KeratNY

6 minutes ago, Boiler said:

Ask a Lawyer what?

Ask a lawyer how one can get past an 18 year old fine for small amount of marijuana. It is very doable. But he got denied. So a lawyer can help. 

I'm not sure about the actual process of applying for a visa. However, if you were to get one, here is my advice for getting through a US port of entry. Have a certified copy of the arrest/police report and a certified court disposition. Because it was so long ago and you served less than 6 months of jail time (no time is less than 6 months), this should not be an issue entering the country. But they will want to see those things.

I also struggle to believe a fine for small amount of marijuana 18 years ago will be prohibitive to enter the country. I've seen people admitted with far more serious issues. 

I recommend asking a lawyer for this...a forum isn't good enough. It's worth the $100 or $200 to get a good definitive answer. 

3 hours ago, mushroomspore said:

When I was a student and had F1 status, our international adviser told us to absolutely NEVER EVER go into the "US citizen" line at airports. Apparently, a few students from my school did a few years ago and they got into so much trouble. They were sent back to their home country. I can't remember how long they had to wait, but they were allowed to return at some point (I think it was the following semester).

 

Actually, thinking about this a little more and it can't be right. The line is a combined US Citizen/Permanent Resident line, so no one would ever accuse someone of seeking to be a US citizen in a combined line. Your larger point, though, about the risk of appearances, is noted

47 minutes ago, nikkiprs said:

Entered via Lax twice and Seattle tacoma once with my USC husband all in Us citizen lane and im a b1/b2 visit visa only. Never had problems. I dont know how it will be with AP status

No one ever gave you problems as a Visitor in the US Citizen/Permanent Resident line? That's nice to hear

2 minutes ago, payxibka said:

Pre APC

What is APC?

2 hours ago, mushroomspore said:

When I was a student and had F1 status, our international adviser told us to absolutely NEVER EVER go into the "US citizen" line at airports. Apparently, a few students from my school did a few years ago and they got into so much trouble. They were sent back to their home country. I can't remember how long they had to wait, but they were allowed to return at some point (I think it was the following semester).

 

Obviously your situation is slightly different because you're in AoS. F1 student visas are non-immigrant. However, even for permanent residents, it is CRUCIAL none of us ever accidentally OR intentionally declare ourselves as US citizens. Some people in this thread have already stated that they've gone through the US citizens line with their spouses and it wasn't a big deal. I personally would make my husband go through the other/visas line with me because I'm very paranoid. So really, YMMV.

I hear ya. Getting in that line is a far cry from stating youre a US Citizen. Its just a line. No documentation or statements would ever make it seem like i'm a USC. But for me the risk is that an ####### IO interprets it in that way, which would be ridiculous but is not out of the realm of possibility. 

3 hours ago, TNJ17 said:

You can’t go through USC line because you’re not one. You’re traveling as a family so you’re seeing together but you go through the “other” line.

Then how do you explain several others on this thread accompanying their spouse in the USC line?

46 minutes ago, mindthegap said:

Yes, with the CR-1, and also as a non-immigrant when travelling with my USC spouse for the reason that as you are married it is one customs form per family (https://help.cbp.gov/app/answers/detail/a_id/441/~/travelers-eligible-to-file-a-joint-or-family-declaration-on-a-cbp-form-6059b) you can't share the customs form (which gets stamped by the immigration officer) if in different lines.   

If the customs form isn't stamped by the immigration officer, you will have major issues at the customs exit check. Ask me how I know this!

 

Your spouse can use the USC line, therefore you accompany her. You are way over thinking this.

 

I do love to overthink things! But, seriously, you're the only one here saying to both go in the USC line. Majority opinion seems to say both go into the "other" line. Not going to go in different lines. So I think it's a fair question. So, it gives me comfort that you have been in the USC line before permanent residency.

48 minutes ago, RLA said:

I think CBP might not allow that.  The officers at the USC/LPR/ESTA line might not have the training to handle more complex subjects such as visas, AP, or re-entry permits. 

I'm fine with the training aspect, as I am 100% sure we will directed to secondary anyway. I just don't want them to get mad at me! 

