FRJ

i would just keep it consistent.

Hi there

i have alot of questions regarding my case, but before that i will give you my case timeline.

I applied the AOS package april/18/2011,recieved NOA1 and then NOA2 and i did fingerprint for I 485/I765 forms.

after that i received a letter said i have to terminate the removal proceedings,I terminate my removal proceedings on aug/16/2011. and then I didnt here anything i did infopass but it was useless on sep/7/2011, i still dont receive any thing even my EAD didnt come.

what should i do? anybody who has the same situation can help i appreciate that in advanced

terminate what removal proceedings?

No the EAD isnt needed after he has the G Card. He can use the G Card & Social Security card to go to work.

yup.. correct.. no ead needed once you get the gc ..

No day given for the initial date you received your green card so really can't answer your question.

Its this simple, you have to be married three years to the same person AND not more than 90 days before your 3rd green card anniversary date.

What I wonder is who came up with this rule. Justbob implies using "common sense" with the USCIS, that doesn't fit in at all. Discussed certain issues with an IO, she said, don't blame us, blame congress, they make all the rules. But when I have spoke to a couple of congressman, they never even heard of the USCIS.

One key issue is age, ages 16, 18, and 21 have completely different regulations, not a damn thing to keep a family together, just about an incidental date on the calendar. Common sense just doesn't fit it.

what are you even talking about? bob was referring to the date at which u can apply since the question was do u apply 90 days before ur wedding anniversary or 90 days before the date you received teh gc. thats what he was talkin about.

i just got my 10 year gc so i guess within 90 days of feb 19 i can apply for naturalization.

oh so 90 days before the 3rd anniversary i can apply for citizenship?> i got my perm status in feb 2009. was just looking this up when i came across this post. let me know for sure.

Redundant = superfluous, unneeded, unnecessary. It served no purpose to the conversation as it did not involve immigration and was therefore redundant/superfluous/unnecessary.

You got lucky. Good on you. People used to have no issue AOSing after overstaying on the VWP. Now they're being denied and it's no longer possible in most states.

The situations we bring up ARE hypothetical of course. The OP has not made his/her trip. The OP has not made his/her comments to CBP. We're making hypothetical scenarios on order to protect the OP when the situation comes. Your advice only differs to ours in that we're saying "make your trip but be careful what you say" and you're saying simply "make your trip, won't be any issues". You are not the OP, you are not CBP and your are not an Immigration Officer. You can't possibly know for 100% certainty that there won't be any issues.

omg go away u freak.. u made ur point.. i made mine.. go away!

all the scenarios ur bring up are hypothetical.. the OP never brought them up. im just being real.. i was in those shoes too so i know what his situation entails.. and like i said before i explained to the OP privately why i made my statements.

and PS..my analogy is not redundant..u might wanna look up the meaning of the word and use it in the right context before calling me out. just saying...the end.

Your GF is from Canada which is a low-fraud country. That's good.

The fact that she's been in the country so long and (hopefully) dating you is also good. HOWEVER, sometimes there's a risk with marrying so close to the visa deadline. It can be looked at in two ways:

1. Don't wanna be apart so got married to stay together

2. she doesn't wanna leave the country, marriage fraud

Going on a trip shouldn't be a problem. The problems will arise if you are questioned at CBP and what your answers are. If you are asked "who are you travelling with" and you say "this is my boyfriend/girlfriend", at that stage CBP could ask whether they're engaged, or he's a US citizen or whatever. It's important to NEVER lie. So, if they're honest the entire time and one of two things could happen:

1. She's denied as an AOS risk (or told she cannot AOS etc as someone mentioned previously)

2. No problem.

The chances, as slim said, are small. I personally wasn't even asked when I was on VWP to show ties to my home country, some people are. Someone suggested calling your boyfriend/girlfriend a "friend" when you enter. When you apply for AOS there's the problem. Suddenly you married "your friend" so you either married for fraud, or you lied at the border. Never lie. Ever. It catches up with you.

You are being incredibly reckless with someone else's life.

FRJ's "buying a house" example is redundant as it doesn't affect immigration.

