
ceadsearc
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ceadsearc reacted to saywhat in My Immigration Interview (Wow!) RFE's galore!
I'm confused as to why you even disclosed those old marriages in the first place? A marriage that isn't legal in the eyes of the law isn't a marriage at all in the eyes of the law. What you did is akin to listing all your boyfriends/girlfriends in the past on your green card application. I understand that in your heart of hearts those people were your husbands but that doesn't mean anything as long as there isn't a legal basis.
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ceadsearc got a reaction from Harpa Timsah in Help Please AOS on B2 Visa, how much??/
I believe the rule with the K-1 is because you need to be a fiance when you enter the country in order to qualify for the fiance visa, otherwise it's being misused.
Generally, it's much less common to see people who are already married and on a B-2 adjusting status (versus someone who just comes to visit and decides at the spur of the moment to get married), in part I believe because more questions about intent tend to be asked of spouses visiting on a tourist visa to make sure they aren't planning to adjust. However, some people do come without intent to adjust, and may even frequently visit the US and then leave (such as in situations where both partners live in the foreigner's country), but during one visit may make the choice after they have entered to stay as circumstances have changed.
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ceadsearc got a reaction from Penguin_ie in Help Please AOS on B2 Visa, how much??/
No, you don't. Someone with a CR-1 visa enters the United States as a permanent resident already. They do need to file for removal of conditions, though. K-1s and K-3s adjust status after entering.
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ceadsearc got a reaction from Kathryn41 in 3 year since becoming a PR....
Someone on a K-1 becomes a legal resident on the date their green card, just like anyone else who goes through adjustment of status (such as a K-3 or someone adjusting from a tourist visa, etc.) Yes, your relationship has been vetted at an earlier stage but that does not necessarily mean anything, because people lie or are inadmissible or any other number of reasons that, though uncommon, leads to someone getting a K-1 and not getting approved. Occasionally, people come on a K-1 and don't even marry. The only people who enter the country as legal residents already are those who come on a CR-1 or IR-1.
Regardless, the 3 years starts from the date on your green card and not a day before.
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ceadsearc reacted to JimVaPhuong in AOS Interview
An appointment letter for a Stokes interview would always specifically state that both the applicant and US citizen spouse are required to be present. If the letter says you both have to go then there's a possibility there will be a Stokes interview, and you should prepare for it. If the letter doesn't mention your US citizen spouse then it's probably not a Stokes interview.
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ceadsearc got a reaction from VanessaTony in AOS/EAD DENIED HELP PLEASE!
Unfortunately for your situation, you only get one shot with the RFE - if they send you an RFE for something and you send it back still missing something (in this case all the proper documents for the joint sponsor) they won't give you another RFE. Luckily, this isn't a huge problem like being inadmissible would be. It's annoying, time-consuming, and costly, but you are still on your path to a green card.
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ceadsearc reacted to Brother Hesekiel in Next step... B2 Visa??
Two issues, and ceadsearc already mentioned one of them in detail.
If you want a B2 when coming from a country where you can stay for up to 90 days without a visa, you'll need a darn good reason. If you are filthy rich and don't have to work for a living and the Lear Jet is paid for anyway, not a problem.
If they don't accept your reason and deny your B2 petition, you are not eligible for the VWP anymore. No more U.S. of A. for you then, as long as you live, so I strongly advise you against even trying.
Secondly, even if you get a B2, CBP will not allow you to spend more than 180 days in any given calendar year in the U.S. as that would make you are resident for income tax purposes. So if you already spent 90 days here, the best you can trust to get is another 90 days until the end of this year. Now that we already have October, that might just work out in your favor, but be aware of the 180 day rule for future travels.
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ceadsearc got a reaction from Harpa Timsah in AOS/EAD DENIED HELP PLEASE!
Did you have an interview? It seems unlikely that you'd be denied based on doubts about your marriage without one, unless they had very strong and compelling evidence. Are you certain you responded to the RFE correctly? I know you said you mailed it back in time, but are you positive all the supporting documents for your MIL's income were correct? Are you certain she made enough money to cover not only herself and you but also any other dependents she has? Hopefully, you will be denied without prejudice and have a chance to refile.
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ceadsearc reacted to Brother Hesekiel in Reconsideration of Denial
You seem not to understand: it has nothing to do with you.
Actually, it does, as the mere fact that a young, nubile girl from Venezuela is shagging up with a U.S. citizen already works against her. Why did you even bring this unfavorable fact into the equation? It's one thing not to hide something, but another thing to jump into the picture when somebody is trying to take a photo of the landscape.
As a foreigner asking to be considered for a student visa, she has to show strong ties to her home country, the ability to pay for the tuition and related costs during the time of her studies, and at no point during this should an American boyfriend enter the picture. If it did, it was a mistake. Did you perhaps submit anything that would indicate that you'd be the one supporting her while she's in school in the U.S.? If so, big mistake.
The best thing you can do is to disappear from the picture and let her try again next semester, without you interfering.
I apologize if this sounds harsh, but if she wants to play and win, she needs to know the rules of the game, and so do you. For you the rules require that you cease to be in the picture.
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ceadsearc reacted to ivana.corsale in Biometrics appointment
I will do a walk-in tomorrow and if they won't do it on the spot I will just reschedule.
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ceadsearc got a reaction from jjss in Affidavit Of Support change and interview
I honestly don't know what the 'right' answer is, but I sponsored my husband and once he got his EAD, I cut down my work to part-time. Since we had already filled out the I-864 we weren't even asked about it, though we were prepared to show documentation of my husband's continuing employment at the interview if necessary.
