edmon59

BTW - "Voluntary departure" will not erase any overstay.

She just avoided getting deported (in front of an IJ)

Yes. The idea was to take the 10 year ban rather than getting caught and deported.

I actually have her I 94, Can I get it to her and have her take it to the embassy? I'm pretty sure I can't return it.......

We were ready to file the I 485, but things were getting shaky marriage-wise so I held off.

I guess my point was that I assumed they would have physically said or done something like stamp her passport or something.

OK, it's coming clear now....

Thanks.

-Ed

Ooops....

She went to the airport, showed her passport to the ticket agent and the security checkpoint person (TSA)and then she got on the plane to Florida. She could have walked out of the airport in Florida at any time during her 5 hr layover.

Also, most of the time at the SJ airport there are ICE officers in the jetway and they ask everyone boarding US bound flights about their citizenship. The question is "What country are you a citizen of?" Had these gents been there when she boarded they would have given her a warm time indeed.

The point I'm making is that there is no record of her departure/overstay.

She overstayed about 3 years. As to the embassy, I was with her the first time we got her a visa.....She never would have gotten it on her own, The embassy official ended up questioning me for like a 1/2 hr....we were living in Jamaica at the time, and she wanted to make sure it wasn't a greencard marraige, I guess.

-Ed

There is no such thing as being hassled on your way out. She should worry about coming back. Did she accrue any illegal stay? When leaving the country, you can almost hear them say "good riddance" these foreigners are going back to where they came from. Why would they stop and ask you questions which could make you change your mind and decide to stay

Had something happen recently that I thought I'd share.

My wife and I were in the middle of the green card process when things went pretty sideways in our marraige....long story...

We were living in Puerto Rico and I moved away, she stayed there. A couple weeks ago she decided she wanted to return to Jamaica. We figured she would get hassled at the airport, trigger the 10 year overstay ban, etc.

Instead, she got on the plane, flew to Ft Lauderdale and then on to Montego Bay. Not one question, no stamps in her passport, no departure record, nothing.

It seems to me that she could conceivably go to the US embassy in Kingston and get another tourist visa ...if I went with her, that is... It seems impossible, but it happened.

-Ed

Change of plans.........

The Nigerian bomber-guy has completely taken that plan off the table. I rented a different apartment for another month or two, NOA1 and AP soon after---I hope.

-Ed

Next week I'm going to fly my OAS wife from SJU to the mainland. We have an approved I 130. but the I 485 is still in limbo somewhere..... I've got copies/originals of all the 485 docs, and I'm out of options and time.....funny thing, but I'm used to the detain-and-interrogate drill at airports....I once had to "talk her in" on the phone with ICE agents in Houston who thought that I was bringing her to the US with the purpose of adjusting her status in the US. They were correct, I was...... I was told shortly after our marriage 4 years ago by a US embassy employee in Kingston Jamaica that the B-1 visa was the "easier" way to get her status in the USA..............I have learned since how completely wrong the embassy person was, but I digress.....

And before you ask; She is in personal danger in PR, there is a stalker involved, and he has a gun. The police there know of him, but can't find him. I'm in the States and can't get there until Jan. It is amazing what life dishes up sometimes, isn't it? Deportation/AOS=alive.

Waiting for NOA1=???

I don't want to contemplate that one.

I'd also like to take a minute to give thanks to all of you here, It is indeed a JOURNEY....on a lot of levels, and the insight and advice I've gleaned from this site has helped me in real, quantifiable ways.......unlike many of the more "respectable" avenues I've pursued.

Wish me/us luck, I'll report back as to the results.

-Ed

Funny thing, but I have never thought of my wife as being black.....but I never forget she's Jamaican!

We lived in JA for 3 years before coming to the US, so I'm completely familiar and comfortable with their culture. She has had to make some adjustments to US (white american) culture though......I think we enjoy the best of both worlds. Third and First.

