Bobby+Umit

The is NO DEADLINE for filing AOS. It is PREFERABLE to do it before the I-94 expires of course to stop going out of status but there is NO DEADLINE. The I-94 date is to get married (and of course dictate whether you are in status or not), that is all.

Actually, IMO, it's a violation of immigration law to ignore the date on the I-94, since that controls your status - indeed, it says so in all the stuff I read about this subject (and the link in my sig says it specifically from the USCIS, as quoted below)

It makes it an "adverse factor". Have enough of those, and your AOS may fail. Adverse factors are taken into account for the AOS. So why chance something you can easily take care of? Why make a long process even harder?

Most people wont have an issue waiting, but it sucks for you if you are one of the minority that gets caught up in it.

Also - as noted before, there are posts where people had issues after waiting 1 to 2 years for the AOS, issues at the airport, issues at road stops, issues with work, travel, etc...

So it would also be, FOREMOST, not PREFERABLE, as you say, to do it before the I-94 expires, so I take that as being the deadline for the filing of the AOS, to avoid any sticky situations that may occur.

Giving people the idea that they can go on after marriage and wait till they are good and ready to send in the AOS is not really a good idea, I believe the push should be, get the AOS done as soon as can, prior to going out of status.

You should know most people, if you give them an easy out, they will take it. How many posts have you seen here where people state "We don't have the money now to do AOS...."?

This isn't rocket science, the costs and methods for AOS are known and out there, it shouldn't be a surprise when people come here on a visa and now have to AOS.

Every lawyer, ICE, CBP agents I have talked (I travel a lot in my job) to have said the same thing, "Protect your status" - as always, this is my opinion, and I that is where I stand on this issue.

But if you disagree with my read on the I-94, and how it's not a violation of immigration law to go past it, please provide links to back that up.

The law is the law, it doesn't go away just because you came here on a K-1, for example, and got married within the 90 days, your still under the obligation of the I-94, and that will never change.

　

A visa is issued by a U.S. consulate or embassy. It allows the person to travel to the U.S. and apply for entry in that nonimmigrant category. The visa is valid for a certain length of time, and the customer may use it to apply for entry while the visa is valid. Having a visa does not guarantee the person will be admitted.

A multiple entry visa is simply a visa that can be used repeatedly to enter the U.S.

A person who is admitted, is granted a particular status based on the visa and is admitted for a specific period of time. Usually the customer is given an I-94 Arrival-Departure record. In the lower right corner, the I-94 shows the nonimmigrant category or other status in which the person was admitted and below that, how long the person is authorized to stay. The period for which admitted often does not match the validity of the visa because the visa serves a different purpose. The I-94 is typically stapled into the customer's passport.

　

A person who violates immigration law can face penalties, including being required to remain abroad for a length of time before being able to return to the U.S., even after they otherwise become eligible for a status.

(source below in my sig - protect your status)

There is no means for him to adjust status except through his wife, as pointed out by others, the cited case is not relevent.

As I said in my post - not sure if your agreeing with me or thinking I said the case was revelent, which I did not.

He DID get married so while he is out of status he is not accruing days until the time of the denial, at least, and may be not then. There is no particular deadline to file AOS, only to get married and he did that.

There is a a deadline for the AOS - it's the I-94, that requirement does not go away, even if you get marrried. There is a recent case here where they person didn't timely file the AOS (at all) and now is looking at a ban because they went out of status and wanted to return to the US after leaving. If they had filed in a timely manner, the I-94 time limit would not be in play, even if it was rejected, they would of had time to go back home before 180 day window.

The AOS was denied- so from that date, they start the clock going again (not sure how soon they applied for the AOS prior to the I-94 going out)

I agree he will probably need to leave but I do not think he has incurred a ban as of yet

I agree on the former, but not the latter - the ban clock is ticking, as I said, and if he goes over 180 days, game over.

I agree with the others - your status is "out of" now. She pulled the 864, killing the AOS, so you revert back to the status you had prior to the AOS, which expired after the 90 days of the initial I-94. (so now you are accruing days - which if you go over an 180 days will result in a ban.

The case of the widow (in the cited case above) is different then yours. The sponsor didn't pull the 864, he just died. All the paperwork was in place, so there was the assumption that she would of been given the GC if he didn't die.

That isn't your case - your 864 was pulled. Your now in divorce proceedings.

By all means, seek out an immigration lawyer. However, unless your wife sponsors you, you have no choice to stay - since you came in on a K-1.

I wouldn't think it would be a problem.

As soon as the divorce is final and she can prove it - she can file for the ROC at that time.

No need to wait for the 90 day window.

If she can prove that the marriage was entered in good faith - she should have little issue in getting the ROC removed. (plenty of people do it).

Can't help on the divorce questions - they vary state to state.

so even if i have SSN i cant work? Cause ive been there 3 times on a work visa :/

You will probably get a SSC that says "Not valid without work permit" (or something similar)

Once you get the work permit (EAD/Greencard) - then you can use it. (once you get the greencard - you can get a new SSC that doesn't state the above).

Well, here's the thing. I have about 5k in saving and she has about 4500k in savings as well. If these assets dont seem to be that much of a difference, why is there a form allowing me to do include any assets?

Assets do make a difference - it depends on the CO that is looking over you case, and what they think is sufficient to prevent a public charge.

Will you assets allow for five years of meeting the poverty level? This could be one of the questions. Every CO is different - depending on the embassy - little could be ok, where in other places, it won't cut it.

Documented income slightly above the minimum requirement is often not enough to obtain the visa. Being below the minimum guarantees failure but barely meeting it does not assure success. It's a somewhat subjective judgment call made based on the totality of circumstances, not simply meeting some minimum requirement.

