Alan-and-Ira reacted to JimVaPhuong in I need your advice and i will appreciate it if you can help me .
In order to understand why the responses have been offensive you have to take an unbiased look at what you've done, and the timeline in which you've done it.
You came to the US with the presumed intention of marrying the US citizen who sponsored you. Within a week you broke off that relationship claiming you were abused and went to stay with your aunt. Two weeks later you found a new boyfriend on the internet. Two weeks after that you and he are dating. A bit over 3 months after arriving in the US, you married your new boyfriend.
Any casual reader would see the above scenario as a bungled attempt to manipulate the immigration system. Sorry if that's offensive, but that's the truth.
You can't get a green card based on the claim of abuse because you weren't married to the abuser. You can't get a green card based on your new marriage because you entered with a K1 and didn't marry the petitioner. Unless you have a valid claim for asylum, you have no basis to get a green card and stay in the US. You are currently out of status. If you remain in the US for more than six months beyond the expiration of your I-94 then you'll be banned from the US for three years, and your new husband will need to file a hardship waiver in order to get you a visa so that you can return, presuming your new husband is a US citizen and not an LPR.
You either didn't do your research well enough, or you made a catastrophic series of mistakes in your personal decisions.
Sorry, you have to return to your home country.
Alan-and-Ira reacted to ATPEACE in I need your advice and i will appreciate it if you can help me .
Oh but immigration does know your story, they see cases like this everyday, and it is called FRAUD. The only way out is to go back home before the 194 expires. Your situation is no different than anyone else from a 3rd world country. If you choose to stay, please remember these kind word, your life will never be your own, because you will always be looking over your shoulder to see if I.C.E. is behind you.
Good luck on whichever journey you chose.
Alan-and-Ira reacted to VanessaTony in I need your advice and i will appreciate it if you can help me .
We don't mean to be offensive.. I understand based on your post you've probably been through something hard. Maybe you did love your K1 petitioner but your post, and your willingness to move on so soon makes it appear there was no real love there.
If I were in your shoes, if that happened to me I would have been out of the US so fast. If I had family here to support me I'd go and visit them while I waited for my flight out of the US... maybe to help lick my wounds a bit... but I certainly wouldn't hop online 2 weeks later and start dating someone else.
As sad as it is, there's nothing you can say that will make it seem like you meeting someone online and becoming romantically involved with them 3 weeks after arriving in the US on a K1 visa to someone else, is part of some deeper story. You said we don't know the situation of you coming here, okay, that makes it sound like your union with your K1 wasn't a love union. Your situation... who knows what that means but no matter what you say, you either entered with a K1 for fraudulent reasons, or you plan on staying in the US for fraudulent reasons. I don't know anyone who is actually abused that can move on so quickly.. I assume kudos to you is in order.
You either knew this person beforehand and that makes it look like you used your K1 petitioner to get here to marry him (not knowing the rules stop you from AOSing via this person), or you met this random person online and after 2 weeks of knowing this new person plan on marrying him AND were able to convince him to sponsor you. No matter which way you look at it, it's immigration fraud.
No matter what, you have until your I-94 expires to leave the US. You can never adjust status to remain in the US legally without your K1 petitioner. That was your qn which has now been asked and answered. You must leave the US, you have no choice.
**Edit - I was wrong, you do have a choice. You can leave the US before your I-94 expires and maintain a good standing for visa eligibility, or you can try and stay in the US out of status, unable to leave, unable to work (legally) and roll the dice on whether ICE will catch you.
Good luck with your decision.
Alan-and-Ira reacted to VanessaTony in I need your advice and i will appreciate it if you can help me .
As stated no, it will not work. The K1 visa ONLY allows your to adjust status with the person who petitioned you. You can marry your new bf if you want, but you will be unable to stay and adjust your status. You will have to leave the country and apply for a new visa. If you're married it will be a Cr-1 visa, if you're just engaged it's another K1. Be prepared for this new relationship to undergo a LOT of scrutiny given the circumstances surrounding your meeting.
It looks VERY suspicious that you happen to meet someone else while in the US on a K1 just DAYS after arriving, and then that in the span of 2 weeks of knowing you, you're both in love enough to marry? You also stated he felt "pity for you", that's not love so him offering to adjust your status is immigration fraud (not that it matters here but it's still fraud). Not to mention it's pretty obvious from your post that you went online with the explicit purpose of meeting someone else. It took you 2 weeks to move on from someone you APPARENTLY loved enough to apply for a K1... that alone looks suspicious.
