mushroomspore

13 minutes ago, Fleurdesiles said:

Hi, I spoke with USCIS several times this past week and with conflicted messages although the last one seemed to be a bit better and clear. 

I have an expired green card and a I-797 that is expiring in 3 months. 

I am travelling this week overseas for 4 months 

I requested the USCIS to give me the I-551 stamp on my French passport that will allow me to re-enter the States in 4 months but they said that they can only give the I-551 stamp 30 months prior to the expiration date of the I-797. 

🤔

However, the last officer said that I can ask for a travel note from the US consular in the country (Indonesia) where I will be joining my husband who is posted there. 

 

Now I cannot find any information about that "travel note". I emailed the US consular in Jakarta 3 days ago who has not responded yet. 

 

One thing though: I know as a French citizen, I can enter the US through ESTA for 90 days. 

 

Any advice from someone who experienced a similar situation or an expert? 

 

Thanks 

Fleurdesiles.

How did you get that info about the stamp being issued 30 months prior to the I-979 expiration? Was that via the phone hotline? Also you can't enter on ESTA as an LPR...ESTA is for tourism/short visit purposes only...it's not the same as being admitted with your green card. 

14 hours ago, BP05 said:

I'm in a U.S. citizen and am planning to marry a woman who is from Russia but has relocated to Armenia since the war in Ukraine started.  Our plan is to get married in another country and she would live here.  We've been talking about the best option & she thinks it may be the Immediate Relative Visa, but I want to consider all possibilities.  We haven't met in person, which I hope won't cause too much scrutiny for the process.  Given my work, it would be very difficult to take for an extended period of time to travel like that.  There's also having to save for more than one trip, which I can do but we don't want to draw out this process longer than what will already be required.  However, for almost 2 years we have talked daily whether it's over Skype (with the camera on), phone, or messenger.  We have also been mailing each other things (postcards, gifts, etc). Would the Immediate Relative Visa allow her to come to the U.S. right after we're married & as we continue the rest of the process?  That is the bigger factor for us in deciding more than the cost. 

So you have not met in person at all??? Of course that would cause scrutiny. You can't do K1 if you have never met in person as others have pointed out. Technically, the spousal visa has no set requirement about proving you have met in person. However, what kind of law enforcement officer would believe that a married couple is in a legitimate relationship if they have never met in person or have only briefly met once?? Your priority right now should be to meet in person at least once or twice more before even filing the visa paperwork.

11 minutes ago, MelissaS said:

Does that mean she can’t come back?

Since she has a valid green card, she will be able to board a plane to the USA. However, it will be up to CBP what to do with her since she has been away for so long.

23 minutes ago, MelissaS said:

Hello everyone, I have a quick questions:

 

1. My Mother has been living in the Philippines for 7 years. She’s a 10 year green card holder and will expire 2024. I plan on bringing her back next year 2023. What document can she brings? Are they going to ask why she stayed that long in the Philippines.

2. Can she petition my siblings even she has a green card? Does she needs to be a citizen first before she can petition my sisters. How long is the process to petition my sisters if my mom petition them. I am a citizen how long is the process if I am the one petition them? Please any input is highly appreciated!

 

Thanks,

Melissa

1. 7 years outside of the USA?? As JeanneAdil said above, green card holders who are outside of the USA for 1 year and 1 day or more are considered to have abandoned their residency status. It would be slightly different if she left in 2020 and was stuck outside of the USA because of COVID. But obviously she left a long time ago and never came back. Yes of course she will be asked why she stayed that long. Be prepared for CBP to ask her a lot of questions. CBP will obviously decide whether to let her in or not. You should also be prepared for your mother to see an immigration judge if she is allowed into the USA.

2. If you are a US citizen and want to petition your siblings, the wait time for siblings is like 15-20+ years. Not sure if a green card holder can petition for their children...I believe there are specific rules depending on the ages of the children (under or over 21) and their marital status (married or single). 

