I-29f q b-12 and part c

[babybyrd 0]

Hi Everyone

I have asked this question elsewhere on line and the answer I got was that I will need to speak to an immigration lawyer - but then I found this site and I am now hopeful I can find an answer here.

Question B-12 - - - - - i am the UKC but i am in and out of the USA up to twice a month - usually for one or two nites at a time for work - I am a flight attendant. How do we answer question B12 which asks if i am currently in the usa? The answer changes from one day to the next.

Part C - - my fiancee (the USC ) HAS been convicted and had to answer yes to one of the charges listed. Its something i know about and have always known about. But is this likely to stop them allowing ME to come to the usa? someone else suggested that he has to answer that question in order for USCIS to check that i do know and understand and that he has told me and been honest with me - - does anyone here know any more than that?

If i may - as i am on a question asking role - id like to know if once approved and given a k1 - after the wedding and when AOS is being applied for - am i as the immigrant fiancee/spouse allowed to leave the usa voluntarily while AOS is being processed?

Thanks very much in advance - i do hope you can offer me some insights

[HeatDeath 430]

I can answer your first and third questions. The second is outside my direct experience.

Your answer to whether or not you are currently in the USA, and indeed every single piece of information you give them, must be correct for the period up to and including the specific day you date the form. It doesn't matter if you will be arriving in the US two days later. What matters is that the information in and associated with the form represents a true snapshot of reality at the moment the form is signed and dated.

As for the third question, there is a period of 40-90 days immediately after filing AOS where leaving the US will badly screw up your life. After you file AOS you must not leave until you have either an Advance Parole document (applied for with a Form I-131 as part of your AOS application) or a green card in your hand. Mine took 46 days to process from when I filed my AOS. It can take a little longer sometimes, but not usually much shorter than that.

You are, of course, totally free to leave the US during this period, but without one of those two documents, it is highly unlikely (and at that, utterly dependent on the staggeringly improbable mercy and grace of the individual CBP officer you are dealing with upon attempted reentry) that you will be allowed back into the US without waiting months and spending hundreds of dollars to get a spousal visa. In effect, you would be forced to restart the immigration process from scratch.

Others will be able to answer your second question more authoritatively than I, but generally speaking, it depends a lot on the specific charge. Some charges, particularly if they're of a spousal or child abuse in nature, can make it very difficult for that USC to get a petition approved. Getting past these involves waivers and it's a big pain in the tuckus. Others, mostly misdemeanors or minor felonies that lack moral turpitude (a technical legal term roughly equivalent to "conscious evil intent") are not as much an obstacle. The main thing will be that the consulate you interview at will almost certainly ask about your knowledge of them, primarily for your own protection. So make sure you have received a full briefing on them from your honey.

Edited March 4, 2010 by HeatDeath

[HeatDeath 430]

On rereading the I-129F form, I see that section C refers exclusively to abuse crimes or other crimes of moral turpitude. He may have a fight on his hands getting the petition approved with stuff like that on his record. A waiver will almost certainly be necessary, and you should start digging around in the waivers section of this forum to find out what might be involved there.

You can COUNT on being asked about his record in significant detail when your petition is eventually approved and sent to the consulate, but you may have a fair bit of extra work to do first getting it through USCIS.

[babybyrd 0]

On rereading the I-129F form, I see that section C refers exclusively to abuse crimes or other crimes of moral turpitude. He may have a fight on his hands getting the petition approved with stuff like that on his record. A waiver will almost certainly be necessary, and you should start digging around in the waivers section of this forum to find out what might be involved there.

You can COUNT on being asked about his record in significant detail when your petition is eventually approved and sent to the consulate, but you may have a fair bit of extra work to do first getting it through USCIS.

thanks very much HD

its off to the waivers section for me!

[baron555 934]

Hi Everyone

I have asked this question elsewhere on line and the answer I got was that I will need to speak to an immigration lawyer - but then I found this site and I am now hopeful I can find an answer here.

Question B-12 - - - - - i am the UKC but i am in and out of the USA up to twice a month - usually for one or two nites at a time for work - I am a flight attendant. How do we answer question B12 which asks if i am currently in the usa? The answer changes from one day to the next.

They want to know your permanent residence, so the answer is No. The form is used for other visa types where this question is more germane.

Part C - - my fiancee (the USC ) HAS been convicted and had to answer yes to one of the charges listed. Its something i know about and have always known about. But is this likely to stop them allowing ME to come to the usa? someone else suggested that he has to answer that question in order for USCIS to check that i do know and understand and that he has told me and been honest with me - - does anyone here know any more than that?

No, you might be asked about it at the interivew. Sounds like all is fine and should be fine. If the crime was a sex offense or domestic violence related there might be delays in the processing or requests for further evidence that the is not a threat to anyone anymore.

If i may - as i am on a question asking role - id like to know if once approved and given a k1 - after the wedding and when AOS is being applied for - am i as the immigrant fiancee/spouse allowed to leave the usa voluntarily while AOS is being processed?

No.....actually you can leave at any time you want, it's returning that would be the problem. You MUST have either the AP or GC in hand prior to leaving to be able to return. If you don't have these, you won't be allowed in and would have to repeat the process except for a CR-1 visa since by then you'd be married.

Thanks very much in advance - i do hope you can offer me some insights

[babybyrd 0]

Thanks so much for that!