within 90 days of entry? 
• I am a spousal visa holder and I haven't received the physical green card yet. What do I do? (related to the stamp upon first entry using the spousal visa)
• I want to help family/friends get tourist visas. How do I do that?
• How do I cancel a petition?
• What is AOS (Adjustment of Status vs Affidavit of Support)?
• What is the difference between I-134 and I-864?

These are great! 

Some more that I thought of:

• What does the I-551 stamp do? 
• Is it possible for me to request a waiver for the 2-year meeting requirement for the K1 visa?
• How do expedite requests work? What are the requirements? Do my circumstances allow me to request an expedite?
• I'm a green card holder and I was out of the US for 6-12+ months. What will happen when I return?
• I'm a green card holder and I plan on being out of the US for more than 12 months. What should I do?
• Why did they send me an RFE for documents I already submitted?
• How does divorce affect my green card, ROC or naturalization process?
• The forms on USCIS.gov look like they are "expired". Are those the right versions to use?

3 minutes ago, MASH said:

If I don’t have the physical card at the interview would I get denied or in trouble ?

To be honest, I'm not sure. At the citizenship interview, there is a good chance you'll be told to file I-90 and bring the receipt with you to your oath ceremony in exchange for the naturalization certificate. Ultimately, just filing I-90 is really the safest bet. 

20 minutes ago, Mrs. Dea said:

Good Day viewers:

 

I was married to a US Citizen for 4 years, after joining him in the US things did not work out as the distance and wait took a toll on our relationship and many things were being discovered on my arrival. We tried to work it out but ended up getting divorce shortly after. I was granted a 10 Yr GC before. I understand I will have to wait 5 years minimum to begin the naturalization process.

 

1. During this 5-year wait period, if I remarry, would my new marriage have any impact on the outcome of my naturalization application and how so?

 

2. Or does it mean I should wait until after I naturalize to consider getting remarried ?

 

Thank you in advance. 

New marriage has no effect on the 5 year waiting period or your eligibility for naturalization under the 5 year rule.

15 minutes ago, oat12 said:

Hello everyone,

 

As some of you may have seen from a very recent topic I posted, I am in quite a bit of a predicament.

I activated my IR1 visa on the 27th May and stayed in the USA for 10 days (this was never my original plan, I was originally supposed to move in with my soon to be ex husband but things took a turn for the worse- refer to my previous thread if you want to know more). I then returned to the USA on the 29th June for 2 weeks, I returned to apply for a re-entry permit which cannot be filed if you are outside of the states.

I am now back in the UK, waiting on an NOA1 for my i131 and waiting on an appointment to provide my fingerprints. I have not received an SSN yet which means I have not been able to open a bank account and I am struggling to apply for remote jobs without this. My plan is to wait for my biometric appointment and return to the USA to provide this, apply for a bank account, apply for a driving license and get a California ID.

I am just worried that I will face scrutiny because since receiving my approval this year, I have made 2 short trips to the USA. I do not want CBP to assume that I am abandoning my residence. It is my ultimate plan to work and reside in the USA but I have had to face terrible factors at the last minute (abusive/threatening spouse/mothers health deteriorating) and I am trying my best to balance it all.

Can anyone provide any insight as to whether waiting for my biometrics is a good idea? Is the 6 month rule now being counted from my last trip (29th June - 13th July) or from when I activated my visa?

Thank you.

1. Some banks don't require an SSN. I opened an acct with Wells Fargo (granted this was back in 2013) and I didn't have any American docs. No American ID, no SSN. Just my Canadian passport.

2. Unlikely you'll face scrutiny plus the fact you've applied for the re-entry permit means you're taking the right steps to protect your permanent residency status without abandoning it as it sounds like you already know you'll be abroad for some time. If they ask questions, be honest and concise and don't overshare or volunteer info. Just answer specifically whatever they ask.

41 minutes ago, MASH said:

I do have the lost and found with the airports n things and I’ll just have to explain to them that I lost it , just wondering if I can also go see my family in September  without it if I have a picture of it 

Unfortunately it's not a good idea to leave the US if you don't have the green card anymore. I was going to suggest to get the stamp in your passport. But you need the I-90 receipt notice to get that. So your only option is to stay in the US until your naturalization is done and you have a US passport, since you don't want to file I-90.

I know each sub-forum has their stickied posts but I wonder if the site should have a more dedicated FAQ page and if new users should be required or requested to read that FAQ page first to see if it answers their question(s). Also...let's promote the search bar that's right there in the top right corner.