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ceadsearc reacted to AnythingButCommon in Interview in experience
I am on top of the world.
I would like to thanks all visa journey member and viewers. You guys help me on each and every step and saved my a lot money which usually people spend behind lawyers and even they sometimes misguide you.
Thanks Again visajourney.
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ceadsearc reacted to Penguin_ie in ..............HUGE HELP "I-865"...........
***** Moving from K1 (fiance visa) forum to AOS from Tourism.. forum as OP indicates that is how she entered the USA *****
It looks like you will need a co-sponsor, unless your husband gets significant grants and you or him have assets you could use. Can you ask friends, other family members? Do you attend a church/ temple/ mosque where you could ask for a co-sponsor?
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ceadsearc reacted to Harpa Timsah in Need help with I-864
The parents would need to be the sponsors, not the friend.
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ceadsearc reacted to Ryan H in Tourist visa question
Yes, the tourist visa is valid if it has not expired. There is no guarantee CBP will permit your fiancee entry; your fiancee should carry ties to Mexico in case such ties are asked for by CBP.
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ceadsearc got a reaction from Harpa Timsah in Question from a Friend
It sounds like they're planning this, so that would be intent and visa fraud. It doesn't matter anyway, however, because a visa number is not immediately available for a spouse of an LPR so he'd have to return and file a petition.
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ceadsearc got a reaction from Bsze in Can I get my green card back?
This story doesn't make sense. Are you positive you had a green card? Have you actually had someone at USCIS verify that you had a green card?
If you had a K-3 visa, you would have had to file adjustment of status once you entered the States. You would have had to have your fingerprints taken. Even if you had no interview, it would have taken several months to get the green card in the mail. If you did not file this paperwork and you did not have biometrics done, you didn't get a green card.
Even if you did, a green card is to live as a permanent resident in the United States, NOT to use to visit the United States. Even if you had a green card, you spent the whole time living in Japan. This means even if the green card existed, you pretty much abandoned it by not having the United States as your permanent resident, and you THEN misrepresented yourself by using VWP to enter. The fact that you were even allowed to use VWP to enter makes me question whether AOS was ever filed.
You don't really have a shot at getting your green card, if it existed, reinstated. You didn't follow the rules of it and you didn't even attempt to remove the conditions, and by your own words you and your petitioner are only "sort of" together. If you want a green card again (which would ONLY be practical if you plan to live full-time in America), you'd need to have your spouse/fiance/boyfriend/whatever file for a CR-1 or K-1 visa depending on if you guys are married now or not.
Good luck. You've got a loooooong road ahead.
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ceadsearc reacted to Penguin_ie in Can she leave USA during AOS and risk triggering the 3 or 10 year bar?
Is AOS already filed? If so, I think an info pass appointment would do no harm, as they will not deport her with a pending AOS. BUT it may also not do much good. If the infopass guy says "don't go", you have your answer. But if he says "yes you can go", there is still uncertainty because as JustBob explained, USCIS (=infopass) and CBP at the border are two different entities, and CBP may still decide not to let her back in.
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ceadsearc reacted to Brother Hesekiel in Can she leave USA during AOS and risk triggering the 3 or 10 year bar?
Let me explain Advance Parole in a way that is unmisunderstandable (yes, I created that word).
DHS is the mother, USCIS, CBP, and ICE are the children.
Bad girl who overstayed applies for AP from USCIS. She'll receive it, travels to Korea to the oh so important wedding.
Upon return she requests to be "admitted" to the U.S. showing her A.P. CBP officer tells her no way, as she had triggered the bar when leaving.
"But I have AP," she shouts. CBP officer responds: "listen, little Miss, I didn't give you nothin'. Now get the #### outa my face and sit down there without saying another word or you will wait in handcuffs for the next plane back to wherever you came from. Did I make myself clear now?"
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ceadsearc reacted to Brother Hesekiel in AOS deadline
1) After he died.
2) After they got divorced.
3) After an alien space ship landed on the White House and declared all humans slaves of the Interstellar Confederacy.
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ceadsearc got a reaction from Kathryn41 in Canadian who married an american
As Harpa said, since you have overstayed (regardless of coming from Canada) you can't use AP. Don't even bother applying for it, it'll be approved regardless but if you use it to leave the country, you won't be able to return and not only will your AOS be abandoned but you will likely end up with a ban of several years, depending on how longer your overstay was.
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ceadsearc got a reaction from EmmillJ in Seriously? Only me.
Sounds like a combination. I can't say if USCIS is at fault for being picky since you didn't state what they requested the RFE for, precisely, but they request the same thing of everyone and it's not usually a problem so I doubt it's on them. It wasn't too bright of the civil surgeon's office to shred the RFE, but at the same time, you should never, EVER give originals of your documents from USCIS away and certainly not without making a copy.
I'd call the USCIS 800 number and ask where it is to be sent.
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ceadsearc got a reaction from Deputy Purple in Seriously? Only me.
Sounds like a combination. I can't say if USCIS is at fault for being picky since you didn't state what they requested the RFE for, precisely, but they request the same thing of everyone and it's not usually a problem so I doubt it's on them. It wasn't too bright of the civil surgeon's office to shred the RFE, but at the same time, you should never, EVER give originals of your documents from USCIS away and certainly not without making a copy.
I'd call the USCIS 800 number and ask where it is to be sent.