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Bobby+Umit

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  1. Thanks
    Bobby+Umit got a reaction from alexsaunders790 in What are your must have kitchen tools/gadgets?   
    pizza stone.
    Can use it for everything - bread, rolls, and it keeps the oven toasty - less gas used.
  2. Like
    Bobby+Umit got a reaction from Ren & Osas in Embassy wants Petitioner at next CR-1 interview. Any advice?   
    Congrats on the interview
  3. Haha
    Bobby+Umit got a reaction from Vbreezy in what kind of envelope/fasteners/stationary to use ?   
    I used paperclips, standard 8X10 file envelope, enclosed in a USPS priority mail envelope.
    Scented stationary, lilac I believe (just kidding). Regular paper
  4. Like
    Bobby+Umit got a reaction from Queeniam1963 in Embassy wants Petitioner at next CR-1 interview. Any advice?   
    Congrats on the interview
  5. Like
    Bobby+Umit got a reaction from Calcif3r in AOS interview checklist   
    Looks good -
    If any documents are not in english - make sure you have them translated. (eyeballing the birth certificates) (all though, they should have that info all ready, no?)
    Getting affidavits or sworn statements would not hurt your case - up to you. (you seem to have a strong case with what you posted).
    Are you going to use your married name from now on? what name did you use on the application?
  6. Like
    Bobby+Umit got a reaction from matoub in remove of conditions   
    You will need to get a divorce first, then ROC yourself.
    As soon as the divorce is final, you can file that same day. (no need to wait the rest of the 2 yrs time left).
    Will it hurt your case about the other issues, hard to say, since she did manage to go through with it, you just need to prove that the marriage was entered in good faith, not that it was good marriage after that time.
  7. Like
    Bobby+Umit got a reaction from user19000 in I-751 Denied   
    You will have to appeal it. The letter should indicate what you need to do.
    This is from the USCIS site:
  8. Like
    Bobby+Umit got a reaction from user19000 in After divorce, what can be done about....   
    It can be withdrawn, if it is requested prior to the case being adjudicated. After that (it's in play, abjudicated), the sponsor cannot "pull" it unless they use one of the four ways as listed above.
    It's up to the SSA if they will allow the use of the spouses qtr's to count. For example, in a case of divorce;
    There is a case posted here on this forum where the SSA refused to use them, so it's probably a case by case basis, depending on the specifics of that case. This is a better link, direct from the SSA.
    She would still be responsible for the beneficiary until that person meets one of the four criteria to remove it. If the beneficiary marries another USC, there will be no new 864 (since the person has a GC).
    Now lets say the beneficiary still needs to AOS, and marries another USC, again, whoever sponsors the AOS would do the 864. Only one would be needed. If the first sponsor pulls the 864 (before it gets adjudicated), the new USC would have to do their own 864 for this AOS. (most likely they will pull it, if they are smart about it)
  9. Like
    Bobby+Umit got a reaction from user19000 in Fraudulent mariage   
    Why is this country messed up? You met this person, you married this person, you brought this person here.
    The country (government) can only do so much.
    You contacted ICE. File for divorce and move on.
    Now that he has the GC - it's really out of your hands. ICE/USCIS will probably not come back to report to you what they decided (privacy laws), but they will contact you if they require more information.
    From what you posted - it would be easy to prove the marriage was entered to obtain immigration benefits.
    If you have a case of physical abuse, then get the police involved.
  10. Like
    Bobby+Umit got a reaction from user19000 in I married the wrong sister   
    For a second there, reading the title, I thought perhaps a different "sister" came over and got married to the OP, then he realizes it... (like twins or something)

  11. Like
    Bobby+Umit got a reaction from user19000 in ABUSE CHARGES - UPDATE   
    Well, that is only fair, remember - in this country, "innocent until proven guilty..."
    If you have the proof/truth on your side, you should have no problem.
    Good luck with your case!
  12. Like
    Bobby+Umit reacted to kzielu in K1 Visa, got married but marriage failed before AOS   
    No - he can't. He can only adjust status based on marriage to his petitioner. Only way is to , divorce, leave, re-marry, get petitioned again and apply for waiver to waive 10-year ban he will get once he leaves US.
    If he by any chance ever said anywhere he is a US citizen (doubt he will be able to hold DL for so long being out of status), then he will never be able to become legal and never be admissable to US again if he leaves.
  13. Like
    Bobby+Umit got a reaction from NancyNguyen in Wife pulled petition without my knowledge   
    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.
  14. Like
    Bobby+Umit got a reaction from TBoneTX in Wife pulled petition without my knowledge   
    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.
    (source below in my sig - protect your status)
  15. Like
    Bobby+Umit got a reaction from sachinky in Wife pulled petition without my knowledge   
    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.
    (source below in my sig - protect your status)
  16. Like
    Bobby+Umit reacted to Gary and Alla in Question for you all...   
