KeratNY

3 hours ago, azmarkd said:

Just repeating what my congressmen aid told me. I found it strange also.

He's wrong. Most Americans don't know much about their own immigration law tbh. Again, this is a basic and well-established fact. Don't go around spreading "fake news" please

2 minutes ago, azmarkd said:

US citizens are NOT guaranteed entry to the US

Of course they are. This is incredibly basic. They may take a USC straight to jail if they are a threat to national security or whatever but they are guaranteed entry. Common sense, where would they get deported to?

2 minutes ago, azblk said:

I think you are digressing from the OP's question. Having a child or children with your partner can be part of the evidence just like all the other evidence provided. The reason  it gets discounted is people tend to think its pretty strong evidence and can stand on its own - which is not the case.

agreed. nothing should stand on its own. but its one of the more convincing pieces, along with a shared lease, shared vacations, etc

1 minute ago, Unidentified said:

You should search the forum. This isn't new. God has nothing to do with it. People have babies all the time.

Yes, couples have babies all the time. Because that is what real couples do. You know what fake couples don't do? Have babies! 

2 minutes ago, azblk said:

That makes a lot of sense but the USCIS is not known for having common sense.

Well I can't speak to common sense, but showing a child's birth certificate listing the couple as mother and father, and photos of that child with you and your family are very standard and common bona fides presented and accepted in an interview

4 minutes ago, Unidentified said:

Nope. Just means two people had sex.

Haha I don't even know what to do with this. A couple having sex and raising a child together is pretty strong proof it is not a SHAM marriage. A baby is fairly convincing proof a marriage was not entered into SOLELY to gain an immigration benefit, since the child is a benefit of the marriage too. If you don't see that then even God can't help you. Good luck to you

7 hours ago, Nevad@ said:

Thank you. That's fairly short, considering K-1 requires to get married within the first 3 months, so not that someone should be in a rush to leave the country that early. But I understand, when there is an emergency it's out of one's control. 

 

Just to be clear, it's 4 months from when you file adjustment of status

5 hours ago, Unidentified said:

Babies are not a sign of bona fide marriage when it comes to immigration. 

they definitely are...

3 minutes ago, geowrian said:

I reread it as well as the rest of this thread and it seems that I understood it correctly. Your comparison to H-1B entrants is apples and oranges. H-1B visa holders can 1) exit the US without abandoning AOS and without AP, and 2) enter the US with intent to immigrate. F-1 holders can do neither of these activities.

 

They can leave the US fine. They can re-enter fine. They cannot leave the US after filing for AOS (and without AP) without abandoning their AOS application and likely needing a new visa to re-enter. They also cannot re-enter the US with intent to file for AOS. Upon each entry, an F-1 holder must have intent to return home. Whether that is the first entry, 10th entry, entry after getting married, etc. isn't the determining factor.

Geowrian usually (always) knows what he's talking about.  OP I'd take this last answer as the right answer unless you get an attorney's opinion (which you should for something so big). Definitely don't leave without significant assurance you are not abandoning application

2 hours ago, geowrian said:

Yes, you probably would be denied entry due to immigrant intent (since you had filed an AOS application).

Additionally, your existing AOS application would be deemed abandoned automatically.

Furthermore, it would be fraud to enter the US on F-1 status with intent to AOS. It's fine if you are already in the US to change your mind and want to stay, but it is not allowed when you enter the US on F-1 status.

I'm not sure about this. So every student that is in valid status, attending school, married to a USC, can't AoS and leave the country while it is processing? He is not an overstay, he did not use an F1 simply to enter and immigrate, he used the F-1 for its intended purpose of studying, and he intends to enter the country on his F1 that is valid and is being used for its intended purpose. 

You might be right that it will be considered abandoned if he leaves before AP though. 

Overall your answer makes the most sense if he entered on F1 but it was no longer valid or being used or he overstayed. None of those are true

The purpose of the I-693 is to make sure you are not a threat to public safety or have health issues that could result in your being a public charge. Both can be determined even if you are pregnant. Advice about about MMR etc is good. Good luck!

