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franki

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Posts posted by franki

  1. Guys,

    Please help us here by sharing your experience. Looking at the timeline of AOS from other members experiences, it takes about 6 - 10 months to complete. Is this the same when you are in the U.S. legally and marrying a U.S citizen while your status is updated (6 months visitor visa in hand) and applying for AOS ? Because my family member is being waiting for an answer since April 2014, when he married a U.S citizen and filed for AOS. What do you think?

  2. Hi All,

    I had an interview with my wife and son at the dubai consulate on 29th December 2014 and in the interview the VO quite satisfied with us and told us that she is satisfied with us and we will get the visa within 3 business days, She also took our passport for processing and gave us a pink colour slip which stated that your visa application has been approved and you will receive the passport through emirates post within 2 to 5 business days.

    Well, After two days I went to EMPost and collect all three passport but I can see visa on my wife and son passport but not on my passport. In my passport there was a yellow slip attached with the case number that they requires some administrative processing and the yellow slip where my case number is does not stated 221G its on the back side paper where 221G mentioned but on that side my case number not mentioned. I mean they didnt mention my case number on 221G page.

    How is it possible that they took passport for visa stamping even VO said have a safe journey to USA but after that how it's possible that they issued visa for my dependents like my wife and 5 years old son? and hold my application.. Is there any one in Dubai has same case?

    I mean you got a pink paper that stated that your visa has been approved but they put administrative processing on 1 passport only and they issued visa on other passports.. Why is that?

    Please get back to me if you can help me in this case.

    Thanks

    Sohail

    The VO is satisfied dose not always mean ticket the United States . That VO interviewing applicants are following just basic scripted laws . They add their recommendation as ''I as a VO approved'' such and such person. The next action in process is the person with higher authority who will say YES or NO!Unfortunately the applicants will never see that one ''higher authority'' angel. In some cases that one higher authority makes a decision and will say YES, grant visa (which is also called AP) this process is normally fast, happens inside the embassy. If that higher authority decided to pass it over to higher - higher authorities in Washington DC then that is call AP too and that is longer process, super lucky applicants get away within 90 days - lucky applicants get away within 180 days - unlucky applicants get away within between 180-360 days and finally AP can last up to 2 years .

    Frank

  3. You applied in the Caribbean? Go back to Australia and try again. You are not banned. You can apply for a visa anytime. VWP might not work for 6 months or more but I've never heard of people being blocked forever.

    Ditto on what Jawaree said. You are not barred/banned. You are ''visiting'' United States purchasing/fixing houses. Visitor visa is just to visit not engaging business. You should have applied for investment visa or business visa. If I was the CO I would refuse to grant access a foreigner to pretend visiting the US but reality he/she is clearly doing business/working not paying back ''taxes'', common sense. Sorry that this sounds inappropriate words but what I understood from your initial post, You are not qualified to come back here as a visitor. Please follow the right chain of order- do your business but to gain something we need to pay back.

  4. Hello everyone,

    I applied for asylum this year.

    150 days have passed and I'm about to file I-765 for me and another one for my wife (she was listed as a dependent in the asylum application).

    Question 16 asks for the Eligibility Category. In my case it's c8, because I'm the asylum applicant with pending asylum application.

    But in her case I cannot find anything that matches in the I-765 instructions (http://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf)

    My guess would be that it's the same category since there's nothing else close to her case, but she is not an applicant, she is listed as a dependent in my application.

    Has anyone else gone through this? Any help is appreciated.

    Best regards.

    If your application has been approved which could be a metrical within 10 months then you are good to go. Otherwise asylum cases can take up to 40 years waiting time. I am not saying your case but there are people waiting for that long. If your application is under process you have NO rights to work - travel. The only rights as an asylum seeker you have is breading and very basic health care options (life threating events), that's all

  5. Hi all,

    I went to interview with my husband on 8.7 (marriage based green card interview). The interview went quite well, and the IO did not trouble us. I was very nervous and answered question weirdly....but the whole process was quite fast and after going through all the part 3 questions on I-485, he congregated us and said he was going to approve our case and we should receive our card in 90 days. He asked us if we have any questions to ask. And I asked him why the process would take 90 days. He said usually it would take 2-4 weeks but in case things went wrong, it might take 90 days. He did not give us any letter nor stamps on my passport. He sent us out from his office. We prepared lots of documents and he said he liked the way we were very organized. He told us what we prepared were more than enough.

    But, we did not receive any online statues updates until the end of that day. However, only the I-130 changed to post decision activity (approval). Till now, I-485 is still testing and interview.

    Does anyone has any opinion on this situation?

