cabmarc

I just received my first Notice of Action, but I received it from the California Service Center when I should have received it from the Vermont Service Center (I live in MD.) I'm positive that I sent my petition to the right lockbox, I have the receipt and everything. The NOA also has my correct address on it. Should I be worried?

Our municipality will be Lima, so I was a little worried that things move slower there because of how populated it is. Anyway, thank you both so much for your help, I appreciate it!

It sounds like getting married in Peru is complicated. I know you have to get an AIDS test, birth certificate, certificate for being single, all legalized, translated, legalized again, ect. Does anyone know if I have to physically be in Peru for the city to legalize my documents? Can I mail them ahead of time (after having them notarized by the Peruvian consulate where they were issued) to my fiancee and have her translate and legalize them? Reason why I ask is that I can't take that much time off work and I'm starting to think one week won't be enough to get all this stuff done.

Also, we need a wedding announcement in the paper with the date of our ceremony. Again, does anyone know if I have to be physically present for this part?

Anyone with experience with any of this, please help. Thanks.

Honestly, yes, a spouse is forgiven more things than a fiancee BUT how hard it's going to be depends a lot on your country. Please complete your profile with country of beneficiary so we know more info.

I notice from a previous thread she overstayed her B2 (but not enough for a ban) AND she worked illegally... personally I think you're safer with a CR-1, but, again, it really depends on her country because spouses are still denied for various reasons and some countries are harder than others due to high fraud.

The country is Peru. I understand that the fraud rate isn't that high there.

Is she currently in the U.S.?

Although working without authorization cannot be used to deny adjustment of status to the spouse of a USC, it does make a beneficiary (spouse or fiance(e)) inadmissible for a visa for 5 years. If the 5 year bar is still current, the visa will initially be denied. A hardship waiver would need to be approved to overcome the bar and get the visa. Hardship waivers are not so easy to get.

She is not currently in the U.S. The work happened less than 5 years ago (3 years, 3months.) Haven't heard of a 5 year bar, I'll look into it. Thanks.

The forgiveness you are eluding to is of no consequence when applying for a visa. Married or not, previous unauthorized work makes you inadmissible for a visa--regardless of the country.

Are you saying there's no forgiveness for unauthorized work?

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Thanks for all your help everyone.

Hello all, First off, I'd like to mention that I've been doing tons of reading on this website and have to say that it is unlike any other resource out there. With that being said, I have sought legal advice over my current situation, which is that my fiancee has had unauthorized employment in the US. I was told that the chances of obtaining a k-1 were 50-50, but a CR-1 would guarantee approval because they can't deny your spouse over previous unauthorized employment. I haven't been able to find any information that supports this. I was wondering if anyone had experience with being denied a k-1 over unauthorized employment.

Also if anyone is familiar with the counselor interview process, I assume that the trouble comes during the interview when they see the employment on he G-325A. I'd like to know if the officer then makes a decision based on the situation of the employment. It was a part-time job that occurred for about 5 months, personal checks, no papers, no taxes, no work permit. My fiancee was 17 at the time. Would the no taxes also become an issue on top the the employment?

Hi everyone. My fiancee overstayed her b2 visa 6month period by 6 years. She was 11 years old when she entered the united states and 18 when she left. She was able to attend school on a B2 because the school system that she attended does not turn away undocumented students. She left 100 days after turning 18. When she left, her airline ticket had been purchased but her passport was expired. She attained a "salvoconduto" from her embassy as a substitute for her passport. She went through customs and immigration with no problems.

I guess there are two major problems here. The overstaying period does not begin until you turn 18 and is subject to a 3 year ban after 180 days. My fiancee did not overstay in that sense, but will the fact that she attended public school hurt our case, even if the county had a policy of not turning undocumented students? Second, she has no proof that she left when she says she did because she did not turn in her 1-94 card, only the "salvoconducto." Will the consulate at her embassy have this exit on record or is it up to her to find the proof that she left? If any has been through a similar situation or has any advice, please help. Thanks.