mushroomspore

3 hours ago, Pete Rogers said:

How would they know, just out of interest?

CBP are federal agents and can ask you anything they want. Obviously, you should be truthful and concise with your answers. Material misrepresentation can and does come back to bite immigrants in the behind, sometimes even years or decades later.

10 minutes ago, Genzo10 said:

 

I read they have access thats why they ask all emails and social media ect...

Where did you read that? How would they have access? They are law enforcement, which means they have to ask a judge for permission (aka, a search warrant). Also, you can delete things from social media. Law enforcement cannot know exactly what was deleted just by looking through your phone or computer. They have to get a warrant and then go directly to the social media companies to request the deleted data, which can take a long time.

1 hour ago, Danun said:

Yes I know that for sure, I’m so concern about that with what happen my husband did apply and canceling petition it is making me so concerned about what you just said. Which make me afraid and sad at the same time that I couldn’t be able to be back to USA even for continue my study. Or the worst case that I would be banned

You're not banned. Bans happen under specific situations and your situation does not fit into that criteria. However, your chances of getting any temporary non-immigrant visa into the USA are very slim. You announced your intention to permanently immigrate to the USA when your husband filed the spousal visa. Why would the government grant a temporary visa to someone who announced they want to move permanently to the USA? They won't. You are free to pay the student visa application fee, but your chances of approval are very low at this point.

46 minutes ago, clintwestwood said:

Now that COVID is officially over, is this still a thing? Are only mRNA gene therapy injections accepted, or can a traditional vaccine suffice?

Who's saying Covid is "officially over"? mRNA =/= gene therapy. And what "traditional vaccine" is available to combat Covid?

Lol.

3 minutes ago, ecy_go said:

aww Thank youu so much for this. 

I just worry that they might know how the interview went with officer when i come here, and i didnt inform the officer about my bf.

i didnt lie but i didnt say fully that apart from my family i have a bf to visit too

So when you cross the border, that is when the customs agent tries to figure out what your "intent" is. In their mind, they are asking themselves, "What visa is this person entering on? Does it seem like this person will violate their visa?". Based on that, they ask you questions like, "Who are you visiting? What will you be doing inside the US? Do you have a return flight?" etc etc. From these questions, the customs agent will decide, "This person's intent is in line with the visa they are entering so I will let them in" OR they decide, "It feels like they will violate their visa so I am denying them." The customs agent let you in. That means they deemed you to not violate your visa and you did not. Intent is determined at the border, not at the green card interview. At the green card interview, they do not ask about intent because that's not their job; their job is to determine if you and your spouse have a real bonafide marriage. 

47 minutes ago, ecy_go said:

yeah, we actually met online  on 2017. 

I had my tourist visa on 2016 but then in my recent visit when i have already a bf, i didnt inform him that im going to visit him too aside from my family. 

yeah, will consult an attorney too 

 

Thank you so much for answering.  

Honestly, no need to consult an attorney. The bottom line is that your plans changed after you entered the USA. That is the only situation where you are allowed to adjust your status from B2 visa. It is only wrong if you planned BEFORE you entered the USA to use the B2 visa to get inside and then adjust your status. Does that make sense? I adjusted from B2 status (not B2 visa because I am Canadian and we don't need B2 visas to enter as a tourist but they stamp our passport with "B2 Visitor"). At the border, they asked who I was visiting and I directly said, "My boyfriend." All they said to me was, "Meh, just remember you are not allowed to work inside the USA unless you get the right visa." They let me in and two months later, my boyfriend and I were talking about our relationship and future. It was kinda crazy because honestly we didn't care about marriage, but we decided to do it 'cause we admitted we were/are totally crazy about each other. We got married and then researched what we had to do for my green card. I didn't know anything about the process; all I knew was that if you are married to a US citizen, you can apply for a green card. I thought I had to go back home too but our research showed that actually, I could stay. So we adjusted my status (without a lawyer BTW...we did everything ourselves). At the interview, they did not ask me or my husband anything about my entry at the border. I'm a citizen now too. You'll be fine. 

15 minutes ago, mangolover said:

Hi all, 

As the title reads, my wife is a Canadian citizen who spent 6 months in the US recently as a B2 visitor. Towards the end of her visit, we ended up getting married and she returned home to Canada. We soon found out we were expecting our first child together and she just returned on a B2 visa expiring in mid-may 2022, and we decided to file an I-130 and I-485. In normal circumstances, she'd probably return to Canada for a few months however since she's pregnant, it's really important for her to be in one place for consistent prenatal care. There's some conflicting advice online about "the authorization" to stay in the US while the 485 is pending. We've already filed the I-130 and are preparing the I-485 packet to send off this week.

 

Some sites state that she would be allowed to stay while the application is pending and while her B2 visitor visa would be marked as "overstayed", it would be retroactively rectified pending approval of our applications. Other sites state that what we're doing is immigration fraud as she's here on a B2 visitor visa which implies intent to return. 

 

Additional info: She managed to come back, despite already spending ~7 months here in the past 12 months, due to a kind US customs agent, who let her in and gave her a one month entry to "figure things out" which we're hurrying to do. 

