
ceadsearc
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ceadsearc reacted to JimVaPhuong in Expired advanced parole
Ummm... An I-551 stamp is comparable to a green card. It's placed in the passport of an alien to show that they have permanent resident status before they receive an actual green card. Why would they give him an I-551 stamp if his AOS is still pending?
I think he might be able to get an I-512 advance parole document printed on the spot if he goes to an Infopass appointment and can show his travel is imminent.
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ceadsearc got a reaction from TBoneTX in forgot border crossing(Canada) date/s: im doomed!
As you were already told, it's irrelevant, but if you do truly want to know you could probably contact your husband's company. Since it was work related, they probably have exact record dates.
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ceadsearc reacted to pushbrk in How to stop fraud in Fiance/Spouse Visas
Why? Apples are not oranges. Acquiring LPR status can be accomplished in several ways. An LPR is NOT a citizen. Other visa categories such as H1 are there for a different purpose, and so reasonably have different requirements and privileges. There are REASONS for different privileges, results and treatment. Again, think "fairness" not "equality" and understand the purpose behind things instead of just seeking what YOU think will make YOU happy.
Really, the "She has this, so why don't I get the same?" is little kid stuff. Grow up!
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ceadsearc reacted to JimVaPhuong in DENIED AOS
If they denied because of the affidavit of support then you've missed something. Maybe the evidence of income wasn't sufficient. I have no idea without actually knowing precisely what you sent, the exact wording on the RFE's, and what you sent in response. It's also possible you may not be interpreting the evidence the same way USCIS is interpreting it. For example, a self-employed person with gross revenues of $42,000 per year would likely NOT have an annual income of $42,000, since their income is determined after their business expenses are deducted. Is your joint sponsor self-employed? If so, where did you get the income figure of $42,000? Did it come from line 22 on their IRS form 1040?
It's $110 to file an EOIR-29, which is an appeal of a denied visa petition with the Board of Immigration Appeals. An adjustment of status application is not a visa petition - you cannot appeal a denied adjustment of status. A motion to reopen requires form I-290B, and the filing fee is $630.
If the medical is expired then you'd need to have another medical. The medical expires after either six months or one year, depending on the country where the medical was originally done.
Seriously, consider hiring an immigration lawyer to help you finish this. Do-it-yourself immigration is not for everyone. Getting an RFE means you missed something. Getting two RFE's means you missed quite a bit. Being denied after getting two RFE's means you don't know what you're doing, and you need some help.
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ceadsearc reacted to Harpa Timsah in Kinda Losing Hope About AOS
http://www.visajourney.com/forums/topic/319353-denied-aos/
The OP failed to respond correctly to an RFE (or multiple RFEs).
OP- Please file the motion to reopen and send them what they want. Go to Catholic Charities or some other service to help you with the forms, because you don't understand them. You got 2 RFEs for the same thing, and after you responded improperly to the second one, they denied your AOS. You need assistance with reading and understand what they are asking of you, and there are charitable organizations that will help you. Best of luck.
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ceadsearc reacted to JimVaPhuong in Big red flag?
It wouldn't help if she could prove where she was working because she wasn't authorized to work in the US. This violation won't be held against her because she's adjusting status as an immediate relative of a US citizen, but there's no point rubbing the IO's nose in it.
Let's go back to the beginning. Did she enter with a J-1 visa? Did the visa have a two-year home residency requirement? If so then that's a dead stop - she'd either need to get that requirement waived or return to her home country for two years.
Why did she file for a tourist visa if she was already in the US with a J-1 visa? Was it because she wanted to stay in the US with her boyfriend?
Yeah, I think the timeline might look suspicious. She enters with a J-1 visa. Within a month she's got a boyfriend. Two months later she's trying to get a tourist visa, presumably because her J-1 is going to expire soon. The following spring she marries her boyfriend, and then three months later she leaves him and attempts to divorce him - at this point, she'd been his girl friend about three times longer than she'd been his wife. Two months later she hooks up with you. Two months after that she files for divorce from husband #1. The divorce is final 4 or 5 months later, and within another month and a half she marries you.
