tigerlibra
09-28 04:31 PM
Would greatly appreciate some advice regarding my fiancee.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
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hdos
06-11 09:31 PM
Hi,
I found from lawyer that there is no such thing called 10 days grace period after your last date of your H1. That is a big misconception. You can stay only in this country if you travel outside US and stayed more than 60 days. and that is also that rule applys to for first 6 years only.
for example, if somebody travels to outside country for 3 months within the first 6 years of their h1. and if his/her h1 is completing today than thay can use their 3 monthns period after 3 months form today. and they can only this at end of their first 6 years expiration of their h1. thay cannot use this period if they are on 7th or more years on extension.
after end of your h1 (does not matter after 6 years or 10 years), if you stay in US for 179 days than, your overstay is considered as illigal stay but there do not consider as violation and that does not count if you try to come back in US again. if your overstay is more than equals to 180 but less than a year than you are baan form entering US for 3 years. and if overstay is more thatn 1 year than you are baan from enterting US for 10 years.
I found from lawyer that there is no such thing called 10 days grace period after your last date of your H1. That is a big misconception. You can stay only in this country if you travel outside US and stayed more than 60 days. and that is also that rule applys to for first 6 years only.
for example, if somebody travels to outside country for 3 months within the first 6 years of their h1. and if his/her h1 is completing today than thay can use their 3 monthns period after 3 months form today. and they can only this at end of their first 6 years expiration of their h1. thay cannot use this period if they are on 7th or more years on extension.
after end of your h1 (does not matter after 6 years or 10 years), if you stay in US for 179 days than, your overstay is considered as illigal stay but there do not consider as violation and that does not count if you try to come back in US again. if your overstay is more than equals to 180 but less than a year than you are baan form entering US for 3 years. and if overstay is more thatn 1 year than you are baan from enterting US for 10 years.
Flashbaby1010
10-27 12:04 PM
I didn't see my post listed. Here's a link to the thread
http://www.kirupa.com/forum/showthread.php?p=2511972#post2511972
Hi everyone,
Here is a list of all entries currently submitted to the Buttons contest:
Church Time by birdwing (http://www.kirupa.com/forum/showthread.php?t=336684)
SplasH by sb0k (http://www.kirupa.com/forum/showthread.php?t=336746)
SimpleButton by Scythe (http://www.kirupa.com/forum/showthread.php?t=336944)
Always wear a smile by xxxheeroxxx (http://www.kirupa.com/forum/showthread.php?t=336981)
Brrrr! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337076)
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Farmyard: Moo! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
Farmyard: Oink! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
Farmyard: Cheep! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
KirupaScript by idark (http://www.kirupa.com/forum/showthread.php?t=337154)
First Alien on the Moon by excogitator (http://www.kirupa.com/forum/showthread.php?t=337251)
LOST! by ritwik_ind (http://www.kirupa.com/forum/showthread.php?t=337623)
If you don't see your entry in the list, please send reply here with a link to your thread.
Cheers!
Kirupa :)
http://www.kirupa.com/forum/showthread.php?p=2511972#post2511972
Hi everyone,
Here is a list of all entries currently submitted to the Buttons contest:
Church Time by birdwing (http://www.kirupa.com/forum/showthread.php?t=336684)
SplasH by sb0k (http://www.kirupa.com/forum/showthread.php?t=336746)
SimpleButton by Scythe (http://www.kirupa.com/forum/showthread.php?t=336944)
Always wear a smile by xxxheeroxxx (http://www.kirupa.com/forum/showthread.php?t=336981)
Brrrr! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337076)
Flower by flocke (http://www.kirupa.com/forum/showthread.php?t=337163)
Farmyard: Baa! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
Farmyard: Moo! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
Farmyard: Oink! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
Farmyard: Cheep! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
KirupaScript by idark (http://www.kirupa.com/forum/showthread.php?t=337154)
First Alien on the Moon by excogitator (http://www.kirupa.com/forum/showthread.php?t=337251)
LOST! by ritwik_ind (http://www.kirupa.com/forum/showthread.php?t=337623)
If you don't see your entry in the list, please send reply here with a link to your thread.
Cheers!
Kirupa :)
2011 effect on Vanessa Hudgens#39;
ak_manu
10-17 06:32 PM
Hello,
I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).
My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.
I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?
Thanks!