An employment letter should show how much he is making and how often (ie $2,000 every 2 weeks). Then the bank account statements (provide the last 6) should show this exact deposit. That should be enough. 

On 1/26/2018 at 6:56 PM, Emmkin said:

I was married for 5 years and got my citizenship through my ex-wife. Everything was perfect in our marriage until sometimes in late 2015 (2.5 years after we got married) when I discovered that my wife had fibroid which she has been keeping from me, this explains why we never had a child together - apparently, I was fooled since we talked about all our health conditions during courtship and that single one was never mentioned to me. We have always had issues with finances, lies and many others that I’d always let go but this one really got to me.

Anyways, I got to know about the fibroid when we had to go to the ER because she complained of stomach pain. The fibroid was operated on and everything was fine between the both of us after her step mom counselled the both of us and appealed to me. So, we decided to try again to see if we can have kids but my ex said she doesn't want kids any longer - I received the shock of my life that day. Our pastor in church and close relatives including family members had to wade in but she didn't change her mind.

To be honest, our relationship started going south right from then. I wasn't happy I was deceived and that my ex would now change to tell me she doesn't want kids again. We got into a big argument and she moved out of the house to go live with her step mom for 2 months (the step mom lives 4hrs from where we lived). During this period, I met my new soon to be wife at one of the functions I attended in town. She was a graduate student in one of the universities in New Jersey and was new in town for her internship with one of the local companies here in California. We clicked so well because we speak the same language and from the same country. I offered to show her around and we soon became very good friends.

 

To cut the long story short, I had an extra-marital affair (I am not proud of this) with my new friend (now soon to be wife). My ex moved back home because her step mom wasn’t going to let her stay with her any longer. And I confessed to my ex-wife about what I did while she was away. I begged her and promised not to repeat such again. I was forgiven and we moved on. Two months later, my soon to be wife told me she was pregnant. I was somehow shocked, happy and at the same time sad. I was happy because I can finally become a father.  I was sad because I cheated on my ex-wife. I had to tell her about the pregnancy and for some reason she was fine with it after much pleadings. Problem started few months after when the baby was born. She wasn’t happy that I was at the hospital when my soon to be wife delivered the baby. She wasn’t also happy that I get to go see my son often. We got into a big fight because of this and many other things. We decided to divorce since it wasn’t working out again. To be honest, we both were tired. My divorce was final sometimes in 2017 (exactly 14 months after I became a citizen).

Frankly, I’d promised myself not to get married again and just have kids. But it’s been 11 months since my divorce and I am now so close to my baby’s mama that I am now considering getting married again. Ever since we got close, I have become a very happy man once again and the child that we had together has even brought us even closer. She is contemplating going for a PhD to stay in status but I have made up my mind to get married to her and file a green card for her (since she was here on a F-1 and now on OPT) so she can stay here with me and start a beautiful family together.  

Will it be an issue with USCIS that I became a citizen through marriage and now filing for my soon to be wife a year after divorce and roughly 2 years after I got my citizenship? I have every proof to show that my initial marriage was in good faith and documents to show my situation. I will appreciate sincere advice.

 

Thanks.

 

N:B - This is just a summary of little of all that happened when I was married. I could write a book if given a chance. 

Far, far too much detail given in this story. Anyway yes I echo others that you will be fine. The length of your first marriage and the fact you have a baby with the 2nd one are strong bona fides

I just went through this. I checked "yes" to unauthorized employment (you have to be honest), and my description was simply "I had to work to survive." No problem. You should not include your own tax return that has no positive impact on your application UNLESS you have 10 years of US tax statements to show

5 minutes ago, lngtimecoming said:

I'm a full time student (graduating in December) would a letter from the school that I am enrolled and due back to class on a certain date help? I also have a part time job that I have been employed at for 15 years, I'm assuming a letter with my next shift listed after vacation along with my job title and years of employment would be helpful?  I don't have a lease for my apartment but I have lived here for years and have utility bills in my name with my address...any other suggestions for proof would be appreciated!

https://www.us-immigration.com/blog/how-to-show-ties-to-home-country-during-a-visa-interview/

You will get a combo card..ie an employment authorization card that also serves as your advance parole (will say that in the bottom right of the card, assuming it was granted). For some reason the online portal just updates them at different times

6 hours ago, Sarah&Facundo said:

On a related note, do you need to submit a form when using AP to state you plan on using it? Or is it a document allowing you to just come and go as you please (within reason, of course). My husband seems to think he needs to "apply" when he leaves. From what I read, I think he just shows it to the CO when he re-enters and it will allow him through. He submitted the documents for AOS/AP/EAD in April and we hope to travel to his country for Christmas.

