Lawyer or InfoPass?

[Singers 0]

I forgot to add our whole story:

We submitted our I-130 in December. Followed by the I-129F in January after we received our NOA1. My husband and I have been taking turns visiting each other so we're basically never apart, swapping back and forth between Singapore and the US.

When we arrived in the US in February we were stopped at Immigration. They pulled us to the side and asked us about his status, how long he was planning on being in the United States, where was his return ticket etc. What we didn't know was that his I-130 was approved. They hadn't mailed the notice yet and the website wasn't updated so we literally had no way of knowing this had happened. (Oh, and the fact that we had been out of the US for the last few weeks didn't help!)

We just kept telling the truth saying he was going to return on X day after visiting for two months and hopefully by that time his paperwork would be ready to go to the embassy so it wouldn't be too long for him to be away. (Fortunately I hadn't found VJ yet and we really could plead ignorance to most of the Immigration questions being asked to us in regards to submitting documents etc. At one point I literally said: Is that the first form or the second? I couldn't remember which one was the I-130! I definitely don't make that mistake now!) After two Immigrations Officers spoke with us and realized that we really were innocent in our intent, and that he was planning on returning to Singapore, they let him into the country but not without educating us first! Like you're not allowed to hang around the country until your paperwork is approved (which was close to what we were doing but we honestly thought that time would run out on his visa before his I-129F would be approved so he would have to go back and even if it was approved, we thought his only choice was to fly back for the interview anyway.) and claiming you're visiting family and not saying "my spouse" specifically could be considered misleading... Good to know!

Of course after that incident I ran home and tried to find everything I could about Immigration etc. Enter VJ! I spent the entire night reading everything I could that had to do with K-3. Boy that was a long night!

The next day we got the NOA2 for our I-130 and started laughing. That's when we realized why Immigration had pulled us aside. They had known the entire time and didn't even tell us! That's why they kept asking me the dates we filed the paperwork and quizzing me on all the information I had put in the forms. (Where did you reside in 2001? etc.)

Unfortunately our I-130 is being retained. So instead of paying the $200 and waiting to see what happens when you file the transfer form (which apparently is nothing?), we decided to file the I-485. But not before I started this thread, called the hotline and read everything I could about AOS.

Like I said above, I have spoken with people who have filed the I-485 without having anything approved by an embassy first and all have faired well. (Granted this mostly involved Canadians or Mexicans married to USC but at least I have some sort of precedent to reassure me! ) I can only hope this is true for us.

And like I said, I am not recommending anyone follow my lead. I don't even know how this will turn out for us. I can only hope everything runs smoothly.

[meauxna 15]

holy #######.

Did you consult with a lawyer with those details? I ask because you answered some very specifc questions at the POE.

[Singers 0]

holy #######.

Did you consult with a lawyer with those details? I ask because you answered some very specifc questions at the POE.

No, I have not consulted with a lawyer. And I did leave out of that posting that at the end of the interview the Immigrations Officer did say: I was just testing you and told me HIS story about going through the whole K-3 process, how USCIS lost his application, how he had to get his Congressman involved and how his wife already had a green card when her NOA2 mysteriously showed up at her residence 2 years later! It was pretty casual after the intial questioning and I honestly do not think he was 'out to get us.' He even said sorry that he seemed very mean at first to which I responded I didn't think he was mean, a little scary but not mean and he laughed. Then he made fun of my "deer in headlights look" when he first stopped us and told us he could put my husband on the next flight home if we didn't answer his questions quickly and honestly.

I do not want to give the wrong impression of the Immigration's Officer because was VERY NICE and he was just doing his job.

[hcj 0]

Wow. I know you filed the I-485 already but I would strongly urge you to consult with an immigration lawyer asap and discuss whether your spouse can expect to adjust status without risk. Even though you filed already, you are not without options -- you can still withdraw the I-485 and have your spouse go back home and pursue an immigrant visa with the approved I-130. Which, IMHO would be the far safer choice. I think there are a lot of issues about intent that you do not realize or appreciate yet. Those who PM'd you and said they filed I-485 while in the US -- had they filed anything else with USCIS prior to that point? If they had not, that is a VERY different situation than the one your spouse is in -- making their course of action reasonable but yours, maybe, probably, not.

[Singers 0]

I didn't rely solely on VJ. (as much as I love the site!)

1. I made sure we have proof that we did not know just in case. (Kept our boarding passes, printed out the USCIS website update showing the date two weeks after we arrived back in the US and the NOA2 with the approvals dates when we were out of the country.)

2. I read the USCIS website and it very specifically said: If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following: have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

AND

You may be ineligible for adjustment to permanent resident status if:You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)

So we're proceeding with the I-485 and will hire an attorney if we run into trouble. Like I said, I don't recommend anyone following in my footsteps and will keep updating as we move through the process.

[hcj 0]

Suit yourselves. Best of luck!!