    She has no method to adjust status. Go home. K-1s do not become citizens until they have remained married to the petitioner for more than three years and been a US permanent resident for more than three years. She does not even have a means to become a Permanent Resident (green card) let alone a US citizen. It did not work out for her. Thats a shame but the deal was that the benefit was being extended to her as the fiancee/spouse of a US citizen. She is no longer a finacee or spouse of a US citizen. She has no basis to remain in the US.
  17. Like
    Bobby+Umit got a reaction from sachinky in Wife pulled petition without my knowledge   
    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.
  18. Like
    Bobby+Umit got a reaction from soteropolitana in Wife pulled petition without my knowledge   
    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.
  19. Like
    Bobby+Umit reacted to Deputy Purple in AOS application after K1 visa has expired   
    For a K-1 entrant to file for EAD without Filing to Adjust Status is worthless.
    While the EAD can be approved it's expiration will be the same as their I-94 as you can't be authorized work if you're not legally present in the US. Once the K-1's I-94 expires the K-1 entrant isn't legally present (they are out of status) until they have a pending application for adjustment of status.
  20. Like
    Bobby+Umit reacted to Caryh in AOS application after K1 visa has expired   
    You're an out of status alien until you adjust status after your I-94 expires. The problem with not adjusting status is you may not be able to get a drivers license, ID card, Social Security number, etc... until after you adjust. You will not get deported. If you were to get picked up and found to be out of status, you would be brought before a judge who would order you to adjust your status, and then you better get it done. So you're kind of in a legal grey zone of immigration law. Partly considered here legally, but without any of the benefits of being here legally until you adjust status.
  21. Like
    Bobby+Umit reacted to NigeriaorBust in Wife pulled petition without my knowledge   
    You have no way to stay really. You never gained permenant resident status, Your EAD technically became invalid when the underlying AOS petition was withdrawn ( so you may have accidentially accured unauthorized working ) You don't have a VAWA case as there are no reported abuse and for a man being yelled at isn't likely to be accepted. If the marriage is dead then I think you will have to leave. Because you came on a K1 and never got a green card the law is written that you can't adjust status based on another petition ( I am not implying you are in another relationship but if one happened it wouldn't help )
  22. Like
    Bobby+Umit reacted to Leatherneck in Military board says Marine should be dismissed   
    As much as I am not a fan of Obama - the UCMJ clearly states that Marine's conduct is not tolerated and is punishable. That Marine's attitude had to be checked to prevent a break down of order and discipline within his unit and among his subordinates.
  23. Like
    Bobby+Umit reacted to Danno in Military board says Marine should be dismissed   
    Hey Obama is the Commander in Chief, you can't in such a public way dis your first Sergeant, your CO nor the President.
    You want the freedom to do that...... leave the Service.
    We don't time disciplinary action to coincide with peoples enlistment contract.
  24. Like
    Bobby+Umit reacted to Tygrys in Divorce after 3 years   
    You are correct. You're divorce will not change your immigration status in any way.
    You just won't be able to apply for citizenship based on 3 years of residency + marriage, but will be able to do so after 5 years of residency if you desire.
  25. Like
    Bobby+Umit reacted to JimVaPhuong in She stabbed me in the back, any advice how to proceed   
    Be careful of the bolded statement above. You MUST file for removal of conditions before your two year green card expires. If you don't then your permanent resident status will automatically be revoked, and they can start removal proceedings against you.
    If you are within months of your conditional green card expiring then it's highly unlikely you'll have a divorce final before your conditional green card expires. If your wife is determined to make things difficult for you then I can guarantee you won't have the divorce final in time. She can drag the divorce process out for years, if she's determined to do so. My previous wife turned what should have been a simple divorce into a five year nightmare.
    You MUST file the I-751 before your conditional green card expires, even if your divorce isn't final yet. Just fill out the form as if you were self-petitioning based on divorce, include a letter explaining that your divorce hasn't been finalized yet, and include all of the other evidence you would normally include to prove you entered the marriage in good faith. A USCIS immigration officer won't get around to looking at your I-751 for several months. When they do then they'll see you didn't include the divorce decree and they'll issue an RFE for it. They'll usually give you 12 weeks to respond to that RFE. If you get the divorce decree before the RFE window expires then send it in. If you don't then respond before the 12 weeks has expired that your divorce is still pending. At this point, the immigration officer can start removal proceedings, and you'll eventually be scheduled for a master hearing in immigration court. Go to the master hearing and bring whatever documents you have so far related to the divorce. Ask the judge for a stay while you wait out the divorce. The judge will almost always grant the stay.
    In other words, you can delay the process until you get the divorce decree, but ONLY if you follow the rules and file everything when you're supposed to file it, or respond to any requests when you're supposed to respond to them. If you do anything that isn't "timely" then that could blow everything for you.
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