If you write all this out in a bullet list then it looks like someone who came to the US with intention of finding a husband, getting married, and staying here.
The abuse from the previous relationship might be relevant, but an IO could also interpret the timeline as an indicator that she bailed on the relationship when she realized she wasn't going to get a green card through him.
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ceadsearc reacted to Laura & Kyle in HELP!!!! Married on a visa waiver program!
Every IO is different, and you will be asked questions they feel necessary to make a decision on your individual case. Not jumping the gun, but if he was able to visit you 4-5 time while you were still married, that's a bit sketchy. Depending on the IO and their perceptions of this, you may or may not be scrutinized. I was divorced for just over a year when I got remarried, and was asked questions regarding then end of the first marriage and the start of my new relationship.
Also, my husband was flat out asked by the IO if he had a job back in the UK, and my husband was very honest (and made me nervous) and said he quit his job to come over here as they would not give him more than two weeks off and he wanted to spend almost 3 months with me. The IO seemed satisfied by the answer and switched gears. The beneficiary not having a job or quitting a job is not the end all be all, but it all depends on the circumstances.
I'm glad we did the VWP-->AOS process instead of going the CR1 route. It worked out for us although it was a bit stressful and scary at times. Good luck with your decision. Your circumstances are different than ours and bit more questionable in regards to your previous marriage. I know that I felt very defensive in answering questions about my divorce during the interview. Be prepared for that at the very least.
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ceadsearc reacted to Harpa Timsah in QUESTION ON INSURANCE FOR I-485 INTERVIEW
The person asking the question is not a K-1 and will not fill out a I-134 and is not asking about the Affidavit of Support.
OP - yes, that is good evidence of a bona fide marriage and can be used. USCIS doesn't strictly "require" any one document, but they rather look at the totality of your case and your documents.
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ceadsearc got a reaction from Harpa Timsah in HELP!!!! Married on a visa waiver program!
I agree. OP, it is completely your decision. However, while you know you weren't planning to get married and weren't expecting your divorce to go through so quickly, an immigration officer does not necessarily know that. My divorce from my first marriage was finalized three months before I got remarried, and I was HEAVILY scrutinized despite the fact that my husband and I had known each other a long time, my ex-husband and I had been legally separated for two years, and the only reason the divorce took so long was because my state has a year-long waiting period for divorce. The IO questioned my motives, my husband's motive, even my daughter's paternity. We were approved, but I cannot imagine how it would have gone had the divorce process been any shorter or started any later.
That should have read "it's NOT jumping the queue" but apparently I can no longer edit!
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ceadsearc got a reaction from Harpa Timsah in HELP!!!! Married on a visa waiver program!
Many, many people adjust status from VWP or B2, which is perfectly legal to do or it wouldn't even be an option. You chose the K-1 route, presumably, because you had a fiance who lived in another country that you planned to marry. That is not the case for everyone, and given that you are posting in an 'adjusting from other types of visas' forum, it's probably not the case for most people in this forum. Some people come to the United States with plans to visit and circumstances change. That's not illegal, it's not wrong, it's just jumping the queue, and it does not necessarily even save money. You may not like it, but those are just the facts.
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ceadsearc reacted to missicy in HELP!!!! Married on a visa waiver program!
Yes, they "trust" you enough to believe that you have no immigration intent, that you're gonna leave when your 90 days are up and that you're not gonna try and adjust status once they let you in.
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ceadsearc reacted to VanessaTony in HELP!!!! Married on a visa waiver program!
You are more than welcome to try... but you have to look at it WITHOUT all the personal info that you have. YOU know that there wasn't intent and that you didn't expect the divorce to go through so quick.. but the truth of the matter is that he arrived, you filed for divorced, he cancelled his return flight and you got married. This looks completely pre-planned. That you say it wasn't doesn't really matter... it's what the IO thinks and unfortunately with the amount of fraud out there it doesn't exactly make them think "benefit of the doubt".
