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Nat&Amy

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About Nat&Amy

  • Rank
    Senior Member
  • Member # 288012
  • Location Ontario, CA, EUA

Profile Information

  • Gender
    Female
  • City
    Ontario
  • State
    California

Immigration Info

  • Immigration Status
    Adjustment of Status (approved)
  • Place benefits filed at
    Chicago Lockbox
  • Local Office
    San Bernadino CA
  • Country
    Brazil

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  1. My guess is May/June in the best case scenario. However, going by how fast cases have multiplied in the US, I honestly think this first half of the year is pretty much dead, including for immigration purposes. All the institutions I am part of (college, work, public services) are projecting early September as a likely "things going back to "normal" moment.
  2. If the form asks for the address where you live, you enter the address where you live. Mailing address is a different beast, so if you want to get all your mail sent to your spouse's address, great. But claiming to live in an address where you don't live is not okay. If your marriage only "starts" after you have a celebration with your family, then it is an issue that you are sending your AoS now, claiming to be living in marital union when you actually aren't. Be prepared to provide very good explanations.
  3. Especially when you consider that a spouse with a 2yr GC can remove conditions with a divorce waiver. Like, really, what is the point of a conditional green card? None (other than making people spend more money, of course).
  4. This is not even about agreeing or disagreeing. When it comes to immigration, the only "opinion" that counts is from Immigration themselves, and right now AP is mandatory for everyone planning to leave and re-enter the country during AoS. Until they waive that requirement, leaving the US without AP will result in you being stranded abroad.
  5. Too bad that many employers are not offering the option to work from home and the idea of a lockdown is absolutely terrifying for workers that will not get paid for the days they spend at home.
  6. The way it was phrased, I understood OP was referring to the mythological rule of "only file AoS after waiting 90 days to show there was no immigrant intent". Since entrance was through a tourist visa, and the duration of allowed stay depends on what was granted at PoE, I did not connect the dots. In which case, to clarify: absolutely no need to wait 90 days to adjust status, and it is by far a better option to have a NOA1 while in authorized stay (be it 6 months, 3 or 1, depending on what i94 says). Accruing unauthorized stay is never a good idea.
  7. Forget the "90 day mark" concept. What determines fraud is intent to adjust while entering the US with a temporary visa, and this was not your case. Circumstances change and that is what AoS is for. Regardless, intent is determined at the PoE. Water under the bridge. Unless your wife lied to immigration at any point, there is no reason to believe your AoS will be tagged as fraudulent.
  8. I entirely disagree. Marrying here and filing for AoS might be the best choice, not only because of health concerns (who would want to go on a long haul international flight these days? And then fly again when their visa is issued? Not only would they have to count on both countries still allowing flights in and out, as they would also have to risk being in airports, one of the hotspots for the coronavirus worldwide), but because at this point, consular processing has been suspended in many (if not the majority) of American Consulates all around the world. That delay alone could mean an extra financial burden, and if one or both countries imposes a lockdown, more hardship is likely to follow. I am usually all for consular processing but this here is a clear case of change in circumstances that would entirely justify AoS.
  9. In Brazil, the presence of the spouse doesn't hold that much weight. Plenty of couples everyday get approved interviewing alone.
  10. As to college courses, you are free to take them but make sure to follow the guidelines for whom is considered a state resident or not - fees for non residents are usually much higher. Last year, as I waited for my EAD I spent most of my time at home working on interior design projects, learning languages, taking care of my dogs. I do wish, though, that I had attended more networking events and connected more with people from my industry because when I finally got my EAD, I didn't get called for any of the jobs I wanted, largely due to the fact I could not provide any references within the United States other than my family. So you might want to consider using some of your time to attend events and make connections to maximize your employability when the time comes.
  11. Never lie. CBP officers are trained to detect when people are uncomfortable and will probe if they suspect anything. Try instead to give short answers, and most importantly, only answer what you're asked. I once had a visa to the United States denied and on my first trip after that, I was worried sick they would give me a hard time. They didn't. Try to put your mind at ease, even though it's a difficult task. The more relaxed you are, the more confidence you will transpire, and that makes a difference.
  12. Then maybe read my post again. I quoted the part I disagreed with, here it is again in case you missed it: "Unless they meet a completely unprofessional biased immigration officer"? Really? So if they get pulled aside for more questions, fail to convince the officer they will not stay, it's because the officer is unprofessional and biased? If what I replied in my post was common sense, yours was not. Simple as that.
  13. Permission to enter the US is never a guarantee unless you are a USC. To claim that only an "unprofessional biased immigration officer" could give them a hard time is an incorrect assumption at best. They have the right to question, take to secondary inspection and refuse entry to anyone that does not overcome the assumption of immigrant intent. Therefore, there is never telling whether someone will be fine or not. Sure, it's no news that certain citizens from certain countries tend to be more scrutinized than others (by definition VWP holders are usually the ones that are grilled less at POE, but still, they might be). They might get asked about relatives in the US, ties to their home country. They might not. No one can tell for sure, but if they do, it's probably not due to the CBP officer being an evil employee.......
  14. File for spousal visa asap. The issue here is entering the country with intention to immigrate when you don't have an immigrant visa. Also, remember: in AoS your wife will not be able to work or to leave the US for several months. What if she needs to go to Canada to deal with urgent family matters? Completely not worth the risk when husband and wife live so close to each other and can visit every weekend. ETA: as to the 90 day rule, it amazes me that people keep bringing it up but fail to realize that what they are doing is planning to wait 90 days to "prove" they were not planning to immigrate. Fraud at its best, and a real shame that lawyers and so many people continue to give this kind of advice.
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