Schwez

Most of us would be familiar with the notion that most states will set the expiry date of your drivers license to whenever your visa / green card / status expires.

My license expired 3/31, same day my 2yr conditional green card expired.

I moved from Kansas to Illinois on April 2 and took myself to the DMV to get a new Illinois license.

I had my expired GC and the NOA letter stating my status is extended by one year.

The guy at the DMV told me I could not get a license until the new green card arrives. This could be up to 8 months away!!

Does anybody know a way around this??

G'day fellow VJers!

March Filer checking in...

I751 with Divorce waiver.

Package mailed: 3-11-13

NOA: 3-14-13

Biometrics: 4-17-13

Here's an interesting tidbit....

2 weeks after filing, I relocated from Wichita KS to Chicago IL.

I changed my address with USCIS and then realized I needed to change the ASC location for my biometrics appointment which is set for April 17 in Wichita.

I called USCIS and the guy told me there's no need to make a new appointment. Just turn up at your closest ASC (in my case Chicago) at the specified time and it will be automatically updated in the USCIS database that you honored the appointment.

Hope this is helpful to those that relocate between filing and biometrics.

You will be fine. No need to supply evidence for more than most recent year.

We got RFE'd as my wife fell below the 125% requirement. We had her father go in as a joint sponsor.

Took a day to get another I-864 filled out for him, and copies of his tax information together.

Mailed it all with the RFE letter from DHS. The EAD and AP approval arrived in the mail just over 30 days later.

It was a bit of a worry at first but all worked out ok.

I am filing for Adjustment of Status based on marriage to a US citizen.

My new father-in-law will be a joint sponsor for the purpose of the Affidavit of Support as my US citizen wife is currently unemployed.

Instructions state that the joint sponsor must furnish a copy of his most recent federal income tax return with his completed form I-864

He is very reluctant to provide a copy of the entire return and wants to know if a copy of just the W2 from his employer of over 10 years, and a letter of employment from his superior will be evidence enough?

I'm trying to encourage him to also obtain a transcript 'summary' of his income details for the past three years. He can get this from his tax accountant.

Thanks

I was able to successfully obtain a 6 month B2 visitor visa for the purpose of visiting my USC fiance.

The key to this success was the timing. I got it BEFORE my US Citizen (USC) fiance submitted the forms & paperwork for the I129F portion of the process (petition for alien fiance). This is basically the first step towards getting a K1 visa.

I stayed here in the USA with my fiance for the whole time awaiting approval of the I129F. We were able to get all the paperwork and relationship evidence collected together, 'together'!

I actually return to Sydney Australia this Thursday to attend my K1 visa interview at the Sydney consulate before returning to the USA to get married.

Just make sure you are totally honest with the consulate when applying for the B2 and state on the application form that you are visiting your USC fiance. If you hide this fact, they will deny you the visitor visa as they will assume you plan to stay permanently on the visitor visa.

Good Luck!!

Filing I129F today! The wad of paperwork is an inch thick.

The journey begins....

Best of luck to all other December filings, and thank God for shorter processing times!!

Schwez

Update!!

Ok so I thought I'd share my experience at the US POE.

Remember that I'm a B2 holder from Australia, visiting my fiance who is a US Citizen.

I flew into LAX last Sunday morning (18th Oct) and typically, the line for immigration processing was long and snaked its way around the room. Murphy's Law prevailed this morning, especially seeing as I only had an hour and 20min to make my connecting flight to Denver!

On reaching the BPO, I was asked the following questions:

-What is the purpose of your visit? (Spend time with fiance and her family)

-Do you have a return flight? (Showed the officer the paperwork for outgoing flight March 2010)

-Do you have a job? (Not currently. It is seasonal and I have a letter from my employer showing I have a job offer back in Australia for winter 2010)

-That's a long time to stay. Are you planning to change status while you are here? (No)

-Have you been to the USA before? (Yes. Showed him previous B2 visa in passport.)

-Did you apply for an extension? (Yes)

-Was it approved? (No it was denied)

-So you were denied and just left the USA? (Yes that is correct)

-When do you plan to get married? (Sept 2010)

-Will the wedding be held in the USA? (Yes)

He stamped my passport and I94 til April 2010. I was admitted for the full 6 months.

Laura and I were reunited later that day (to her surprise!) after 5 months apart.

Now we begin the K1 fiance visa process together!

I just wanted to give you an update! Firstly, thanks for your replies!

