JimVaPhuong

I understand that, but I was talking about new rules considering V visa: This is what I read:

· Siblings of USCs and married sons or daughters of USCs over the age of 31:

o Eligible for V Visa.

o Ineligible for work authorization.

o Authorized admission may not exceed 60 days per fiscal year

o Ineligible to earn points for merit-based visa while in this status.

I am not sure did you understand, but if this law passes it will be new rules considering siblings cause they will cut F4 so they will be able to come and visit for 60 days each yea r which makes sense to me. If I am USA citizen and my brother wants to visit me, then why he needs tourist visa???? He is not coming as tourist, he is staying in my house and visitng his family... I just was wondering is he is going to be able to visit me while in the process of getting here as immigrant because I will be applying for him in July, but then if that process last for years, I would be really upset that he can't come and visit me in years... I know this is all new to all of us, and we don't know still what is going to be, but if someone do understand better then me, or if I am wrong please let me know what you know )

This law will NOT pass, as it is currently written. That's what Aaron was trying to explain.

What you've been reading is a summary of the bill that passed the Senate. The House of Representatives intends to toss that bill in the trash without even reading it. Instead of one all-encompassing bill, the House intends to pass a series of bills, one for each aspect of immigration law they want to change. In all likelihood, Harry Reid won't allow any of the bills produced by the House to even come up for a vote in the Senate. Most House Replicans are strongly opposed to any bill that includes amnesty for illegal immigrants. All Senate Democrats are adamant that there will be no immigration bill that doesn't include amnesty.

In other words, there's a good chance that nothing is going to change.

OP: It is not illegal to have intent to marry when you cross. You don't need a special visa to marry. It is illegal to enter the US on a non-immigrant status with the intent to immigrate. It is against the TOS of this site to suggest any illegal activity and doing that is illegal. So no one here will tell you to do it. Lawyers might suggest otherwise, but if you fail they don't pay the consequences.

Now, if you are in the US, intent by itself is not enough of a reason to deny an AOS case. It is a negative factor that pales in comparison to the strong positive factor of being married to a USC. We tell people this usually to calm them down when they ask "but how can I prove I don't have intent?! I am so nervous! I have X evidence, will it be enough!?" So generally people tell them they don't need to worry about that, and they don't.

But, you are not in the US; you are in Canada. Planning to do this beforehand is actually a dumb move. This is me talking, not the TOS, though the TOS says the same thing. The reason is that if you know in your brain that you are trying to enter on a non-immigrant status with the intent to immigrate, you know you are doing something illegal. You then run a much higher chance for misrepresentation, ie lying at the border than someone with pure intentions. If you lie at the border your AOS can and will be denied. Your nerves will be all over your face and easily detected. And the strong desire to be with your spouse might cause you to lie even more, getting you into serious trouble. So I think it is really a bad plan to try visa fraud.

Best post in the thread!

As Harpa stated, you can't be denied for intent alone. You CAN be denied for lying to any immigration officer.

I'm sure you can think of a lot of scenarios where they might uncover a misrepresentation, but I'll throw one out just to get you started:

Let's say you're crossing into the US one day. The CBP officer says "What's your purpose for entering the US today?". You reply "Just visiting my American girlfriend." CBP officer asks "Any plans to marry on this trip?". You respond "No."

Fast forward six months - you've gotten married and submitted your AOS package, and a USCIS immigration officer is adjudicating it. Marriage license, "good faith marriage" evidence, photos, etc. He notices you had a wedding reception at Joe's Event Center. He picks up the phone and calls Joe's Event Center and asks them to check the scheduling for this event to see that it really was YOUR wedding reception and not simply someone elses reception that you attended. Joe confirms that it was indeed your wedding reception but, to the IO's surprise, the venue was booked a week before you entered the US. You're denied for material misrepresentation - you lied to the CBP officer.

I wouldn't feel comfortable attempting something like this unless I was absolutely certain that I had DONE nothing, and SAID nothing to ANYONE, about my intent prior to entering the US. I wouldn't even discuss it with my fiancee.

Now here's the problem it makes no sense it says Become a US Citizen upon entry", but then one of the requirements is "Live in the Legal physical custody of the American Citizen Parent"

They "live in the legal and physical custody of the US citizen parent" the moment they are standing on US soil with that parent, which can be the moment they step off the plane or meet up with that parent at the airport. They are "admitted for immigrant status" when they clear the immigration checkpoint at the airport. In other words, it's possible for all of the requirements to be met at the airport. In that case, they become US citizens upon entry.

Is that first child listed 8 years old, or 0.8 years old?

