jkb11

So I have just completed my interview, and asked the interviewer explicitly about the 3 / 5 years worth of history in the application. He said that one's expected to fill out the forms according to their statutory period (3 years history back for 3 year rule filers). So all good, had no issues whatsoever.

So I have just completed my interview, and asked the interviewer explicitly about the 3 / 5 years worth of history in the application. He said that one's expected to fill out the forms according to their statutory period (3 years history back for 3 year rule filers). So all good, had no issues whatsoever.

Hey everyone,
I recently learned about this, I figured I will share it with you. Although some of you might already know about it, I see a lot of posts all over the forums that wrongly state that overstaying student or w&t visas with "D/S" I-94 trigger 3/10 year bans and that a waiver is required. Here goes:
http://www.temple.edu/isss/pdfs/OverstayandUnlawfulPresenceprovisions.pdf
Important parts:
So, basically, if you overstay an F-1 or J-1 visa and unless you're brought to the immigration judge or file for something with USCIS, your overstay timer doesn't ever start ticking. Hence, your departure does not trigger the 3/10 year ban even if you spend way more time in the U.S. than you were supposed to.
The CO's don't neccessary have to know all the laws, so if you're in a situation like this and the CO tells you you're inadmissable based on 222(g) or 212(a)(9)(B), you need to convince them it doesn't apply to you.
Cheers!

So I have just completed my interview, and asked the interviewer explicitly about the 3 / 5 years worth of history in the application. He said that one's expected to fill out the forms according to their statutory period (3 years history back for 3 year rule filers). So all good, had no issues whatsoever.

I don't think this is true. As long as you file as married (as opposed to single, which means trouble), you should be good. Married couples have the freedom of choosing their filing status (jointly, separately), basing on what yields a smaller tax bill. In this case, the OP's mother will claim him as a dependent, hence the OP has no choice but to file separately.
Cheers

Did you sign any documents? What did you sign? What paperwork have you been given at POE?