    Thank you very much for your input!!!

    You should be fine if he says 90 days don't ask an office worker why are you taking too long - he/she can make people wait longer If they want . Don't stress out carry on with your life once 180 days is passed you should be start getting worried. There are USC waiting on other side of the border for years to get united with their loved ones/husbands, wives or kids. You are here with your family.

  6. Pregnancy is an emergency situation, I just didn't mention this earlier since he was referring to his parents and I figured they wouldn't be producing any additional offspring. You cannot be denied for emergencies. There is a gray area as to where a pregnancy is allotted; if it is to the immigrant or to the USC child.

    JohnL is right . I don't know why are you trying to create your own assumptions here. This is from a government website http://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet .

    I don't know how much knowledge you have with some legal words like MUST AND MAY if you read ''government statements'' they use these words often, which are important words. If a person or a none US citizen (GC holder) is not eligible for public benefits, they will get denied, Period. Those employees sitting/working for state or FEDs are not that dumb they will make sure NOT to grant you ''by law'' if you are not qualify, If they grant benefits and later find out you were not qualify ''specially with Medicaid - Health care'' sure, they will make sure you pay them back BUT that is a LONG and expensive process. I don't know how wealthy you are but almost everyone on this website are on average income. One medical bill could be someone's entire year income. If the governor try to come and claim that one bill from one of us (maybe not you) it is almost IMPOSSIBLE. If a wealthy person like William Henry Gates try to claim public benefits, again I am only talking about healthcare here, The government will go out and use the word MUST and have him pay back. I am not here to encourage or discourage anyone, Just thinking positive, that's all.

  7. Still in AP waiting since Oct,10 2013.

    waiting for experts reply..

    regards

    Dear experts

    what happens when B1/B2 visa under AP crosses the day where the applicant needs to be is U.S? Say the applicant is applying for visa to attend a wedding ceremony - a business meeting proposal (on a specific date) and the applicant is on AP, would the embassy still issue visa to this applicant, if so can the applicant still travel, because she/he has no reason after that specific date to travel to the U.S ? how does this work?

  8. Hello to Everybody.

    First of all sorry for my english, it is not perfect. smile.png

    Some info about me, in case it is needed. So my name is Arthur I Am 28, I live in Russia Moscow city. I graduate university here, has been studying tax law for 6 years.

    Here is short story. All my relatives from farther side are living in Los-Angeles. My uncle, my aunt and my cousins. First time I had visited them back in summer 1996. Since then I was dreaming to live in America:) I were lucky to visit my family several times so 1996 2001 2004 2008 2010-2011 all under B1/B2

    - During my previous visit I got in trouble. I had arrived to States in october 2010 and went back to Russia in april 2011, so I haven't overstayed allowed 6 month in I-94 form. After staying in Russia for 10 day I had decided to go back to States and spend more with my family. My flight was through washington where all the bad things started. First border officer sent me to extra control. There I got in hands of the man/officer who truly hate all people. He said that I look suspicious to him. Asked why I've been staying for almost six month and coming back so shortly. Basically he was looking for reasons to not let me in. And because of my stupidity he founds it. During my luggage check he found a pack with 8 medical cannabis seed, I bought them for a present to my friend who is a patient with doctor prescriptions. Like I understand they didn't really care what kind of seeds it was. The thing is that in form 6059b under question 11a I signed NO. That means I have no fruits veggies etc and seed with me BUT I had them. I swear to God I totally forgot about them..... After that I become some kinda number one enemy to them! Specially to this mad officer Ka Ho Tong... Interrogation with handcuffs. I was totally destroyed after that...

    So after a many hours they said that they can make a deal for me, they called it withdraw application. I didn't know what does it mean at all, but they said in other way it will be worst for me. So I signed some paper and after that I was thrown in airport jail. After ~24 hours they sent me back to Russia. This situation was a disaster for me and my family in States, my mother still doesn't know about it. She is dreaming of my living in States...(

    - Now I want to recover my positive status and get at least the same B1/B2 visa. But I don't know is it possible at all.

    In my previous passport with canceled US visa there a couple of important codes.

    212(a)(7)(A)(i) and 22 cfr 41.122(h)(3) - WHAT THEY MEAN and what should I do to get a new visa...

    GREAT THANKS to everybody here,

    For Your time, reading and attention!!!

    ps visa scan attached

    Sorry to hear what happened to you. You can apply for another visa, If they give you chance to even enter the embassy and let you speak. You may explain but from what I read from your story the chance you get approved in lower than -1% .