4 minutes ago, RJandHamid said:

We were directed to go through the 'other' line because the USC line at our airport (ORD) is only for USC, green card holders, or those with ESTA. The USC line at this airport (not sure if all airports are like this) also has the automated passport kiosks where you scan your passport and it takes your photo, and I don't think he would have been able to use that machine. Honestly, the line that we waited in wasn't really that long. There were maybe 15 people ahead of us on a Sunday afternoon. The longest part was waiting in the 2nd waiting room after, and even that wasn't too bad as we weren't really questioned, just made to wait as they reviewed the documents. 

Makes sense. Sometimes the "other" line can be 3 hours long while the USC line is 15 minutes long. That's what I dread honestly. In that case it's gonna be so hard to not just go to the USC line with my USC wife. 

4 minutes ago, RJandHamid said:

My husband and I just returned last week from a trip abroad (he is the beneficiary, I am the USC). I went with him through the visitor/'other' visa line. I'm glad I did too, because we were pulled aside and had to wait about 30 additional minutes as they checked his passport and AP documents just to make sure everything was ok. If we had gone in separate lines, I would have lost him and had to wait for him not knowing where he was (no phones were allowed in the 2nd waiting area where they checked his documents).

 

Regardless of which line you choose, I think it's important to stay together in the event that you face any additional questioning, especially if it's your first time traveling with AP.

Thanks that's helpful. I agree, our priority is to stay together, especially since we are a married couple and it defies common sense that we should be in different lines. We don't want the stress of her waiting for me and not knowing what is happening. 2nd, I assume I will face less pressure/questioning when I an with my USC wife. 

Why did you not both go through the USC line though?

5 hours ago, x_driven_x said:

I think you both should go to the 'other/visitor' line and then walk up to the booth as a couple, based on previous threads I've read.

Why not the USC line? Seems mean/weird to force her into a longer line than she would otherwise be in on her own. 

4 hours ago, SusieQQQ said:

There are always officials around to guide people into the correct lines, just ask ...they may put you into a faster line than you expect.

 

I don't trust them, I think they'll make it up on the spot 

5 hours ago, RLA said:

The 2nd time was in Baltimore, and that officer recommended that next time we both go to the visa line together.  That‘s what we‘ll do in the future. 

Which line though? USC or "other/visitor"?

1 hour ago, mindthegap said:

You are required to have one customs form per family - therefore you should go to a desk together.

Accompany her to the US citizen line.

 

3 replies,  3 different answers! My lawyer told me I should not go to the US Citizen line "for obvious reasons" which I interpret as "not trying to pretend I'm a USC." Can't tell if he's just being overly conservative though. Do you have experience as a intending immigrant in the USC line?

Maybe no delay. Maybe an RFE. Maybe longer processing time. Do you really want to find out? Go to www.ssa.gov and be resourceful!

Hello, I have my EAD/AP and am waiting for my green card through my US citizen wife. We are taking a vacation and coming back through JFK airport together. Has anyone traveled in this circumstance (one spouse is USC and other spouse is pending)? If so, at the PoE/airport in the US on the way back, should:

1) we both go to the US Citizen line and approach immigration together (advantage: line is shorter/quicker and we are together)

2) she go to US Citizen line and I go to "other/visitor" line and we approach immigration separately (advantage: we are both in the "correct" line); or

3) we both go the "other/visitor" line and approach immigration together (advantage: I am not in the US Citizen line thereby avoiding the appearance of seeking to be treated as a US Citizen, and we are together)

This is for JFK if that makes a difference (it shouldn't). Any thoughts or has anyone done this?

Note: i will be bringing my NOAs and marriage certificate as well as the EAD/GC so not worried about the documents I need. 

1 minute ago, geowrian said:

If the vehicle was a business expense, it can be deducted as such. The drawback is it does impact one's AGI, which is what they will look at for I-864/public charge purposes of a self-employed individual.

For instance, if somebody spends $50k in business expenses and the business brings in $60k in revenue, their income is only $10k not the $60k in revenue. One cannot reasonably claim that they both used that money to operate a business and that it is available for their own purposes (or to support an individual).

