Preparing evidence of home ties early...

[cdn_in_wa 1]

I wasn't planning to post here again, either.

But I thought I should clarify a couple of things noted in bakofoil's lengthy post (I think - I don't want to have to go back and read it again).

I had no doubt that good advice was being doled out, it was the tone of some of the posts, that bothered me. And as someone suggested, it was good to point these pitfalls out for others. It was that others would be expected to find the information through all the nastiness, which made me inject my opinion. And my concern that others, perhaps newcomers unsure how to search VJ for information, should not be put off asking questions, which in some cases, may cause them to re-think the concurrent process and file for K or CR. As I said before, advice can be given without the attitude.

As to the reality that some posters on VJ are bitter because they didn't or couldn't file concurrently, while it is true, I did not mean to suggest that everyone is this thread was doing that. I'm not even sure I meant to suggest that anyone in this thread was, just that I had seen it on VJ.

[bakofoil 27]

cdn_in_wa, I agree with you on much of what you said. I think though, that there was a general tone in the thread (not from you necessarily) that some were being unhelpful when actually I think everyone who posted was concerned that the OP would achieve a successful AOS - from whatever pre-AOS perspective.

Anyway, as far as 'putting off newcomers from posting questions', I agree and think that extends also to people who ridicule those who do post comments relevant to the discussion.

Having said that, I was amused by GueraYTavo's comment that I clearly had too much time on my hands because actually I do! I can't deny it. It was cathartic, bit like taking a dump actually, I had a bee in my bonnet. If I'd had in mind the reader at all - I seriously would have stopped around about now and not banged on for so long. You see, to explain the 'bee', I think it's important that people know what they're facing - because when I first came across VJ I was 4 months off filing K1 and had I known about AOS from VWP in the detail I do now - I totally would have chanced it. VJ is not the best place to learn about that process because so many are against it - as you pointed out.

Anyway, there's no need to be fighting and scoring points, we're all coming from the same position in life, we had loved ones in another country and did all that we could to be with them. It's beautiful

[Hydey 0]

Anyway, there's no need to be fighting and scoring points, we're all coming from the same position in life, we had loved ones in another country and did all that we could to be with them. It's beautiful

Very well said, and i'd like to thank everybody who genuinely was/is trying to help me and wishing me a successful AOS, regardless of my circumstances. I wish you all the best... i'll make another post like this nearer my interview date, and hopefully it wont sway the way that this one has done!

-Hydey

[rebeccajo 14]

cdn_in_wa, I agree with you on much of what you said. I think though, that there was a general tone in the thread (not from you necessarily) that some were being unhelpful when actually I think everyone who posted was concerned that the OP would achieve a successful AOS - from whatever pre-AOS perspective.

Anyway, as far as 'putting off newcomers from posting questions', I agree and think that extends also to people who ridicule those who do post comments relevant to the discussion.

Having said that, I was amused by GueraYTavo's comment that I clearly had too much time on my hands because actually I do! I can't deny it. It was cathartic, bit like taking a dump actually, I had a bee in my bonnet. If I'd had in mind the reader at all - I seriously would have stopped around about now and not banged on for so long. You see, to explain the 'bee', I think it's important that people know what they're facing - because when I first came across VJ I was 4 months off filing K1 and had I known about AOS from VWP in the detail I do now - I totally would have chanced it. VJ is not the best place to learn about that process because so many are against it - as you pointed out.

Anyway, there's no need to be fighting and scoring points, we're all coming from the same position in life, we had loved ones in another country and did all that we could to be with them. It's beautiful

Why is that?

[Hydey 0]

Rebecca, stop, PLEASE!

[EstebanTrabajos 7]

Can't you just ask the moderator to kill this thread Hydey? Since I guess there are some people more interested on keeping it alive for purposes others than helping and lending a hand.

As I said, TOO much free time...

Edited September 15, 2008 by GueraYTavo

[bakofoil 27]

Why is that?

...because I had an opportunity to stay, but not knowing the facts I thought I had to return home and file for a visa. So I did and have kicked myself ever since. I don't think you were expecting that answer.

GueraYTavo, what exactly is your problem? No one is breaking the TOS here. If the thread bothers you so much then ...go away. It probably would have died already if you hadn't kept chipping in with your judgemental off-topic unwitty comments. Maybe YOU have too much time on your hands.

[EstebanTrabajos 7]

Why is that?

...because I had an opportunity to stay, but not knowing the facts I thought I had to return home and file for a visa. So I did and have kicked myself ever since. I don't think you were expecting that answer.

GueraYTavo, what exactly is your problem? No one is breaking the TOS here. If the thread bothers you so much then ...go away. It probably would have died already if you hadn't kept chipping in with your judgemental off-topic unwitty comments. Maybe YOU have too much time on your hands.

With all due respect, WHO IS TAKING ABOUT YOU??

I was talking about Rebecca, since I guess you didn't read that the OP just asked her to stop the questioning since this is just damaging the rhetoric of this thread.