-Ed

I think it has alot to do with where you live. I just had a customer who was Indian of Guyanese origin and she was married to a white guy and no one has ever given her a bit of grief or stared at her. We live in extremely multicultural Florida and people kind of just blend. The more people intermarried and more people fluctuating through a community, the more open they will be

As a white guy married to a black jamaican I've had my share of looks and comments-----not so much in the US, but definitely in Jamaica. Usually it was from men asking why she was with a "white bway" and not a jamaican man. I also got a lot of "is she a hooker?" questions. I figure it goes with the territory and move on.

We ALWAYS get detained at airports, though, and I've learned to expect it and get there early....

-Ed

I can only speak from personal experience and from the knowledge that every I.O. has some kind of discretion.

You are not leaving US territory when traveling to the USVI, yet you do leave the US by traveling thousands of miles over enemy territory.

When you enter the plane on your way back at Charlotte Amalie, you will be checked just the same as if you were entering the plane in Kuala Lumpur as there could be people who God knows how got to St. Thomas. Just imagine some member of the European Union, Great Britain, perhaps, were to travel legally to Tortola, which is part of the BVI. Then, this person would charter a small sailboat and sail over to St. Thomas to enter US territory without a visa. From there he or she would try to board a plane to the US mainland, which should be easy, as it would be a domestic flight from US territory to the US mainland.

For that very reason, the USVI are treated like foreign territory. If you have not adjusted status by the time you are traveling back to the mainland, I would STRONGLY suggest not to make the trip.

Again, my 2 cents, not more, not less.

Just Bob, certainly touched quite a few good points. I recommend you keep travel to a minimum. Especially in cases where the beneficiary have not filed forms incidental to Adjustment Of Status and Advance Parole. To give a good example, a Forum member posted last week, his experience of being detained by US Customs and Border Patrol for several weeks while on board a bus from Upstate NY going into the city. Like you, he is married to US Citizen but have not filed AOS paperwork nor did he apply for Advance Parole. This example is simply to highlight the fact that it necessary for you to demonstrate you have Lawful Presence in the United States at all times. DHS is increasing their numbers and presence in places they define as "critical areas"....so you should worry. There's no deadline to file AOS paperwork, but it is recommended you do it as soon as possible after marriage to protect your status.

I would not follow the advice given to you by some members that it is "No Problem" to travel simply on your AOS status notices from the US mainland to a US territory. The AP may not be required in this instance, but if for any reason a diversion takes place and you land somewhere other than US soil...having appropriate documents can only help you...and the Advance Parole document is there for just that - travel.

In St Thomas you go through customs. In San Juan PR you will be stopped on the jetway and asked your country of citizenship by some very threatening armed gentlemen. My wife is stranded in PR at this very moment because I'm afraid to put her on a plane prior to her AOS.

She's Jamaican by the way.....I noticed your flag.....

I'm going to advise (strongly) to stay on the mainland.

Best of luck.

-Ed

The TB skin test is well known to give a lot of false positives so a positive skin test is always followed up by a chest x-ray. So if you are one of those that tends to get false positives, don't worry.

~ Catherine

Yes this is sometimes down to if you have been given the TB vaccination sometime in your life.

My wife and I just completed her Medical exam in Puerto Rico about an hour ago. She was given the TB skin test, if she is positive she gets the x-ray, if not, then nothing. They test for syphilis, ghonnorea, HIV, Leprosy and some other stuff. Since my wife has no vaccination records she will be given a bunch of vaccinations.

What they are looking for is made really clear in the instruction portion of the I-693 med exam form. And yeah...."Drugs? No, never!"

FWIW, they are also supposed to check to see if you are mentally imbalanced and pose a risk to others....our doctor didn't ask any questions at all......

-Ed

Yep, as Yu and Dan said, there are no restrictions on domestic travel. You do NOT need a passport to fly within the US. If you go to the US Virgin Islands, you just need to make sure you do not have any stops out of the country as this can cause problems. Why not Hawaii instead, just to be safe, or wait until he gets advanced parole?

Her fiance will have to have a passport to travel within the US because it will effectively be his only acceptable ID. It concerns me the OP asks about the US, then mentions the Virgin Islands without specifying US Virgin Islands. The risk in such travel is that if there are any emergencies that require landing on another Island, he will have unintentially as it may be, left the US and not be allowed back in without AP.

