Nat&Amy

Until laws change, there will always be people who abuse their temporary visas. Very few changes in circumstances should allow AoS. The whole plot of coming to visit, "suddenly" deciding to get married and stay should require applicants to return to their home country to do consular processing. How many couples with a valid B visa here could have easily "decided" to get married on one of those visits and skipped all the wait, all the separation? Yet, here we are... People have learnt to game the system; it's time the system ups their game.

Apologies to the mods if any of my posts came across as "badgering the OP". Perhaps I should have worded my responses better.

OP, you ask if Immigration will suspect fraud because of the whole "90 day" thing. No, that's an obsolete notion. Normally, when people using a temporary visa go through PoE, they get asked how long they are planning to stay and why, and those answers are recorded in the system and might or might not get revisited by the AoS officer adjudicating your case.

Obviously, if they detect you misused your visa, they might give you a hard time. Does it happen often? No. Will it happen to you? Impossible to tell. The only thing we can recommend is: don't lie, don't answer with half truths. If that is enough to cause confusion in an internet forum, you bet there are more serious consequences irl.

1 hour ago, Donald120383 said:

I saw a lot of bashing on the forum for a similar situation where @moosers wanted to do the same thing and everyone was against it.

In my first response to OP, I highlighted that entering with a nonimmigrant visa with intent to stay is fraud. And again... This is not even a matter of being "against it". It's the law. Using a nonimmigrant visa to enter the country with immigrant intent is fraud. The OP knows it, I know it, everyone knows it. There is nothing to be confused about, so in all honesty, I don't know what the OP is expecting us to say other than the obvious.

49 minutes ago, Jaypatel8110 said:

 

Yeah, i am still confused but i am on  F-1/OPT and planing to FILE AOS on same status

 

There isn't much to be confused about. What was your plan when you entered the US the last time? Return to India to get married? Get married in the US and return to India? Get married in the US and stay in the US?

Forget the 90 day rule. Main issue here is that you re-entered the country with a non immigrant visa when your plan was to actually stay and adjust status. That's where the fraud resides.

Were you asked any questions at the POE? How did you respond?

31 minutes ago, goursh said:

We'd bring all fiance visa paperwork as the reason for returning back to her home country,

Not a good reason to return. K1s get dropped everyday and we see loads of people doing AoS instead.

What other evidence would she be able to present? What kind of ties does she still have in her home country?

31 minutes ago, goursh said:

if they ask about the baby, explain that we want to have the baby in-country (I'd sign an affidavit or something confirming I am the father). 

Your affidavit would not confirm you are the father, and in all honesty, what Immigration would be concerned with is whether or not your fiancee would have to resort to public benefits for childbirth. 

25 minutes ago, goursh said:

We would be cutting it seriously close to try to obtain the fiance visa in time to come back and have the baby in the States.

I can understand your impatience but when it comes to having the baby in the US, there are many more factors to consider than what the judgement call of a CBP officer. Is your fiance insured, for starters? The cost of childbirth in the US is wicked high even for those WITH insurance. What financial guarantees or arrangements have you made - or would be able to show, if asked - proving you can afford the costs associated with it? 

Financial matters aside, let's look at the "enter the US, have the baby and leave" scenario, as you mentioned. What are the odds of that actually happening? What kind of tie back home would be compelling enough for your fiancee to return home for her interview instead of staying, getting married and choosing to abandon the K1 to adjust status instead?

Things that a CBP officer will certainly take into account... And while no one here has a crystal ball to know for sure whether she would be refused entry or not, it is easy to see the shortcomings of that plan.

21 hours ago, J+J said:

This forum is very quick to say you don't need a lawyer, while knowing nothing of your case. 

Regardless of the case, the thought that a lawyer makes things "easier" is a misconception. That's not how immigration works. Nothing in immigration is ever easy, or fast. If you have obstacles to overcome (previous denials, criminal records, issues with documents), then you will most likely NEED a lawyer for legal advice and instruction, but then again, this is about making the process viable, not "easy".

USCIS doesn't have a specific "line" for people with lawyers;

NVC doesn't have a specific "line" for people with lawyers;

Your process will end in the same pile as anyone else's, and will only move to a different pile if you have a reason to expedite.