Sent my application for passport and passport card yesterday, expedited. Adding myself
===================================================================
US Passport & Card: 2016 Applicants
===================================================================
UserName......|Expedited|Sent....|CheckCash|TrackDate|PP-Rec'd |PPCRD-Rec'd|NC-Rec'd |Location
VAresident....|NO.......|01/02/16|DebitCard|--/--/--.|01/14/16.|01/15/16...|02/02/16.|Manassas, VA
RMB175........|NO.......|01/04/16|01/07/16.|01/07/16.|01/16/16.|01/15/16...|02/05/16.|Baltimore, MD
Berty.........|NO.......|01/07/16|01/13/16.|01/13/16.|01/16/16.|01/16/16...|01/16/16.|Boston, MA
KASH2011......|NO.......|01/08/16|01/13/16.|01/13/16.|01/20/16.|NO.........|01/25/16.|Atlanta, GA
thebulletin...|YES......|01/08/16|01/13/16.|01/13/16.|01/21/16.|01/29/16...|01/25/16.|New York, NY
Amy_and_Victor|NO.......|01/09/16|01/19/16.|01/18/16.|02/01/16.|NO.........|02/06/16.|Indianapolis, IN
Spadevil......|NO.......|01/14/16|MoneyOrd.|01/21/16.|01/29/16.|01/29/16...|02/02/16.|New York, NY
Polinka_tlt...|NO.......|01/25/16|01/29/16.|01/29/16.|02/05/16.|NO.........|02/08/16.|Houston, TX
Omeka.........|NO.......|01/26/16|02/02/16.|02/02/16.|02/11/16.|02/13/16...|02/16/16.|Phoenix, AZ
lilsweetie....|NO.......|01/27/16|02/02/16 |02/02/16.|02/10/16.|NO.........|02/10/16.|Seattle, WA
SeNaNa........|NO.......|01/28/16|DebitCard|02/02/16.|02/06/16.|NO.........|02/06/16.|New York, NY
Dario2012.....|NO.......|02/18/16|MoneyOrd.|02/23/16.|03/05/16.|NO.........|03/07/16.|Houston, TX
Ed & Dais.....|NO.......|02/19/16|02/25/16.|02/25/16.|03/10/16.|03/11/16...|03/21/16.|Baltimore, MD
pic16f84......|NO.......|02/24/16|03/01/16.|03/01/16.|03/15/16.|03/17/16...|03/17/16.|Santa Ana, CA
MyOwnV........|NO.......|02/25/16|CredCard.|03/02/16.|03/05/16.|NO.........|03/11/16.|Los Angeles, CA
Fifth Echelon.|YES......|02/29/16|03/07/16.|03/07/16.|03/12/16.|03/15/16...|03/24/16.|Austin, TX
Timon.........|NO.......|03/01/16|DebitCard|03/07/16.|03/18/16.|NO.........|03/18/16.|New York, NY
PI314.........|NO.......|03/09/16|MoneyOrd.|03/16/16.|03/24/16.|NO.........|03/28/16.|Denver, CO
ITERtheway....|NO.......|03/09/16|03/15/16.|03/16/16.|03/30/16.|04/01/16...|04/04/16.|Huntsville, AL
galephys......|NO.......|03/10/16|03/17/16.|03/17/16.|03/28/16.|NO.........|04/02/16.|Poquoson, VA
lilsweetie(Sn)|NO.......|03/16/16|03/22/16.|03/22/16.|04/07/16.|04/16/16...|04/07/16.|Seattle, WA
BirdyGirl85...|NO.......|03/16/16|03/22/16.|--/--/--.|04/01/16.|NO.........|04/06/16.|San Francisco, CA
Spoom.........|NO.......|03/19/16|03/23/16.|03/23/16.|04/06/16.|NO.........|04/09/16.|Mentor, OH
Skyajnas......|NO.......|03/21/16|03/28/16.|03/26/16.|04/08/16.|04/11/16...|04/13/16.|Cumming, GA
lilsweetie(Dt)|NO.......|03/24/16|03/30/16.|03/30/16.|04/13/16.|04/16/16...|04/16/16.|Seattle, WA