21 minutes ago, Crazy Cat said:

Filed in March 2019.....still waiting for an interview.

Omg I was gonna tag you cause I know you guys have been waiting so long. ☹

19 minutes ago, Shane & Len said:

Yea, I needed some time to cool down before I replied to her.  We have not filed the N-400 because everything seemed so screwed up when we tried to do the I-90 to change my wife's name at the same time - she waited to change her name until after arriving here (not k-1) due to time constraints on travel papers at the time.  

 

It came up during home purchase as she is part of the application for the loan and at this point her green card is 21 months expired - apparently the extension letter wasn't enough proof that it is processing.

Yes we supplied print screens of processing times, case histories, case documents and the status of the 2 cases.

The attitude just started us questioning if something was actually wrong - having gotten to this point we should be used to the wait but that statement brought back all the old impatience from the CR-1 days!

Ah copy that. I'm so angry for you that the underwriter was so rude like that! The extension letters are now plainly extend the GC's for 24 months now.

Hmm, so what happened with the I-90 and trying to change her name? At the N-400 interview, you can request a name change if that's your concern. 

Just now, Rocio0010 said:

Oh c’me on!!! You were not going to disclose the truth! So you know EVERYTHING IS WRONG!

I could maybe believe one person thinking it is fine but for both people to think it is fine??? The stupidity is beyond comprehension. Nobody needs to be a legal expert to know that lying to a law enforcement officer at any level (local all the way to federal) is a bad idea. That is just baseline real-life common sense.

Just now, andrecfa said:

Honest to God, we didn't think there was anything wrong with this. But there clearly is, so we'll make alternate arrangements. This will be my last reply. Feel free to shut down the thread.

Again, it's baffling as to how you thought that there was nothing wrong with this plan and that's why I keep asking you to explain why you thought it was not fraud.

Just now, .yana said:

Dude, you're on a wrong website.

May I suggest Reddit?

This thread really is truly Reddit-esque.

1 minute ago, Jorgedig said:

Right.

 

I’m starting to think perhaps OP is trolling here.  I’d hope for the sake of humanity and the gene pool that it is not legitimately reflective of someone’s cognitive skills.

"We want to lie to federal agents but we swear it's not fraud!". Who says that??

13 minutes ago, Jorgedig said:

You are clearly seeking help to commit immigration fraud, and this thread will soon be shut down.

Surprised it hasn't been locked yet.

2 minutes ago, andrecfa said:

Again, we weren't perceiving it as fraud. And the motivation for this whole thing is because my wife can't bear the thought of hurting me, and if she breaks up with my while I'm still in love with her, she will devastate me.

And again, how is it NOT fraud? You want to lie to federal agents. That is fraud. As stated, it also doesn't matter how you guys are perceiving it. If an intending immigrant omits information about their history (example, a previous illegal border crossing) and is confronted, do you honestly the immigrant is going to get a good response if they reply with, "Well I didn't perceive it as fraud sooo give me the green card please"?

Also again, if your wife has this many issues with living with one other person, she's really not gonna do well if she ends up in prison.

Just now, andrecfa said:

Does the post below refer to a completely different situation, then?

Remarry under conditional green card - Removing Conditions on Residency General Discussion - VisaJourney

This person had already been approved for their conditional green card and divorce happened AFTER that. That is not the same as your situation as your AOS is still pending. Your situation is much more problematic.

2 minutes ago, andrecfa said:

If you're implying that this is all a scheme to live in the US, know that my original country has a greater standard of living. Two words: socialized medicine. If I had to pick a country to move to just for the sake of quality of living, the US wouldn't be it.

Then why ask these questions about trying to stay here and attempting to deceive USCIS?

7 minutes ago, ROK2USA said:

If she has difficulty with new surroundings/ difficulty around strangers. 

I suggest you employ a good, competent lawyer for the eventual interview. 