If you want to risk it that's fine but given he's from a VWP country where he is totally able to visit you, the CR-1 is the "safest" option. The divorce is the biggest red-flag in my opinion. You're risking a lifetime ban at the worst... is it really worth that?
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ceadsearc reacted to Brother Hesekiel in HELP!!!! Married on a visa waiver program!
Given that your husband entered the U.S. with no visa and got married to a U.S. citizen when the ink on your divorce paper wasn't even dry, you are opening Pandora's box. If the I.O. feels that he's being played for a fool, he can put an end to this with one signature alone: his own.
Usually the applicant can appeal such a decision, but such an option does not exist for people who signed it away when participating in the VWP. That makes it easy for the I.O. to be "mean," as nobody can kick him in the buttocks for that.
Worse yet, the I.O. can decide that your husband does not have ties to the U.K anymore if he quit his job, sublet his flat, or euthanized his gold fish and calls it misrepresentation. In this case the denial notice can be accompanied by a deportation order, also exclusively signed by him as he has God-like powers when adjudicating such a petition, which really can end you American Dream for good. Is it likely? No. Is it possible? Yes. Do you want to take that chance? Only you can answer that question.
I, personally, suggest going the CR-1 route in a case like yours.
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ceadsearc reacted to milimelo in PLZ HELP IF U CAN NEED SOME INFO
Moving to IR-Cr-1 forum as that's what you will be doing. He can't adjust status because he entered as EWI>
AOS from tourist, student, work visa.
OP, whatever you decide to do, you need to understand the only option you will have is to get your husband back to Mexico. Once I-130 is approved, at his interview in the embassy he will be denied for overstaying and for entering without inspection. At that time you will need to file waivers I-601 and I-212 which will need to be approved before he will be allowed back into the US.
Be prepared for a long wait and a lot of $$$ for lawyers. Laurel Scott does Wednesday free chats, so you may want to contact her - she has a lot of experience with Mexico waivers.
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ceadsearc reacted to siasimba in I485 denied and I130 approved
Indythorpe please don't take anything personally... there are many reason why certain things happen. For everyone on this forum to speculate, you are going to get many different answer as to why you needed and RFE. However, the majority of the people in this forum have a lot of knowledge in this field.
They themselves have gone through it and had people gone through it so they would know what the IO is looking for. To be honest with you, like many people stated, NOT having your husband ON the lease is NOT a big deal. Having someone on a lease DOES NOT signify its a bonafide marriage.
Your earlier comment about everyone being separated for the interview is very unlikely, unless they suspected all those couples they interviewed. These stokes interviews are only conducted after high suspicion. Trust me... it takes them MORE time to interview you separately than together.
Personally, I understand that people want small weddings, but pictures with family members included in the photos would help. I can add just about anyone to my lease, gym membership etc. What do you THINK people with sham marriages do ? The hardest thing to get from sham marriages is for all the family to get together to take a happy picture.
Your timeline may be of question as well... marriage after 1 month of knowing each other? especially at age 20-22 ? not going to say its not going to work, but there is a reason why divorce rate is so high in America. Expiring visa ?
I wish you the best of luck with the rest of your process. I think pictures, letters from respectable individuals who know you, not his friend, or not your friends, but people who have nothing to gain from you/him getting married.
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ceadsearc reacted to Little_My in I-485 Processing while traveling in AP
As long as you make sure you get the information about a possible interview and can make it back to the US for the interview (if you have one), you are good to travel. However, if you plan to be abroad for a considerably long time period, you might have to answer questions and face some scrutiny at POE about why you were gone for so long. Are you keeping an apartment here in the US? If you are, I would bring documentation of that with you to show that you've maintained residence here during your travels.
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ceadsearc reacted to missicy in AOS after VWP- Married before entry
He needs not only remember the date of his divorce, but must send copies of divorce documents with I-130. It will not be approved without them.
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ceadsearc reacted to NigeriaorBust in Claiming from the sponsor.
