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Old Dominion

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Posts posted by Old Dominion

  1. A dozen pages of phone logs -- with a covering note that there are 125 more pages -- should suffice for the interview. Find some way to express over the other pages (FedEx is far too expensive, US Postal Service may not be) in case he wants to carry them to the interview. The big need is to organize all the paperwork at your end, so that he can take your packet as is, in the appropriate sequence ,etc.

  2. USC dont get stamped either way. An interesting thing to mention. I have gone to korea while on leave (yeah im military). If they think im military and I have to show my military ID, they will not stamp my passport either. (i think it has something to do with the SOFA....status of forces agreement) Some countries are different for military...i actually dont need a passport to travel to korea as all i need is my leave paperwork and my ID. I always thought that was stupid.

    As far as places getting stamped for leaving...I dont understand that part...so I am assuming permenant residents get their passports stamped only when entering the US or do they not get stamped at all since they are allowed to be here?

    During my last entry, I was stamped. I am a USC. I found this strange!

    I've been stamped every single time I entered the U.S. I think this is common.

    Same here, except via car from Canada

  3. If she can present convincing evidence that she MUST return to Thailand, it might possible to get a tourist visa and then have that church wedding in the US. Depending on the church, the wedding ceremony might be a bit different (blessing of a marriage?) than the usual. Since you are already married, there is no provision to enable registering the marriage in the U.S. and it's not necessary.

  4. In any event, once your AOS application is received by USCIS and you have their notice of receipt, that notice is evidence that you are here legally pending action on the AOS. After that point, the I-94 is not needed. Once you get your work permit (EAD) -- within 90 days of filing -- you can take that to the Social Security office and they will process your SSN application. The SSN is of no value without the EAD or green card.

  5. Your wife should review the guides here to filing a petition for a CR-1 (spousal) visa, prepare the papers, and submit them with the required fee. Documentation of your marriage, etc. is required. Does she have enough income to support you ($18,500 approximately per year)? If she does, and there are no prior marriages, then the process is straightforward. The guides are quite specific and easy to follow. If the CR-1 visa is granted, then you will receive your green card almost immediately upon arrival, and can begin working in the US.

    As you already know, Nigerians have a very high rate of fraud, using all kinds of methods including marriage to be able to enter the US. If her petition is approved, then your application for the visa must contain solid and convincing evidence of a bona fide marriage -- solid enough that there can be no suspicion that your real intent is to immigrate as a spouse.

  6. I guess I don't understand anyone who would worry so much about money, to the point of going to another country for tax purposes alone, so long as there is enough to live comfortably on. Families are far more important than taxes. It is hard to comprehend why someone would see as an option, becoming a tax-dodger...but that's just me.

  7. We need to know more about his situation before condemning him. I am shocked at the judgmentalism from all corners. Folks close to me are struggling to find a way to stay here after overstaying their visitors' visas, and they are nice Christian people indeed. They will make good citizens, better than all the milliions of USC addicts and welfare cheats, for sure. America at one time gave good people a chance. :wacko:

  8. There is some precedent for the advice from #2. It is complicated, however, by the misuse of the B-2.

    Filing the full AOS (with I-130 and work permit application) would give her legal status in the US until it is adjudicated, but the interviewer may raise that difficult question. Usually, USCIS overlooks that a person is out of status after overstaying a visa, so long as the marriage is bona fide. It is not clear that the USCIS would be willing to overlook the misuse (possibly fraudulent).

    Far safer for her to return to Canada, and you petition USCIS for the CR-1 spousal visa. Good luck!

  9. All attorneys are NOT useless, if you really need one. In the process of filing AOS, I did contact an immigration attorney who is well-known for her work with those who cannot afford her services at all. She works half-days pro bono, the other half for fees. Her paralegal advised that I was probably capable of preparing the AOS papers myself, but when they were completed, the paralegal would be glad to look them over if need be, but I didn't follow up with her. They went through without a hitch.

    The K-1 papers are easy so long as one is careful to follow the very clear instructions. I've done several as favors to friends. I'm amazed at how many ads exist for K-1 preparers, though. I had no idea there were that many lazy USCs.

  10. What kind of visa does she have? Proving that she didn't come here to marry might be difficult. Probably the safest approach is for her to return home while you file a petition for the CR-1 spousal visa. Maybe in eight months she will receive it.

    Otherwise, you COULD take the risk of filing now for her AOS (and work permit) as you suggest, so long as you have a provable, bona fide marriage, and she can stay until the AOS is adjudicated in perhaps eight months. Follow the guidelines here in VJ. Yes, you must file the two forms and the ones for the work permit and sponsorship all together. Once USCIS provides its notice of receipt, that is evidence that she is here legally.

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