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bhindzioncurtain

Help!!! Filed 1 week ago, now wife must leave for emergency

By bhindzioncurtain in Adjustment of Status from Work, Student, & Tourist Visas

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

It will depend upon the nature of the emergency.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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raven52 Proficient

raven52   233

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

I would think a good, solid conversation take place between you and your wife. You need to weigh the effects of your marital situation, and decide what is the most important.

What are the ramifications if she leaves, without AP?

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Unidentified Mentor

Unidentified   2,930

Posted
Filed: Citizen (apr) Country: Sweden
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Posted

Is the emergency really worth abandoning a petition for? Is someone dying? We all have different definitions of emergencies and I think you need to figure out if this is one of those emergencies that is worth the risk of abandoning a petition. Gather all the info and evidence for the info pass and good luck!





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Boiler Grand Master

Boiler   45,527

Posted
Filed: K-1 Visa Country: Wales
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Posted

Not sure what you think you are missing.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Unidentified Mentor

Unidentified   2,930

Posted
Filed: Citizen (apr) Country: Sweden
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Posted

Boiler, can you enter the US to adjust status on a visitors visa? Isn't it considered fraud?

Depends on the intentions. If you intend to go to the states on a visitors visa with the purpose of getting married then yes that's fraud. If you go on a visitors visa and it just happens without it being planned before you arrived into the us then no, it's not fraud.





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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
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Posted

Maybe I am missing something....You are married, adjusting status in the US on a visitors visa?

Hi,

What you're missing arise from Visa Journey's TOS.

It's immigration fraud to enter the U.S. on a non immigrant visa with the intent to immigrate. This is why people scream fraud when a person say they intend to enter the U.S. on a visitor visa with the intent to immigrate. Giving advice to this person is a VJ TOS violation and the monitors will lock the thread.

However, under case law (Matter of Batista and Matter of Cavazos), USCIS can not deny the adjustment of an Immediate Relative of a USC based on the preconceived intent to immigrate. So a foreign spouse who is admitted into the U.S. on a visitor visa can adjust without any problem. It's okay to give advice here because no one is helping them commit the fraud to enter the U.S.

Planning to immigrate when entering on a visitor visa is bad.

If a person has already entered, then it's okay to give advice. All is good.

It's the equivalent of no punishment if you have already committed the fraud.

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bhindzioncurtain Contributor

bhindzioncurtain   12

Posted
Filed: Other Country: Ukraine
 Timeline
  • Author
Posted

No fraud happening here, she has visited multiple times before this visit and I never met or talked to her before we met in January. We met, hit it off, and decided to start a life together.

The emergency has to do with a paternity issue in Ukraine with her daughter from another man. The man's wife when he died is contesting the paternity of his daughter. So my wife has been subpoenaed to court and she has to also get the body exhumed to do the paternity test to protect the interests of her daughter.

So I have arranged an Info Pass interview and also in process of filing paperwork with our Senator requesting assistance.

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Boiler Grand Master

Boiler   45,527

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

More people seem to come over as visitors and adjust than say use the K1, what there intent is only they know.

I came on a K1, we were advised by a Lawyer to just come over on the VWP but that would have been naughty.

I have only met one person who came on a K1.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Unidentified Mentor

Unidentified   2,930

Posted
Filed: Citizen (apr) Country: Sweden
 Timeline
Posted

More people seem to come over as visitors and adjust than say use the K1, what there intent is only they know.

I came on a K1, we were advised by a Lawyer to just come over on the VWP but that would have been naughty.

I have only met one person who came on a K1.

Wow, your lawyer encouraged Immigration fraud!? :P Yeah, that would have been naughty...





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