There's not nearly enough information here to guess why they placed your case in the FPU, but something about your case stinks enough for them to strongly suspect fraud. Whatever it is might NOT be in your documents. They might have uncovered something in their investigation.

Today USCIS updated that the I-130 withdrawn and I-485 denial. It takes 2 weeks instead of 30 days for the USCIS to update on their computer system.The beneficiary got the Employment card. Anyone knows whether with the employment card he can get his sosial number and driving license? Do they have a computer link system where sosial and the DMV dept. know that the employment card is no longer valid?

Yes, there is the SAVE, eVerify, I-9 Central, and Self Check systems. The Social Security Administration WILL check to determine if his employment authorization is still valid. The DMV might not. It depends on the state.

So i have a question my fiancé has his interview June 24 yay and I was planning to buy his ticket after the interview and one way but my friend that brought her husband from Colombia told me I have to buy a rountrip or I will have to buy one at the airport and he needs it because its a fiancé visa and in case he wants to come back but I had read that one way was ok another question how much we're your medical app so far we are at 240 one more app tomarrow and we are filing Costa Rica

The K1 is technically a non-immigrant visa, but it's a special class of non-immigrant visa - it's one of the few non-immigrant visas that specifically allows the alien to have an intent to become an immigrant after arriving in the US. A one way ticket is all that's required.

I'm not sure what has happened then, the website definitely says the greencard was approved and mailed, so was this someone's error at the office updating the status with approval but not actually having it be approved?

I'm thinking maybe I should send back the RFE info to them for the work permit and wait a little longer and see what happens then.

If I call them, I'm not sure how I could explain my problem to them. Should I say that my status says his GC is approved but it was before the biometrics so there must be some mistake?

Agreed. It's virtually impossible to approve AOS without biometrics since the photo taken at the biometrics appointment is the one used on the green card.

BTW, the system you use to view your case status online is called CRIS, or Customer Relationship Interface System. It's not the REAL system that USCIS uses to manage cases. The real system consist of multiple networked systems collectively called CLAIMS, or Computer Linked Application Information Management System. It would be considered a security risk to allow customers to have direct access to the CLAIMS systems, so the CRIS system only contains a very small subset of the full case information contained in the CLAIMS system. It's quite common for the status codes in the CRIS system to be wrong, or for the status record for a particular case to be missing entirely from the CRIS system. This is because data is transmitted one-way from CLAIMS to CRIS automatically after being chewed on by some filtering scripts. Nobody reviews it, and in many cases nobody corrects it even when errors are discovered. Nobody at USCIS depends on the CRIS system to contain accurate information, so nobody really cares if it doesn't.

They know U departed when the airport of country U arrived immigration

stamps U entering that country with date.

Not necessarily. An entry stamp into a country other than the US is evidence (but not proof) to the US government that you departed the US sometime before that date, but it's not evidence of exactly when you left the US. For all they know, you could have stopped over in another country for six months before entering the country that stamped your passport.

This is almost never relevant to a US citizen departing the US, and only relevant to an alien in certain circumstances. For example:

1. You're a non-immigrant, and you want proof you didn't overstay on your last visit to the US.

2. You're a non-immigrant, and you overstayed on your last visit, and now you want proof that you've been absent from the US long enough to have satisfied your reentry ban.

3. You're a permanent resident, and you want proof that you didn't stay outside the US long enough to have abandoned your residence.

FWIW, CBP started phasing out the I-94 arrival/departure record in April of this year. Most ports of entry should have already phased in the new electronic system. They'll stamp your passport with your arrival info, but your I-94 data will now be recorded electronically. When you depart it will be matched electronically with passenger manifests which must be provided to DHS by law by every land and sea carrier.

If you've arrived after April or May, 2013, and you want to obtain your arrival/departure information electronically, then go to:

https://i94.cbp.dhs.gov/I94/

Ha, I sure got my share from friends and relatives about "she" just wants to marry me to come here.

My relatives never had any doubts that Phuong and I were the "real deal". In fact, my sister and her husband even went to Vietnam to represent my family for the traditional engagement ceremony. My mom, who lives with me, discretely encouraged me to pursue the relationship for more than a year, and she's gotten along famously with Phuong and her kids since the day they arrived more than 3 years ago. When Phuong comes home from work she usually goes to my mom's room to visit and say hi before coming to say hi to me.

My two best friends were a different story. Both warned me, loudly and repeatedly, to be careful because I was "probably being used for a green card". Interestingly, those friends are both immigrants - one from eastern Europe and the other from South America.

If you enter with a non-immigrant visa then it's likely you'd have an I-94 in your passport. The carrier is supposed to collect those and turn them in to DHS, who would then record the departure. Other than that, they don't really closely monitor departures. They're more concerned with people entering the US.

