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hmh33

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  1. Like
    hmh33 got a reaction from tangrien in Pregnant and about to file for AOS   
    The pregnancy, and your decision about if and when to terminate it, have absolutely nothing to do with USCIS and immigration. USCIS won't care, and you don't need to let any of that influence your decision.
  2. Like
    hmh33 got a reaction from KayDeeCee in Pregnant and about to file for AOS   
    The pregnancy, and your decision about if and when to terminate it, have absolutely nothing to do with USCIS and immigration. USCIS won't care, and you don't need to let any of that influence your decision.
  3. Like
    hmh33 got a reaction from Hypnos in Pregnant and about to file for AOS   
    The pregnancy, and your decision about if and when to terminate it, have absolutely nothing to do with USCIS and immigration. USCIS won't care, and you don't need to let any of that influence your decision.
  4. Like
    hmh33 got a reaction from tangrien in how stupid! I forgot to include payment   
    Shouldn't have done that.
    Really shouldn't have done that. It will just cause confusion at USCIS when they show up, and confusion at USCIS should really be avoided...
    If it's actually "express mail" as you say, it may be possible to get both the application package and the checks returned to you: https://www.usps.com/manage/intercept-package.htm
    I would suggest doing that before they arrive at USCIS, then resending together.
    Or even better, pay for a one-time consultation with an immigration attorney to go over your application package with you before you send it. This ought not to be very expensive, and in your case I think it would be a good idea, because (no offense intended) the face that you made these two obvious mistakes suggests there's a good chance you made some more important mistakes somewhere in the application.
  5. Like
    hmh33 reacted to JayJayH in Getting Married in California   
    NLR makes a good point and I should have specified this.I was under the understanding that you are currently in the US. If you are currently not in the US, you're going to run into a catch 22 - It is legal to adjust status from tourist to permanent resident, but it is not legal to enter the US with intention to adjust status. Make sense?
    In order to enter the US on ESTA, your intent must be to visit, and return within 90 days. If that is not what you intend to do, you cannot enter the US as a tourist. In other words, when the CBP asks you at the airport "What is your purpose for entering the US?" and you answer "To adjust status to permanent resident" you are by default ineligible to enter, and you will be returned back to the UK/Ireland. The CBP will tell you to apply for a K-1 visa - The only visa which explicitly allows you to enter the US with intent to get married and then adjust status.
    Let's picture a different scenario.
    You enter the US with intent to adjust status, but when the CBP asks "What is the purpose of your visit to the US?" you say "Just visiting." Most likely, the CBP will stamp your passport allowing you to visit the US for up to 90 days. The problem is, you just lied to a federal immigration officer - willful material misrepresentation - a crime which, if caught, can result in deportation and a lifetime bar from entry.
    Let's picture a third scenario.
    Jane Doe enters the US on the VWP/ESTA to visit her boyfriend John Doe for 2 weeks. The CBP asks "What is the purpose of your visit to the US?" and Jane Doe answers honestly "Just visiting." The CBP admits her, and she is greeted by John Doe in baggage claim. The next day, John Doe proposes to Jane Doe, and they decide to get married on this trip, and file for adjustment of status.
    Jane Doe was honest when she told the CBP that she was just visiting, but she decided after entry that instead of returning, she would file for adjustment of status. Nowhere did she lie, and no crime has been committed.
    So to specify:
    - If you are currently in the US, you can go ahead and file for AOS after you get married.
    - If you are currently not in the US, and you want to get married and file for AOS, you should go for the K-1 rather than ESTA.
  6. Like
    hmh33 got a reaction from Asia in 10 Years Green Card Holder - Frequent Oversea Travel   
    Getting a reentry permit is the safest option. It's fine to travel to and from the US regularly while holding a reentry permit, and it removes any doubts about your intentions to reside in the US. Yes, having property in the US will also help to prove ties. Be sure to pay your tax returns regularly.
  7. Like
    hmh33 got a reaction from newacct in Concurrent filing for F-1 visa holders   
    Yes.
    No, same rules. (2 year home residency requirement may apply to J-1).
    You can apply immediately after marriage. There will be a period of 2-3 months during which you cannot leave the US without your application being abandoned. http://www.visajourney.com/content/i130guide2
  8. Like
    hmh33 got a reaction from GVMack in USC GOT MARRIED AND WANT TO APPLY FOR ADJUSTMENT WHILE SPOUSE IS IN THE STATE ON A VISITOR VISA   
    Fortunately, they don't need to convince you. In fact, they don't even need to convince USCIS.
  9. Like
    hmh33 got a reaction from Darnell in Could our separate bedrooms be an issue?   
    Even if it comes up, as long as the two of you give reasonable and consistent explanations of the reasons for keeping separate bedrooms (like you just did in your post), you'll be fine.
  10. Like
    hmh33 got a reaction from KayDeeCee in USC GOT MARRIED AND WANT TO APPLY FOR ADJUSTMENT WHILE SPOUSE IS IN THE STATE ON A VISITOR VISA   
    Fortunately, they don't need to convince you. In fact, they don't even need to convince USCIS.
