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Found 6 results

  1. I am unsure how to best phrase this post, especially as I am unsure what to actually *do* but I suppose there's no harm in asking first. I am a British person, currently a holder of a conditional green card awarded to me on the basis of marriage to an American citizen. We married in July of 2016. However, as of 12th of February of this year, we divorced (the wonders of her thinking I earned too little money). I flew back to the UK to live with family as of the 7th of May this year. Lately however, I realised my card expires in April of next year. Whilst at first I was hoping to try and renew this card and remove the restrictions by filing a waiver on the spousal based forms, I realised this may be an impossibility due to no longer having a place to stay in the US (the place I lived with friends is no longer available), an income if I were to move back, (I may have a job available were I to return, but I closed my US bank account upon leaving) and insufficient evidence to support my waiver (I destroyed much of the evidence for instance, that would prove the legitimacy of my marriage, plus additionally we never made joint financially decisions, such as bank cards or bills) Whilst I would still love to renew my green card, without an effective series of miracles happening I’m not sure if it would happen. This leads me to my questions. If I wanted to re-enter the US after my green card expires in April 2019, am I clear to do so on an ESTA tourist visa up to the period of 90 days? I have tried to find an answer to this question online and have met with answers from ‘not being allowed into the country’ to ‘it being perfectly fine.’ I was wondering if this also ties with my green card. Should I surrender my provisional card to the US Embassy in London or anyone to help expedite any future re-entry into the U.S? Secondly, I now have a new partner, who is also American. We are eventually planning for him to move to the U.K to live with me. But hypothetically speaking, if we were to ever to decide to move back to the U.S, (provided we were married, perhaps over two years) would there be any possibility of myself getting a second, *different* green card?
  2. I entered the US based on a VWP with the intention of just visiting my wife and bringing our dog over with the intention to see if he would be able to settle here in the US to then go back and work in my homecountry to do the I-130 process from there through CP. However I recently learned about the option of AOS and between that and our dog being restless when I'm not around and my wife asking to stick around and go through the process here in the US I've got the intention of going for an AOS while I'm here. Currently I'm predominantly worried about the new 30/60/90 day guidelines that the DOS adopted and in how much it might influence my application. My I-94 is valid till the end of August so based on previous advice (that might be outdated) I was thinking of sending everything in after 60 days. In addition there are some circumstances that don't necessarily fit in the typical mould (but it's our story), but for the most part those are things that will become relevant later. I met my wife online back in November and rather quickly we decided we wanted to get married. After visiting her in December we both went to Europe where we married in January, after which she returned to the US. Between this (short engagement, recently married and the guidelines) my only concern for now is the question of intent or rather how to prove that there wasn't any when I entered the US. Any advice is appreciated (and yes I'm well aware that people that plan on going the K-3/CR-1 route in general are typically sour when they hear about AOS plans, I was one of them).
