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familyguy

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Posts posted by familyguy

  1. So, in the end, can I safely reenter the country after leaving it the day after having entered it and having had my I-551 endorsed? This is my proposed timeline

    29th July enter the US - Have the CR-1 visa endoresed/stamped at POE

    30th leave for Jamaica

    5th of August coming back to the USA.

    thanks!

    Yes, you are free to travel outside U.S. No advance parole necessary for travel outside the U.S. CR-1 visas are multi entry. Once you get processed at the POE - you receive a 1 year stamp in the passport that validates the CR-1 visa, turning it into a temporary green card (I-551 document)

  2. .....What should we do now? Will writing to congressman help for our situation?

    Thanks for any advices!

    Unless he is a licensed attorney it is a waste of time. F1 to AOS presents a number of problems that are not encountered by other AOS applicants. You need to retain the services of a competent attorney that has knowledge of this area.

    For an overview of the difficulties you might find it worth your while to read this link

    http://www.murthy.com/news/n_f1saos.html

    Good luck on your journey

  3. Seriously, how is this bloody fair? My husband and I followed the law exactly and we just passed our 6 month anniversary apart with another 2 months at least to go. You break the bloody law, and as a reward, you get to bloody STAY?!?!?!

    THIS IS ABSOLUTE #######!!! :angry::angry::angry::angry::angry::angry::angry::angry::angry::angry:

    No wonder 9/11 happened. No one bloody cares about illegal immigrants.

    You do know that a mental illness requires a waiver right? :unsure:

    Find out the difference between an illegal immigrant (ie one who enters without inspection) and an overstayer. Once you get your head around that one, edumicate the rest of us as to what exactly 9/11 (the perps of which were all legally admitted) has to do with anything other than your frustrations. It is offensive.

    Your post may be a vent but adds nothing of value to the valid question raised by the OP.

    In answer to the OP I confirm what others have said do NOT leave the USA until your green card is in your hand. The LAW is that "generally" overstay and unauthorised work (with certain caveats) are forgiven upon granting of AOS. I am osrry that you were subjected to the rants of an uniformed person.

    Good luck on your journey.

  4. I was given 90 days on my VWP, date for leaveing is August 3rd as stated in my I 94 W. I filed for all my paper work on January 28th. the time that I was out of status is 178 days correct?

    No, you are STILL out of status and an overstayer accumulating unlawful presence until your application for AOS is approved/denied. You are merely "protected" from removal until your application is determined one way or another.

  5. I fully understand that he was looking for anecdotal evidence and I was pointing out that it is pointless for him to do so as he can not rely on it in any way.

    I have made the math and I have stayed exactly over by 178 days! what would this mean?

    :wacko: How do you calculate 178 days?

    According to your timeline US Entry : 2009-05-03

    VWP is for a Maximum of 90 days we do not know if you were given that long or not - what is the date stamped on your I 94 W?

    Working on the assumption that you were given 90 days then you were out of status from 3rd August so you are as of todays date in an overstay of 239 days. That means a ban of 3 years. And in addition if there has been any unauthorized work there could also be a ban for 5 years.

  6. Chances are they were denied entry. Whilst I sympathise with your plight, searching for the answer you want to hear is unlikely to help you any way. Even if 34 people post they were readmitted without a problem it has no bearing whatsoever on your position. It is NOT advisable for you to leave the USA until you have a green card in your hand. Any possible ban is dependant on the length of overstay.

  7. Relax. Intent to marry within 90 days is required, but once the fiance(e) enters, failure to get married within 90 days does not eliminate the opportunity to later get married and file for adjustment of status, but your K-1 status will expire.

  8. Thank you Sunny4567. That is the type of entry experience im trying to avoid her having to go through. Ok so, have good proof, round trip ticket for a reasonably short stay and give as little info as possible.

    Im a bit conflicted on the part about getting a lawyer. Ive heard they can be expensive and if you closely follows the guides from this website it can be done cheaper and with less stress than waiting on the lawyer to keep you up on things.

    Well i'll look into that a bit further down the road. I dont want to take this thread too far off topic. My main concern was working within the rules of the Tourist visa/VWP to spend time and visit each other for now. Ive learned a lot already. :)

    A lwayer is in most cases not necessary if you can follow simple instructions and have an eye for detail. If there is anything out of the ordinary then it is advisable to at least get a consultation.

    The answer to your original question is really there is no answer. We all have different experiences and whilst there are guidelines that are meant to be followed the truth is sometimes they are and sometimes they are not. As with all things pertaining to US immigration/visiting it is all pretty much of a lottery and down to how pi$$ed off a particular officer at the POE is on that particular day.

    Not perhaps a particularily helpful answer to you but from someone who first visited the USA way back in 1988 and has had experience of multiple entries it is alas the reality of life.

    As an aside it may be worth her while considering gatewaying in Ireland where she will clear Immigration and customs before boarding the flight. At least if she is ever denied entry she wont have to endure an atlantic crossing.

    Good luck on your journey. I wish you both well.

  9. Im sorry you'll have to clarify what a VWP country is. I wasn't referring to a business visa. Nor did i mention that. I am talking about her coming here strictly as a normal tourist to see how she likes America and if the move is really the right thing to do.

    VWP = Visa Waiver Programme. You indicate she is living in the UK ( and presumably a UK Citizen?) If she is NOT in fact a UK citizen then you need to say what citizenship she holds as the answer may be different.

    As a UK citizen (or indeed a citizen of any other VWP participating country) she is entitled to use the VWP and it is therefore highly unlikely that she would be granted a B visa (Tourist). Her stay on the VWP is limited to 90 days; always assuming of course that she can convince the officer at the POE to let her in. If not then there is no right of appeal and it is back on the next plane home.

    6 months is not realistic in the circumstances as described. There are one or two exceptions ie snowbirds that do get a B visa granted but they are very few indeed. Of course she may be taking a private jet instead of a commercial flight in which case she would have a good chance of having the visa granted as that is one of them. :P

  10. Given the weather we have experienced on the NE seaboard over the past week and the number of days that Federal Offices have been closed, what happens to all those that were due to be interviewed on the days the offices were closed?

    It does not have any effect for me I already have my 10 yr GC but I cant help but feel sorry for those who may be pushed back in line through no fault of their own.

    Does anyone have any clue how this is dealt with?

    Has one here been a victim of the weather?

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