Lots of people (esp new people) don't even see the stickied posts and end up posting the same questions over and over. I know part of it is that the individual wants reassurance about their case, but the same questions pop up a LOT. I did AOS so I'm more familiar with the questions pertaining to those and I felt like starting a list of the most common ones. Please feel free to add any others that are more specific to the other processes, like K1, CR1/IR1, the work visas, etc. And this is meant to be an open discussion, of course...feel free to add your thoughts about developing this.

• I'm in the US on a B2/ESTA/VWP and wanna get married/just got married. Can I adjust status? 
• What about the "30/60/90-day rule"?
• Help, my spouse is threatening to deport me/is abusive etc. What can I do?
• What's the difference between the 2 year and 10 year green card? How do I know which one I'll get?
• What's the difference between I-751 and I-90? Which one do I file?
• How does the ROC extension letter work?
• How do I know when to apply for naturalization?
• What are my rights and privileges as a permanent resident?
• What are my rights and privileges as a US citizen?
• They made a mistake on my green card. What do I do?
• What are the differences between K1 and CR1/IR1? (Let's do @Crazy Cat a solid and immortalize his comparison post that he copy-and-pastes all the time)
• I saw/read <incorrect info> on <some random website>. Is this correct?
• We don't really have a lot of the "bonafide evidence" that they list in the application. What can we do for that?
• How do I establish domicile for the spousal visa application?
• Can I visit while my visa is being processed?
• I'm pregnant. Will that speed up my application?

4 minutes ago, dabhakta said:

Yes, the issue is coming back. This is exactly the process we needed. I am currently on hold to schedule an infopass appointment to I-551 stamp. Thank you.

Ok once she gets the stamp, she is fine to travel and come back. As I said, I recommend that she takes her expired green card and expired extension letter when she travels...you just never know.

12 minutes ago, dabhakta said:

My wife needs to travel out of country and her N-400 Application is still pending. Her I-751 Petition to Remove Conditions on Residence is also pending. Her NOA extension expires at the end of August 2022. USCIS shows an estimated time of 5 months (December 2022) for case decision. She needs to travel abroad in October with my 5 month old daughter. Is this possible, or does she have to wait until either I-751 or N-400 status changes?

Technically, she is allowed to leave at any time. The problem is being allowed back into the US. Obviously, no airline will allow anyone to board with expired documents. In this case, the extension letter is the thing that must be valid since the conditional green card is dependent on the extension letter to extend its validity. Your wife should call the customer service number (which can be found on USCIS.gov) and make an Infopass appointment to get the I-551 stamp in her passport close to when the extension letter is expiring. The officer at the field office will decide how long it is valid for. Legally, the I-551 stamp is the exact same thing as a physical green card. However, I would still advise your wife to take her expired green card and expired extension letter with her on her trip as a safety measure just in the off-chance the CBP agent asks her to produce them for verification purposes. Most likely not as the stamp is equal to a valid green card but you also never know.

21 minutes ago, MASH said:

Hello everyone, 

 

sadly i had a very hard month with the moving, and so many other things.

 

with that being said i lost my green card which I cried about for a whole week cuz i am always careful with my USCIS stuff to avoid any delays but sadly i lost mine at the airport. 

I filled out the lost an found form a week ago n sadly no updates if they found it or not which is hurting me so much.

 

Since i already filed my N400 and have a picture of my green card front and back do i still have to have them issue me a new one? 

the $455 pricetag i sadly cant afford right especially when i spent all my money on the move i have nothing left for months and i have to see my sick mother in September 2022 and i doubt even if i get a new GC if it will even make it by then.

 

has anyone else had an issue with this?

 

i wish it didnt take so long for citizenships , its been 210 days now of waiting

Oh nooo I'm so sorry! ☹ Yeah I agree with Timona. I say wait until your N400 interview and explain what happened. Do you have a copy of the lost and found report? I would bring it to the N400 interview. Since the card was lost AFTER you had already filed N400, I think you'll be ok but the interviewer will advise you about it at the citizenship interview. If it had been lost BEFORE you filed N400, you would have to file I-90 first. 

25 minutes ago, Shawn90 said:

Hey all, 

 

I've skimmed the Forum for a while and while I realize that most members recommend the CR1 route over the K1 route, I'm hoping to get some specific advice for my fiancé and me.