 

I did say pre-deduction, but I respect the more nuanced and thorough answer you provided vs mine

2 minutes ago, delpers said:

I didn't obtain fiancee visa. as I mentioned, he withdrew the case even before the interview. so I didn't go to interview. 

I thought you went to fiancee interview and were referring to the interview to obtain a green card once you entered the US and married and filed I-485. Ok then no it shouldn't affect it, especially with the 8 year gap which would seem to prove you don't have immigrant intent. 

Purchase of a vehicle should not affect a person's income (pre-deduction). You should provide all three anyway. Also 21k is not enough to sponsor a fiancee/spouse so I am not sure it is enough to sponsor a student but it could be

It shouldn't affect it at all, except in the highly unusual circumstance where they have some sort of proof the fiancee visa was obtained by fraud or you lied on the application. Did you overstay that visa?

Surprised no one mentioned the re-entry permit (or maybe I missed it). That's what it's there for. That will enable you to leave for an extended period of time and not endanger your green card. 

18 hours ago, TexaninTaiwan said:

Hi, 

I am an American. My wife is French. We got married in South Korea 11 years ago. 

Right when we got married, she applied for and received conditional permanent residency. 2 years later, the conditions were removed. 

7 years ago, we moved to Taiwan for a short trip that turned into a long trip. We are still here now. We have 2 kids, both with US citizenship and passports. She has officially abandoned residency.

We want to move back to the US next spring. We are filling out the I-130. It asks for my wife's social security number. 

She doesn't have it or remember it. It's gone. 

To get a new SSN card, we have to show proof of her legal status as a resident, which she no longer has. So we need the SSN to apply for residency, but we don't have the SSN and we need residency to recover the SSN. 

How do we move forward? 

Actually this is an issue so don't follow people who say "no problem." A social security # stays with one FOR LIFE, regardless of losing residency. Not knowing it or remembering it is not a good reason for leaving it blank and causing delays or issues. You cannot and should not request a new SS #. 

In short you need to track the number down. Find any document you may have submitted that would have it. Tax returns, opening bank accounts or a cell phone, applying for a credit card or apartment lease or driver's license for instance. If you're really stuck, contact the social security administration online and figure it out. Be resourceful now or pay the price in the form of a delay later. 

23 minutes ago, geowrian said:

The OP's spouse already has a tourist visa. There's a massive difference between obtaining a tourist after filing the I-130 and using an existing one after filing the I-130. Usually the latter is no issue, as many, many now-immigrants can attest to.

 

It's highly unlikely, but not impossible. Once an NTA is issued for the removal proceedings, you can no longer file an I-485 with USCIS (they no longer have jurisdiction) and gain the authorized stay from it. One would need to do a CoR first, then file the I-485.

 

It won't impact the I-485 as an IR of a USC, but that also doesn't necessarily mean it won't matter (i.e. in case they change their mind before AOS filing and want to do the CR-1 visa but still visit in the meantime).

 

Outright incorrect. Using an existing, valid B-2 while waiting for the process to go through is perfectly allowable and many people do so every day.

Obtaining a tourist visa after the I-130 is filed is very difficult to show non-immigrant intent, but it not prohibited and some very lucky people have had success. One is allowed to want to immigrant eventually and still not have immigrant intent when entering on a tourist visa. This is most commonly the case in family preference-based immigration where there are years of waiting for the PD to become current first, but is not strictly limited to that.

Hold on hold on. Ok so this woman from the Philippines (high fraud country)  who has married a USC and demonstrated immigrant intent both through her petition and 6 months in the country, can leave the US and waltz back into the country no problem because she has an existing B2? So the IO either doesnt know he's supposed to deny non immigrant visas with immigrant intent, or he's stupid and can't figure it out, or he doesn't care or what? 

5 hours ago, A&H2018 said:

Lot of people from Canada have L1/H1B/TN visas and then start the AOS process, starting the AOS process does not kill their L1/H1B/TN visas nor why should it they dual intent visas. Same with a visitor visa if you have a plane ticket back why would the IO refuse you access?

Those are dual intent. Not relevant to this thread. They are cracking down on those using non immigrant visas to immigrate. 

You probably need your birth certificate too, or evidence of naturalization. They stopped accepting US passport as proof of citizenship (passports are State Department not USCIS)