  3. My family is traveling to Vietnam near the end of June, I think we have everything in order... My question is regarding the Visa for our daughter and myself. I was on the VN website and ran across some information about Visa Waivers. Looks like our daughter and I would be exempt from obtaining a travel visa to VN because of her mothers status. I am married to a VN national and our daughter is ... well of course a child of a VN citizen. Any comments or advise regarding this? Thanks, Steve
  4. Hi All! First of I want to thank everyone for making this page so amazing with being such an active community. It has been my resource through most of my trying to understand this process of getting my fiance over to the USA. So here is my situation, my fiance is native to Jamaica, but when he was in his early twenties, he was not leading the best of lives, and he got caught and convicted with a felony gun possession and intent to discharge the firearm in Canada where he was living with his mother. His family did not have the money to get him an attorney and so he only had a public defender, and although they were trying to pin more charges on him because of the company he was keeping, he was only charged with the gun felonies but they automatically have a mandatory minimum prison sentence allotted to such crimes . He did receive 5 years in prison, and after his stay, he was deported back to Jamaica. This was over 15 years ago. He has changed around his life, and has had no brushes with the law since then, but I know that this criminal history can be a huge red flag for immigration. My question to everyone here, is I have contacted attorneys, and the prices that they are throwing at me are pretty steep, not that I am against paying it, but they are saying that they won't even know if he will need any waiver until the interview process but yet they want over $3500 just for their legal fee to try to represent us for the K-1 process and then if needed, that big lump of money will cover the waiver process to show undue hardship. I was trying to decide though what would be the damage or harm to our case, if we were to complete the K-1 process on our own, following the guides here, and then only if we are denied, which I know the odds are pretty high that we will be, then I can fork over the $$$$ to the attorneys to take on the visa waiver case. Furthermore, if we are denied, I plan on getting married to him and then applying for the spousal immigration visa with the waiver, since I know that the process with the visa waiver can take over a year, and I really do not want to wait that long to get to say I do. ..... am I just being silly in even thinking to try to do the K-1 visa process with his criminal history being what it is? Do I just need to pay the money and realize that if I want to get married this year, I will need to just focus on doing the Cr-1 visa and visa waiver?? Any and all help or advice from you folks will be most appreciated! Thanks!
  5. Hi. A question here. I am reading the guide here (what what had been shared regarding the birth abroad for LPR). https://fam.state.gov/fam/09FAM/09FAM020102.html If the father is LPR for a number of years, and the mother is a natural born USC (but cannot pass the citizenship automatically), and the child was born abroad (after the LPR father became a LPR, and before the first return to the USA of the LPR father since the baby was born), would the visa waiver still possible? The language used in the guideline specifically mentioned LPR mother. 9 FAM 201.2-3 IMMIGRANT TRAVEL WITHOUT A VISA (CT:VISA-364; 05-25-2017) (3) Certain Alien Children Not Required to Obtain Visas: (a) The child born after the issuance of a visa to a parent, or a child under two years of age born of a Lawful Permanent Resident alien mother during a temporary visit abroad, is not required to have a visa if the child is: (i) Born subsequent to issuance of an IV to the accompanying parent within the validity of the parent’s immigrant visa; or (ii) Born during the lawful permanent resident mother’s temporary visit abroad provided that: · Admission is within 2 years of birth; and · Either accompanying parent is applying for readmission upon first return after the birth of the child. (b) Requiring Reentry Document of Child’s Parent: The provisions of 9 FAM 201.2-3 paragraph (3)(a) above apply only if the alien parent is in possession of a valid Form I-551, a valid reentry permit, refugee travel document (lawful permanent resident only), or an SB-1 visa. With respect to 22 CFR 42.1(d), it is irrelevant whether the visa issued to the accompanying parent is an initial visa or a replacement visa. (c) Evidence of Parent-Child Relationship: To facilitate the admission of children under the provisions of 9 FAM 201.2-3 paragraph (3)(a) above consular officers should instruct parents to have with them documentary evidence of the parent-child relationship. Does this mean for the above case, since the language used in the guide specifically says it is meant only for LPR mother, the child must be petitioned? Or is there a different interpretation (where LPR mother and father are treated the same - and thus the newborn will still get a visa waiver - and the LPR father can accompany the newborn to the USA)?
  6. I need some insight on my situation. Any advice is greatly appreciated. I filed for my wife's i-130 last February and it was finally sent to NVC. From my understanding it will still be quite some time before the whole process is finished. We were wondering if it would be possible for her to visit the USA on the Visa Waiver Program, and then apply for the i-485 adjustment of status so she can wait for the green card while being together here. My questions are: Is filing for the i-485 on the VWP dangerous? Is it considered a misrepresentation regarding intention to immigrate? Are people normally denied in these cases? If we are denied, will it effect our original i-130? Also, we originally petitioned the i-130 in Japan, and I figured her interview would be there. If her i-485 were approved, would that change her interview location? Or would she have to go back to Japan for the interview? Any other important points that I may be missing would be a great help. Thank you for your time and consideration on the matter.