Singers

I would spend the $100 to get an initial consult with an attorney.

As far as I can tell (and I am no expert!) he cannot adjust status in the US. He will have to go home and then file for the correct visa. As long as he does not accumulate over 180 days, he will not need a waiver but he must be HONEST about his overstay at interview.

I can completely understand about wanting to stay for the baby (I'm a new mom myself!) so the faster they can get an answer to their conundrum the better.

The first thing you need to do is file for the last 3 years... It won't hurt your chances but they will require either tax transcripts or proof you didn't need to file. RFE's for tax information is very common and they won't be able to get past it until they have the necessary information.

USCIS is not interested in your tax situation so if you do have penalties that is between you and the IRS. It won't hurt your adjustment of status.

To help with the ambiguity:

ANYBODY can file an I-130. No matter what your situation is, the family visa process starts with the I-130.

Only eligible people can file the I-485. Someone on a crewmen's visa is not one of them. People that come here on VWP or other visas are one of the exceptions listed on the form. It specifically excludes crewmen.

A ban for overstay only occurs after 180 days of accumulated overstay and then it is a 3 year ban. (The ban is a tricky situation depending upon length of stay, when and if you have left and re-entered the country etc.) Overstays are forgiven at interview (through marriage of USC) ONLY if you have not left the country and re-entered after you accumulated overstay. If you leave then you will need to file a waiver.

It is a good idea to mention your big wedding at the interview... many, many, many, people have a civil ceremony and then have their "real" wedding later... The officer will understand. It will not hurt you in any way.. quite the opposite really.

It is great that you have all these plans but you really should concentrate on the financial aspects.

I didn't say she wouldn't be let in. I just said she would be stopped for questioning, like how long are planning to stay and proof of ties... normally VWP do not need to show ties...

Applicants are ineligible under section 221(g) because the applicant failed to bring some information or document, or some further procedure or review by the consulate or another U.S. government agency must be completed.

Basically they are telling you two things. One, she didnt bring the necessary documentation to show her divorce is finalized. Two, they will then have to review her case again (with the new "evidence") and then you will hopefully get the visa.

Did they say anything else to her? in regards to why she didn't receive her visa?

Ummm.. under VWP she doesn't need a visa... so the American Embassy (in London) doesn't have to give her anything.

Where are you in the K-1 process? Have you already submitted your paperwork? If so, she will most likely be stopped. If not, chances are she won't be questioned and won't have to prove anything.

Strong ties would include note from her employer(stating she's on hols and is expected back on X day), household deed, proof she's attending Uni, car deed...

oh, and a return ticket... heehee.

I just finished taking the LSAT today... 5 hours of sitting in a lousy little auditorium desk/chair. I have no idea how I did but I'm thinking it can't be that great because I totally messed up one of the logic games... at this rate I will take anything above a 150. LOL.

And the sickest part... I'm actually looking into taking an immigration course or two... IF I get in to law school. (And that's a pretty freaking big IF right now.)

Now I have to sit around and wait for my results... at least I'm used to the waiting game thanks to this process!

Yes they can force her to use the K-1. Technically when you enter on a tourist visa you are not supposed to have any intent to immigrate. Obviously if she's holding a K-1 visa that is not the case. The officer at POE can 'have a heart' and let her in to the country to plan her wedding but this is not necessarily going to happen.

Basically you would be asking the officer at POE to turn a 'blind eye' to her immigrant intent....

I think the best advice you have received so far is to get your bank accounts changed. The evidence you have so far can be true of roommates, friends etc. You really want to show how your lives are commingled, showing serious commitment.

The interviewing officer isn't going to be unreasonable. Obviously if you are a college student (and I'm assuming you are both young), they are not going to expect a house/kids etc. But they need SOMETHING to justify your approval.

Do(es) you(he) own a car? Can you put your husband(yourself) on your(his) insurance?

Does his work provide benefits? Have him add you as a dependent/beneficiary.

Did you have a civil ceremony? Have your witnesses sign a sworn affidavit.

Have your college roommate sign an affidavit. (I'm sure one of your friends must have met him by now!)

There are many things that you can do. Just start getting things together NOW.

Hello Everyone!

I haven't posted here since our little one was born.. and now she's 6 months old!!! She's crawling (can you believe that?!) and starting on baby food. (I make my own) It is so messy!!!!

Parenthood has been one big giant rollercoaster but I'm loving it. I'm even thinking about number 2... but not too soon!

Hope everyone has a wonderful pregnancy.. as comfortable as pregnancy can be.

And my one word of wisdom to pass on to new moms: Buy a sling!

~Singers~

I wouldn't be disheartened. You don't know what others were trying to overcome. There's a one in four chance at a minimum for your case, but like the case officer said it could be a LOT higher! I would only be worried if it said 0 overcome!

Keep your hopes up! It isn't over 'til it's over.

here's the link:

http://www.travel.state.gov/pdf/FY06AnnualReportTableXX.pdf

Anyone can contact their local Congressman. The USC can go directly to the website for their State's Congressman and it usually has a link for Immigration Help or something similar. (Sometimes it says help with Federal Organization etc.)

If you are rejected, you can either have your USC spouse move to your country or pick a 3rd country to live in (like Canada). But think positive!

They publish a list of number of applicants vs. how many approvals each year. I'll try to find the link so you know what you are up against.