In all honesty you're probably going to be fine, just be careful you NEVER lie at the border, yet don't reveal anything unless asked, and you'll be fine. As you are so close to her visa expiring, which means she's not going to be a student for much longer they might look at you a little bit closely but like I said, it's rare and I honestly doubt you'll have too many issues at the border, it's at AOS that it matters.

redundant? how is that redundant.. in any case i'm not being reckless.. im sure the OP is aware that no one on here is an immigration officer. all the posts are highly alarmist in nature..he wants to go on a trip..she's in good standing thats that..all the scenarios that you guys bring up are irrelevant at best.

and its this same alarmist nonsense that almost caused me to walk away from this site after my first post. i explained that to the OP so he can see why i responded the way i did..

So you plan to get married next year but you're not engaged? What exactly would you call that?

Don't try to out lawyer a lawyer (or USCIS/CBP), they have a nose for these kinds of things.

that means nothing.. they're obviously students.. so whats the difference. dude.. listen, u're fine.. don't listen to all these people with there bs. (i plan on buying another house next year, i havent started looking-- what do u call that? nothing!!!!) u plan on getting married.. the end. u have absolutely nothing to worry about. if what u said is true.. and you took the same trip before, and her status is str8 then u're good. don't bother with all this intent and all that #######. there are people who really need to worry about fooling CBP and you definitely don't seem to be one of them..the end

I'll play Devil's Advocate here...

At POE CBP asks her "Are you traveling alone?"

"No" she replies, "I'm with my Fiance."

"Oh, is he a US Citizen?", she's asked.

"Yes, he is. We met at University."

CBP then asks, "So do you have a [wedding] date set yet?".

If she answers honestly do you think they'll admit her?

If she lies then she has committed Material Misrepresentation.

So what are the chances that this will happen? I don't know but it surely isn't 0%, let's just assume it's only 1% okay. Why take the chance when they can do it perfectly legal without that 1% chance? Why risk it when the consequences of being in that 1% are so high (Lifetime Re-Entry Ban) especially when it's so easy to eliminate that chance.

It's reckless to tell someone else that there is no chance of anything going wrong when there is even the slightest chance of it going south on them.

You're right that the Intent Issue can't be the only reason for denial but if intent is hidden by Material Misrepresentation then not only can the AOS be denied but it can be followed with Deportation & Lifetime Re-Entry Ban.

I'm not trying to say this is what will happen, just making sure they understand this is what can happen.

And yes she as of now has Immigrant Intent, which makes it illegal for her to enter the US using (even a valid) Non-Immigrant Visa.

oh brother!! she's a student..you guys blow ###### way out of proportion! she's a student! she's been in the US all this time! they've take the same trip before! gimme a break with all this misrepresentation stuff..

As a student there's no problem. Had they already taken the trip and THEN decided to get married and AOS no probs. But because she's about the leave the country, and re-enter using a student visa, but with DUAL intent (intent to study yes, but also to AOS) then there's the rub. It's likely that nothing bad will happen, but it's also likely that it will raise questions.

I personally wouldn't risk it. The OP is more than welcome to try, but we would be remiss to say "no problem go ahead" when we know there MIGHT be a problem. The risk is there and it's up to the OP to decide whether it's worth it.

where does dual intent come in when he clearly stated that they take the trip every year. if she is coming back to resume her studies then there is no intent on anything. again, if she is in good standing there is absolutely nothing wrong with the trip.. she leaves legally, re-enters legally. it would only be intent if she came to the country for the first time and within months she gets married.. she's obviously been here for some time, thus that throws this intent thing out the window.

I am a USC and my gf is from canada here on an F-1 ( Expires May 2011). We would like to get married and then do AOS. I have several questions

We are planning to spend our Christmas break from school in Canada( 3 weeks in January 2011), which we have done before while she was on a F-1.

My main concern is if we get married in Feb-March 2011 time frame will our Christmas trip look strange when the forms are processed due to her having just left and re- entered the country over Christmas??

Thanks in advanced

listen,she has an f-1 visa. is she still going to school? if her f-1 visa is straight and she is going to school, u have nothing to worry about. students on f-1 are allowed to travel. there is nothing to worry about. Your trip has nothing to do with any intent. the most they will ask is the last re-entry date and as long as you file the documents accurately, i don't see what the issue is. take ur trip bro.. there is nothing to worry about any 'intent' as long as her f-1 visa is still valid.