 

Please help. Any advice is much appreciated!

You should only be getting your info from the USCIS official website. I can't find the exact link right now but there is a USCIS webpage that plainly states that if you leave the US after filing I-485 but without Advanced Parole (Form I-131, free to file with I-485), you are considered to have abandoned your adjustment process and cannot re-enter until you receive the proper visa, which would be through the consulate and your clock resets to 0.

Actually I found the webpage. It's at the bottom.

https://www.uscis.gov/green-card/while-your-green-card-application-is-pending-with-uscis

29 minutes ago, candypaint1002 said:

My husband's I-140 was approved and we're looking to file I-485 to adjust status. He is already in the US on a F1 visa. I'm a Canadian citizen and currently live outside of the US. We don't want to go the IVP route because we don't know how long it would take and we would rather not to be separated apart. 

 

I'm just wondering if I'm able to adjust my status by entering the US using my Canadian passport on a B-2 status (according to my I-94 from my previous trips)? We're planning to adjust after 90 days from my arrival date to avoid complications.

 

If it helps, we've been married for over 2 years and I had multiple trips to the US for the past 4 years.

 

Thanks for the help.

I looked up I-140 and saw that it is for employment-based immigration, meaning your husband is now a green card holder. For green card holders' spouses who are currently outside the US, your spouse needs to file I-130 and then go through consular processing. For Canada, that is Montreal. Info here: https://www.uscis.gov/family/bring-spouse-to-live-in-US

18 minutes ago, candypaint1002 said:

My husband's I-140 was approved and we're looking to file I-485 to adjust status. He is already in the US on a F1 visa. I'm a Canadian citizen and currently live outside of the US. We don't want to go the IVP route because we don't know how long it would take and we would rather not to be separated apart. 

 

I'm just wondering if I'm able to adjust my status by entering the US using my Canadian passport on a B-2 status (according to my I-94 from my previous trips)? We're planning to adjust after 90 days from my arrival date to avoid complications.

 

If it helps, we've been married for over 2 years and I had multiple trips to the US for the past 4 years.

 

Thanks for the help.

If you are outside of the US right now, you cannot enter on B2 status with the preconceived plan of staying in the US to adjust your status. That is considered fraud and is illegal. You guys will have to pursue other options. I am not familiar with I-140 so I can't comment on what your options are. But it is for certain you cannot pursue this plan on entering as B2 and then file I-485. There is also no such thing as a 90-day rule with USCIS.

2 hours ago, Mike V said:

We were asked specifically to document our relationship, including affidavits from people who knew us.

 

The "conditional" part of the two-year green card means that it is conditional on a continuing relationship that must be substantiated.  Otherwise there would be no point in having the "conditional" status in the first place.

 

Yes, there are exceptions, but unless you qualify for an exception, you definitely must provide evidence of the continuing relationship.

I'm aware of what conditional means as I went through the process myself. I'm saying that applicants can file a solo I-751 in the case of divorce, which is what OP should do and that she qualifies as an "exception". In that case, they are asked to submit evidence that the marriage was bonafide, not that marriage was continuing since there is divorce involved. They ask for evidence of bonafide continuing marriage only if the couple are still married and file I-751 jointly.

8 minutes ago, Mike V said:

After 2 years the Removal of Conditions requires evidence of a continuing marriage relationship.  This appears unlikely.

 

However there is an exception for domestic abuse.  I'd suggest you contact an immigration attorney to ensure that all bases are covered.

 

Above all, be safe.  It's a really sad story, but this is what can happen if you're not proactive:  https://globalnation.inquirer.net/178509/texas-man-killed-filipina-wife-stored-body-in-freezer-police

Removal of Conditions does not require evidence of continuing relationship after 2 years. People are allowed to file Removal with a divorce waiver (which does not always involve abuse). If they do the divorce waiver, they need to provide evidence that the marriage was bonafide and entered into in good faith. No need for OP to contact an immigration attorney over this. She can self-file Removal when she is ready, but she needs to talk a divorce lawyer first and foremost.

1 hour ago, nene2go said:

Get out the house, run fast and never look back.

Call the police if he gets your phone or hurt you or threat you. Safety first, leave the house of threat at once..., been there done that -- with abusive American husband and mother in law. If you don't have place to go, find shelter. With your green card you can work, do not depend on your spouse. For those who is doing this, get yourself your own money and debit card. Again, go to safe place first. Do not worry, as green card holder, you have the right...I was in your place so I stayed with abusive husband and father to my child till I become US citizen for same fear you probably experiencing -- that fear to be separated with my child -- it was manipulation. Take care of yourself. 

So glad you got out. 

Just now, Longingfor said:

She has already experience bodily injury from him banging her arm between the door and the jam.  I think OP is not ready to fully comprehend the reality that she in. Until then OP will not leave the marriage.  We can all say the same thing but until OP agrees and truly sees the situation and the fact it can escalate in a heart beat like what happened last night then OP will not leave.  This is up to OP now to take the next step to save her own life.  We can't do it for her. 