    Good luck

  9. Nowhere is there any law saying you cannot be issued a visitor visa with a pending immigrant petition or visa. But the law is very specific in that no non-immigrant visa shall be issued to an applicant with immigrant intent. The law also states that any CO is required to meet the applicant with the presumption that he/she is an intending immigrant, and it is the applicant's burden of proof to show otherwise - to the satisfaction of the CO. "Immigrant intent" really is an oddity in terms of legal definitions as most laws pertain to actual material facts, whereas "immigrant intent" pertains to a person's perceived intent - which is extremely difficult to prove or disprove. COs are required to make a subjective decision as to a person's intent, with the facts provided, in a fairly limited time. Given that countries from which B2 visas are required in order to visit often tend to have higher instances of fraud, coupled with the fact that adjustment of status is a fairly easy process once the immigrant is already in the US, it is very difficult to get rid of that immigrant presumption.This is why nearly all of these cases are denied.

    The OP and his fiancée clearly have done their homework, and presented a very well documented application.

    Again this is a source from DOS:

    Visa Denials
    Overview

    With few exceptions, every visa applicant is interviewed by a consular officer at a U.S. embassy or consulate. After all available information is reviewed, the application is approved or denied based on U.S. immigration law.

    There are many reasons why a visa application may be denied. In some instances, the application is denied because necessary information or supporting documents were not submitted by the applicant. In other instances, the application is denied for more serious reasons. An applicant’s current and/or past actions, such as drug or criminal activities, as examples, may make the applicant ineligible for a visa.

    If denied a visa, the applicant is given a reason based on the section of law which applies. Visa applicants are also advised by the consular officer if they may apply for a waiver of their ineligibility. Several of the most common reasons for visa ineligibilities are explained below. For more information, review the complete list of visa ineligibilities in the Immigration and Nationality Act (INA), and amended laws.

    I know of a very good friend of mine's brother got B1 visa while his F4 application was under way... He was 24 years old . Very hard to believe.

  10. It's rare for B2 visas to be approved in these cases, but if am glad to see that it's at least possible!

    Hi -

    I am not pointing on a specific member here because we are all a community. Not all but most people here are applicants with trouble . So in common situation like this yes the law says if you are a non-immigrant applicant and have weak ties to your home country - specially you have a fiancée or fiancé in US, DONE, you are denied! This is what the members here will always say BUT if you read the USCIS and DOS statements they use the word ''may'' when it comes to law a single alphabet makes big difference so, Yes, Everything is possible with the word ''may''. The CO has full power to make decision . Just provide the right requirements as the law asks for, pray that you face a CO with good mood on your interview day, be honest and you will get ''approved''

  11. How can you know that they will cancel my current visa? I just contacted my school's international advisor. What should I do next?

    The embassy has full power to stamp your passport with a red or black colored stamp saying CANCELED at any time they want. why would you apply for another visa if you had a valid F1 visa? Anyway its too late, explain your exact experience from the day you went for interview. what document they gave you when you left the embassy?

    I would say wait until few weeks at least 4 to 6 weeks and if you don't hear anything just nicely send an email with a request of you have plans to travel and you need your passport. while waiting work with your school official get your I-120 validated and pay your SEVIS and as soon as you get your passport back fly.

  12. I agree with you totally here...yet again, people are going round and round in circles here without actually taking the time to read the details properly...we have discussed this a number of times...it is clearly stated in the proposed senate CIR bill that if you have a pending or approved petition in any other category then you can NOT apply/qualify for the Merit Track One and as F4 petitions can still be filed 18 months after the bill is enacted it leads to believe that you all F4 petitions will flow through Merit Track Two (backlog cat) at some point when your wait has been at least 5 years.

    Hello,

    Let's say this bill passes and becomes Law. Would this make all F4 ''waiting'' applicants process faster since there is going to be no more F4 category why should they keep people waiting?

  13. Hi All,

    Can some one please let me know... Do a student need (134 form affidavit support) to be singed by sponsored person. The student is going for a six months course, can this sponsored send a standard statement from his/her side and sign saying I will support such and such person and here are copies my back details - paystubs and ID. Is 134 form affidavit support is one of the requirements for short term student visas... a friend of mine came from Canada as a student he did not even get a letter from his sponsor, Just bank statements, Thanks !!!!

  14. Hi All,

    Please help us with here. I would like to thank you all for your feedback and help!

    So I-20 received with no instructions. This is about a family member of mine who applied for school here and the school sent I-20 to their address and they wanted to know - where to start from ? which forms they need to fill and what other documents needed? They just wanted to know full requirement so that the embassy don't give them hard time by sending a letter after 3 months saying you need to send this form because their school start date is really close. Please help us.