** moved from "Adjustment of Status (Green Card) from Family Based Visas" to Effects of Major Family Changes on Immigration Benefits as this is a more appropriate location**
Alan-and-Ira reacted to Eveline in Where did she go?
I just ate a whole bag of popcorn and didn't even notice . This thread is very entertaining.
@Ken: Have you ever thought that all those ladies might smile at you not because you are such a handsome stud but because they think you've got plenty of money? Apparently for them, you're the rich guy from America and they want out there. I wouldn't just jump into relationships like that, you are going to get disappointed over and over and over again. Good luck.
Alan-and-Ira reacted to VanessaTony in How strict is the requirement to not be out of the U.S. for more than 6 consecutive months?
Your post states you now live abroad. It also states that you do not stay out for more than 6 months at a time, but it does NOT tell us how long you're in the US when you ARE in the US.
Unfortunately I remember a post where someone confused the term "permanent" to mean they are permanently going to be a resident of the US, no matter what. This isn't the case, it means you must be a resident who is permanently IN the US, that's the important part. Your post implies this is NOT the case for you and there's the issue.
Your lawyer has unfortunately given you inaccurate advice. While he is correct that yes, any stays outside of the US for more than 6 months CAN be considered for abandonment of LPR, he has neglected to tell you that your "US hopping" is also a means to revoke your LPR. You are supposed to be living permanently in the US... not abroad so now you have some choices:
- voluntarily give up your LPR now, and apply for CR-1 or DCF when you want to come back to the US permanently
- apply for a re-entry permit, this will give you longer to remain outside the US (up to 2 years I believe)
- move back to the US
As "JustBob" said, you have already violated the terms of the GC, how long it takes for you to be caught.. no-one knows. You might never be caught, you might be caught this christmas.
Also out of interest, you are actually allowed to be outside the US for up to 12 months (not 12 months or longer), 6 months is just the amount of time at which abandonment can be considered, less than 6 months and they can't consider you... I think you're treading a very thin line and I hope for your sake you get to make your choice before it's made for you.
Alan-and-Ira reacted to SimranS in How strict is the requirement to not be out of the U.S. for more than 6 consecutive months?
Whether you actually lose your residency is dependent on several factors, not just your physical length of absence from the USA. You should never agree to sign an abandonment of residency paper if an officer at POE asks you to, because they have to give you a hearing with an immigration judge. The judge will normally look at your ties to the USA versus your ties abroad and determine whether you intended to abandon your residence. Maintaining property and paying taxes is good evidence of ties to the US, as is using a US bank account while abroad, keeping a valid US drivers license, etc. Keep evidence of these things with you when you reenter the USA in case you're asked to show them.
VJ members have reported their experiences in other threads reentering between 6 and 12 months. All reported that they were let in either without any hassle at all or with just a lecture about not being gone for too long. With that being said, there are never any guarantees and it's always safer to never be out of the country for more than 6 months, because an absence of longer than 6 months is usually much more likely to be put under scrutiny. You might be fine at 7.5 months or you might not, it depends more on the mood of the officer that day than anything else.
Alan-and-Ira reacted to TazzingOut in marriage was real now he insists i have to help him finish ROC
While I do understand your frustration and his as well, as you said...it was a legitimate marriage. Have you thought of marriage counseling? It could one save your marriage when perhaps you may not find it possible; if not then you might both at least find away to be friends and save something of the love you once had for each other. Or you may both find that ending the marriage is the best solution for both of you.
However, in the mean time, it would also solve you dilemma of not lying under oath and give you some time to come to a more compassionate solution for both of you. This would still show the legitimacy of your marriage and any separation between the two of you (separate bedrooms/residences) would be clearly not due to an illegitimate marriage but due to do real marital problems which many people experience. This would also allow time for his green card and not put you in any position of dishonesty. Taking the pressure off of both of you as to having an unsure future, while giving you the chance to find out if your problems and the marriage can be resolved. Many people separate in times of martial crisis and seek professional help, this might give you both some relief from the tension you are currently experiencing while not putting either of you in a position of guilt or making a decision that you may regret later.