100% agree with everything you said. I know it's hard for abuse vics to fully accept what they're going through so I'm just emphasizing what I can. Denial is a helluva drug. Easier to pretend it's not real than to confront it. But you're right; we all here have said what we can and it's up to OP now, who I hope will keep us updated.

4 minutes ago, Longingfor said:

I know you appreciate what everyone has said but waiting until independent may result in you dying.

If your husband never before showed an ounce of this behavior when you guys were dating and in the marriage then this behavior is an explosive one and one that lead to him killing you.  Also if he has shown you hints of this in the past such as getting aggressive and punching walls or grabbing you when angry, it means he was showing you what he's capable of.  If you were my family member I would be saying the same thing because your life is worth so much more than trying to walk on eggshells to get to independence because you may not live to enjoy the independence. 

 

Lifetime, ID, Oxygen and True Crime has so many stories like yours and we know they don't end well.  

 

Sorry for being blunt but I work in healthcare and have seen abuse and women who are scared to say a word. So please take my advice and run for your life.

I don't ever want to watch a Netflix true crime doc about a crazy dude who killed his immigrant wife who just got her green card and wonder if it's OP. 

42 minutes ago, needhelpnow999 said:

I appreciate everyone’s responses, thank you very much. I feel the situation is really difficult at the moment for me, I am going to try my best to become completely independent as quickly as I can. I’m in the process of getting my driver’s license here in the US, so that is the first step for me. 
 

As for what is going to happen to our marriage, I have no idea at the moment. I am unsure and confused about everything.

 

Thank you everyone for your suggestions. 

Also, if you have a joint bank account with your husband, go to the bank and open a new account in your name only and DO NOT tell your husband about it. Start applying for jobs and when you get hired, give them your own private account information and NOT the joint bank account.

5 hours ago, AD&MJ said:

Is not about date it’s the birth place that’s incorrect.

thank you.

What is the reason for the discrepancy about birth places? Why did she submit the passport applications if there was an error?? Unfortunately she was the one who applied for the passports so she is responsible for making sure all info is correct before signing and submitting.

44 minutes ago, HurtRN said:

I was just thinking this morning - you never see any posts from people who either worked/work at USCIS processing these applications.  I wish we would so it would give us more insight on the day to day activities, LOL.  Just a random thought.  Has anyone else thought this or seen posts where the author states they formally worked there?  

USCIS employees are federal agents. They most definitely sign very binding confidentality agreements. No law enforcement agency will appreciate employees posting their business on the Internet to the general public. I've seen former (the operative word) FBI, CIA and NSA agents post on Reddit but they did not ever talk about anything current. 

5 hours ago, Alexiuuu said:

I used personal information 

Your OWN personal information, I hope? Also, there is no law against green card holders or US citizens having multiple jobs. In fact, it's a common joke at this point that the economy is so bad that many people everywhere have to have multiple jobs just to survive. I also did it all throughout my time as a green card holder and became a citizen semi-recently without issues.

54 minutes ago, Kswaf297 said:

Hi all,

 

My husband and I got married within our 90 day window for his k1 visa. Unfortunately with an unexpected move and loss of a job and then covid and nother loss of a job, we were unable to file due to not having the financial backing to say I could support him and our son.

Our AOS is in route to the lockbox and should arrive on Tuesday, however we are hoping to be able to travel within the united states after receiving the i-797. He has not worked, we have not travelled and I am hoping that his overstay is not going to be a huge deal, however I do know that he is way out of status. Has this happened to anyone else? I am curious to see what the outcome was? We have been together for 6 years and have a 5 year old together that was born in the US.

I have all the proof needed to show that I have not been able to prove my finances to be above the required amount over the last 2.5 years. We now have a cosponsor since I didn't make enough in 2020 and 2021, our cosponsor is my father who qualifies x100 but I am nervous about what will happen if anything at all.

 

We would also like to see if we can expedite his EAD, not sure if that's even possible.

 

THANKS IN ADVANCE!

3 years is a long time to be out of status and luckily, it'll be forgiven at the interview. But you're EXTREMELY lucky that K1 visa holders who go out of status aren't really USCIS/ICE's priority. It happens though and you should be fine but be prepared to answer questions; they may ask about the long out-of-status period or they may not. And yes, your husband is fine to travel domestically. We don't have customs for entering/exiting different states and visas are not issued to say, "You may only enter state XXX with this visa and you must obtain a new visa to enter any of the other states." They tell you, "Welcome to the USA (aka, the entire country)" when they let you in because immigration is federally mandated, not state mandated.

17 hours ago, Sara perez larfa said:

9 month rehab program sounds odd to you, well thanks for your answer really helped a lot. 

In Jorgedig's defense, you were very vague in your first post. You only used the word "treatment", which can cover a huge range of medical issues from mild to severe. There was simply not enough context in your first post to fully understand your situation. It makes total sense to maintain some financial boundaries due to your husband's addiction problems (I am friends with some addicts so I know how hard it can be to manage those relationships; it's a million times harder when it's your spouse/partner). The other comments have provided great advice and ideas for more evidence. You should be fine.