Didn't u already get a visa? If there was an issue it would have come up then too.

Didn't u already get a visa? If there was an issue it would have come up then too.

No you weren't. YOU might have thought you were, but it did not read as such, and such grossly incorrect statements need to be corrected so new people don't think this is the truth.

for the purpose of ending he needless back and forth.. i will agree with you.. you are right..

You asked "where do you people get this stuff" and then you made the COMPLETELY incorrect statement that the I-864 applies ONLY while the GC is processing. My post corrected your incorrect statement.

well many thanx but i was answering in the context of the question asked..

We get this stuff from the INSTRUCTIONS on the form. Specifically here: http://www.uscis.gov/files/form/i-864.pdf page 18 "when do my obligations end".

The person/people who signed the I-864 are "on the hook" for YEARS. Not just while the GC is processing.

A "quarter" is exactly that, a quarter of a year (being 3 months). The USC is responsible for the immigrant until the immigrant has WORKED for 40 quarters, which equates to 10 years. HOWEVER, if the immigrant DOESN'T work, then of course "10 years" can be much much longer. There are also other situations that "cancel" the I-864 contract.

how does that apply to the situation given..its all good to quote stuff, but given the situation at hand..its not even relevant.

If you know of visa fraud and have evidence you should report it even if you aren't trying to get out of your affidavit of support. Having a green card doesn't end it , only if the immigrant dies, surrenders their green card or becomes a US citizen can the affidavit be terminated short of the 40 quarters of work credit. ( Note that 40 quarter is not 10 years if the immigrant doesn't work )

where do you people get this stuff from? the 864 is strictly to prove that you can be supported in the interim. what on earth is 40 quarters of work?

A hit and run can be a deal breaker, as running someone over and then taking off speaks volumes about the person's moral consciousness. However, since the charges were reduced, this should have no impact on your Green Card application. You just need to disclose it.

this situation is not all that serious. a hit and run could be basically striking a center divider and driving away, so all the moral talk has nothing to do with anything. it was a 109$ fine and it was reduced. that should show u that it wasn't deemed serious enough.

I was arrested as I was not available at the scene of the accident. No one was hurt. Later the charges were reduced to hitting a striked object and I had to pay $109 fine. My only concerned is that I was finger printed for it. I was asked for the court documents while H1B stamping. They looked at the documents and gave me the stamp. No issue. But it is question of my green card so i am worried.

I don't think it should matter unless you don't disclose it.. think of it this way.. if you got thru it the first time, i see no reason why it should be an issue now. i was fingerprinted for assault back in college too.. charges were dismissed but i was still fingerprinted.. never showed up.. i understand ur concern but to be honest with u, i wouldn't sweat it.

Yes. I am going to disclose everything. I dont want to hide anything. But my concern is should I hire an attorney for this?

For an accident? No. If there was anything else to it? U were fined so.it can't be thar serious. I wouldn't sweat it.

I entered United States on F Visa (student visa).

After graduation, I got job. The company sponsored my H1B visa and I am working with them

since May 2009. My H1B visa started from January 1st 2010. Got my H1B stamped from my home country.

My only concern while applying is that i was involved in an accident

in my college campus while I was on F1 visa. This happened in March

2008. I was arrested for it and charged with hit and run. It was

latter reduced to striking a fixed object and i had to pay $109 fine.

Does this affect my green card application? I have all the supporting

documents. My university police was involved in this and not the state police.

Should i have any issue due to this on my green card application?

u should disclose it. i doubt it will affect anything.

I am so new to all that and i really appreciate if someone can answer on my question.

I am planing on sending my I-485 and I-130 package tomorrow afternoon but i am not sure if I should pay by sending personal check or money order?

Thanks

personal check is better.. that way you can see when they cash it.

certainly doesn't hurt though.. I followed that guide to the T. included all the evidence i could and filed it. when i went to the interview she had all my information in the same binder that i had it. because of how everything was organized there was nothing that she needed to ask me, that wasn't already included.