  11. Like
    hmh33 got a reaction from Morningmist in USC GOT MARRIED AND WANT TO APPLY FOR ADJUSTMENT WHILE SPOUSE IS IN THE STATE ON A VISITOR VISA   
    Fortunately, they don't need to convince you. In fact, they don't even need to convince USCIS.
  12. Like
    hmh33 got a reaction from ValerieA in USC GOT MARRIED AND WANT TO APPLY FOR ADJUSTMENT WHILE SPOUSE IS IN THE STATE ON A VISITOR VISA   
    Fortunately, they don't need to convince you. In fact, they don't even need to convince USCIS.
  13. Like
    hmh33 got a reaction from HollyGolightly in attach passport-style photos are not enough when file I 130, 485,131and 765 together   
    Three things could happen:
    1. Your package will be returned to you as incomplete, along with the check. Resubmit it with the correct number of photos.
    2. You get an RFE. Respond with the photos.
    3. You get lucky and somebody at USCIS copies the photos for you.
    You can't do anything until you hear from them - there's no way to submit anything extra now.
  14. Like
    hmh33 got a reaction from Hypnos in Adjustment of Status on Visitor Visa after surrendering GC   
    That plan is illegal and unlikely to work. He'd be very unlikely to get that visitor visa.
    I think you should contact a competent immigration attorney experienced in the field of abandonment. Specifically, ask if they have tried a case involving abandonment.
  15. Like
    hmh33 got a reaction from NikLR in Green Card-No Nationality Listed   
    Your place of birth is a piece of identifying information. It's used to distinguish you from other people with the same name and birthdate. Unlike your nationality, your place of birth can't change.
  16. Like
    hmh33 got a reaction from leberquesuge in Travel on H1B that is close to expiration   
    If the visa is valid, it's valid. And H-1B is indeed dual-intent, so having filed for adjustment of status is not a problem. Why didn't you file for advance parole as well? That would have saved you the trouble of going to the London embassy.
  17. Like
    hmh33 got a reaction from newacct in New here and need help (cruising with green card)...   
    He should apply for a refugee travel document from USCIS. Or naturalize.
  18. Like
    hmh33 got a reaction from Harpa Timsah in New here and need help (cruising with green card)...   
    He should apply for a refugee travel document from USCIS. Or naturalize.
  19. Like
    hmh33 got a reaction from vross in Filing AP with AOS without travel plans?   
    You can put "unknown" or "not yet planned", that's fine when filing for advance parole on the basis of an adjustment of status application.
  20. Like
    hmh33 reacted to d3adc0d3 in K1 immigrant Rights (Out of Status)   
    I'm hard of hearing, and I was in a crowd, so I couldn't hear anything over the crowd -- it was all noise to me. If I could've avoided the situation I would. I don't put myself in a place to be harassed or assaulted.
    Regardless it is NOT my fault that some drunk idiot decides he can't take "no" as an answer.
    The way you're grilling me, comes across like you're blaming me for putting myself in that situation. I don't know if that's your intention but it's rather insulting. It's not the victim's fault for instigating the assaulter -- that's an abuser's mentality. Any human being has the ability to control themselves and not assault someone, we all do it every day... no matter how much we want to punch that superior smirk off that clerk's face. Their lack of self control -- alcohol induced or not -- is not my fault. I was minding my own business.
  21. Like
    hmh33 got a reaction from C-ma'am in Filing for a GC ASAP   
    You must be married before you can file the application.
  22. Like
    hmh33 got a reaction from NevermindVz in I485 is under extended review!!!???   
    That's true, but with a Muslim name it seems like a reasonable bet.
    Sara's comment about the VWP entry has no basis in fact.
  23. Like
    hmh33 got a reaction from Kathryn41 in SameSexMarriage   
    Leaving the topic of same-sex marriage aside for a moment...
    The OP mentioned that it's important for his fiance to be able to travel freely during the immigration process. That points in the direction of CR-1 rather than K-1, as with K-1 the immigrant would be "land-locked" in the US for the first three months or so, until his temporary travel permit ("Advance Parole") was approved. (Emergency Advance Parole is potentially available for dire family emergencies, but it's not a good idea to plan on being able to obtain that).
    Therefore, the obvious path would be for the two of them to first get married (which can happen either outside the US or inside the US e.g. on a Visa Waiver Program visit, as long as it is in a jurisdiction where same-sex marriages are legal). The immigrant must then leave the US, and file for a CR-1 immigrant visa, which typically takes around 9 months to be processed. During that time he can continue to make occasional visits to his husband in the US. When the process is complete he'll be issued a CR-1 immigrant visa. As soon as he enters the US with that visa, he'll become a Legal Permanent Resident, and his passport will be stamped which will act as a temporary green card until the plastic card comes in the mail. He'll immediately be free to work and travel without restriction (except that he must from then on make the US his primary place of residence.)
    I hope that helps clear up the situation a little. As previously mentioned, K-3 is obsolete - it was created as a stopgap measure when the CR-1 process was taking years rather than months. It doesn't serve any purpose for anyone now, and if you apply for one it will just be converted to a CR-1 before it is approved, but will cost more money.
  24. Like
    hmh33 got a reaction from keyser in Filing for a GC ASAP   
    You must be married before you can file the application.
  25. Like
    hmh33 got a reaction from NY_BX in Filing for a GC ASAP   
    You must be married before you can file the application.
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