Although,I realize the situation is tense at the moment for both of you and I am very sorry to hear that you both are having such a difficult time, I just wanted to offer another possible solution that perhaps could make both more comfortable and at least give you both the chance for some happiness either together or separately. I really can understand both sides and sympathize with the dilemma faced by both. I sincerely hope this possible solution is something that could help you both. I am sure you have both worked very hard and been through a lot to reach this point in the process, perhaps this solution would offer a way for all the time and effort on from both of you not to be in vain and can still allow both of you to be treated fairly alleviating some of the stress. This process becomes so much about paper work and evidence, I personally feel sometimes as though the humanity is lost somewhere along the line.
Good luck to you both and may you both find happiness and hopefully a viable solution that can help you both.
Alan-and-Ira got a reaction from magdasal in Another pedantic I-130 question
We included the notarised copies of the affidavits with the English translations (originals we are going to bring to the interview!). For organizing the package we used the plastic folder where we put all our evedence in sections to separated plastic files (like this: Link). The total weight of the package was about 6 lbs! And we made it well through both the USCIS and NVC. :-) The best of wishes!
Alan-and-Ira reacted to spiderpig in Good bye, friends!
Do not give in... everyone makes mistakes and I believe that it wasn't an "Mistake" per say but rather miscommunication.... We all feel frustrated and others more so... The US government is not easy to deal with to say the least and we all need each other here on this site for one thing or another! I read the posts daily and would be lost w/o this site. Sometimes we just need to sit back and rethink what we are about to do and I hope that you do just this... Please don't leave... you are needed here and if you don't believe this. then go back and read ALL of the posts that been made that state just that!
Again, I really hope that you reconsider and are on this site for a LONG time to come!
Alan-and-Ira reacted to TheSahlis in Good bye, friends!
LoTo id like to say ill miss you, and dont think you should quit.
I read the other thread and unless im missing something from the removed comments, i read it as a miscommunication. Itnd to me like didnt sound to me like you were telling that person to do something wrong as much as just asking what they were doing in there visa process.
I for one sure hope that the discussions here dont become these fighting matches, i look at VJ as a group of people going through the same thing together and we can all help each other get through this long and tedious process.
Just my 2cents
Alan-and-Ira reacted to KaashParinda in Good bye, friends!
Don't take opinions that are here personally. This is a forum to help each other out. If someone disagrees with you, fine...its an opinion based on a persons viewpoint and experience. Why do you want to remove yourself from looking at experiences that can potentially help your case? After all, that's why we are all here, right? so we don't pay tons of money to lawyers (of which there are many and many of them of both decent folks and very good at what they do) and learn.
Sit back, read, learn, respond. Someone is bound to disagree with you, take that as a given. But do not leave. That doesn't help anybody, least of all, you and your spouse.
My 0.02 cents.
Alan-and-Ira reacted to Traci - Andrew in I-601 Waiver Advice and Tips
I thought I would share this post from another forum, the author is an immigration attorney called Laurel Scott, I have found that she produces some very sound advice and helps by publishing documents to help others through this I-601 maze..
Anyway I thought I would give Laurel the praise for any of her work I reproduce on this forum as I do not want to be accused of copying or taking credit for her work. (especially as she is a lawyer)
Do not use these words in your waiver packet
Words that should not appear in your waiver packet either in your letter or letters written on your behalf:
When you say that if the waiver is denied, you will be "forced" to go abroad, or decide between spouse and country, etc., it begs the question "who is forcing you?" Presumably you mean the government is forcing you. Some adjudicators may be annoyed by the subtext, responding that it is your spouse's illegal actions that are "forcing" you to make tough decisions, not the government. There's no reason to get into this argument. Just don't use the word "forced" or variations of it.
There's case law that says the waiver was not intended to help people fulfill their hopes and dreams. This is about needs, not hopes and dreams. Realize that hopes, dreams, wants, likes and preferences are not 'needs'. The terms are too weak and when you use them, it instantly makes it seem that whatever argument you are making does not rise to the level of 'exteme hardship'.
Unless you have criminal history, you should not be apologizing for your immigration violations. The vast majority of people who violate immigration law really aren't sorry; if you say you are sorry when you are not, it comes across as insincere. But it doesn't matter since the waiver is about extreme hardship to the qualifying relative and is not about remorse and rehabilitation on the part of the alien (except criminal waiver), so why open this can of worms?
Unless there is an extremely clear-cut case of the immigration violation not being the fault of the alien (e.g. entered the US without inspection as an infant), do not try to blame anyone else for the violation. There's no reason to do that and most of the time it just makes the alien look unsympathetic, as though the alien is unwilling to take responsibility for his/her actions. It will rarely help you (except in extremely clear-cut cases) and is more likely to hurt you. The waiver is almost never about whose fault it is that the alien is inadmissible. It's about extreme hardship to the qualifying relative.