 

To provide you all with some Background info: I'm half German and half American with dual citizenship. I grew up and spent most of my life in Germany and moved to the US a little over 6 years ago (As I mentioned, I have dual citizenship with a US passport, SSN card and I live and work here like any other citizen). My fiancé is Germany and currently lives in Germany.

 

We've known each other for nearly 10 years but only started dating in August of last year when I went back home to visit friends and family. Since then we've been dating via long distance and have seen each other five times (We met in Canada during the time period where no visitors where allowed in the US, after the re-opening she's come to visit me here 3 times and I went back to Germany once. There is no significant age difference between us (we're both in our 30s) and neither of us have been previously married or have any sort of criminal history.

 

We know we want to get married and for various reasons relocating back to Germany is not an option for me at this time. We've looked into our options and it seems like it really comes down to either the K1 or CR1 visa but we have some questions/concerns and can't decide which one is best for us.

 

The most important thing is for us to be together and for her to move here as soon as possible, everything else is secondary as of now. We realize there is a significant backlog right now either way, but it is my understanding that at this point the fastest way for her to stay here with me legally and long term would be the CR1 visa, is this correct?

 

If we do go with the CR1 route, we could easily get married in Germany on my next visit, but I've read on the USCIS website that they require proof that the marriage is "bona fide" and that's where we have some concerns. We can't really provide any of the suggested examples, such as joint bank account statements or a joint lease agreement. Are these absolutely necessary? Would it be enough to provide them proof that our relationship is genuine like photos of our trips together, phone logs, plane tickets, etc. as well as the marriage certificate from Germany?

 

I would really appreciate any advice or insight from personal experiences.

 

Thanks!

K1 is only SLIGHTLY faster than CR1. The disadvantage of K1 is that the K1 does not automatically provide the green card. With K1, you enter with it and the visa is no longer valid as it is a one-time use visa. After entry with K1, you would have to file I-485 Adjustment of Status (along with other forms) plus all the filing fees. No employment authorization and no international travel until your spouse gets the Employment Authorization Document and Advanced Parole (both of these forms are free to file concurrently with I-485) OR their green card is granted. This is easily taking at least 8-12 months right now.

Lots of people say the same thing: "Our priority is just being together ASAP." However, not being able to work and/or travel internationally for months or even a whole year is still something to take into consideration, if only for your spouse's mental health. Lots of people underestimate the stress of being unable to work and travel, especially after immigrating to a whole new country. Also, 2 incomes are always better than 1 and even if you feel secure in your job right now, we can't predict the future. Sure, CR1/IR1 takes a little bit longer (but not THAT much longer tbh) but upon entry with this visa, the immigrant is a permanent resident and is immediately authorized to work and travel internationally and the green card will be sent shortly after entry. Less headache. Take any reason you can to deal with USCIS as minimally as possible as they're very annoying to deal with.

As for the evidence, you have time. You don't have to have ALL those things but you can do things like add each other to any insurances, anything that shows shared address and cohabitation. They know that couples who have not been married long won't have a lot of this. You can go to the bank to add each other's names to an account or to each other's credit cards as authorized users.

12 minutes ago, xzsca10 said:

Thanks for the info. I will go on USCIS right now, even call them tomorrow to double check or speak with their support.

 

The visa sticker in my wife's German passport says "CR-1" category, not IR1. I assume you mean that the officer will change it to IR-1 upon entry after our 2 year anniversary. Her CR-1 expires in Jan 10 2023, so we have some leeway time. Thank you everyone again, saved us a lot of headache. 

It's CR1 now because your marriage is not yet past 2 years old. Yes make sure to point out it's IR1 to CBP when you enter after your 2nd anniversary. And it sounds dumb for me to say this but obviously please double check the green card as soon as you get it, especially the "Resident Since" and "Expiry" dates but also check spelling, category etc...you'd be surprised at how many ppl don't check their stuff. Sounds like you're good to go since the visa is valid until Jan 2023. No real reason to call USCIS tbh...the people who work the phone line aren't always that knowledgable themselves and often give confusing info or don't know what they're talking about. Just enter in late Dec and make sure all fees are paid and check the green card upon delivery.

