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KIMCORENE

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Posts posted by KIMCORENE

  1. thanks diazy, i was just really confused by the ambiguity: it says H and L and 'other work visas', and then talks about how your status changes once you file... i was a little panicked! it's a huge relief to know i can continue working and we can file as soon as possible.

    Keep in mind, however, that a J visa is not considered a "work visa" in technical terms. I made the decision to discontinue my employment as soon as I filed for AOS last October, as I was under the impression that having applied to adjust status, I showed the intent to immigrate, thereby canceling out my J visa, which is not a dual intent visa, and therefore, no longer valid. But that was my choice, I'm not absolutely certain of the legal and technical aspects of the whole thing.

  2. The above states that they cannot enforce the affidavit of support until the person becomes a permanent resident- in the contract between the sponsor and the U.S., the affidavit is consideration for the immigration benefit. However, the affidavit is necessary for the application to get to the adjudication stage. While this may theoretically be the case:

    Recognizing that usually there is a long delay between the filing of an adjustment application and its adjudication, the guidance authorizes local INS offices to decide when it is more appropriate to require the applicant to file the I-864: either with the adjustment application or at the time of the adjustment interview.

    We know the application wont get to the local office without the I-864, so unless the OP is a K3 applicant and qualifies to file for the EAD at this point, a co-sponsor is in order.

  3. Sorry, I thought I was in another thread when I posted that, :lol: Wait, actually it was. Anyway, if you can, make an Infopass after the two months are up. If you remember the young man's name, that would be even more beneficial when asking them to check on your case status.

  4. We had our interview at Oakland Office in January 15 2009 at 8:30 am

    Interview took only 15 minutes.Officer didnt ask much question.Just marriage date,our 3 years old son's birthday.some questions from I-485.He had all the copies we send and he wanted to see original of documents that's all.He took I-94.We have been married for 5 years.(Couldn't apply before because I got my naturalization certificate last year in march.But applied before for I-130 in 2004 and appproved in 2007.)At the end he said everything looks good he will review the file and let us know by mail in 2 months(by the way he was a young officer).So we are still waiting...

    I-485,I-765 Received Date: 07 Apr 2008

    I-485,I-765 Notice Date: 11 Apr 2008

    Fingerprinting Date: 07 May 2008

    EAD Received: 21 Jun 2008

    Interview letter received 11/20/2008 for january 15,2009

    Last touch:january 6,2009

    Was that Oakland, CA or Oakland , FL? You can always call and check in two weeks if you don't get anything in the mail by then.

  5. I did find this online though,

    Effect of U.S. Government Funding

    Exchange visitors who have received U.S. government funding are almost never granted waivers on the

    basis of a statement of no objection alone. DOS takes the position that U.S. government funding requires

    the return home of the exchange visitor in order to fulfill the goals of the program that funded the

    exchange visitor. Where U.S. government funding is involved, an applicant usually must apply for a

    waiver on another basis, although sometimes a no objection letter will be required in combination with

    those types of requests.

    So I guess it depends on which government you got funding from. Read the information online- only you know your particular circumstances and it would make things go faster for you, rather than waiting for an answer to every one of your questions on here. Good luck!

  6. I remember reading another Russian's post confirming that your country does not do no objection letters, sorry. Your options at this point are to file based on one of the other ways- maybe hardship to USC spouse if moving to Russia would pose hardship to him outside of the regular stuff one would face in moving say from Florida to New York. Hardship is the key word. The other option is to return to Russia for 17 months. Moving to Canada would not work as that is a third party country, so spending time there would not count towards fulfilling the requirement. You can consult with a lawyer- but I'm pretty sure he/she will say the same thing, unless they find a way to show you should not have been mad subject to the rule in the first place.

    Thank you a lot for your help,

    I called my embassy again, they are gonna help, what should I do? i found that form to waive,

    what does my embassy need to indicate to succed in this waiver?

    how easy is this usually to get?

    i hope you it's not that hard,

    thank you

    Since we are from different countries, your embassy would have to inform you about what documents they need from you. As it regards the Dept. of state, start reading here: http://www.travel.state.gov/visa/temp/info/info_1288.html

  7. I would try to go there because she's got job when I've not one legal now in Italy...so I have the chance to move without to be worry. But your advise is the best and more sure thing to make and I'll take that in a very good consideration about to solve the situation.

    With me coming there witch are the options that we could have?

    What do you mean? You do not have a job or do not have a legal job?

    The fact is that you are not the first or the last person to meet his/her significant other via the internet, and feel in love. At this time, you do not qualify for any visa that would allow you to decide to stay if you marry while here. As an Italian citizen, you do have the right to use the VWP, but only to come to visit the US. Using the VWP for immigration purpose is not allowed. If as you say, you have no job in Italy, take a vacation and come see your woman. If she fears her ex-boyfriend, the two of you could meet in another city, or you can stay in a hotel or with friends rather than staying at her house.

    Once you've met and spent time together, you can go back to Italy, and she can file a K-1 visa. In less than a year, you will be back here with a visa that is expressley made for the beneficiary to come to the US and marry his/her fiance(e). Do not speculate on what if, and can it be done? There is no visa for what you want to do...come here see if you two are really meant to be together and if so,...to stay.

    You actualy have it easy in comparison with some others here....as the VWP is only for select countries. Others, who live in countries that do not have this program, must come up with other alternatives to meet.

    Good luck,

    -P

    I think the OP has already decided that his best option is to come here on VWP and marry his girlfriend, as evidenced by his defensive attitude. He is just looking for validation and acceptance of his decision, though he has been told that is the incorrect and illegal thing to do and other posters have given him options. Obviously, those options are not to his liking, so why are we beating a dead horse?

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