You do not need to submit a form saying you are using it. You just need it to re-enter the country (and to show to carrier that you are admissible to US)

It recently took me 4 months to get my AP and others on this forum are reporting similar amount of time for the most part. 

You have to apply for asylum within one year of entering the US. So that's out. And it is hard to prove anyway.

It is totally reasonable CBP would know about an upaid hospital bill that was paid for using public funds. 

There is nothing sketchy about this story. It's a tough situation. What is the husband's status in the country? 

Be prepared to prove strong ties to Canada so they do not suspect you are coming and then adjusting from inside the US. Otherwise yes you have to be honest but you do not have to volunteer the marriage unless asked. People do elope to the US all the time.

2 hours ago, nabeel24 said:

I have a feeling USCIS won't fix this

Unfortunately, I think there is nothing to fix since I believe they are correct in their assessment that they erred by giving you a green card. Your age is not the issue (your PD was before 21), it is the married part since "unmarried child" is the requirement. I also believe you need a lawyer. I believe the guy I used is the best family based visa guy in the business so PM me if you want his info. Lastly, I hope your spouse is a USC as that may be your only/best recourse. 

5 minutes ago, Going through said:

Would seem easy to pull it up by entering in her name and DOB.

Yes you're right, everything about the government and this process is easy. Silly me

2 minutes ago, Lemonslice said:

Stop with the fear mongering.

 

They'll find her SSN soon enough while gathering tax documents, but there will not be any delay for writing unknown. 

you call it fearmongering, I call it being prepared. It defies belief that one would open themselves to uncertainty when a bit of resourcefulness now can eliminate that. I don't think adding steps and complexity to your case is a good idea, and I certainly think it will take a case officer more than just a few minutes to pull up an SS#. An SS# is how they pull up all your other info, not the other way round. 

3 hours ago, mindthegap said:

Your status doesn't really matter here - as you are accompanying your USC spouse. As I pointed out previously, if you are correctly using a single customs form per family - then you are required to accompany her. She can use the USC line, so therefore you go with her. 

Based on my many own experiences doing exactly this when travelling as a non-immigrant, when activating the CR-1, and also after becoming a PR and  in places where there were separate LPR/USC lines, you will have zero problems accompanying your spouse in the USC line.

 

APC kiosks are not mandatory either, you do not have to go to them, and can still go to a desk with a human. 

This is helpful, thanks. 

3 hours ago, payxibka said:

You cannot go through the USC line as you are not eligible to use the kiosks

 

APC kiosks can be utilized by U.S. citizens, U.S. legal permanent residents, Canadian citizens, travelers utilizing ESTA (Visa Waiver Program), and travelers entering with a B1/B2 or D visa.

 

You are none of the above

Actually I am a Canadian citizen lol. But a longtime B2 overstay applying for AoS so not sure what that means

5 minutes ago, Daisy.Chain said:

We (USC and conditional PR spouse) were not allowed to use the USC line, which was about 15 min. Instead we were obliged to spend 6 hours in Miami waiting in another line. No restroom was available or food was allowed to be purchased, and no chairs.

 

That visit is the reason we got global express cards, though I've heard that after ROC they don't work until you get the new green card.

This is exactly what I'm afraid of, and why comments like "it won't kill you to wait in a longer line" (@dianeandchris) or "you're overthinking this" (@mindthegap) are misguided. It would put my USC wife under immense stress to wait for hours in a line followed by hours in secondary processing, and I want to do everything I can to avoid this, and US Citizen/PR lines tend to be much shorter/faster.