Concur with Pushbrk -

Is a sufficient I-864 the only consideration for meeting any public charge issues at the time of the visa interview?

No, consular officers also look at other public charge factors affecting the financial situation of the sponsor and the applicant.

Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors.

Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge.

Source

Looks like actual science.

Yes - the paper is ---

However - the take of the daily mail is wrong...

from the actual researcher:

Zunli Lu

anyone knows journalism help me understand this? is this what reporters do these days? Add a conclusion, that they like, to other people's work remotly related to the topic, coin a flashy title, and make big news?

Source

This is an example how people twist things to suit their point of view - it doesn't help.

BTW - current warming is way more than the MWP - so there is that.

The paper abstract doesn't say that the MWP heated up the whole earth - it says this:

This ikaite record qualitatively supports that both the Medieval Warm Period and Little Ice Age extended to the Antarctic Peninsula

Source

(bolding mine)

I would imagine they would need to get more data (from other areas) to claim the whole earth heated up.

With that said - this is very interesting research, and I am keen to see more.

Moved to the proper forum.

I did, but I haven't finished filing this year and I started the company like… 7 months ago. But I don't have time to wait for my tax return to come back before I send these off.

Ok - gotcha.

You will have to go with what you have - however, since you have a co-sponsor - their info is more important than yours.

Depending on the embassy your going through - you may have issues - so hopefully someone that went through there can chime in.

You never declared your income on your personal taxes? (from your company)

If it was over $400.00 - you were supose to - even if you didn't make a company to generate it. (income is income to the IRS)

Shouldn't be an issue - I take it he has a b1/2 visa now?

Maybe because that's what the law says? Read the information on VWP on the Department of State website, it clearly says you can't seek adjustment.

The fact is that USCIS doesn't seem to know...

USCIS is following the rules of the AOS - if you came into the US legally, you can marry and AOS with an USC.

You will need to show evidence for the new vaccinations after arrival - the CS can fill out that part and you can include it with your filing.

I"m confused. if you dont meet the requirements then how can you even file? an extension is only needed if your noa2 expires and will be invalid by the consulate and only if they do not automatically extend it.

Please clarify.

Concur.

If you didn't meet the requirements prior to submitting the petition - you will have to do it all over, you can't do it after the submission.

Which requirement did you not meet?

Thank you very much for your reply!

I have some more questions to ask.

so i can separate from my husband and can find a job in new place.

I think it will take for at least 6 months to file for divorce, and in the meantime i will not have any trouble with USCIS. Is that correct?

Correct.

My husband was laid off before we got married, and he can not land a job since then.

i don't have a joint bank account or joint tax returns. what i have is friends who know about our marrige was in good faith, phone bill which shows both phone number on it and pictures.

i am not sure if they are enough to submit as evidence when i apply for ROC..

You may need more evidence - only turning it in will you find out.

My husband says he will help to sign a joint petition for me.

That helps.

Is it more helpful to be approved than filing ROC by myself with the evidence i have? and After divorce, Can i still have him to sign a joint petition?

Once you divorce, you would be going it on your own.

You can leave when you wish - just inform USCIS when you do (via the ar-11)

You can file for your own ROC, as soon as the divorce is finalized - no need to wait for the expiration of the 2 yr condtional card.

Hi Bobby and Umit. Yilmaz and I sent our packet into VCS on Oct.5th and had the biometrics on Nov. 8th. Still no word.

Congratulations on your good news though!!! California is working fast!!

Are you guys planning a trip to Turkey anytime soon?

Hello!

We just came back from a two week vacation to Turkey saturday.

@RebeccaAndPhil

Our date of decision was 02/27/2012

Seems USCIS liked my package I sent - no interview, no RFE -

"The USPS reported that they picked up mail from USCIS containing your new card on March 2, 2012. You should receive your new card within 7 days."

I normally checked their site each day - but the last week - I figured to wait till the 6 month kicked in.

It does not matter how the income is paid, use that.

Actually - unless the immigrants income continues once they come to the US, it can't be used for the I-864.

(Since it appears she is still in China - I would think this falls under that).

I would also imagine he didn't report his wifes income on his taxes.

However, the immigrants assets can be used.

A friend of mine is from Mexico,

really quick rundown.. to their situation.. they had religious ceremony in mexico (i assume married in church, no civil), she came into USA on tourist visa (I-94, i think.. what ever visa allows Mexicans to visit USA).. they civil married here and she has been here ever since..

now, they want to adjust their status for a CR1/K3.. BUT they think she will not have to leave back to mexico, and she can just AOS here

she has not over stayed the Tourist VISA, she told me she has 6 months to stay (not sure exactly when that started for them)

i told her CR1 is way to go.. but that she would PROBABLY have to go back to Mexico and do the interview over there.. they have a pre meeting with lawyer today, free consult..

was i correct..

I-94 is not a visa - it's a arrival/departure form that shows how much time your legally allowed to stay in the USA (length of authorized stay).

You need a visa to actually gain admittance into the US with this form. (tourist visa is B-2 - and they are valid longer than 6 months - however, your authorized stay is not as long as the visa expiration date, that is determined only by the I-94)

Most I-94s have a six month period - all though this can be shorter, depending on the will of the CBP.

"If" she entered the US legally, she can legally AOS with the USC - no need to file for the CR-1. If they decide to file for the CR-1, she would have to go back to Mexico - after the I-94 expires.

From what you posted - she entered legally - so the AOS is the way to go. However, she may get some noise for the coming here on a visitors visa, but has long as she played the situation straight at the POE/CBP - she should be ok.

Shouldn't be an issue.