She_him.......|NO.......|03/26/16|03/31/16.|03/29/16.|04/19/16.|NO.........|04/21/16.|Marina, CA
kkhouston.....|NO.......|03/30/16|MoneyOrd.|04/05/16.|04/27/16.|NO.........|04/30/16.|Houston, TX
WyoCowgirl....|NO.......|04/05/16|04/08/16.|04/11/16.|04/21/16.|04/25/16...|04/25/16.|Cheyenne, WY
megabitc......|YES......|04/15/16|04/22/16.|04/23/16.|04/30/16.|NO.........|05/02/16.|Duluth, MN
Ms Hogan......|YES......|04/18/16|04/25/16.|04/23/16.|04/29/16.|05/02/16...|05/04/16.|Cleveland, OH
Ms Hogan Kid 1|YES......|04/18/16|04/25/16.|04/23/16.|04/29/16.|05/02/16...|05/04/16.|Cleveland, OH
Ms Hogan Kid 2|YES......|04/18/16|04/25/16.|04/23/16.|04/29/16.|05/02/16...|05/04/16.|Cleveland, OH
thoko.........|NO.......|04/22/16|04/26/16.|--/--/--.|05/13/16.|NO.........|05/14/16.|Dana Point, CA
nessky........|NO.......|04/25/16|04/29/16.|04/29/16.|05/14/16.|NO.........|05/24/16.|Miami, FL
Bukinaija.....|NO.......|05/03/16|DebitCard|05/10/16.|05/20/16.|05/23/16...|05/23/16.|Newark, NJ
alanandmaria..|YES......|05/04/16|05/09/16.|05/07/16.|05/16/16.|05/20/16...|05/19/16.|San Francisco, CA
Malbol........|NO.......|05/04/16|MoneyOrd.|05/10/16.|05/21/16.|NO.........|05/23/16.|Raleigh, NC
squareleg.....|NO.......|05/07/16|05/11/16.|05/12/16.|05/20/16.|NO.........|05/27/16.|Newark, NJ
another1......|NO.......|05/08/16|DebitCard|05/18/16.|05/26/16.|05/28/16...|05/31/16.|Atlanta, GA
VeeNDee.......|NO.......|05/16/16|DebitCard|05/27/16.|05/31/16.|06/04/16...|06/01/16.|Monroe, WA
Zee481........|NO.......|05/17/16|MoneyOrd.|05/21/16.|06/02/16.|NO.........|06/10/16.|Cooper City, FL
Zee481(kid)...|NO.......|05/17/16|MoneyOrd.|05/21/16.|06/02/16.|NO.........|06/10/16.|Cooper City, FL
bgd...........|NO.......|06/01/16|DebitCard|06/06/16.|06/20/16.|NO.........|06/23/16.|Bellevue, WA
icefresh......|YES......|06/03/16|--/--/--.|--/--/--.|--/--/--.|--/--/--...|--/--/--.|Fairfax, VA
spmaria.......|NO.......|06/14/16|06/21/16.|06/21/16.|06/27/16.|06/30/16...|07/01/16.|Flemington, NJ
visajourney13.|YES......|06/15/16|06/20/16.|--/--/--.|07/08/16.|NO.........|07/08/16.|Philadelphia, PA
djawal(family)|NO.......|06/22/16|--/--/--.|06/29/16.|07/14/16.|NO.........|07/15/16.|Houston, TX
Iwo_Jima......|NO.......|06/24/16|06/29/16/|06/29/16.|07/16/16.|07/18/16...|--/--/--.|San Jose, CA
Hampier.......|NO.......|06/25/16|06/29/16/|06/29/16.|07/05/16.|NO.........|07/08/16.|Torrance, CA
3600rs........|NO.......|06/27/16|07/05/16.|07/05/16.|07/18/16.|07/21/16...|07/22/16.|Orlando, FL
Binibini22....|NO.......|06/27/16|DebitCard|07/05/16.|07/15/16.|NO.........|07/15/16.|Agana, GU
JimmyHou......|YES......|06/30/16|07/12/16.|07/12/16.|07/18/16.|07/18/16...|07/23/16.|Houston, TX
gbk947........|NO.......|07/11/16|--/--/--.|07/28/16.|07/29/16.|07/30/16...|08/01/16.|Las Vegas, NV
mahyland......|NO.......|07/14/16|07/20/16 |07/21/16.|07/29/16.|NO.........|08/02/16.|Dallas, TX