Don't get into an argument with the government about whether it is fair or just for your spouse to be inadmissible after violating immigration violations. It will not help you to get into this argument and may even hurt you because it looks like you do not take immigration laws seriously. Just don't get into it.
This is the most commonly mis-spelled word in waiver applications. "Loose" means "not tight". "To lose" means "to be unsuccessful in retaining possession".
Also Laurel has written this very good document regarding an overview of the I-601 and Extreme Hardship Waivers > Laurel Scotts I-601 Overview
I hope you find this information helpful.
Alan-and-Ira reacted to Ahmed&Rachel in Regretting that I am a US CITIZEN!!
I am truly lost as to what I should say. There are a lot of mixed and raging feelings going through right now that I can hardly even focus enough to put words together, but I will try. I think saying (I am disgusted, revolted, repulsed, sickened and nauseated…etc) would never suffice. This is one of the moments that make me feel ashamed of being Egyptian. Never be ashamed of who you are because you are the innocent. He is the guilty.
It is this piece of filth and the likes of his kind are the reason why genuine relationships are being scrutinized and put under the radar for so long and causing pain to every loving couple who end up in AP or get treated like thieves just for loving each other from two separate places across the globe. I cannot and do not even want to begin to understand how a man can cast away what defines him as a human and emotionally violates a vulnerable woman, using the most wonderful gift in the world as a weapon at his disposal. Turning love into a living nightmare to chain the unsuspected victim just so he can escape bad economic conditions or just belong to a first world country for a change.
How many times it tore my heart to see warnings of Egyptian men fraud on a lot of embassies newsletters (and specifically Egyptian males) because of men like this. I hope they do burn in hell for their deceptions and the damage they have done to their partners and other Egyptians in general.
I am truly sorry for you that you had to go through this. I know that my words are cheap but I hope you would find support in them, or at least know that someone out there knows your pain. I think we have a lot of members who had the same experience and I am sure they can help you through these difficult times.
Please do not drown yourself into depression for someone who doesn’t even deserve a single tear. You have don’t nothing wrong. You loved unconditionally and sacrificed everything for your love’s sake. It just turned out that this love wasn’t true on his side. It is true that you might have done a mistake of not seeing the signs earlier and noticing his desperate attempts to just get a visa, but who am I to judge? We all know how love can blind us and it happened to me personally several times before. I hope other women would read about your experience and open their eyes more and protect themselves against the likes of this jerk. DO NOT let it break and lose confidence in yourself and lose the ability to love again. Wounds do take time to heal. Let it heal and in time we will all pray for you that you will find the true love that a person like you really deserve.
Alan-and-Ira reacted to lissa04 in Regretting that I am a US CITIZEN!!
I am so sorry. If I were you I would contact Canadian immigration and explain to them that he used you to get immigration benefits and that he is using this other woman to get immigration benefits in Canada. I am sorry but he doesn't deserve to be in the two best countries in the world. I feel bad that you have to go through this, but I honestly feel he should not gain any benefits as he was trying to commit marriage fraud. If you go to the embassy or immigration and report him, hopefully they will put a big red flag and deny him permanent residency. I would also contact US immigration as well and let them know this as well since it is a crime. If he is convicted of immigration fraud he can kiss his Canadian residency goodbye. Canada is very strict on people who have criminal records. I know deep down in your heart you still care, but he played you for a fool. You should be proud that you are a US citizen, it's just sad that so many are taken advantage of only for immigration benefits.
Alan-and-Ira reacted to Harsh_77 in Regretting that I am a US CITIZEN!!
I read the saga... but I am sorry there is nothing wrong in being US citizen. You were naive and you did not understand the law right.
Officer at the entry did his job and he was 100% right in denying entry to your husband after honeymoon. When he first got his tourist visa, he did state he was going for non-immigrant purpose.
After marriage that status had changed and so did his intention so his B1/B2 is not valid anymore.
You driving to Vermont and just handing the form to someone and they would stamp it right away - comon that does not work that way.
From begining of the story, you I can tell someone coming to US on B1/B2 as tourist and falls madly in love and is getting married to US citizen, most likely he/she is only doing that to live in US - comon.
Sorry I am rude, but m honest and frank.