Teemo

7 minutes ago, bivanu333 said:

Nice to see lot of good info and friendly debate here.

Anyone having any recent travel experience with AP to share ? as it has been few months since the last post.

Any new question/scrutiny or change in procedure ?

I am planning to travel but still not able to weigh in the risk.

It's exactly the same. Matter of Arabally still settled case law. 99% chance you'll be completely fine. 1% chance you pose some security risk or your application gets denied while you are gone.

1 hour ago, missileman said:

You either follow the law or you don't.  If you choose not to follow the law, you take a risk of a fine, 30 days in jail,  and a great deal of unneeded hassle.......It's your call....

I can tell you many things, in immigration law, or otherwise, where what is on the books is not what is happening in real life. Yea, if people are getting 30 days in jail for the sole reason that they are not having their GC, then yea we should all carry our GCs. My point is, IDK if that is actually happening or not. There's a reason there is a concept of "case law" vs. "on the books law."  Between my valid driver's license and EAD where the expiration date is beyond today's date, I don't think I'll get 30 days in jail if someone asks for proof of being here legally. If I learn otherwise, then I am wrong and will carry my GC always. Pointing to something that may never be enforced (which is an open question) isn't making the point you think it is. 

17 minutes ago, Pitaya said:

Typically the federal officers/agents of ICE and CBP are the main LEOs that can ask to see your GC if you are a LPR. Local LEOs don't usually bother with INA enforcement. The prez has signed an executive order directing ICE and CBP agents to start an "enhanced enforcement program." It has been known for some time that CBP has been operating mobile checkpoints in states near our southern border. Recently ICE agents were raiding egg farms in Minnesota for illegal or undocumented aliens. So there are federal immigration agents roaming our northern and southern borders. You can also run into ICE and CBP agents at the nation's domestic airports on the look-out for undocumented or illegal aliens. You may be lucky and never run into them. However, if you do, and if you do not have proper documentation, you could be detained until you are able to have a hearing before an immigration law judge. So, do you feel lucky, or live in a "sanctuary" area? You can do a Google search to find out about sanctuary cities and counties.

 

YMMV

You're not wrong, but you're making it seem more likely than it is, outside of border towns and states. I've lived in the US for 19 years now and taken dozens of domestic flights, with zero people asking me for my papers outside of my jobs on my first day, and international customs. My office building is not likely to be raided. At the same time, yes, checkpoints do exist. I wouldn't call it "lucky." It's just unlikely outside of border states like Texas, Arizona, border cities like San Diego etc.  Lastly, I carry around my driver's license and my EAD, neither of which are past the expiration date listed on the card, so I think I'll be fine in my situation. 

3 minutes ago, payxibka said:

We ran into a mobile CBP checkpoint and was sure thankful that my ex had her GC on her 

Fair enough. Where was the checkpoint?

2 hours ago, missileman said:

https://www.nolo.com/legal-encyclopedia/do-i-really-need-carry-green-card-me.html

 

"If you are 18 or older, you do have to carry your green card with you. Section 264(e) of the Immigration and Nationality Act (I.N.A.) requires all lawful permanent residents (LPRs) to have “at all times” official evidence of LPR status."

I wonder if this is actually enforced though. There's the law according to the books and then there's what actually happens day in and day out. I wonder if those are the same here. I don't bring my green card, but my EAD still has not expired (although now obviously invalid) so I take that in my wallet instead. Avoids the risk of losing my green card, but still shows some evidence of status in case I am ever asked.

Fact 1: Working without an EAD is unauthorized employment. Fact 2: unauthorized employment is forgiven when AOSing with a US Citizen spouse. Not my words, not a loophole, but express law from Congress.

Anyone who has a problem with Fact 2 should take it up with Congress, not me. 

I've posted about it a lot. Lawyers and others conflate denial on advance parole with denial for other reasons. It's really rare. I myself was a long overstay and used advance parole 7x in 9 months, and had no issue each time. I did a lot of research and reading of anecdotal stories and was confident. You should be too. 

On 10/13/2019 at 4:27 PM, Lotts said:

I should have read the signs and listened to people from day 1.

What were the signs? What were other people telling you from day 1? Maybe other people could learn from this. Tbh I see a lot of red flags on this forum, usually accompanied by "But I love him and just HAVE to be with him!"  Maybe this will help show people that love doesn't always win and to have your wits about you.

I had my interview recently, was approved 3 days later, and got the green card 6 days after that

I was a visa overstay and used my Advance Parole 7 seperate times with no issue. Had to go to secondary processing each time but was routine and all but one time were short waits. 

It depends on the airport and how they've decided to arrange the lines that day. Your default should be the line for non-Canadian visitors. 

19 minutes ago, geowrian said:

It would be against this website's TOS to advise or condone continuing illegal immigration activities.

Correct. But not to tell you the express law

11 hours ago, geowrian said:

Unauthorized employment is not a bar to AOS as the spouse of a US Citizen.

15 minutes ago, speedsteryou said:

What do you suggest she does? 

11 hours ago, geowrian said:

Unauthorized employment is not a bar to AOS as the spouse of a US Citizen.