    Thanks Again!

  15. OK... but you can check out that link most countries have TOFEL available and most CO would want to know why your friend does not want to do the English Course in home country and why he insists on coming to US for that similar course.

    I do have the same question as well as he, What if the office asks this question. His goal is to have some type of cert adding on his resume and if he gets a chance to pursue his road and complete his degree (again within a college that offers his specific program). I think we are going round the circle with 1 question (why USA)? I mentioned his goal, You are saying that is not enough, then why they have English language courses/colleges in U.S. and why they are accepting students from all over the world. I personally asked a college and they said we have 1000s of foreign students, then what will be a potential answer that they gave to the CO to grant F1 visa? The college folk that I asked the question said ''we have students from different ages starting 18 and over... Then how can they all prove... There should be some type of satisfactory answer that the CO are allowing all these people to come in and study. Maybe having passed an English proficiency test in U.S.A have positive impacts on some ones future - an additional point on a resume for job? - an additional point to get accepted into a better college? There must be an answer?

    thanks

  16. Now you mentioned India, until now you had not posted where your home country was.

    For India English is a very common language and prominent language being a British Colony, coming from India to learn English would be the case without any merits.

    TOFEL tests are performed in India practically every major city in India has TOFEL center.

    http://www.ets.org/Media/Tests/TOEFL/tclists/IBT_i.html

    I just gave an example of India . He is not from India and he does not live in India.... I believe he is trying to add an additional course of study on his resume as well as this program/degree that he is interested to do is only available in an English spoken land, which requires English proficiency cert. His intentions are not U.S. only.

  17. franki - reread my reply, dissect at and .

    that 'and' is from you, not me.

    Darnell,

    I am not disagreeing with you. Indeed it is a clear question, why U.S. that you are choosing to do this course why not from Shakespeare's land or any other English spoken land? That is why I am here to ask how should he establish that he just want to do this brief course in U.S. since he wanted to continue his education. what other GOOD explanation can he present to convince the officer that yes this is his intention?

    thanks

  18. this bothers me:

    also he intends to finish this course and pass his TOEL test in U.S and start this particular degree in U.S.

    and should bother a Consular Officer, as well.

    Then what these language courses are for ? This person is in no shape or form has intentions to stay in U.S. have all family members back home, well established. He has intentions to get his language evaluation result and get on with his studies either in U.S. or India or somewhere with English language spoken degree. Then what should he say why he is doing this course in U.S?

    He has his job active that can give him a reference that he is going for a break to study for a specific course, Is that not enough tie? he has the enire family back home, is that not a tie? he is only 24 single, what eals can he prove ?

    Thanks.

  19. Yep as CW said they can definately ask why US and nowhere else.

    Why not attend some institution in their home country.... most non English speaking have some or other kinda institute who would teach English.

    Depends on the duration of his studies, if its long time than his existing job would not matter as his employeer is not going to keep that position open forever.

    Thanks I will let him know ...... Yes there are English courses in his home country but he has plans to study and pass his English proficiency test which is not available in his home country, Yes there are ''others'' .

  20. Hi All,

    I am doing inquiry on behalf a friend who has been accepted in a language school here in the U.S. - Got his I-20 and ready to go to the embassy and make an appointment for his interveiew. He has been told few scary stories about interview and questions....

    His concern are,

    what if they ask why am I doing English language course (its a six months course) in U.S, why not in England - Australia, they have courses there too ?

    He has his far relative in U.S. who will provide him accommodation and help him financially also he intends to finish this course and pass his TOEL test in U.S and start this particular degree in U.S.

    He has his parents back home - He has his job active in his home country - he can get a letter from his work that he is still employed, these are the facts that he has intentions to return home.

    So please let me know what are the other potential questions would they ask?

    Thanks.

  21. A year has 365 days. So, 3 months has 91.25 days. So some 3 months will have 91 or 92 days. THE RULE IS 90 DAYS!!!! THE RULE IS NOT 3 MONTHS!!!!!!

    You hit on the rare exception when counting February which only has 28 days.

    The point is that 90 days is not the same as 3 months. This is why people screw this up very badly by applying 1 or 2 days early because they believe wrongly that it is 4 years and 9 months. IT IS NOT 4 YEARS and 9 MONTHS. That is not the same as 90 days before 5 years.

    Details matters to USCIS. Apply 1 day early and it could be denied. So use the correct terminology, it is important.

    Chill guys :) Thank you anyway... this mean my assumption was right . so she can apply any date after the Feb 14th 2013 ;)

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