Anishp........|NO.......|07/21/16|--/--/--.|--/--/--.|--/--/--.|--/--/--...|--/--/--.|San Jose, CA
Witamar.......|NO.......|07/21/16|07/26/16.|07/26/16.|08/06/16.|08/06/16...|08/06/16.|Santa Ana, CA
charmander....|YES......|07/23/16|07/27/16.|07/27/16.|08/03/16.|NO.........|08/03/16.|Boston, MA
CaramelSwirl..|NO.......|07/27/16|08/02/16.|08/01/16.|08/08/16.|08/08/16...|08/12/16.|Manchester, NH
Minami........|NO.......|08/02/16|08/09/16.|08/09/16.|08/12/16.|NO.........|08/15/16.|Milpitas, CA
KiwiVisa......|NO.......|08/03/16|08/09/16.|08/09/16.|08/15/16.|08/18/16...|08/17/16.|Asheville, NC
Rogperdiaz....|YES......|08/04/16|08/10/16.|08/10/16.|08/13/16.|08/22/16...|08/18/16.|Orlando, FL
a1v...........|NO.......|08/05/16|DebitCard|08/11/16.|08/26/16.|NO.........|08/27/16.|Atlanta, GA
J.W...........|NO.......|08/05/16|Check&Dbt|08/12/16.|08/18/16.|NO.........|08/20/16.|Rutherford County, TN
DNIEPU........|NO.......|08/11/16|MoneyOrd.|08/16/16.|08/27/16.|NO.........|08/29/16.|Chatsworth, CA
mrsfrisbey....|NO.......|08/11/16|MoneyOrd.|08/16/16.|08/26/16.|NO.........|08/29/16.|Los Angeles, CA
ryna..........|NO.......|08/11/16|08/17/16.|08/17/16.|08/31/16.|08/29/16...|09/01/16.|Orlando, FL
BKMS..........|YES......|08/12/16|MoneyOrd.|08/17/16.|08/20/16.|NO.........|08/24/16.|Chatsworth, CA
Maria2012.....|YES......|08/15/16|08/22/16.|--/--/16.|08/26/16.|NO.........|08/27/16.|Seattle, WA
Bentley7......|YES......|08/15/16|08/19/16.|08/19/16.|--/--/16.|NO.........|--/--/--.|Salt Lake City, UT
kiwibean......|NO.......|08/22/16|08/26/16.|08/26/16.|09/07/16.|NO.........|09/09/16.|Boston, MA
oohpartiv.....|NO.......|09/06/16|09/13/16.|09/13/16.|10/06/16.|NO.........|10/07/16.|Alexandria, VA
kmula.........|NO.......|09/09/16|DebitCard|09/14/16.|10/11/16.|NO.........|10/11/16.|Jacksonville, FL
kmula(kid)....|NO.......|09/09/16|DebitCard|09/14/16.|11/17/16.|NO.........|11/18/16.|Jacksonville, FL
Ste&Velma.....|NO.......|09/10/16|09/20/16.|09/15/16.|09/27/16.|NO.........|09/27/16.|San Juan, PR
JGD108........|NO.......|09/23/16|09/30/16.|09/29/16.|10/11/16.|NO.........|10/11/16.|Santa Ana, CA
vkrishn.......|NO.......|09/28/16|09/30/16.|10/03/16.|10/07/16.|--/--/16...|--/--/16.|Los Altos, CA
Vilya.........|NO.......|09/29/16|10/04/16.|10/11/16.|10/15/16.|10/18/16...|10/18/16.|Houston, TX
Aschenbecher..|NO.......|09/30/16|--/--/16.|--/--/16.|10/14/16.|NO.........|10/15/16.|Philadelphia, PA
Cwbyfan.......|NO.......|10/05/16|10/12/16.|10/12/16.|10/20/16.|NO.........|10/21/16.|New York, NY
thejaguar.....|YES......|11/17/16|--/--/16.|11/22/16.|11/28/16.|NO.........|11/28/16.|Mountain View, CA
Eugr..........|YES......|11/18/16|11/22/16.|11/21/16.|11/26/16.|12/02/16...|12/02/16.|Santa Cruz, CA
jkb11.........|YES......|12/21/16|.........|.........|.........|...........|.........|Schererville, IN
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Wow! Congrats to the first May's approval!