I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).
My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.
I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?
Thanks!
more...
yagw
07-27 12:28 AM
I need your input.
My PD was Feb 2006-EB2.
I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.
I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.
1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
I am thinking since the job change is very recent they might not know about this job change.
Its not mandatory to file AC21. If at all any RFE for EVL, you can respond at that time with your new job info.
2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?
My understanding is, till your MTR is approved, you cannot work. Ofcourse, this applies only if you're using EAD based on that i-485. If you're still on H1/other visa or using EAD based on some other I-485, this wont apply to you.
Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.
I agree.. at this time just let it take the course...
Thank you very much for your advice and help in this matter.
BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
DISCLAIMER: I am not an Attorney and this is not a legal advice.
My PD was Feb 2006-EB2.
I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.
I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.
1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
I am thinking since the job change is very recent they might not know about this job change.
Its not mandatory to file AC21. If at all any RFE for EVL, you can respond at that time with your new job info.
2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?
My understanding is, till your MTR is approved, you cannot work. Ofcourse, this applies only if you're using EAD based on that i-485. If you're still on H1/other visa or using EAD based on some other I-485, this wont apply to you.
Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.
I agree.. at this time just let it take the course...
Thank you very much for your advice and help in this matter.
BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
DISCLAIMER: I am not an Attorney and this is not a legal advice.
rahul2699
05-19 12:18 PM
Ok thanks, is this a full 12 months with entry to the US, as I have been travelling into the US on the odd weekend for personal trips. Not sure if that would impact on the 12 month time period or not.
it is believed to be 12 months outside US which can be interpreted as 12 months with no trips to US however please check with an immigration attorney. It seems like you may need a quick session to get clarification
it is believed to be 12 months outside US which can be interpreted as 12 months with no trips to US however please check with an immigration attorney. It seems like you may need a quick session to get clarification
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number30
10-19 10:14 PM
Hi,
Can anyone share experience applied for PIO at CGI Houston ? I am planning to apply for PIO for my son. Can you please suggest what are the documents needed ?
Thanks !
Take duplicate copies of the form. Take your and spouse passports with one copy each. Both you and your spouse needs to sign the form. CGI Houston does not takes the Check so carry the cash.
Can anyone share experience applied for PIO at CGI Houston ? I am planning to apply for PIO for my son. Can you please suggest what are the documents needed ?
Thanks !
Take duplicate copies of the form. Take your and spouse passports with one copy each. Both you and your spouse needs to sign the form. CGI Houston does not takes the Check so carry the cash.
2010 Vanessa Hudgens Candid Outfit
yabadaba
06-24 12:41 PM
the free ead/ap is based on the $1010 fee for 485..so if u file ur 485 now.. u r pretty much in the non free group
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alisa
05-25 07:09 AM
I hope you are right. I hope the visa dates move forward by another year in the next two or three months (atleast for EB3 ROW). But it is unlikely. (Maybe, if the backlog reduction centers are shut down, it might be a possibility)
I am under the new points based system however. My wifes is still in the old system (EB3 ROW.)
BTW, for India, 10% of 90K would be 9K. Not any different than what was in 2006.
The PDs probably moved because they didn't want to lose visa numbers, like they lost the 11K visa numbers. So now, with such a huge advance, they are guaranteed an unending supplly of petitions for a long long time.
I hope I am wrong, and you are right, and the PDs continue to move forward.
But it doesn't seem likely. Nothing has changed fundamentally.
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
I am under the new points based system however. My wifes is still in the old system (EB3 ROW.)
BTW, for India, 10% of 90K would be 9K. Not any different than what was in 2006.
The PDs probably moved because they didn't want to lose visa numbers, like they lost the 11K visa numbers. So now, with such a huge advance, they are guaranteed an unending supplly of petitions for a long long time.
I hope I am wrong, and you are right, and the PDs continue to move forward.
But it doesn't seem likely. Nothing has changed fundamentally.
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
hair Vanessa Hudgens was seen out
ras
03-17 02:45 PM
We hear a lot about good credit.. but not a very good understanding of what it means
So is a score 670 considered to be good one? How much approx.. would be mortgage/month for $300K house. Ofcourse there are many factors but just to get a ball park free..
So is a score 670 considered to be good one? How much approx.. would be mortgage/month for $300K house. Ofcourse there are many factors but just to get a ball park free..