Again, having a lawyer per se is NOT what makes the process easier, or faster. It might boost your confidence and make you believe that you are doing everything right (which is not always the case), it might provide you with legal advice if you're in a pickle, but other than that? Hard to see how a lawyer is needed for a K1, really.

If asked at the border about the purpose of the trip, OP must be honest. If asked about "how long are you planning to stay", OP must be honest. If asked about fiance, OP must be honest. And these three honest answers will show immigrant intent. 

OP gets asked no questions, then yeah, there will be no misrepresentation at the border but the matter of a NONIMMIGRANT visa being misused still applies. No one here has a crystal ball to know how, when and if the "intent" might become a problem is OP's immigration future (if admitted to the US), but that's beside the point. The point is: if the intention is to STAY in the US, then the right visa is not a student visa. 

1- The USC spouse is always the primary sponsor, so yes, your husband will need to fill out a i864 even if you have a co-sponsor.

2- The date your K1 expires is immaterial. What matters is your i94. At the end of it's duration, you will be out of status. Filling for AoS will provide you with a NOA1, which is a document that grants you authorized stay and can be presented to authorities when asked.

3- Correct, even though some people send evidence with the AoS application (when they have things worth showing). But yes, all you need for the application is your marriage certificate and the other documents listed in the application.

1 minute ago, Erin86 said:

The reason I got these replies is that people here love to show how much they think they know and that they know better than others.

Please see my original post. I did not ask anything about that. I asked if anyone tried and what was the outcome, no more. 

I understand, and I did read your original post. Replies normally deviate from the central question, and I believe this thread will be locked soon.

It would be wise to prepare docs for an emergency AP if waiting for AP or GC is not viable. I too came to the US on a K1 visa and only realized that I would have been better off with a spousal visa when it was too late... AoS is, as you pointed out, a very inconvenient part of the whole thing, and sadly the restrictions exist because after the i94 expires, we are here without status. Who knows, maybe in the future the process will be revisited, maybe the K1 will be "retired". For now, all we can do is play by the rules 🤷

Happy New Year!

Generally, your passport will be ready for pickup within 3-7 business days. Some people get it faster, some people get it later. Bear in mind that end of year holidays might cause some delays, tho.

Good luck with your immigration journey.

33 minutes ago, geowrian said:

This was mildly concerning because it implies that him holding the passport instead of you makes a difference. Don't even get involved in anything related to child abduction.

This.

For the kid's sake, please try to reason with your ex. In addition to the above, the fact he won't even let you know about the kid's GC arrangements gives me the impression that the idea of "keeping the family together", as suggested by other members, has already sailed, hit an iceberg and sunk. Does not look like a friendly environment for the kid to navigate, not when your ex is so determined to make things hard for you. Weigh your options carefully and choose the one that is legal, safe and that will not harm you in the future (again, read @geowrian above)

6 minutes ago, ineedadisplayname said:

He can use it to get a DL and start working.

 

DMVs in California are notorious for not accepting the stamp and demanding the plastic card to issue DL. Be prepared for quite lengthy and tiring visits to their office.

4 minutes ago, Cg2008 said:

 

I thought once he had his social card he could apply with his passport and visa.

Apply for...? If it is jobs you are talking about, he can apply anytime, but he can only be employed after he receives his EAD or GC, whichever comes first.

As someone from Brazil who was denied a visitor visa the first time I tried to visit, I can only say that if her visa was denied under "insufficient ties to Brazil", chances are slim that she will have a visa approved until her circumstances change.

In addition, from a CO point of view, reapplying shortly after a denial without any change in circumstances might make your friend look desperate to get to the US. I understand she has a dream of visiting New York but sometimes we need to postpone our plans. I know I did and I also know it's no fun, but on the plus side I got to visit other wonderful countries and a few years later got a visa to the US without any issues.

Best of luck to you both.

7 minutes ago, AA1 said:

I am talking about both willing to work on it and save the marriage. 

Nothing wrong with that, I just don't think it is a matter of "keep trying to talk to him" anymore, as you suggested it might be. The OP and the husband have been in therapy for a while and he is still aggressive, still vengeful. There's just so much trying a person can do before putting an end to things, and OP shouldn't feel bad if in the end they really go for the divorce.

