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EtherealVocalist

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Posts posted by EtherealVocalist

    A second Interview for adjusting status

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    Nagi :(

    I am so sorry to hear about this second interview...

    My husband and I even went through stokes interview at home ( just for the heck of it ) in case they asked us

    questions like that in our 1st interview... That's how paranoid we were. Well, we were adjusting from the VWP, there is no second chances...

    I believe you and your spouse will come out of it victorious! It might just be a routine interview to go over all of your evidence and just

    asking clarification on certain documents. Love prevails, you'll be fine! :)

    Girls, this is it!

    in Philippines

    Posted

    one clue before we started dating seriously: he wrote me a song for Christmas titled "Dreaming of Amethyste"

    Then, the second clue... when we kissed for the first time, I felt it all the way into my toes...

    HHhhhmmmmmmmmmmmmmmmmmmmmm ;)

    Greencard Approved. I-94 Taken. Travelling before getting card

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    I left the US after my AOS was approved and before I had received my GC. Upon my return I presented my AP with my passport and was processed as normal. The AP was valid.

    I would make an infopass apt and press the importance of the travel. If they do not feel its an emergency, they might not stamp your passport,

    but if you are real convincing, they might ;) good luck!

    aoe help

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted · Edited by EtherealVocalist

    Well... My husband is German, not canadian... I am actually a USC ( by naturalization, but also canadian, born in montreal... :) anyways...

    My husband and I have been into a long distance relationship for 3 +years he kept coming here back and forth using the VWP and always left before the visa was up... After doing this for 3 years, the last time he came to New Ark, the officers took him to secondary screening for 2+ hours!!! They were accusing him of being here to work illegally. he NEVER did that! They went through his cell phone, text messages, went on the net look at his myspace page, facebook page and found out we were in a relationship. Him and I are musicians. I sing and he composes music. We never did gigs together as we both know he cannot work here legally, so we have been releasing CDs through our label. to make a long story short, the officer found my number in his cell phone and called me, misrepresenting himself as a "booking" agent and wanted to book us for a gig and asked me how much we charged. Now, you have to realize that I have been waiting for my then Boyfriend for 2+ hours, i knew something was up, i suspected this was an agent trying to see if i'd slip and tell him our booking fee. How could I? We never did this in the past... I kept telling him that my husband is not allowed to work and we never did this before... then he said he'd get back in touch with us later if things change...

    I was mortified, i knew my boyfriend was being held and I know this must be really scary... They told him that he will never be able to come in the USA under the VWP, they flagged his passport and that "You and your Girlfriend better get your s**t together cause there will be no next time..." Apparently they were real A$$ES and they ridiculed him in front of other people laughing at the text messages we sent each other... Real nice huH?!

    Since they couldnt finid any evidence that he was working, they let him go - He came to meet me at the agreed place in NYC. I was so relieved to see him... This scared us so much that we decided to get married that time he was in the USA. We did our AOS from VWP and we didn't have a problem AT ALL. From the time AOS packet reached the lockbox in Chicago to the day he received his Greencard was 79 days...

    AOS interview bonafide marriage documents

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted · Edited by EtherealVocalist

    Guys, I am gathering documents to show bonafide relationship for our AOS interview next week.

    My main question is: we have hundreds of emails and also online chats from when we were dating. I don't want to print it all ($$$)... HOW MANY emails should I print? A few samples for different time periods? HOW MANY? 10? 50? 100?

    I also don't really want to print online chats... should I?

    Documents I am taking:

    - Joint 2008 tax return

    - Joint health insurance (from my hubby's work)

    - I just added him to my bank account so we won't have statements together, only a letter from the bank saying we have a joint account together. Is that too bad?

    - Pictures of our one year relationship (including a few with him meeting my parents and sibling who visited here, and only 2 of me with his parents, and also civil wedding pictures with one friend only)

    - Joint utility bills: electric, gas and cable bills for 1 or 2 months (got married about 3 months ago)

    - No joint lease (he moved in to my apartment)

    - No joint cellphone

    - I have a train ticket from when I visited him one weekend while he was in college...

    Do you guys think this is enough evidence? Interview came too fast, we thought we would have more time to gather things.

    You might want to add to your apartment lease contract, so that you have prove that you live together. Both of you just need to go to the leasing office and ask them to add your husband's name to the lease.

    I would too - that is what we did and glad we did too cause the IO kept a copy of the lease agreement showing both of our names on there....

    RUN to the office to get that done now! :) Cause I am certain that they will probably want to see that document. She also kept electric bill and joint bank account statements - if you do not have the, a letter from your bank stating that he's on your account is a good thing.

    get married with a tourist visa

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    You should either fly back home and apply for a K1 fiancee visa or, after getting married in the US, apply for a spousal visa (K3 or CR1) which also requires you to fly back home and wait for the visa to be processed.

    The link posted above explains both options.

    If you choose to file AOS directly from the US after getting married be prepared to provide evidence that you did not enter the US without the proper visa with the intention of getting married and circumventing/bypassing US immigration laws.