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sai
03-25 11:43 AM
How can a attorney help in getting H1 stamped at a Canadian US consulate ?
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dask
12-09 03:42 PM
Hey Dask, I am a 31 JAN 2002 PD too! Did not not receive any FP notice recently.
Sent u a private mail
Sent u a private mail
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house JPG Vanessa Hudgens
ram006
07-17 09:35 AM
I meant re-apply for her 485
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
tattoo Vanessa Hudgens wearing a
needhelp!
10-18 05:37 PM
http://www.uscis.gov/files/nativedocuments/AILAQandASept2007.pdf
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pictures Vanessa Hudgens in Nudie
diptam
06-24 06:17 PM
I mean from AUG 1st the CURRENT status may vanish... who knows ?
NEBRASKA is currently processing 485 submitted as of Sep 26 2006 which means the backlog is of 1 yr 9 months.....
may be this will help you
485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.
485 fess until Jul 30th is 395 USD and you will pay separate fee for both EAD & AP every year until you get GC.
How can we expect to pay 395 USD for GC and get free EAD & AP every year? makes sense?
NEBRASKA is currently processing 485 submitted as of Sep 26 2006 which means the backlog is of 1 yr 9 months.....
may be this will help you
485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.
485 fess until Jul 30th is 395 USD and you will pay separate fee for both EAD & AP every year until you get GC.
How can we expect to pay 395 USD for GC and get free EAD & AP every year? makes sense?
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kaisersose
07-17 10:44 PM
Today is a great day in IV history!
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
Same as my case. This is not a problem. You can either send in her vaccine reports when she gets them or else USCIS will issue an RFE and you can send the reports as part of the response.
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
Same as my case. This is not a problem. You can either send in her vaccine reports when she gets them or else USCIS will issue an RFE and you can send the reports as part of the response.
more...
makeup vanessa hudgens casual
ItIsNotFunny
05-03 09:23 AM
Please be positive. What is wrong in signing petition? If you are not convince, don't sign. Please don't discourage others.
Yeh, may be signing online petition is less or same time as posting one message here :) :) :)
Yeh, may be signing online petition is less or same time as posting one message here :) :) :)
girlfriend that Vanessa Hudgens has
jayleno
04-24 09:41 AM
Guys,
A few days back my wife got the same RFE. Except we were asked to sumbit different evidence like joint back account, joint tax filings, joint residency, insurance on which both names are listed etc.
Looks like its getting very common to request this evidence recently.
A few days back my wife got the same RFE. Except we were asked to sumbit different evidence like joint back account, joint tax filings, joint residency, insurance on which both names are listed etc.
Looks like its getting very common to request this evidence recently.
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kaisersose
07-27 02:48 PM
Thanks. I will ask my employer if they can provide me one.
The Labor is of no use to you, except to feel secure that they indeed applied for your Labor. But since you have already applied for your 485 and have an RD, it is obvious there was a labor and that is all you really need.
Since you have already applied for 485, a 140 copy would be pretty much useless too. I would not sweat it out.
For AC21, it is better to have a 485 receipt copy. Make sure you get that. You will also need it if you travel outside the US before your AP arrives.
The Labor is of no use to you, except to feel secure that they indeed applied for your Labor. But since you have already applied for your 485 and have an RD, it is obvious there was a labor and that is all you really need.
Since you have already applied for 485, a 140 copy would be pretty much useless too. I would not sweat it out.
For AC21, it is better to have a 485 receipt copy. Make sure you get that. You will also need it if you travel outside the US before your AP arrives.
yagw
07-27 01:55 PM
yagw,
Regarding your comment
>>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?
By law, you need to notify change of address within 10 days of your move.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
Regarding your comment
>>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?
By law, you need to notify change of address within 10 days of your move.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
smiledoc
02-28 09:57 AM
We got our FP in sept 07. Our attorney has advised that we file earlier to be on the safer side.
I am in the same boat as well. But you answer your question - am almost sure you don't need FP to renew your EAD. Having said that - why would renew your card in June? (Considering that you might not have received your EAD till Aug-Sep'07 of last year).
I am in the same boat as well. But you answer your question - am almost sure you don't need FP to renew your EAD. Having said that - why would renew your card in June? (Considering that you might not have received your EAD till Aug-Sep'07 of last year).
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