It depends if you are filing in country or at your local consulate...but I think the average is approx 12months.

Immigrate2us.net has a great website for waiver information. Including approved sample letters.

We need a little more information... are you married? Is the USC currently residing abroad?

Your waivers will be filed in London, if you are claiming residency in the UK.

There is far more information on waivers on www.immigrate2us.net

My husband didn't have any record of his OPT either. We just wrote down the details as he could recall them and that was it. I think a photocopy of the most recent would be fine. Just write down both on the form though. It was never mentioned at the interview, and his EAD came thru with no RFE.

When my husband and I were in this situation we consulted an attorney and paid for her to attend the interview with us. We filed all the paperwork ourselves. They usually charge $5k for complete AOS but we paid $100 for initial consult (where we were told there was nothing to worry about since "you are allowed to change your mind." and $500 for her to attend the interview. ~This was to reassure me and, in case things went to hell, so she would know exactly what transpired.~

We also had a secondary inspection at POE, a K-3 application pending and were told he should return. We eventually adjusted from VWP. There is nothing a lawyer can really do for you before you have your interview. They only come into play if you need to file a waiver.. and even then a TON of people get waivers approved without a lawyer too.

This is a decision that you have to make for yourselves. Even the best lawyer will not tell you what to do. They cannot give you a guaranteed outcome. (If they do, run!) They can only advise you of possible courses of action.

Good Luck!

Once you file for adjustment of status, you have a legal status in the US. You will not need to file for an extension of your visa.

If you have no criminal history, any previous overstays or immigration violations you will be eligible to adjust status in the US. When you go to the interview (which you will probably have since you're adjusting from a tourist visa) the officer will ask you, why did you decide to stay? You have a justifiable reason. (bring medical records etc as proof.)

If you would like reassurance, consult with an immigration attorney (approx $100).

To clarify, the Immigration Officer at your POE decided to put you in Expedited Removal. Expedited Removal is the process used to remove people who attempt to enter the US without proper documentation. (remember that "code" in your passport referring to documentation? yup.) If the officer believes the person is attempting to enter for purposes other than what is stated in their documents ( that would be the misrep part and the you intended to work here part), through fraud or without proper documents, they can refuse that person entry and order them to leave immediately. This results in a 5 year ban. (misrep is a lifetime ban) You cannot challenge the POE officer's decision. (unless you are claiming asylum or are a US citizen or permanent resident.)

As another member explained to you, you will not have a "code" for Expedited Removal. This is because you cannot be charged with Expedited Removal. Think of the codes as your "crimes." Being arrested (expedited removal) isn't a crime, it is the result of the crime.

The process works like this: You will apply for a spousal visa (K-3). You will be denied and handed a slip with their reasons for the denial. These will be the same as the "codes" in your passport. At this time you will be able to file waivers. Even though you cannot submit a waiver until you are officially denied, you should start working on them now. The USC has to provide a letter of extreme hardship and submit this with your waiver. The letter of extreme hardship (written from the USC prospective) must be UNEMOTIONAL and FACTUAL. (They do not care if your heart is broken being apart or anything along those lines. I know I sound harsh but that is the truth.)

If you have not done so, visit the immigrate2us.net now to see example letters. Learn what a level 1,2 and 3 arguments are and start collecting evidence supporting the ones you have.

Or ultimately if you do not want to fight this, you can have your USC spouse move to your country...

Good Luck.

Never mind.. I just saw the other thread..

Actually misrepresentation carries a lifetime ban from the country which can be overcome by a waiver (I-601). The 5 year ban previously mentioned only comes into play if you tried to re-enter after you were denied at the POE.

If you voluntarily withdrew your application, you should not need a waiver for deportation (I-212). However if you had an Expedited Removal you will need to file I-212. You should have paperwork or this written in your passport. (It would be 212a6c)

If you need additional assistance (and they will be non-judgemental and helpful) visit www.immigrate2us.net They have examples of the hardship letter you will need to file along with your waivers. They will also recommend good immigration attorneys. I wish you the best of luck.

Hi..i am already married to a filipina, and her visa will be expired this coming Jan2008, is that ok if we filed the AOS late likein Feb or March 2008??????????

Is there anyone who could give some more info of what i wrote above??

You need to tell us: What visa does your wife have? (K-1, tourist etc)

I acutally think this is an interesting topic.

Cases like these actually help define what USCIS considers a bona fide relationship. Will they accept relationships that are outside the norm? Isn't there a thread going right now that discusses USCIS and their take on age difference with a couple? Can they judge a relationship based on lifestyle?

If USCIS accepts the relationship, can the person go on to have the sex change? Once you obtain a green card (beyond removing conditions) it is up to the immigrant to maintain their status, it is no longer based on marriage. Couples divorce every day and no one's immigration status becomes in jeopardy. (again, beyond removing conditions).

Whether you agree with the relationship or not, cases like these do actually have bearing on everyone in the process.

Given your violation, it would be good if you were made an example of, picked up, fined, put on a flight, and returned home. You obviously have no regard for the law here and now you are looking for some other way to deceive the system so that you can have a "marriage"? Bring your "lady" friend to Jakarta or whatever village you are from and live happily there. For $35 "she" can get an indo visa to spend time with you there. I suspect though life would be pretty difficult, just an idle thought from my time there though.

Actually working illegally is normally forgiven during AOS to USC....