Conditional GC is unlike the unconditional one. When your conditional GC expires, your LPR status is terminated and you are removable from the U.S (unless you file I-751 or I-829 in a timely manner). Conversely, when it is a 10-year GC that expires, you are not going out of status. You just need to renew the card to have an up-to-date proof of your LPR status.

Or did you mean a full magazine?

Or did you mean a full magazine?

I think if GZ gets anything else than acquittal, it will be a miscarriage of justice.

I think if GZ gets anything else than acquittal, it will be a miscarriage of justice.

Exactly! The wait together is much more bearable than the wait for the initial visa was. It hasn't seemed like more than 5 months has already gone by since we applied for AOS. Good luck to you all.

That depends. He would be treated as a tax resident in the U.S. That means he could get foreign tax credit on his wages, and probably avoid paying taxes as France has higher tax rates than the U.S. However, if he was, for instance, self-employed, he would need to pay FICA taxes in the U.S. Bottom line is, if he met the substantial presence test, the IRS needs to hear from him one way or another, unless his total income for given calendar year was below the filing threshold. This is important if he wants to have a future in this country as an immigrant.

This is not true. When you land and are denied entry, you usually get something that's called "expedited removal", which is a standard procedure and includes visa revocation and 5-year re-entry bar, waivable with I-212. You are then being given a sworn statement form I-867A/B and then get on the first plane back to your country of origin. This would greatly impair your visa process, as you would need to submit a waiver application. Sometimes, at their discretion, CBP officers can grant withdrawal of application for admission. Then your visa is still revoked, but it doesn't involve the 5-year bar and you would still be eligible for a fiance/spousal visa immediately. You are usually given form I-877 then.
This is always something you need to consider when arriving at the U.S. Port of Entry. Calculate your risk.
As KDH's now spouse is Canadian, the CBP can simply turn them around from the land border without starting the whole expedited removal procedure.

I'm going to repeat the question of previous posters: on what basis did you get your green card? Also: for how long have you had your green card? Having answers to these questions is crucial.
Based on your answers you could do one of the following (this is what I can think of off the top of my head):
- Wait till you get your citizenship. If your children are still going to be under 18, they would qualify for citizenship as well (someone please verify this). If they are going to be over 18 but under 21, they would qualify for green cards based on being immediate relatives of a U.S. citizen. Then they can adjust status within the U.S. and overstay/illegal employment would be forgiven.
- File to petition for your kids' immigrant visas. When petition is ready to be processed at the embassy (visa number available), leave with the kids to attend the visa interview. Unless any of them are 18 years and 180 old at the time of departure, there is no overstay ban and they would qualify to get their IVs.
Good luck!

Yes, the somewhat popular misconception that marriage protects your status can effectively ruin your life. Do not leave the country without GC.

Yes, the somewhat popular misconception that marriage protects your status can effectively ruin your life. Do not leave the country without GC.

There is no provision of law that would prohibit tourists (neither B2s nor VWPs) from staying for more than 180 days within 12 consecutive months. You might enter, stay the full six months (not 180 days), leave for a day or two and come right back. It's up to the CBP officer at the border if he lets you back in.
OP: IMO if you propose and she accepts, you get married and do concurrent filing, it's perfectly legal and there is no visa fraud involved, as she will have clearly no intention of staying at the time of admission. However, keep in mind that if you decide to take that route, it might take 2-3 months from the date of filing, for her to receive travel documents (advance parole), which would allow her to reenter the US after temporary foreign travel.

http://www.gizmodo.co.uk/2013/02/a-facebook-bug-pretty-much-took-down-the-entire-internet/
I guess that's what happened. Kinda scary if you ask me

To be precise, the USA is a (constitutional) federal republic based on a democratic system. Don't confuse with democratic republic (or "people's"), you wouldn't like to see this happen

This sounds like a horror story. Having your fiancee right there, at the airport, with a proper visa, after months of waiting, just to learn she's being sent back home. My deepest sympathy.
Now, as to the problems at the POE, it is to my understanding, that K-1 holders very, very rarely have any problems at the border, not to mention being denied entry altogether. Possible reasons:
1. The OP was already married at the time of K-1 entry, in which case entering on K-1 would be against the law.
2. There is more to this story than meets the eye. Maybe the IO at the POE found a reason for inadmissibility that we don't know about, yet. Hence, he denied entry. I find it hardly unlikely to be scrutinly questioned about some details regarding the petitioner's house without a valid reason, especially when it comes to immigrants from countries such as South Korea.
3. We're dealing with a troll.

Excuse me, but where is her immigrant intent at the time of entry? As much as she is concerned, they are filing for CR1?
Cheers!

As you enter on K-1, your lawful presence expires in 90 days as per I-94 form stamp. Within that time period you need to get married. After 90 days, even if you get married, if you don't file for AOS, you are out of status. The marriage certificate and your expired I-94 are not a proof of maintaining a lawful status. After you file for AOS and receive NOA1, you stop accruing days of unlawful presence as you are "in a period of authorized stay as granted by the Attorney General".
Cheers!

As you enter on K-1, your lawful presence expires in 90 days as per I-94 form stamp. Within that time period you need to get married. After 90 days, even if you get married, if you don't file for AOS, you are out of status. The marriage certificate and your expired I-94 are not a proof of maintaining a lawful status. After you file for AOS and receive NOA1, you stop accruing days of unlawful presence as you are "in a period of authorized stay as granted by the Attorney General".
Cheers!