If your interviewer suspects anything about your relationship being on shaky ground they might just try to intimidate your wife. 

If you love her... do you really want her to go through a Stokes interview?

Or be told you are only using her for a Green Card? 

Warning her she could be charged with a crime... think very carefully about how you want to continue in this life. 

Oh yeah this is the other thing @andrecfa is not taking into account. The US citizen petitioner will be charged with fraud as well since the intending immigrant has no way of being in the US legally without a US citizen petitioner. Maximum fine is $250,000 which is quite hefty and the maximum prison sentence is 10 years. These are felonies too, which are federal meaning she would be sent to a federal prison instead of a state prison. A woman with Asperger's...I'm gonna guess she won't do well in prison. And then add on top all the things that convicted felons have to deal with once they're out: insane difficulty getting a job, having to disclose her status as a felon forever, not being able to travel to some countries because they're really strict about foreign felons coming in, etc....

3 minutes ago, andrecfa said:

Look, you're assuming an awful lot of things. You don't know any of us.

 

Okay. Thank you.

Please tell the USCIS officer this same line of, "You don't know any of us" as well and let us know how it goes.

1 minute ago, andrecfa said:

My current wife has to agree to sponsor me for 10 years at the AOS? We didn't know that

 

Are you completely sure? I read somewhere else that the law was changed in recent years allowing the restrictions to be lifted through a second marriage.

It says very plainly in the I-864 instructions that the I-864 expires only when the intending immigrant works 40 quarters (equal to 10 years) or when the intending immigrant becomes a US citizen. Until one of those conditions is fulfilled, the US citizen petitioner is on the hook financially for the intending immigrant. 

Just now, andrecfa said:

She is, yes. Because if my wife breaks up with me while I'm still in love with her, which I am, it will be devastating for me. She's extremely nice and doesn't want to hurt me, no matter what, so she's thought up of this whole thing.

 

I wouldn't go as far as calling it fraudulent... But I understand how USCIS will see it that way.

It doesn't matter what YOU think, tbh. It matters what USCIS thinks and they WILL see it that way. Most people understand "bona fide" to mean "real and valid". This is true but in the legal system, words have very specific and narrow definitions, which is the way USCIS uses their terminology because USCIS is, you know, a law enforcement agency. In the legal system, "bona fide" means "without intention to deceive". The point of the green card interview is to prove to USCIS that you're in a bona fide marriage because the burden of responsibility falls on the applicants and petitioners. After all, it is OUR marriages, not the marriage of the USCIS officer, that is put under scrutiny. If your marriage is basically over to the point that divorce is on the horizon, your marriage is no longer considered "bona fide" and to not disclose the status of your marriage to USCIS would be (wait for it) deceptive and fraudulent.

8 minutes ago, PaulaCJohnny said:

Your situation have more red flags than a Chinese parade. Looks like a visa shopping.

 

Maybe I’m old fashion but you are still married and have a plan to when divorced marry the friend of your wife that you doesn’t have a long (none) relationship?? 
 

If you are really in love with the new person why don’t you file for divorce, to travel back to your country, take the time to meet this person better and than decide to marry?

 

Just for curiosity, how old are you, your current wife and the new one? And which country are you from?

 

 

I think the wife's friend is likely in the USA too since the wife is the US citizen petitioner. But I agree with your overall points. Why the need to jump from one woman to the next immediately? 

16 minutes ago, andrecfa said:

Why would we do that? Of course not.

So then you acknowledge that your plan is fraudulent and has immensely negative ramifications. As Crazy Cat pointed out, USCIS can ask you anything about your history and current circumstances at any point in the process, even after naturalization. There are cases of citizenship being stripped due to lies and other untruths being found out.

17 minutes ago, aaron2020 said:

Dude.  Do you not see the red flags that everyone is trying to warn you about?

 

She has no job.  She wants you to send her what is twice what a college graduate makes in her neck of the wood.  Wow.  That's living on the wages of two college educated professionals.