My wife's interview was in 2009, so it wouldn't be recent. Back then they didn't allow petitioners into the consulate, so I had to wait outside. The only thing I know about the interview is what my wife told me. We didn't write a review because her interview was apparently very brief - four questions, and the first was "Do you speak English?". The most time consuming part for her was when they went over her evidence that her two teenage kids were really hers. They took her into a separate room to go over that evidence. She was in the consulate most of the day, but she spent the bulk of that time just waiting for her name to be called.

I have my own personal theories about why my wife's interview was easy compared to many others.

1. She lucked out and got the "white American man" CO, who was regarded at the time as being a relatively easy CO.

2. We addressed all of our red flags in the original petition package.

3. Mr. Nam, the associate of the attorney Marc Ellis, prepared my wife's documents for the interview, and also helped my wife prepare for the interview. Mr. Nam's staff has a unique way of preparing and organizing the documents that I believe the consulate staff immediately recognizes. I believe this might help at the consulate because it might give the impression that the applicant is well prepared, but I have no solid evidence to back this up. Not everyone who hires Mr. Nam is successful.

Things have changed since my wife interviewed in HCMC. Maybe someone with a more recent interview will chime in. I peek into this sub forum once or twice a week, but it seems like it's been kinda dead in here lately.

Thank you everyone for the replies! I do not wish to go down the road of using the abuse to my advantage as I believe I would have a stronger case trying to prove a valid marriage than an abusive one and don't really want to drag my soon to be ex husbands career down the toilet either because he would make my life a living hell..

From what I can see here from the replies my best bet is to remove my conditions alone and submit as much evidence as possible of a legit marriage? and if all else fails I could always consult an attorney later on down the road right?

Thank you so much for keeping the replies professional and respectable! I was a little worried about posting because I know how easy and quick people can be to judge and go off topic! Many many thanks everyone!

Actually, it's not a matter of choosing between proving a valid marriage or proving an abusive marriage. There are four bases upon which you could file an I-751 without filing it jointly with your spouse:

1. Your spouse has died.

2. You entered the marriage in good faith, but the marriage ended in divorce or annulment.

3. You entered the marriage in good faith, but you were abused by your spouse.

4. You would suffer extreme hardship if you were removed from the United States.

The two bases you're referring to are #2 and #3. Note that both of these require proof that you entered the marriage in good faith. #2 additionally requires proof that you've divorced, while #3 additionally requires proof that you were abused. Proof of divorce is simply a divorce decree, which is dramatically easier to get than proof that you were abused. Proof that you entered the marriage in good faith is the same in either case, but you've got to prove you had a valid marriage regardless.

Don't even consider basis #4 since the nature of the hardship has to be extraordinary, such as your life would be in extreme danger, or you're permanently connected to a life support machine at a hospital in the US, or something equally extreme.

They do rely heavily on financial evidence. First, that sort of evidence usually comes from a credible third party (a bank or utility company, for example) who has no vested interest in your success or failure removing conditions, so USCIS usually considers that sort of evidence to be reliable. Second, USCIS usually considers the relationship to be more likely legitimate when both spouses have access to each other's finances and credit. A fraudulent couple would probably be reluctant to allow their faux spouse into their bank account. If you have no financial evidence then you'll need a very convincing explanation why not.

My wife and I have joint bank accounts and we've filed joint tax returns, but we don't have too many bills with both of our names on them. I explained that nearly all of the bills we've got are accounts I've had since long before I met my wife, and I didn't see any point in adding her name to them for no reason other than to have her name on them. I didn't add her name to the deed of my home because the mortgage is underwater, and if I file a quit claim to change the deed then the mortgage company would immediately call in the loan. That appeared to satisfy them since they approved her removal of conditions.

The other thing they like to see is proof of co-residence. This generally means documents with both you and your spouses name on them, as well as your shared address. Those documents are more reliable if they come from a credible third party (again, like a bank or utility company).

Sworn affidavits are often also submitted, but they are considered the least reliable form of evidence because the person submitting the affidavit usually has a vested interest in seeing you succeed (e.g., they are a friend or family member), and there is a presumption such a person might be willing to lie for you, even under oath. However, in your case if your divorce is amicable then I would recommend talking to your husband about submitting an affidavit on your behalf. Immigration officers are used to getting accusations of immigration fraud from disgruntled US citizen ex-spouses, so getting a positive affidavit from your husband would add credibility to your claim that you entered the marriage in good faith.