    SIGH - You can adjust from the VWP. My husband just did. If you marry a US CITIZEN it is ok to marry your spouse and adjust from a tourist visa. We did not have any trouble, the Officer that interviewed us didn't care, nor asked any questions about that. Now, I want to press that to increase your chances of approval at the interview, you must have a clean criminal record ( or anything that might make you ineligible ) and have provided most of all the evidence of bonafide marriage. We went to our AOS interview from VWP with a BOXLOAD of stuff... We had our interview the 21st of April and on the 27th, we got our approval in the mail :)

    Its a chance you and your spouse have to discuss before taking. In the event of a denial, you have no chances to appeal the decision.

    Ethereal - Liebi didn't say you couldn't adjust, just said to be prepared to provide evidence as needed.

    But you are correct, marriage to a USC allows you to adjust from a VWP, as long as there are no other adverse factors that would prevent it.

    Remember, what works for one person may not work for another. :innocent:

    Exactly, thanks Bobby_Umit! I didn't say you can't adjust from VWP (I know somebody myself who did this, but she had to submit a heck of paperwork and do several interviews and I also know somebody who wasn't quite that successful.

    So, to mkw, like I said, you can file AOS from VWP but you have to be prepared at the interview, they might ask you for proof that you didn't plan to do it "this way" (proof could be a lease showing that you still had an appartment in Germany at the time you left to visit, a job that you didn't quit but just took some time off, a paid return flight, also letters from friends and family that explain you just planned to visit before he received new orders etc.).

    ... And as I said, be ready to have a BOXLOAD of evidence coming with you to your interview, as you do not have a second chance to make a 1st good impression on the IO. I mean we were overly prepared, she saw that, she didnt ask us for much evidence... But that's our experience as others have gone through hell.

    AOS approved - if divorced can I marry and stay ?

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    I came on K1 visa and got married in Nov. 07, got AOS in June 08.

    Things are not going good among us and we are on the verge of divorce. My wife (sponsor) wants a divorce for her personal reasons.

    What are my options ? I can still be here till about June 2010 ? If we get a divorce sometime this year, am I eligible to remarry somebody else ?

    In that case, would I have to apply for spousal visa ?

    Already talking about re-marrying someone else?! Oye... you'll have to prove to the officer that you entered your first marriage in good faith. If you sucessfully lift your

    conditions to a permanent status, you can divorce and remarry yes. If you divorce, remarry before your lifting conditions, I am not sure what recourse you have other than filing

    for a K-3... I am no expert. That's a sticky situation with many outcomes. Good luck to you.

    get married with a tourist visa

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted · Edited by EtherealVocalist

    You should either fly back home and apply for a K1 fiancee visa or, after getting married in the US, apply for a spousal visa (K3 or CR1) which also requires you to fly back home and wait for the visa to be processed.

    The link posted above explains both options.

    If you choose to file AOS directly from the US after getting married be prepared to provide evidence that you did not enter the US without the proper visa with the intention of getting married and circumventing/bypassing US immigration laws.

    SIGH - You can adjust from the VWP. My husband just did. If you marry a US CITIZEN it is ok to marry your spouse and adjust from a tourist visa. We did not have any trouble, the Officer that interviewed us didn't care, nor asked any questions about that. Now, I want to press that to increase your chances of approval at the interview, you must have a clean criminal record ( or anything that might make you ineligible ) and have provided most of all the evidence of bonafide marriage. We went to our AOS interview from VWP with a BOXLOAD of stuff... We had our interview the 21st of April and on the 27th, we got our approval in the mail :)

    Its a chance you and your spouse have to discuss before taking. In the event of a denial, you have no chances to appeal the decision.

    I CANNOT BELIEVE IT!!!!

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    Congratulations EtherealVocalist: You have bravely endured this tiresome journey. Its all downhill now. Reading all the previous posts on this topic, I think you have emerged victorious and correct. Maybe I will have some hope for luck after all.

    Wish you both a very Happy life together.

    Regards

    Thank you Saspak! I am touched by your words! I wish you a great route as well! i'll be reading :)

    I CANNOT BELIEVE IT!!!!

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    So today.... I was coming home from work and my hubby was waiting for me on the porch with great news!

    He received a letter from homeland security asking him to appear for his AOS interview on 4-21-09!

    Its hard to believe since we filed all the paperwork on Feb 9th 2009. So in 2 months, 11 days we'll be interviewing!

    I guess if they give us an approval on that day, we wont be needing the EAD or the AP!

    Wow.... I can't believe it!!!! I guess living in the boonies has some advantages after all... :dance:

    Is that fast or what?!

    ohmigosh! u are so lucky! i filed my papers 1st week of feb and i am still waiting for my interview schedule.

    ON 4/27/09 - my husband received his welcome to america letter! all we are missing now is the actual greencard in hand!

    WEEEEEEEEEEEEEeeeeeeeeeeeeeeeeeeeeeeee!!!

    Filing AOS from a tourist visa with an Approved I-130

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    They can question the immigrant intent all they want. Even if they decide there was immigrant intent on entry, they cannot deny an adjustment of status on that basis for the immediate relative of a U.S. citizen. Further, they cannot deny an adjustment for an immediate relative even if they have an overstay or work without authorization. No lawyer required -- it has already been litigated and a precedent has already been established.

    ... Granted that you do not have a concerning criminal record or other things that can make you ineligible. :)

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