felipe2121

Hey guys so just an update, the interview went fine even though they had some really weird questions and at one point I thought I would get it denied.

They approved me on the spot....Hurray next stop citizenship!

Any Help is greatly appreciated!!

HI everyone on this forum!!!

Its been a while since I last posted on here and I want to start off by Wishing everyone a Happy New Year!!

I received my temporary green card on 05/05/2010 , and have since filed for the removal of conditions and had the green card extended by 1 yr. I received notice today after 7 months that my appoint would be next Friday which seems kind of odd less than two weeks since receiving the mail? is this normal?

So long story short, I had divorced my Ex-wife because she decided to become a stripper, me and her family have had a very good

relationship but even her family couldn't help her which left me with no choice.

My marriage was true and loving, never really gathered a lot of evidence like bills and stuff because I wasnt trying to build a case actually

I thought this was the love of my life and it would last for ever. I do have pictures, tax returns, affidavits and some bills that I managed to get.

I have hired a attorney who tells me not to worry, that he will prep me one day before and he thinks its a good case.

I know deep inside that i shouldnt worry because I have done nothing wrong but I always get nervous at these interviews. What can I expect at these interviews? What sort of questions would they ask? Also what are usually the chances of approval/denial?

On top of all this I have fallen in Love again and I want to marry again a ex marine girl....If I get denied for the removal of conditions how could a new marriage help me? I love this country very much and actually have planned to apply my college education to the military except that they wont take me since my green card is expiring.

I greatly appreciate any input/help, thank you!!!

I am referring to the removal of conditions from my green card, can I really bring my spouse to the interview? any other recommendations?

Hi to everyone once again I find myself in need of help. So the story goes something like this,

I ended up fowlloing in love and got married only to find out

later my wife was cheating and stripping on me, which left me with no other way but to divorce her

ofcourse it would have not been in my interest beacuse I hadnt been togeather for 2 years but

at the same time I was left with no option. All if this has been documented including a print out of

the website she worked for with her picture on(naked) also pictures in the place were she works(strip club).

I have gattered a bunch of documents showing that the marriage was bonifed including lease agreement,pictures togeather, mail, bills and affidavits from friends and family the other day I spoke to my Ex-spouse and she asked me if there is anything she can do to help me as she feels

some responsability to the whole situation. I had mentioned to her that a Affidavit mite help, however I have been unable to find

any template(I know that it has to be personalised) for her to fill out an sign.

Does anyone have one they have used or any were, were I can find one? Also would this help?

Thank you for the help

I have been in Europe taking care of my mother who is dieing of cancer, she doesnt have anyone else but me. I left the USA for about six months and then re-entered in december, I stayed for a week, I then returned to Europe and stayed for another 4 months I am about to return back home. My current income is a business that I own in nevada and I have filed my taxes as a resident and payed them on time. I have medical paperwork that says that my mom is suffering of cancer. I am also still married and have a wife back in the usa that has visited me on several occasions and resides at my residence in Nevada.

I know the law says that you have to be continuously out of the country for 12months which I haven't, so what can I expect when I come back? Should I avoid re-entering through a airport and cross instead at a busy crossing such as Tijuana or will it make no difference.

Any input is greatly appreciated.

Thank you

NM just saw the link thanks for your reply :-)

Thank you for your reply, could you please tell me were I could find this information, everything that I find says 6months???

Hi to everyone, I cant even describe how much this forum has helped me

a thousand thanks to everyone contributing.

So I have received my green card through marriage, I have a family member that has been very sick for a while

(cancer), and I am helping him out currently in Germany, I have currently stayed out of the USA

for around 5 months, I have a house and have bills that are being paid in the USA and my spouse has also visited me here from time to time. I do my work online IT stuff and my taxes are also filed in the usa. I have heard that I can only stay for up to 6 months out of the country, my main questions are:

If I come back how long would I have to stay in the USA until I could go back to see my relative? Also what can be filled I heard a travel permit mite be option, are there any consular filings I can do?

This as mentioned is not a permanent situation I just wish to spend as much time with my relative before he passes away.

