Singers

I think he meant that if we don't pay up then tax payers would eventually have to in order cover the cost to keep the system running and not that tax payers pay for it now.

CONGRATS!

(I hope our interview goes the same way!)

Yodrak,

Thank you for the reference! I knew the lawyers had to be citing something. Anyway, my whole point is that please use common sense and err on the side of caution. You do not want to be that person that USCIS does decide to give a hard time to and be unprepared.

(Can you imagine trying to prove you didn't have intent and yet somehow had a beautiful wedding with 120 guests two weeks after you arrive.. because chances are you ARE going to have an interview since you've been married less than 2 years and bringing proof of a bona fide marriage...)

Even if it is a myth (and yes, I was told this during two different legal consults), I think common sense kinda kicks in there. You're going to raise flags if you try to adjust within 30 days.

I posted this in the K-3 forum but I'll post it again.

There is a 30 day rebuttal window in which the US government automatically assumes you committed fraud if you try to adjust within 30 days of entry (using a non-immigrant visa). The burden is on YOU to prove that you didn't. If you are beyond the 30 day window, then it is a little easier because it doesn't reek of 'intent' but the burden is still on you.

I can tell you that I have learned this: There is a 30 day 'rebuttal' presumption if you try to adjust your status. Meaning: if you try to adjust your status within 30 days of entering the country under a non-immigrant visa, the US government automatically assumes you are commiting immigration fraud. The burden is on YOU to prove that you didn't know you were coming here to get married and adjust status.

Ok, first this topic will be moved to the Adjustment of Status forum since I assume you do not want to go home.

Second,

If you click on the blue tab at the top that says "GUIDES" and then look in the bottom right hand corner it says "Adjustment from other types of Visas." This discusses the J-1. Make sure you REALLY do not have the residency requirement. If you do not, then start with the Adjustment of Status guide.

Only YOU know the circumstances of your case so please make sure you read everything carefully.

Sorry! I should have read more carefully. I thought you already filed for the K-3.

Wait. You said you haven't heard from him in several weeks and only now he is sending a letter to London to ask for your paperwork?

Huh?! Did I read something wrong?

Why should I have to look around to find out they commonly misinform people?

And this was before I found VJ (or any other immigration forum) so I really had no way of knowing the post office routinely does this.

It's a moot point but I still consider it their error.

Thanks for the congrats!

The post office marked my I-129F forms as undelivered (on their delivery confirmation page) so I sent them again. Somehow the USCIS still received BOTH applications. They only cashed 1 check (yay!!) so I thought they realized it was the same application but I received 2 NOA1s. I put both into the system to watch for touches and both worked. (They were a week apart in dates.)

Yesterday I received TWO emails from USCIS saying BOTH applications for I-129F were approved. (They still hadn't cashed the 2nd check. yay!)

I know there is at least one other user out there in this situation of two I-129F filings (sorry I can't remember your username!) so Don't worry! They will be approved! (And apparently on the same day.)

Now I wonder if the embassy will realize its the same application or if they will try to give me two interviews..

I'm not so sure I agree. If you stated you will be pursuing the K-3, they might retain your I-130. (This has happened to other members.) If this happens you would have to file the I-824 form ($200).

We're not pursing it but our K-3 was approved today.

New Form

It took 70 days start to finish with no RFE's.

Thanks! It has been a crazy couple of days but I'm glad this was brought up and solved now (Thanks to VJers!) rather than being blindsided at an interview!

Gotta love VJ!

Well, in case anyone was wondering.. I've spoken with two immigration attorneys. Both said (and this was based on a the specifics of our case and NOT a blanket recommendation for anyone reading this to apply to their situation!) that we do not need a lawyer and we can go ahead and file the I-485 without issue. So for $400, I bought peace of mind.

(And it did take quite a few inquiries and phone calls to come up with just two that were competent. I don't understand how so many lawyers claim they practice immigration law when they are still calling it the INS etc.)

Ok. Now I've completely lost all confidence again and I am going to schedule a consultation with an immigration attorney in the morning. (Better safe than sorry.. and since we can afford it might as well.) I'll let everyone know what the attorney says. (Though I cannot imagine too many people ever winding up in the same situation as us!)

I'm glad you are going to get a consult. As the saying goes, an ounce of prevention is worth a pound of cure. There are enough red flags in what you have mentioned so far that *I* would feel better if you discussed exactly what was said at the POE with a lawyer. Although obviously it's your life and doesn't affect me but you know what I mean.

Anyway I hope the lawyer agrees with your decision and doesn't see major problems with it, I know you do not want to be separated again. I do wish you the best of luck!!

Thanks! I'm one big bundle of nerves (natural worrier!) and I'm glad you pointed this out. Honestly it didn't occur to me that this could cause a potential big problem, I thought we would sail through! (I guess because the POE interview landed on such a good note it didn't occur to me that it could bite in the rear!) Bird's eye view does help sometimes! And I have to say that this is the only forum I know where people are nice, actually concerned, try to help and don't flame each other. (Now if only other forums would take notes!)

I'm talking with the lawyer this afternoon for the initial consultation. Fingers crossed!

Ok. Now I understand. This is something I will take up with the lawyer. As far as I know they didn't make any notes during the interview but that is something I have to check and they did ask us if we were planning on living in the US and we said "yes, after his paperwork comes through."

Well, we will see what the lawyer says.

Does anyone have experience with an expedite request? Some say that if there is no approval within 72 hours, then it's not approved; others say that it may take weeks.

When did you send the expedite request? It should not take weeks to hear something. If you haven't heard anything, you might want to contact your senator's office to ask them to make an official inquiry.

vjb, service centers rarely admit to error and rarely expedite due to error although one poster here on VJ swore that Vermont expedited his petition due to an error. It's worth your trouble to try, but I wouldn't get your hopes up.

