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Nina and Erwin

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Posts posted by Nina and Erwin

  1. Why will they be detained? Yes, the beneficiary has been out of status for over 3 years, but that is forgiven for the spouse of a USC. The USCIS knows that if they haul this person before an immigration judge, the judge will order them to file for AOS. The judge may give them a set time to do so and if they violate that then they are in deep do-do. IMHO, only if they end up at a CBP check point near one of the borders will they be detained, but that would be by the CBP not USCIS. Filing the proper forms puts them at no more or less risk then they have been living with for the past 3 years--IMHO.

    OP: As others have said: file the I-130 with the I-485. You will need to get a new medical done by a civil surgeon (I-693) and include that with the package. Do not bother with the !-131 advance parole (AP) as you would be inadmissible if you left the country. You can file the employment authorization (EAD) I-765 should you all of a sudden desire to start working before the GC arrives.

    Good luck,

    Dave

    I was just stating what our attorney told us.. with this same situation... it was a legal opinion..there is nothing about this process that is peaches roses and unicorns..

  2. ok...no0pb.gif


    You should file a slightly different packet because of the time. Include a I-130 and follow the instructions for a I-130/I-485 concurrent filing. That way you will get a 10-year card and avoid having to file to remove conditions. It does make it more expensive at close to $1500, but by failing to file you are putting yourself at great risk. You can be deported at any time.

    Removal of Conditions is more than the I-130 so it ends up a bit cheaper.

    You will also need a new medical exam.

    I think that your a moderator right?? just take me off this site.. because I don't get anything from here anymore..

  3. We were K-1 and it took us seven months to be approved and even a few months for the interview after that. At the time there seemed like no end in sight. Then about a week or so before we were approved, the floodgates opened and many couples were approved very quickly. I was following the Sept 2012 K-1 group at the time, and we bitched and complained as has everyone else who has had to wait for any significant amount of time.

    Try to stay positive, do what you can and contact your congressman. But try to be supportive and not point the fingers at other people who are also just trying to be with their loved one.

    Agreed.dancin5hr.gif

  4. Well I'm glad my fiancé will be here in less than a month so out relationship can finally be at the higher status of marriage. I still think its crazy to be insulting K1s. We aren't just some bf/gf, we want to get married and are going through all this work just to do so. I think that shows a lot more dedication to the relationship then an average couple who can get married without getting permission from the government. The only different is the order of marriage versus visa. You don't know the reasons people pick visa first than marriage. Maybe they can't see each other again for many months and instead of waiting they file K1. At the time I picked K1 I thought I had to go to Brazil to get married which would have delayed filing for over 6 months. So I picked K1 because I wanted to get married ASAP and the only alternative I thought was too slow. Actually probably should have got a student visa then married but didn't know that was an option either. I was very lucky my fiancé could be here for up at 6 months at a time, but if he had 2-3 weeks of vacation like me? Marriage wouldn't be possible without a long wait, then the wait of a visa. But yeah, you guys totally deserve to go first because I picked the lesser visa for a lesser status of relationship.

    I am happy for you that you get to end your distance in a Month... BUT that being said .. don't rub our noses in the poop on the rug ... we are people with kids (some) and long waits either already behind us.. or still in front of us.. Your wait is over soon you will not only be in Marital Bliss.. but you will get to sleep next to your loved one every night. We CR/IR1's get to sleep with a bright Skype computer screen.. fun.

  5. Took the words right out of my mouth. It makes it worse when K-1 petitioners appear to have no empathy for the CR/IR-1 plight right now.

    They (the K1's) would feel different if the roles were reversed. So it makes me wonder " why can't the CR1 and the IR1 just bring our spouses home too"? We have the same process? The difference is... that the K1's have a probation period of 2 years. (then adjust status) . so they get to figure out if marriage works for them or not! We on the other hand.. especially the IR1's have already been married over that.. So why can't our spouses come home to America... finish the paperwork and NOT get the ... ( ooooh so wonderful GREENCARD) until the paperwork is done?

    America is STILL LETTING people in on the K1 visa .. that might not ever get married or disappear and never leave... so why can't everyone's significant others come home? Let them ALL IN why not? Because you can not justify to me.. all the debates over boarders, and security... that some how the K1's are safer risk.. then the Married CR1 or IR1's... they are easier maybe? I don't know.. but IF FAIR IS FAIR.. then we should all be able to be together with our loved ones.. until the immigration process is over...

    So that being said.. the K1's would feel different if the shoe was on the other foot...

  6. I married a Dutch person and lived over there for 8 years. There are a multitude of reasons why we came back, but the biggest was that my family is all still here in the US. Also, I really couldn't stand most Dutch people anymore, aside from my husband, and I couldn't deal with all the Xenophobic, racist, anti-immigrant bullcrap that I had to deal with every day. It was becoming a very toxic situation for me, and we decided that we wanted to stay married and that was not going to happen if we didn't look after my mental health.

    I am confused by this.. I didn't see this when I was there. But that I am sure that it is possible. I love the Dutch.. they were good to me. Maybe when can talk ... But I can't see bringing my Husband here after being there... because it appears way better there.. We were in Maastricht..

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