Thank you for your help.

Felipe,

all the answers you get about exceptions and cases where blind people all of the sudden can see do not help your specific case. For all practical purposes, if you leave the US now, you have to expect that you won't be coming back before early 2013. It's really that simple.

Yes I agree, I am also considering moving my spouse with me to germany, if this is the case what procedure would be the fastest for allowing me to re-enter the Usa, and ultimately obtain my green card?

I cant say how much you guys are helping it is greatly,greatly appreciated!!!

Read page 18 of the link I provided. You would really need to discuss this with an immigration lawyer, skilled in AP cases (and with Unlawful presence) if you try to take this route.

If you get the ban, you would have to get a waiver to return to the US. You would do it at the embassy in your country.

Depending on the outcome, and the status of your AOS, they may require you to do a different visa entry.

I would think you would want the CR-1, not DCF if that was a choice.

Your case is even more complicated because you came here on a VWP entry. That is another level of complexity.

In a word or two - Lawyer up

Thank you once more for your response, if I do go the Cr-1 route, how would this work since I would have a 3 year ban but at the same time I am legally married to a US citizen? Would I get some type of specialty visa from the embassy?

That is not entirely correct.

Once you apply for the AOS and receive the (noa) you stop accumulating days "unlawful presence" (you do this if your status is "unlawful", ie, you went past the period of authorized stay) - since they accepted the application and your awaiting adjudication.

Any "unlawful presence" days prior to that still count (prior to the NOA date), and if your denied, the clock starts again till you leave. (and if over 180+ days, ban time upon re-entry to the US).

Simply applying for the AOS does not erase this "unlawful presence" - once you get the Greencard, it is not applied to you anymore, however (the unlawful presence),

This is why it's important that the applicant know their own "unlawful presence" days prior to leaving the US, even if the AP is approved (and you have the NOA from the AOS), because USCIS does not check when you request it (AP/AOS)

The bar is only triggered if you depart the US.

CBP will check when you re-enter, and if your over the days (180+) they can ban you. (3 yr ban = 180+ days (but less than 1 yr), 10 yr ban = 1 yr+) - you would need to get a waiver (if your using the AP) to get back into the US.

There are some exceptions and some harsh implications toward the adjustment application, but you would have to deal with it with your lawyer and USCIS - I would take the warning that is in the AP instructions and be very wary if I had any unlawful presence counted toward me.

This is in the AFM - but here is a nice write up of this topic (and changes to the AFM)

Thank you, for this response it is people like yourself that make a huge difference in other peoples lifes. How would I go about getting a exception? My family memeber has been diagnosed with cancer and I really want to see them before they pass away. Another question that comes to mind. Lets say I get a 3 year ban, could I apply again from my home country? What if I move my spouse overseas with me, and then do Direct Consular filings?

On what visa did you overstay on? Are you referring to a time between the I-94 expiring and you filing AOS?

That is correct from August 3rd till January 28th. I stayed on a VWP.

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.

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.

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?

Guys, we've already told him about what the policy says:

http://www.visajourney.com/forums/topic/243184-need-urgent-help-family-member-is-sick-and-i-need-to-expedite-ap

Now he's asking about anecdotal evidence of how much it is actually enforced.

Here is one third hand account. That's the only one I can remember.

http://www.visajourney.com/forums/topic/236782-thinking-of-leavingthink-again

Keep in mind the Third hand account is for a K-1 visa holder who didnt have a AP!

So just for the sake of curiosity. What type/length of overstay did you have previously?

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

Before I state my question, I would like to thank everyone on this forum for contributing. Every single reply that one makes to someones

question makes a huge difference and is greatly appreciated.

So here is my question before someome replys the obvious, "You shouldnt Travel on a AP once you overstayed your visa beacuse you will have a 3-10 year ban" please read the question and then reply.

I went ahead and asked the USCIS if I would trigger a ban, and I was told that it would be put to the customs official. I am trying to find someone who has left the USA with a AP after they overstayed there visa, and if so what happened to them at the port of entry?