How many time have you met?  Once? 

Get a clue on what she wants by you making her a baby.  You are a big ATM dispensing free money.

I have to agree that this is something to take into consideration. It's just an unfortunate risk inherent in most international relationships going through the immigration process (in any country but the US is still especially coveted by many people globally). I don't see the logic in trying to undergo the pregnancy in this manner or what the exact benefits are in doing it this way. It's just increasing the likelihood of things going wrong or complicated with the K1. Plus, everyone forgets that immigrants need time to adjust to the US due to culture shock. Add a baby or infant on top of that and that could easily become too much for some people to handle. This needs to be taken one step at a time. 

18 minutes ago, GinoNiña said:

Good come backs. Thanks.

We chose February for baby making because at that time we should have an idea on where her place in the interview pool. USCIS estimated to be 10-13 months for K1 visa for process. 

Next year February, we already have accumulated 11 months in, so the interview would take place within 6 months. 

She is ok without my presence if she becomes pregnant and or giving birth. she has a very supportive family she can rely on. 

 

I am not using having a baby to expedite our case. 

 

She asked for 50K pesos/month. its about $1000.

 

FYI: I have no kids of my own. 

It's ultimately your guys' choice as it is your lives. But as we've pointed out, it's not advisable as both the immigration process and pregnancy process are very unpredictable. It is possible the interview may happen much sooner or much later than you're expecting. Any complications related to the immigration process become part of the record forever and because of their bureaucratic nature, there is no way to know how long it may take to work around the complications, even something as seemingly simple as rescheduling an interview. There is no way to know exactly how her pregnancy, birthing process and post-partum recovery will go and how all that may affect her ability to travel when the time comes.

24 minutes ago, GinoNiña said:

Due to an enormous backlog my fiancee and I are thinking of having a baby while she is awaiting for her K1 visa interview. Our noa1 is 03/31/2022. 

My question is about how much monetary support should I provide for her during her pregnancy? Im going to see her next year February. That is when we both  agreed for our baby making process. She is 38 yrs old and lives with her parents. She has a 14 year old son and no permanent income. Im 52 yrs old with a stable income. 

Second question is: does a pregnancy or having a baby would interfere K1 process? 

 

Thanks is advance...

Honestly you're gonna get people advising you to not even attempt to start conceiving until after she has entered the US with her approved K1. The visa process and pregnancies are both unpredictable. The financial aspect is fine. It is the timing aspect that is dangerous. If she has some kind of pregnancy related emergency too close to her interview and she suddenly becomes unable to attend, you risk putting yourself in a position where you guys aren't able to notify the consulate in time to reschedule. The consulate will NOT be extra accommodating or helpful to you guys just because you guys are expecting. If the pregnancy interferes with the K1 process or even completely derails it, the consulate will simply say, "Nobody told you to get pregnant now and risk the K1 process. You guys had the option of waiting until after the K1 to conceive." At that point, the consulate will tell you guys need to wait for a new interview to be scheduled or to start over completely, depending on how it plays out.

12 minutes ago, ARose said:

Thanks so much for the replies everyone! 

Good to know about the work situation. So my fiancé works in pharmaceutical biotech and could qualify for the H1-B visa for work. I’m wondering if, during the 8ish months while waiting for EAD, he applied for and got a job that would sponsor H1-B, if he’d be able to work under that visa while waiting for AOS? Or would that not be allowed/would AOS then be forfeited? 

There's no point in doing H1B if you guys are gonna do AOS. It's not so much that it would "forfeit" the AOS. It's just pointless because any visa is meant to be used to enter the USA under a specific status. However, he was already admitted under ESTA as a visitor/tourist and then he'll be under "authorized stay" (exactly what it sounds like) once the AOS is filed and until it is adjudicated. There's just no use in having 2 legal processes going if you're doing AOS. As another person pointed out, if he is offered a job, he can use that to expedite form I-765.