Not all divorces are decisions you later regret, each person's experience is unique and we can only hope OP chooses the path that brings her happiness and well-being. 

10 hours ago, AA1 said:

It happened to me and all I know I was very hurt yet even there, I apologized and tried to save our marriage, he was very stubborn and very proud (even if it was his fault, not mine, I tried to reason with him).

I also have a divorce under my belt but looking back, I have no regrets. Not all relationships last and forcing things might just delay even bigger heartbreak later on. Love alone is not enough to save a marriage: both parties need to be willing to work hard, to be honest, and to learn from past mistakes. If the OP is the only one willing to do all that, I don't see how remaining married is the answer.

But then again, the decision to keep trying or not belongs to the OP. Immigration-wise, though, the ball is in the husband's court. If he opts out, then there isn't much for OP to do.

16 minutes ago, geowrian said:

Most likely they either missed it on the x-ray (either due to a mistake or it not being visible) or it's a false positive. Contracting it post-medical and having it show up so soon would be unlikely, unless in close contact with the disease since then.

Either way, that's the past. Verifying the result is the present. If it is TB, then expect months of antibiotics. The good news would be that it was caught before it could become a problem for you and those around you. TB kills.

This. Regardless of the AoS paperwork, make sure to verify the TB results. It could simply be a false positive but health is not something to gamble with.

Good luck with your journey.

1 hour ago, MikeMinusWife said:

So am I missing something here ?  Is it wise to bring an attorney on board even if there are no immediate issues with your application ?

It's a myth. Reason why so many people believe a lawyer is needed in immigration is because they subscribe to the theory that everything related to it takes forever, is tricky and difficult to understand, which might be true when you first read the forms and the USCIS website, for example.

There are, however, multiple tools that one can use to educate themselves and Visajourney is by far the most useful I have seen. The forums and guides will literally give you everything you need, and more, to go over every single step of the process without using an attorney.

What your co-workers don't know (or conveniently forgot to mention), is that hiring a lawyer comes with multiple risks, such as: the attorney you hire might be "living in the past" when it comes to deadlines and procedures, for example, and misinform you in a variety of ways (and you will only notice when it is way too late). Then there is always the chance that the attorney doesn't actually know as much about immigration as they say they do, and their team will commit all kinds of mistakes (be it with advise on what documents to provide, or just gross errors such as filling out forms incorrectly). Finally, they might be late sending your documents or responding to queries. You will find really horrifying stories of people here on VJ who will tell you they regret hiring attorneys for those reasons and more.

So, obviously, everyone is free to hire an attorney if they want to. But to say they speed things up? Nah.

It's an urban legend at best.

1 minute ago, sillymeinUSA said:

The other option I have is to delay the interview with USCIS, this will allow me to work with the EAD card in whatever job (waitress ???) and save some money to return home and pay debts. Is that an option ....?

Delaying your interview might not help you much if your spouse withdraws his i864. If that happens, your AoS is dead, with or without an interview.

From what you have reported, he is unlikely to cooperate, but have you even talked to him about what his role will be in the AoS process? Be aware that if you choose to file with an abuse waiver, the burden will be on you to prove bonafide marriage AND abuse. For that, you will need reports from specialists and very strong evidence. You mentioned he was violent, did he ever assault you? Do you have police reports? Evidence of his threats? 

Emotional abuse and marital disagreements are not the same thing, so be very mindful of your next steps. 

2 hours ago, Travellerlove said:

Is this sarcasm? Because quite frankly, im losing my cool, i tried to be polite and as calm as possible and people actually  come here to seek help not to get humiliated and so on. I find it quite amusing that some people here are extremely rude. I am new here and i honestly had no idea i shouldn't post in bold letters. I thanked and thank nice people who responded/respond nicely and i honestly dont have patience with inconsiderate and insensitive  people and bullies. This forum  is not as helpful as i thought it would be. 👌

I am sorry for the hostility, some things in VJ blow my mind sometimes. 🙄🙄🙄 

I do not have the answer to your questions but maybe @geowrian can shed some light here?