For domestic travel, they'll only be looking at his passport, not stamping it.

You Will be asked for a passport when returning to the US mainland from the USVI. You DO NOT need to show a passport when returning from Puerto Rico. Why USVI but not PR? Dunno, but I live and travel in the caribbean and that's the way it is. In PR you go through the USDA check only, but USVI sends you through immigration.

If your paperwork is in order you should be ok though---as noted above they only look at the passport, no stamps.

-Ed

I just checked my email and received an approval notice dated June 24, 2008. This was so unexpected. I couldn't be any happier today. Goodluck with everyones journeys.

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Approval notice sent.

On June 24, 2008, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

I just got mine today.

Filed Feb 19

Approved June 18!!

The TSA is now CHECKING VISAS of anyone with a foreign passport. If you are out of status, I would NOT recommend flying domestically. The implementation of this new policy is hit-or-miss at the moment, and my wife (who is out of status) flew from Phoenix to San Juan Puerto Rico yesterday and it was the most nerve-wracking trip of my life!

We got e-tickets at the kiosk, checked our baggage, (no ID check at the ticket counter) and went to the security gate. At the gate the TSA officer checked my US drivers licence, then checked my wifes Jamaican passport...... I had taken a hint from a international airline pilot's forum and put a bunch of paperclips and slips of paper, etc. making it difficult for him to flip right to the visa page....it worked. He flipped through what he could easily see and let us through....it was the scariest ten seconds of my life.

I should also mention that I brought every piece of documentation tha I had establishing our marriage bona fides, as well as the receipt from the USPS for our I-130, just in case....

I HAD to travel by air, as I had taken a job in PR. Otherwise I would never have attempted it.

Google TSA Visa. There are some links there worth checking out.

I wish you the best of luck!

-Ed

Thanks to everyone for your response..

We do still have a lease from Mexico, So I think that could help and the fact that I just bought a house here.

But I will follow your suggestions and consult an attorney prior to filling.

Was wondering if anyone actually went through this kind of situation?

I am presently in exactly that situation, But I married and lived in Jamaica for 3 years before moving back. My wife came on a B1 visa and I talked her into staying ( It wasn't too hard)... But I did it long before I knew what I was getting myself into. Had I know about this site, I would have done things MUCH differently, trust me.

Get her I-130/I-185 stuff going ASAP and things will work out fine....

Buena Suarte.

-Ed

$3,000 in 2 weeks.....I would've mashed up the phone!

It's worth it!!!

(if you own an island and drive a Ferrari)

I DID mash up the phone! The phone also mashed up my credit....but that's another story....

Peace,

-Ed

I have been in Maine now since Sept 1st and my phone bills are a huge stress... sooo much money to call St Lucia. I think 52 cents a minute. I have well over $1000 in phone bills (almost paid them all) and finally called the phone company and blocked all overseas calls, otherwise I could not dicipline myself. So now I use www.enjoyprepaid.com and get about 17 cents a minute - much better! I can also top up Louis' digicel online. This way all the phone bills are paid BEFORE we make calls. Unfortunetly the 800 #s do not show on my phone bill!

I also finally convinced Louis to try e-mail. Since his own home has no running water etc internet is not an option at home but I convinced him to go to a mutual friend's house to use her computer. (he is not real fond of her) He can also sneak at work and check once in a while. But lawd! Trying to teach him over the phone to use e-mail - what a PIA!! LOL I told him he had to figure it out becuase without my huge phone bills we had to have some "proof"... We also have written each other a couple snail mails but there is another headache - the Lucian mail system!

Cat

Digicel to the US isn't bad...about 20 minutes for $100 J last time I checked.

For calling the caribean (especially JA) I use an outfit called VIP http://www.joinvip.com/ I went from $1.40/min to $.20/min. I blocked all international calls as well when my beloved spouse ran the bill up to $3,000. in two weeks calling home.

western union.

.........Or Moneygram