This is NOT what they did even though many people wrongly think it is. They signed a contract with the government to reimburse the government for any means tested benefits that the visa recipant gets. They were required to show income for the total family unit of 125% to convince the government that they could collect from the sponsor if they needed to. NOTHING says the visa recipient is going to live at any certain income level. The OP claims to have their own business and "too many bills" which implies the need to downsize. Many people in the US over extend themselves and it actually causes many marriages to fall apart over the stress of the bills. Even if the OP sued the sponor the sponor could request that the OP liquidate their assets first and then they would make up the difference. No court of law is going to force someone to pay up for another adults bad spending habits. A good dovorce lawyer and a debt consuling service are probably the best thing for the OP.
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ceadsearc reacted to Harpa Timsah in How long do we have to wait after applying for Adjustment of Status while on a Tourist Visa?
When your application is accepted for initial review (NOA1) then you will enter a NEW period of authorized stay, and can (and must) wait here until the AOS is adjudicated. You can work and travel once you get the EAD/AP card combo. Good luck!
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ceadsearc reacted to Penguin_ie in Can wife be only sponsor with current income?
***** Moving from CR-1 to AOS from Student Visa as OP is already in the country *****
Yes your wife can be the only sponsor. You should be prepared to show letters from both jobs stating how long she's been there, how much she earns and that this is expected to be a long-term job, as well as several paystubs from each job.
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ceadsearc reacted to juliava in J-1 to K-1
As your fiancee is a J-1 visa holder, make sure she is not subject to 2 years home residency requirement. If she is - she needs to apply for a waiver, get approved and only then file for AOS.
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ceadsearc reacted to juliava in NC drivers license expiring in 2 months. getting married in 1 month
You should check the NC DMV website. Every state has slightly different rules for non-US citizens when it comes to renewing your DL.
Check this out:
http://www.ncdot.org/dmv/driver/renewal/
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ceadsearc reacted to snooki703 in Pulitzer-prize winner Vargas says he's an illegal immigrant
Via legislative reform on key immigration policies - yes. It is obviously too late for Vargas, and I agree no one is above the law so he should expect nothing less than be subject to removal proceedings. But in the future....
America can provide legal pathways for hard working, value-creating, gifted individuals like Vargas. Currently, permanent residency in the US is exceedingly difficult to establish unless through marriage to a US citizen or through other family petitions. There is no formal way to attract innovators, geniuses, and brilliant minds into this country (arguably we have H1B into the green card pathway, but this system is also highly broken and flawed).
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ceadsearc reacted to The Dude in Pulitzer-prize winner Vargas says he's an illegal immigrant
Being an illegal immigrant is not a crime.
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ceadsearc reacted to JimVaPhuong in Denied
The Congress that you're expecting to change the law to be more tolerant is the same Congress that passed the law to begin with. The law allows only one exception to a false claim of citizenship, and that's if both parents are or were US citizens. The only reason that exception exists is because someone might reasonably believe they were a US citizen if both of their parents were. If one parent is not a US citizen then there's room for doubt. The correct answer in the OP's case should have been "I don't know". Until they know for sure then the answer shouldn't have been "yes". There is no waiver for this. There is also no expiration to the term of inadmissibility. These factors indicate that Congress considered this particular violation to be especially serious.
The law is also very clear that only a false claim of citizenship for a benefit under the Act is an inadmissibility and a deportable offense. You won't be deported for telling a car salesman or bank teller that you're a US citizen. You WILL be deported for signing an I-9 form stating you're a US citizen.
As long as we're talking about long shots, I can suggest an alternative to pleading with the media, who are essentially powerless...
Senators have the authority to introduce Private Bills. These can be used to block deportation of one or more individuals. Senator Diane Feinstein of California is famous for introducing these bills. She's introduced more than a dozen of them this year alone. If one of these bills is approved it has the effect of negating any inadmissibility, and granting permanent resident status to the individual(s) covered by the bill. Members of the House of Representatives can introduce similar bills. If I was going to spend my time appealing for someone's attention, I would be pleading with my Senator and Congressman to introduce one of these bills on my behalf. I'd stay away from the media unless my congressional representative specifically told me to try to drum up a little public support.