I thought we were done by me not answering to your posts and you actually acknowledging that the main purpose is not to keep a score but I was wrong you LOVE to turn this into a fight club thread. EVERYBODY, if you are not posting something related to the OP's main question w/o judging him but just informing him refrain from posting and stop wasting his time and messing up his thread (and I'm including MYSELF ok??)

Edited September 15, 2008 by GueraYTavo

[bakofoil 27]

With all due respect, WHO IS TAKING ABOUT YOU??

I was talking about Rebecca, since I guess you didn't read that the OP just asked her to stop the questioning since this is just damaging the rhetoric of this thread.

I thought we were done by me not answering to your posts and you actually acknowledging that the main purpose is not to keep a score but I was wrong you LOVE to turn this into a fight club thread. EVERYBODY, if you are not posting something related to the OP's main question w/o judging him but just informing him refrain from posting and stop wasting his time and messing up his thread (and I'm including MYSELF ok??)

It really is not about keeping score or fighting with you. I am interested in the discussion. Rebecca questioned a comment I made and I answered it honestly.

I figured that I already had held out the olive branch to you by admitting that a previous post was overly long, but you keep coming back to the thread and berating people for continuing any on-topic discussion. The thread doesn't stop just because you say it should, because you want the last word or to make fun of anyone adding anything to the discussion. It's that type of behaviour which makes some people nervous of posting. Clearly I'm not frightened off, but it doesn't mean I want to fight with you. I would rather we didn't and kept to the main discussion.

EVERYBODY, if you are not posting something related to the OP's main question w/o judging him but just informing him refrain from posting and stop wasting his time and messing up his thread (and I'm including MYSELF ok??)

Ok. Good idea

[rebeccajo 14]

Richard -

Please - I'm not 'in your thread' to pass judgment. I'm in 'your' thread so you and others may learn.

Here is a recent court case and some commentary on it (for those of you who are interested).

http://www.ca9.uscourts.gov/ca9/newopinion...pdf?openelement

"Precedential opinions from the 9th Circuit Federal Court of Appeals (9thCA) are generally considered to be sympathetic to a wide range of foreign nationals who are trying to remain in the United States. 9thCA often followed by other federal Courts of Appeals. The USCIS in California is following the reasoning of this opinion. Other USCIS jursidication may follow.

Additionally,the USCIS my incorporate the ruling into formal policy, memos, or guidance that then controls similar situations."

http://www.smithimmigration.com/node/70

[rebeccajo 14]

Why is that?

...because I had an opportunity to stay, but not knowing the facts I thought I had to return home and file for a visa. So I did and have kicked myself ever since. I don't think you were expecting that answer.

I didn't expect your comment in the first place. But I don't know the specific facts you refer too either.

[Hydey 0]

Rebecca, i am well aware of the momeni case, thank you. And i must point out that Momeni overstayed his visa waiver and married way after the 90 day limit, only when he was brought in by the ICE did he apply for AOS. My application was received before my 90 day limit expired and i am not located in the 9th circuit.

[EstebanTrabajos 7]

Ok. Good idea

Ok hihihi peace!

(last time I break my own rule)

Edited September 15, 2008 by GueraYTavo

[bluegreen 0]

Ok. Good idea

Ok hihihi peace!

(last time I break my own rule)

One small step for mankind...one giant leap for VJ...

[rebeccajo 14]

Rebecca, i am well aware of the momeni case, thank you. And i must point out that Momeni overstayed his visa waiver and married way after the 90 day limit, only when he was brought in by the ICE did he apply for AOS. My application was received before my 90 day limit expired and i am not located in the 9th circuit.

Richard -

Yes you're correct your cases are different. And we're all glad for that.

Richard, all along our discourses over the last few weeks you have taken a defensive posture to my writings. I wish there was some way I could convince you that my admonitions are not attacks. Over the course of my professional life I have learned that it's best to cut to the chase and not sugar coat facts. I'm sorry if you perceive what I have written as attacks on your situation. But they were written with the hope of bringing you front and center to the gravity of your situation. You wrote for advice BEFORE you came to the US; before you married your wife; and before you filed your adjustment. You have made your own choices.

The fact of the matter is this, Richard - you have yet to sit before a representative of the US government regarding your immigration. I have - once in London with my husband for his visa interview, and again at his adjustment interview. I have said nothing to you in my writings that you might not hear at an interview. You may expect your Adjudicating Officer to be looking at you with a critical eye - that is what they are paid to do. I personally am unlikely to ever forget the demeanor of Michael, my husband's AO. He was polite; professional; matter of fact; rarely smiled and was borderline cold. In answering any questions we had about the system or what we might expect, his answers to us were ALWAYS by-the-book USCIS. I made a slight mention of our employment situations at our interview, and Michael perked up in his chair and inquired whether or not my work had changed since I filed the affidavit of support. So believe me when I tell you that adjudicator's are listening carefully when you speak - and they are listening for discrepencies.

Insofar as Momeni, I brought the case forward as an example of how courts can interpret immigration law. Decisions rendered create case law and that's the importance of this decision. The importance of referencing the 9th Circuit has nothing to do with where you live - it has to do with that particular court taking a different stance than it has in the past.