They received both expedite requests for I-130 and I-129 on 4/4/07. I just called, and they escalated the call to a representative who said that she's never heard of an expedite approved within 3 days. She said that they will consider the situation, and it may even take MONTHS! for an EXPEDITE to be approved!

Then what's the point of having expedited service?! Aurgh! I'm sorry you're going through this. I'm sure you must have had your hopes up that it would be a LOT faster than this.

I'm not sure what you mean by 'outside the conversation' we had at POE. (And yes, I'm very aware of the varying ability in the legal profession. I've dealt with lawyers before for business and some I wonder how they even passed the bar!)

Suit yourselves. Best of luck!!

Ok. Now I've completely lost all confidence again and I am going to schedule a consultation with an immigration attorney in the morning. (Better safe than sorry.. and since we can afford it might as well.) I'll let everyone know what the attorney says. (Though I cannot imagine too many people ever winding up in the same situation as us!)

I didn't rely solely on VJ. (as much as I love the site!)

1. I made sure we have proof that we did not know just in case. (Kept our boarding passes, printed out the USCIS website update showing the date two weeks after we arrived back in the US and the NOA2 with the approvals dates when we were out of the country.)

2. I read the USCIS website and it very specifically said: If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following: have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

AND

You may be ineligible for adjustment to permanent resident status if:You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)

So we're proceeding with the I-485 and will hire an attorney if we run into trouble. Like I said, I don't recommend anyone following in my footsteps and will keep updating as we move through the process.

I think logic would say you have nothing to worry about for that part of your application. Why else would they have the option of a joint-sponsor if they weren't going to accept it?

Stop worrying!

holy #######.

Did you consult with a lawyer with those details? I ask because you answered some very specifc questions at the POE.

No, I have not consulted with a lawyer. And I did leave out of that posting that at the end of the interview the Immigrations Officer did say: I was just testing you and told me HIS story about going through the whole K-3 process, how USCIS lost his application, how he had to get his Congressman involved and how his wife already had a green card when her NOA2 mysteriously showed up at her residence 2 years later! It was pretty casual after the intial questioning and I honestly do not think he was 'out to get us.' He even said sorry that he seemed very mean at first to which I responded I didn't think he was mean, a little scary but not mean and he laughed. Then he made fun of my "deer in headlights look" when he first stopped us and told us he could put my husband on the next flight home if we didn't answer his questions quickly and honestly.

I do not want to give the wrong impression of the Immigration's Officer because was VERY NICE and he was just doing his job.

I forgot to add our whole story:

We submitted our I-130 in December. Followed by the I-129F in January after we received our NOA1. My husband and I have been taking turns visiting each other so we're basically never apart, swapping back and forth between Singapore and the US.

When we arrived in the US in February we were stopped at Immigration. They pulled us to the side and asked us about his status, how long he was planning on being in the United States, where was his return ticket etc. What we didn't know was that his I-130 was approved. They hadn't mailed the notice yet and the website wasn't updated so we literally had no way of knowing this had happened. (Oh, and the fact that we had been out of the US for the last few weeks didn't help!)

We just kept telling the truth saying he was going to return on X day after visiting for two months and hopefully by that time his paperwork would be ready to go to the embassy so it wouldn't be too long for him to be away. (Fortunately I hadn't found VJ yet and we really could plead ignorance to most of the Immigration questions being asked to us in regards to submitting documents etc. At one point I literally said: Is that the first form or the second? I couldn't remember which one was the I-130! I definitely don't make that mistake now!) After two Immigrations Officers spoke with us and realized that we really were innocent in our intent, and that he was planning on returning to Singapore, they let him into the country but not without educating us first! Like you're not allowed to hang around the country until your paperwork is approved (which was close to what we were doing but we honestly thought that time would run out on his visa before his I-129F would be approved so he would have to go back and even if it was approved, we thought his only choice was to fly back for the interview anyway.) and claiming you're visiting family and not saying "my spouse" specifically could be considered misleading... Good to know!

Of course after that incident I ran home and tried to find everything I could about Immigration etc. Enter VJ! I spent the entire night reading everything I could that had to do with K-3. Boy that was a long night!

The next day we got the NOA2 for our I-130 and started laughing. That's when we realized why Immigration had pulled us aside. They had known the entire time and didn't even tell us! That's why they kept asking me the dates we filed the paperwork and quizzing me on all the information I had put in the forms. (Where did you reside in 2001? etc.)

Unfortunately our I-130 is being retained. So instead of paying the $200 and waiting to see what happens when you file the transfer form (which apparently is nothing?), we decided to file the I-485. But not before I started this thread, called the hotline and read everything I could about AOS.

Like I said above, I have spoken with people who have filed the I-485 without having anything approved by an embassy first and all have faired well. (Granted this mostly involved Canadians or Mexicans married to USC but at least I have some sort of precedent to reassure me! ) I can only hope this is true for us.

And like I said, I am not recommending anyone follow my lead. I don't even know how this will turn out for us. I can only hope everything runs smoothly.

I completely understand the not trusting the USCIS advice from the hotline (from what I've read, it is pretty unreliable and I already had that impression when the girl answer my question without really hearing what I had to say.) which is what prompted me to start this thread.

My husband is in the United States so we filed the I-485. I've spoken with other members (via PM) that have done this as well and they have had no problem. Hopefully the same can be said for us when our case is reviewed.

I know my course of action isn't for everyone and I am NOT recommending anyone follow in my footsteps!

I'll keep everyone updated so anyone in a similar situation can have a point of reference. It's nice to know you're not in unchartered waters!