I had the visa interview yesterday for my B2 visa at the Sydney consulate. I disclosed everything on the application form, particularly that my fiance is a US citizen, and the purpose of the visit was to visit her and spend time planning a wedding. I also disclosed that my previous B2 visa extension application had been denied. (Why did I disclose this? One of the questions was 'Have you ever been denied a visa or been present in the USA in violation of the law'? The denial of the extension left me out of status therefore I had to answer YES and provide details).

As always with your applications, HONESTY IS THE BEST POLICY! If you disclose everything that you fear MIGHT get you denied, you are far better off than if you were to hold back information. It can return to bite you in the butt later on!

I was asked the following questions by the consular officer:

-What is the purpose of your visit?

-How long do you plan to stay for?

-What does your fiance do for work?

-What do you do for work?

-Are you currently employed?

-Are you able to support yourself for the duration of your stay? (I supplied copies of bank statements going back 2 months)

-When do you plan to get married? (September 2010)

-What is your overall plan for the future?

To the last question, I answered "My fiance and I plan to marry in the USA in September 2010. During this visit, we will file for the I129F. I will then be returning to Australia to attend to my affairs before returning to the USA on a K1 visa around June 2010.

The CO then made it explicity clear that if I'm found to have misrepresented myself in front of a CO today, it could be grounds for a permanent ban on entering the USA. Basically he was warning me not to marry and attempt to change status on this B2.

Finally he smiled, and informed me that the visa was approved and that I'd have it in a few days.

Tell the truth, people! Disclose everything! Do not attempt to hide any facts!

Isn't the petition initiated by the employer?

Unlike the H1B visa, the employer does not need to put in a petition for alien worker. All that is required is a job offer letter and a completed LCA (Labor Condition Application).

My worry is that the CO will see that I've previously visited that city to see my girlfriend (now fiance) where the job is being offered.

Would there be grounds to deny the visa based on the fact that my fiance resides in the city where the job is?

I've been offered a job that relates to my Communications degree in the city where my fiance resides.

As I am an Australian citizen, I am eligible for the E3 work visa which is similar to the H1B and alot easier to obtain.

My question is this:

When I apply for the visa, will the consulate view unfavourably that my fiance lives in the same city? I'm worried that the visa will be denied based on this fact.

Has anybody been in a similar position?

Thanks

Ok I see. This is somewhat worrying considering our relationship will be placed under considerably more stress not seeing each other for a longer amount of time.

For arguments sake, what might the outcome be should I not mention anything about us being engaged? I do not want to be lying to a CO by any means of course but then we'd both be devastated should the B2 be denied based on my total honesty.

I do have a letter from my employer stating I will be returning to work after the visit, plus I have vehicle ownership papers and my name on a rental lease. Additionally I will have enough money to support myself while I'm in the USA.

Our plan is to spend time together and help her submit the I129F while I'm there, along with some pre-marriage counselling and time with her family etc.

After NOA1 which should come while I'm still on the B2, I'll return to Australia to work, do the medical and consulate interview etc, and return on a K1.

So by all means there will be no intent to stay in the country on a B2. I just hope the CO would be convinced based on the evidence of ties to my home country.

1. Unknown till you try. Since they had a B-2 before, it may go better 2nd time around. However - is your B-2 visa expired? Your not clear, you mention your I-94, which is not your visa expiration.

Most B-2 visas are good for 10 years.

2. No - there should be no "risk" - but you will be needing to go back to Australia to do the interview. (you do not want to overstay)

Thanks Bobby_Umit.

I applied for a 12 month B2 visa which expired Feb 2009. I'm just concerned they will see the denial of extension and not issue me a new B2.

Yes I understand the need to return to Australia for interview and things like medical etc to complete the K1 process. Plus I have a letter from my employer stating a return to my job for the time I'm back in Australia.

My USC fiance and I would like to spend some time together in the USA before we begin the K1 visa process.

My last visit to the USA was on a B2 visitor visa with an I94 expiry of October 08.

-I applied for a 6 month extension of stay well before the expiry date and stayed until receiving a denial letter from USCIS in November 08.

-After receiving the denial letter, I departed the USA and returned to my home country (Australia) within 30 days.

I'd like to visit my fiance on a new B2 visa so we can spend Thanksgiving and Christmas together, and so I can help her prepare the I129F packet.

Q1) Will there be problems getting another B2 considering my application for extension on the previous B2 was denied?

Q2) Should I be granted a B2, is there a risk that her I129F petition will be denied based on the fact that I will be in the USA on a B2 visa?

Thanks!