Not sure how country specific these things are but I wasn't tested for hepatitis, nor were hepatitis vaccinations required. (Although I had had those.) If I've understood correctly, they can't even deny you a visa if you are HIV+. They did require a negative blood test for syphilis though. Go figure.

HIV used to be on the CDC list of "communicable diseases of public health significance", and they used to deny visas for people who were HIV positive. They removed HIV from the list in 2009, not because it's not a threat to public health, but because the disease is not transmitted by casual contact and most people who are infected will take precautions to help ensure they don't infect other people. A lot of badgering from the gay community may have also played a role in removing HIV from the list.

The CDC is responsible for maintaining two lists that can cause a medical denial of a visa. One list is for diseases that the intending immigrant might be infected with, and the other is for preventable diseases for which the intending immigrant must be vaccinated (some vaccines are not always appropriate for some immigrants).

http://www.cdc.gov/immigrantrefugeehealth/exams/diseases-vaccines-included.html

Okay so my dad was granted permission to immigrate to the US in 1994 (if I remember right) and he was allowed to bring his entire family as well (mom, my brother and I). It's because he worked for a US company during the Vietnam war and from what I was told, the company sponsored him or something like that to come to the US after the war was over.

At the time he did not want to go. Now almost 20 years later, can he and his family still move to the US? Is it way too late?

This might be a long shot but I'm looking for advice from people who have been in similar situations.

I'm having my brother to look for the paperwork (that he received in 1994 when dad got approved) and will consult with an attorney. In the meantime, if anyone on here has any input, I would be happy to hear!

Thanks!

The question is too vague to provide any concrete answers to. You must find out exactly what was filed and by whom.

212.a.6.c.i has to do with fraud. A denial under this section of the INA means that the alien has been accused of fraud, and determined to be ineligible for any sort of visa to the United States.

You are very fortunate that the consulate has decided to grant a second interview. I don't quite understand the whole church conference thing, but I recommend that you obtain any documentation you can that will clear up this situation. They obviously believe your fiance lied about some aspect of the visa application for that conference. If you understand precisely what it is that they believe he lied about then you need to obtain documentation that proves he did not lie. If your fiance fails to convince the CO then the visa will be denied and your petition will be returned to USCIS with a recommendation that the approval be revoked. If that happens then the accusation of fraud will become a fact, as far as the US government is concerned, and your fiance will never be eligible for any visa to the US.

Your best chance is to get this cleared up now at the consulate.

Our lawyer sent us a picture by email of what the RFE says, but not all of it. It requested one specific kind of passport photo from each of us and the photos must be taken within the past 30 days. We're not sure if the deadline is 30 days, though, as that part isn't shown.

Passport style photos are required with the G-325's, which both the petitioner and beneficiary should have submitted. You evidently didn't submit the photos with the G-325's, or the photos you submitted didn't satisfy them. They're usually pretty flexible about the photos (my wife's photo was a half inch narrower and a half inch taller than the US standard, and the background was light blue instead of white, but they still accepted it) but they'll still ask for another one if the photo is severely out of spec.

A high resolution scan printed locally on photo quality paper will work fine. It doesn't have to be a photographic original.

The standard deadline for RFE's is 12 weeks, or 84 days (unless the RFE is related to an I-539 or I-601A filing). They allow three additional days for a response by mail if the original RFE notice was sent by mail.

I recommend you lean on your attorney about providing complete copies of all correspondence he receives from USCIS. Attorneys are busy, and they aren't personally affected by the outcome of your case. They often make mistakes, and you can't catch those mistakes without complete information.

Green card interviews for K1's are usually pretty easy. If I recall, they asked for the passports, original marriage certificate, and original birth certificates. After that, there is a bullet list of questions on the I-485 that the immigration officer rattles off and wants a "no" answer from the immigrant on each one. My wife and step-kids didn't speak English well, and we brought my wife's niece - her sister's daughter - to translate. These questions were pretty much the only thing she needed to translate. After the questions the IO asked if I brought a letter of employment, which I provided. She also also asked if we brought any photos, and we passed her two photo albums - one with pics taken in Vietnam, and another with pics taken in the US. She spent at least five minutes browsing through the photo albums. She asked if I had anything else I wanted to give her, and I handed her a pile of bills, insurance EOB's, and other standard evidence stuff. She didn't even look at it, and just asked if she could keep it. I said yes, and she put it all in my wife's file, and then she signed the approval form and handed it to us.

We also interviewed in San Francisco. We're south of you in Hayward. Send me a PM if you need someone to translate. We could probably hook you up with someone. My wife has quite a few family members and friends in the area. I'd guess they'd do it if you bought lunch.

I am sorry for your loss.