 

40 minutes ago, Hank_ said:

Whereas I think -   " Check the Canadian embassy website for the Philippines as to requirements.  "   is a good answer .. the embassy is the place to start, they will get the "fact answers" in short order once they apply.

 

How difficult would it be?   Don't know.   Getting a tourist visa to the USA from the Philippines (even without a pending visa petition)  is near impossible.      All they can do is apply .. thus the Canadian Embassy website suggestion.

 

It isn't like a USC going to Canada.

 

 

But the question he is looking for is "how difficult is it for a Phillipines citizen who has a pending immigrant visa in US to visit Canada"? I'm going to go out on a limb and say that that specific answer is not there.  Btw, once again you say " Getting a tourist visa to the USA from the Philippines" which again does not acknowledge the correct question OP is asking. He is asking about tourist visa to Canada. 

3 hours ago, Hank_ said:

 

 

I would almost think Canada would be as difficult as the USA in regards to the tourist visa.    Check the Canadian embassy website for the Philippines as to requirements.

I don't know the answer to OP's question, but I know the answer is not this. It's fairly hard to come to the US on a non-immigrant visa when you have already declared immigrant intent, especially in OP's exact situation (it can be easier if the B2 is already procured). There is no such issue with applying for a Canadian visitor visa since no immigrant intent was declared there. So it will be easier. Now, 5% or 50% easier? I don't know. Probably meaningfully easier. So it's worth a shot. 

Wow. Stressful.  I traveled 7x with advance parole with no issue. 

4 hours ago, geowrian said:

No issue meeting in Canada (or anywhere) during the process. Good luck.

I think his issue is being misunderstood. He's not asking if the US cares. He's asking if it is relatively easy to meet in Canada even though his fiance has a pending immigrant visa to the country to its south, and whether other people have done it. In other words, Canada might care because they may think she might overstay her Canadian visa to be closer to her husband. That is OP's question. 

12 hours ago, msrodriguez said:

Also.. I'm TERRIFIED of doing anything wrong this time 

What did you do wrong last time?

3 minutes ago, Maddy R. said:

It was a 202 area code and possibly a wireless number.  The voicemail was on the phone number I provided in a request to my senator.  She knew my full name and said she was calling about an immigration matter and to call back as soon as possible.  She provided her full name and when I did a reserve lookup on the number the full name provided matched the name associated with the phone number.  It's been two days (not counting holiday and weekend) and I cannot get ahold of her and she hasn't called back.

Ok well knowing your full name is nothing (the scam IRS call had my full name and an old but correct address of mine) but this could be real. But odd its a wireless number and you don't get someone or an automated answer when you call back. Let us know what happens. 

Possibly a fake. Especially if express a sense of urgency and start threatening with deportation, police officers to your house etc.  I got fake IRS and FBI calls, maybe they added USCIS to the mix and they coincidentally got someone in the midst of a process with them. What's the phone number you are trying to call?

On 8/31/2019 at 11:08 PM, Linda91 said:

Can I somehow describe my situation on the last page with free space for explanations? Or should i just leave without an explanation? It doesn't really give me an "option" to explain myself, like it does with few of the other questions. 

No need. They have a lot of experience with overstays. Overstays are forgiven in your situation. Nothing you say will help here. 

On 8/29/2019 at 4:03 PM, Bettie Page said:

Since most airports in the US don't have passport control on departure (which you mention your friend didn't) it's highly unlikely they have a record of her overstaying.

 

Are you afraid this will affect you? I can't see how it would.

Very wrong. They know when you left and know when you have overstayed. 

32 minutes ago, Duke & Marie said:

Ouch... just a little judgemental don’t you think?

 

there are plenty of bona fide relationships that are light on evidence... making your response totally uncalled for and extremely cold..

 

All of the points mentioned in the letter from USCIS apply to my case also, does that make my marriage BS too?

 

Family must actually attend the wedding???? Seriously? My husbands family lives in the US... mine lives in the UK and I live in Australia where we got married does that mean our marriage is BS? 

 

 

What do you think USCIS is doing if not doing judging if your relationship is real? OP wasn't "light on evidence" he had no real evidence, including what is obviously a fake lease (no signatures and its in the US where beneficiary doesn't live). Yes, green card weddings deserve judgement, both here and by USCIS. 

32 minutes ago, Duke & Marie said:

Ouch... just a little judgemental don’t you think?

 

there are plenty of bona fide relationships that are light on evidence... making your response totally uncalled for and extremely cold..

 

All of the points mentioned in the letter from USCIS apply to my case also, does that make my marriage BS too?

 

Family must actually attend the wedding???? Seriously? My husbands family lives in the US... mine lives in the UK and I live in Australia where we got married does that mean our marriage is BS? 

 

 

What do you think USCIS is doing if not doing judging if your relationship is real? OP wasn't "light on evidence" he had no real evidence, including what is obviously a fake lease (no signatures and its in the US where beneficiary doesn't live). Yes, green card weddings deserve judgement, both here and by USCIS. 

All you need is your passport and the document that allows you to reenter -  green card in your case. Not sure what your wife has but same applies to her.