I ask this beacuse I have a family memeber who is extreamly sick and will probably pass away and I wanted to see them one last time.

Any help is greatly appreciated.

1. W2s are not sufficient evidence. I-864 should be accompanied by complete tax returns (including W2s) or tax return transcripts.

2. Put additional money in the bank and use income/assets combination. It looks like in your case $13K might be just enough to get to the required level.

3. Can you see the beauty of not disclosing tips for tax purposes? Also called tax evasion. Right, saves money...

I already submited the Tax transcripts of 2009, not the W2's, so you think just put money in the account and get a bank letter right?

What evidence did you send initially? As far as what they are going to accept and what they aren't, I really have no idea. Sorry. I do think that anything you can provide is only going to help you.

Do you have someone who can be a joint sponsor, if necessary?

I dont have anyone who can be a joint sponsor all the people I know make less than the poverty guideline, I think the best way to go at this stage is just to have her place the additional assets in the account and send a bank letter? what is your opinion? or anyone elses?

your input is greatly appreciated.

What evidence did you send initially? As far as what they are going to accept and what they aren't, I really have no idea. Sorry. I do think that anything you can provide is only going to help you.

Do you have someone who can be a joint sponsor, if necessary?

The only evidence sent initially was income documentation W2's no Bank statements. Its thought with a joint sponsor beacuse all the people I know make less than the povertyguideline. Specialy now with the economy in the toilet.

From what I'm reading, I don't think it has to be all necessarily from one specific account, although there are some requirements (also in the instructions). Does your wife have more in another savings or something?

No she closed her old account and now she just has as stupid as it sounds a joint account with me and some savings under the mattress, if she does decide to add more assets and then sends a Bank officer letter how would the USCIS react, should we include a Letter of Explenation?

Thanks

Ah! Thanks, some reading comprehension failing on my part.

But yeah, still not enough.

What if she just adds more assets to the bank account and sends in a current bank letter with like $14,000.00 would this create complications? She can back this up beacuse of tips she makes in her profession.

Where was that information? In the guide I posted it says 5 times the difference between household income and 125% poverty line, which would be the math I showed you earlier. I'm not trying to be argumentative, I just want you to have your information right before you move forward.

This is really none of my business, but that is not much to live on, is it? We are pretty much just making it at more than twice that amount.

I really appreciate your help, I am just thinking logicaly here, the difference between 13,883.00 and 18,212.00 is 4,329 so your saying it would have to be 5 x 4,329 for a total of: $21,645 just in Assets? Even if the income is already $13,883.00 a year?

I'm just going by what it says in the guide posted here. That amount of assets doesn't amount to 5 times the difference between the %125 poverty line and your wife's income. I don't know what is correct, but from what I've heard of lawyers on this board I'd tend to go with what's posted here, as to what might be right.

Maybe someone who has actually tried to use assets to supplement will post here. Have you tried a search on that subject?

I did try to search but couldnt really find anything, the only thing I did find is if your ONLY useing your assets it needs to be 5 times, nothing if useing Income and assets combined it only makes sense since there are people like my wife that make a yearly income but also have tips that are not necessarly claimed, Limo and taxi drivers come to mind specialy here in las vegas.

From the pinned topic atop this section:

If you want to use your assets, the assets of your household members or dependents, and/or the assets of the immigrant you are sponsoring to meet the minimum requirement, you must provide evidence of assets with a cash value that equals at least five times the difference between your total household income and the minimum income requirement.

For a household of 2, the minimum requirement is 18,212. The difference between your spouse's income and this amount is $4329. If you go by what it says above, your assets would need to be at least $21,645. If I'm figuring this all out right, you won't meet the requirements, and you'll need a joint sponsor.

http://www.visajourney.com/forums/index.php?showtopic=308

A immigration attorney explained to me that the lack of income can be made up by assets that can be shown in the bank account the income by my spouse in 2009 is $13,883.00, my spouse has $9,000 in Assets from savings over the last years mostly tips which until recently werent placed in our joint bank account as we didnt have a joint bank account. So that would make it $22,883.00.

Isnt that correct?