[Singers 0]

Suit yourselves. Best of luck!!

Ok. Now I've completely lost all confidence again and I am going to schedule a consultation with an immigration attorney in the morning. (Better safe than sorry.. and since we can afford it might as well.) I'll let everyone know what the attorney says. (Though I cannot imagine too many people ever winding up in the same situation as us!)

Edited April 10, 2007 by Singers

[Ladylethal 12]

Careful on choosing a lawyer though, some know less than some VJ members.

[meauxna 15]

I didn't rely solely on VJ. (as much as I love the site!)

1. I made sure we have proof that we did not know just in case. (Kept our boarding passes, printed out the USCIS website update showing the date two weeks after we arrived back in the US and the NOA2 with the approvals dates when we were out of the country.)

2. I read the USCIS website and it very specifically said: If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following: have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

AND

You may be ineligible for adjustment to permanent resident status if:You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)

So we're proceeding with the I-485 and will hire an attorney if we run into trouble. Like I said, I don't recommend anyone following in my footsteps and will keep updating as we move through the process.

Everything you cite here is outside the conversation you had at the POE--that is what you should be interested in. Check that no notes were put in your passport, tho based on your statements, you convinced him. I'm sure the officer IS nice, and did do his job. Now you want to make sure that him doing his job is not going to make a problem with your current plans.

When you speak with a lawyer, tell all. I think everyone would agree it is better to face this now than leave it hanging.

[Singers 0]

I'm not sure what you mean by 'outside the conversation' we had at POE. (And yes, I'm very aware of the varying ability in the legal profession. I've dealt with lawyers before for business and some I wonder how they even passed the bar!)

[zyggy 9]

What I believe she means is that the the information that you gave above is very general and in your case is very misleading.. you have an additional and very important detail that could very well turn your case upside down... that detail is the fact that you had an interview with some officers in secondary inspection at the POE where they asked some very detailed questions regarding your intentions...

In your case, the answers that you gave at the POE may come back to haunt you... you gave them some specific answers about your plans and should know that your answers most likely were noted... it appears that your actions are running counter to the answers that you gave....

If asked, how are you going to prove to the possibly not-so-nice USCIS adjudicator that you weren't misrepresenting yourself at the POE... remember that it isn't the USCIS who has to prove that you were misrepresenting yourself... it your job to prove to their satisfaction that you weren't...

Edited April 10, 2007 by zyggy

[hcj 0]

Ok. Now I've completely lost all confidence again and I am going to schedule a consultation with an immigration attorney in the morning. (Better safe than sorry.. and since we can afford it might as well.) I'll let everyone know what the attorney says. (Though I cannot imagine too many people ever winding up in the same situation as us!)

I'm glad you are going to get a consult. As the saying goes, an ounce of prevention is worth a pound of cure. There are enough red flags in what you have mentioned so far that *I* would feel better if you discussed exactly what was said at the POE with a lawyer. Although obviously it's your life and doesn't affect me but you know what I mean.

Anyway I hope the lawyer agrees with your decision and doesn't see major problems with it, I know you do not want to be separated again. I do wish you the best of luck!!

[Singers 0]

Ok. Now I understand. This is something I will take up with the lawyer. As far as I know they didn't make any notes during the interview but that is something I have to check and they did ask us if we were planning on living in the US and we said "yes, after his paperwork comes through."

Well, we will see what the lawyer says.

[Singers 0]

Ok. Now I've completely lost all confidence again and I am going to schedule a consultation with an immigration attorney in the morning. (Better safe than sorry.. and since we can afford it might as well.) I'll let everyone know what the attorney says. (Though I cannot imagine too many people ever winding up in the same situation as us!)

I'm glad you are going to get a consult. As the saying goes, an ounce of prevention is worth a pound of cure. There are enough red flags in what you have mentioned so far that *I* would feel better if you discussed exactly what was said at the POE with a lawyer. Although obviously it's your life and doesn't affect me but you know what I mean.

Anyway I hope the lawyer agrees with your decision and doesn't see major problems with it, I know you do not want to be separated again. I do wish you the best of luck!!

Thanks! I'm one big bundle of nerves (natural worrier!) and I'm glad you pointed this out. Honestly it didn't occur to me that this could cause a potential big problem, I thought we would sail through! (I guess because the POE interview landed on such a good note it didn't occur to me that it could bite in the rear!) Bird's eye view does help sometimes! And I have to say that this is the only forum I know where people are nice, actually concerned, try to help and don't flame each other. (Now if only other forums would take notes!)

I'm talking with the lawyer this afternoon for the initial consultation. Fingers crossed!

Edited April 10, 2007 by Singers

[Yodrak 7]

Singers,

A significant and potentially serious oversight. The devil is in the details and you have some doozies. Glad you've wakened up to the fact that you need to see an attorney.

Yodrak

I forgot to add our whole story:

.....