OMG...case frozen since January, another RFE.

[Hunnie 3]

Okaso just because she came with a visa inspected by an immigration officer ahe can adjust ? Well if she really came on a visa waiver you can even look it up yourself she cant adjust or change status! I work as a legal secretary for immigration i know what im saying thats why i asked where shes from! But maybe she comfised her type of visa, but thats why i asked when you come in a bisa waiver you get a green i-94 card but then again i am not going to take your words serious i know what im talking about maybe she doesnt have a visa waier

[tina17 3]

You are absolutely wrong on this, you are as good as their lawyer LOL, only misleading the poor couple. Visa waiver folks can easily adjust. Be sure of what you are saying before putting it out in the public. These couple has been through a lot already than to be hearing another falsehood from you at this point LOL. Smile. Vanessa, Harpa and the rest of the guys did a justice to her situation already so they should be fine from now onward.

Thank you. Yes, it was and it is awful. We thought we could trust our lawyer.......

[tina17 3]

Thanks everyone in taking interest in our problem. Your support is priceless. haven't got scanner, but will find a way to post the details of our last RFE to make sure that we'll be posting all correct stuff this time

[romnick 15]

Okaso just because she came with a visa inspected by an immigration officer ahe can adjust ? Well if she really came on a visa waiver you can even look it up yourself she cant adjust or change status! I work as a legal secretary for immigration i know what im saying thats why i asked where shes from! But maybe she comfised her type of visa, but thats why i asked when you come in a bisa waiver you get a green i-94 card but then again i am not going to take your words serious i know what im talking about maybe she doesnt have a visa waier

I hear you legal secretary to the immigration. If truly you know exactly what you are talking about then you should know that any person married to a US citizen can adjust status under visa waiver programs cos he rule except them. You really need to do your home work very well.

Edited May 26, 2013 by romnick

[Nich-Nick 3,354]

Okaso just because she came with a visa inspected by an immigration officer ahe can adjust ? Well if she really came on a visa waiver you can even look it up yourself she cant adjust or change status! I work as a legal secretary for immigration i know what im saying thats why i asked where shes from! But maybe she comfised her type of visa, but thats why i asked when you come in a bisa waiver you get a green i-94 card but then again i am not going to take your words serious i know what im talking about maybe she doesnt have a visa waier

1. The OP Tina came from the United Kingdom, a visa waiver country. She has NO visa. Visa waiver means a visa is not required to visit the US.

2. She married a US citizen and indeed can adjust status based on her marriage. If she planned this in advance as a way to get around immigration procedures, then it is considered fraud to enter the US as a tourist with the intent to immigrate. But at interview, the intent question rarely comes up. Visa waiver people who married US citizens get greencards all the time. If her case goes badly and is denied because she does not provide the correct documentation, then she has no appeal options. That is part of the visa waiver agreement.

3. The green form you speak of is not an I-94. The I-94 is white and was issued to those traveling on a visa. Visa waiver persons used to receive a form I-94W which was green. Those have not been given out on airplanes for about two years now. Tina did not get an I-94W because the entry system is paperless now. She registered with ESTA ( Electronic System for Travel Authorization) before travel. The white I-94 is supposed to be phased out by this week for all air and sea entries. It too is changing to paperless.

[amykathleen2005 441]

She can adjust but if she is denied then things won't be pretty.

Okaso just because she came with a visa inspected by an immigration officer ahe can adjust ? Well if she really came on a visa waiver you can even look it up yourself she cant adjust or change status! I work as a legal secretary for immigration i know what im saying thats why i asked where shes from! But maybe she comfised her type of visa, but thats why i asked when you come in a bisa waiver you get a green i-94 card but then again i am not going to take your words serious i know what im talking about maybe she doesnt have a visa waier

My mom used to work for doctors should she start doing surgeries?

[VanessaTony 3,567]

Okaso just because she came with a visa inspected by an immigration officer ahe can adjust ? Well if she really came on a visa waiver you can even look it up yourself she cant adjust or change status! I work as a legal secretary for immigration i know what im saying thats why i asked where shes from! But maybe she comfised her type of visa, but thats why i asked when you come in a bisa waiver you get a green i-94 card but then again i am not going to take your words serious i know what im talking about maybe she doesnt have a visa waier

I understand your confusion because way back in the beginning I thought the same thing. She cannot adjust or change her status to any other visa type (work, student etc) while in the US, that is correct. She CAN apply to adjust her status to that of a Legal Permanent Resident. There are hundreds, probably thousands, of posters who have done this. It's not illegal as long as you didn't enter with intent.

I can tell you that legal assistants know procedure, they don't know law. The law they learn is based on the quality of their boss and how much the boss tells them and how much they pick-up along the way. This still not not enable them to give legal advice but makes their job easier. I'm sorry that either your boss didn't tell you this, or your boss doesn't know this. Not all attorney's know everything. The stories many posters could tell....

[tina17 3]

Hi everyone, thank you again for ALL support. Here is the attachment of our most recent RFE there are 2 pages. Page 2 will follow immidiately, as I do not know how to send 2 attachments together.

We spoke to our lawyer just this morning, and he believes that there may be 2 seperate case files...because for some reason the USCIS uses two seperate case numbers when they refer to our case, one of these numbers is active on the USCIS website when we check our case status, and one of them is inactive. Our lawyer is calling the USCIS directly on Tuesday to try and straighten this mess out, as he claims to have already sent them all the requiered information. Our lawyer agreed with us that the I-864 Affidavit of Support for the petitioner needs to be filled out... and we will do that.

[tina17 3]

for some reason, cannot get the file attached.....will try though

[NikLR 13,227]

your file size is probably too big. You are only allowed 1000k for attachments and that first page is 770k. It's better to take a screen shot, redact important personal information and then post it as a jpeg on a site like photobucket with a link to the picture.

[tina17 3]

your file size is probably too big. You are only allowed 1000k for attachments and that first page is 770k. It's better to take a screen shot, redact important personal information and then post it as a jpeg on a site like photobucket with a link to the picture.

Thank you so much! will try that.

[dwheels76 5,468]

Thank you so much! will try that.

Okay pulled up just fine. But I would highly suggest you delete. Because you have all your personal information. Can u black out name and case#, That should not be viewed for public audience.

The birth certificate when was it issued?

You said you needed to send in the I-864 for petitioner.

Did you call and ask what the issue was with the marriage certificate?

[tina17 3]

Okay pulled up just fine. But I would highly suggest you delete. Because you have all your personal information. Can u black out name and case#, That should not be viewed for public audience.

The birth certificate when was it issued?

You said you needed to send in the I-864 for petitioner.

Did you call and ask what the issue was with the marriage certificate?

ok we will adjust it, but how to delete it?

[dwheels76 5,468]

ok we will adjust it, but how to delete it?

click on report ask a Mod to delete that post.

[tina17 3]

Here's another edited copy of our page 1 RFE.... as attachment, managed to crop the personal details

click on report ask a Mod to delete that post.

thank you