42 minutes ago, xzsca10 said:

Really? So our 2nd anniversary is on Dec 25. If we fly in on Dec 26, she will receive a 10 year green card? That’s so crazy to me, but we can wait it out. Already been here for 2 years with the wifey 

Yeah that info you got was totally incorrect. I'm nor sure where people get that kind of misinformation but USCIS.gov should be your primary go-to for official info. Visajourney should be the only other source you consult as we are people who post in real-time about our experiences. What is the exact expiry date on your CR1 visa?? The only thing that matters is that you enter BEFORE the CR1 visa expires, obviously. So if you have the room to wait and enter on Dec 26 and your visa is still valid, then you can enter Dec 26 and you will get the 10 year GC. At CBP, make sure to point this out to them. The 10 year unconditional green card category is IR1 ("Immediate Relative") while the 2 year conditional green card category is "CR1" ("Conditional Resident"). I believe they mark your passport with the category when you enter so make sure all info is correct BEFORE you walk away.

1 hour ago, Crazy Cat said:

There would be a LOT of wasted money.  The 2020 date CANNOT be used for naturalization if the adjustment of status was not approved until 2021.  No, they do not backtrack dates.  

Exactly. Also, in such cases, there is no way for the applicant to time travel back to the hypothetically "backdated" approval date and relive that time as a green card holder. In OP's case, their first denial was Aug 2020 and they were not approved until mid-2021. That time between the first denial and later approval is already gone and OP already lived it without the rights and privileges of a green card holder since they were not approved during that time. OP can't return to Aug 2020 and redo that bit of time as a green card holder. As such it's only logical for USCIS to not backdate.

1 hour ago, EatBulaga said:

Just for the sake of playing devil's advocate here to everyone...

What is the harm in applying for the I-751 Removal of Condition here aside from losing the $595 filing fee?

If anything, the August 2020 date is now documented and can be used to apply for the N-400 Naturalization in February 2023? And considering that the @SebastianOs marriage is already 2+ years, the August 2020 date could be USCIS backtracking the acceptance date to the first denial since they were approved later?

What are the pros/cons of applying for the I-751 as their notice letter suggests?

Nope, they do not "backtrack" the date like that ever. As powerpuff said too, they review the applicant's entire history for citizenship. Filing I-751 in this case would accomplish nothing but confuse USCIS' system even further. They will see at N400 that this case was approved in 2021, NOT in 2020. That Aug 2020 date was for a DENIAL. It is on record as a denial and they do not change it to an APPROVAL after the fact. The only approval here happened in 2021. If OP was to attempt to file N400 based on the incorrect dates, they would be promptly denied citizenship. My own GC was printed with incorrect dates (mine said I had been a resident since the day I filed AOS, not the day I was approved). I made an Infopass and was told to not attempt to cheat the system by filing N400 based on the incorrect dates. They WILL catch it and it won't be reflected well on the applicant if an applicant were to do this.

10 minutes ago, SebastianOs said:

 

We definitely don't want to waste time and money. Where and how to do the infopass and passport stamp? 

I'm glad you guys are here to answer my questions and to further my knowledge about all this. 

USCIS.GOV has the number to call for Infopass. Ask to talk to Tier 2 officer. Before Covid, we were able to make Infopass appts online. But sadly that's no longer available so you have to call. If they get difficult, just keep insisting you have to get the passport stamp because your physical card is incorrect and you need to retain proof of employment authorization and to return to the US should you decide to travel internationally.

5 minutes ago, Crazy Cat said:

Step1: Determine the actual timeline of all events.

Step 2: Determine whether you received the proper Green Card

Step 3: Take IMMEDIATE action (I-90) to either correct the GC or plan for Removal of Conditions at the appropriate time.

You might have to hire an attorney to help you clear up this mess.  

I don't think they need a lawyer. Their marriage was definitely more than 2 yrs old at the time of approval so they should have the 10 yr card. I think they just need to file I-90. I'm more confused about why OP thought the 10 yr card was given on a "case to case" basis. That makes zero sense.

2 minutes ago, SebastianOs said:

We didn't had second interview. We got interviewed on June 2021. Yes, married for more than 2 years when we got approved.

File I-90 right away with copies of your marriage cert and the I-485 approval letter with post-it's or stickers pointing to the dates and a letter with very clear language saying: "I was married XXXX/2019. My I-485 was approved XXXX/2021. My marriage was older than 2 years old at the time of approval. Therefore, my green card's 'Resident Since' date is incorrect and the expiration date should reflect 10 years, not 2 years." Yes it sounds stupidly obvious but you have to spell it out for them. Burden is on us to call attn to these errors. 

6 minutes ago, powerpuff said:

When did you have your second interview? Were you married for 2 or more years when received your approval?

OP said they got married Jan 2019 and were finally approved Aug 2021 so their marriage is def older than 2 years at the time of approval.