Why can't she still fly to the USA? I know that she will not be able to fulfill the K1 because of the death but getting a tourist visa will be next to impossible. Why not use the K1 to fly, spend time with the family, get some closure and then fly back before the 90 days is up so that you will not be here illegally?

Just a question.

The approval of the petition is automatically revoked if the petitioner dies. 8 CFR, section 205.1.

The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:

...

(3) If any of the following circumstances occur before the beneficiary's or self-petitioner's journey to the United States commences or, if the beneficiary or self-petitioner is an applicant for adjustment of status to that of a permanent resident, before the decision on his or her adjustment application becomes final:

...

© Upon the death of the petitioner,

There are two circumstances where the approval of the petition would not automatically be revoked, or the approval could be reinstated, but neither are worth mentioning because they don't apply to the OP.

If neither USCIS nor Department of State are aware of the petitioner's death then she could probably get away with using the visa, but I don't think it's worth the risk. If the facts become known later then it could result in a finding of fraud against the OP, and it could make her permanently ineligible for any visa to the US.

He has a great chance, The Ukraine lady in 2012 does not have anything to do with this one, I would just think that they will ask questions, like how do you know this one will work, etc.

Aslo I am not forsure if they still have this limit but before they had a limiti of two K-1 visas, after that you did have to get a waiver, while this does not not apply here, it is something he should look into incase this one does not work out.

Also He only wants to make one trip, not a problem as long as he has good documentation of a relationship.

The waiver is still required if the previous K1 petition was approved within two years of filing the current petition.

SSI is a means tested public benefit. It cannot be considered as income for an affidavit of support. Also, SSI has a strict asset limit of $2000 for eligibility. Those SSI benefits may be in jeopardy if Department of State decides to forward a copy of that I-134 to the Social Security Administration.

Both DoS and DHS policy specifically allow for real estate equity to be considered as an asset for an affidavit of support, but neither agency requires the CO or IO to consider it. It used to be common for them to accept real estate as an asset because there was a presumption that the equity could be converted into a line of credit. Ever since the real estate crash they no longer make this assumption, and there is an increasing tendency for them to not consider real estate since equity lines of credit have all but disappeared, and getting any cash out of the house most often would require selling the home, which both DoS and DHS would consider an undue financial hardship.

212(a)(5) is a catch-all. When a consular officer doesn't believe that the relationship is legitimate then they often cite 212(a)(5) because if they've determined the beneficiary isn't eligible for a K1 then a work visa is the only category left they could apply for, and citing 212(a)(5) indicates they don't have the appropriate labor certification for a work visa. It may seem an odd way to do it, but the consular officer needs to cite a specific class of inadmissibility when they deny a visa, and there isn't a specific class of inadmissibility for when the consular officer uses their discretion to determine that a relationship isn't legitimate.

Thank you so mcuh for the information. What are the steps we need to do? How do we do the paperworks? My parents have no clue what documents need to file? Thats why its been delayed for 2 years. Please give me some insight. Thank you very much.

Normally, when it's been more than two years since the wedding I would usually recommend that an I-130 be included with the K1's I-485. The reason for this is to bypass the two years of conditional residence that is statutorily required for people who adjust as a K1. However, in this case I believe that would be a mistake. An I-130 would mean the K1 is adjusting in the IR1 visa category, which would make the K2 ineligible to adjust status.

Follow the K1 adjustment of status guides:

http://www.visajourney.com/forums/index.php?autocom=custom&page=k1k3aos

and the additional tips for K1:

http://www.visajourney.com/forums/index.php?autocom=custom&page=k1aos

and K2:

http://www.visajourney.com/content/k2-visa-adjustment-of-status-tips

Ignore the section titled "Older K-2 Visa adjustees". That comes directly from the pinned thread, which as Hypnos has pointed out, that pinned thread is out of date in this particular area.

A K1 who married within 90 days of entering the US remains eligible to adjust status virtually forever, as long as they're still married to the K1 petitioner. There is no requirement for the K1 to adjust status within any specific window of time. Likewise, a K2 derivative remains eligible as long as the K1 is eligible. This is presuming neither the K1 nor the K2 do anything to make themselves inadmissible to the US, like committing a felony. The BIA decision eliminates the possibility that a K2 who entered the US before they were 21 would ever age out, PROVIDING that they are adjusting status as a K2 and not under any other visa category.

There are plenty of people here who entered the US with a K1 or K2, and who successfully adjusted status well after their I-94 status expired. My wife and step kids are examples. We waited several extra months after their I-94's had expired because I had to pony up the dough for AOS fees for three people, and it was convenient for me to wait for my tax refund in order to pay for it.