I-130 February 2018 filers

[Lillyandkip 26]

3 minutes ago, Dalis said:

This is what my lawyer presented when i told her about the feedback I received. It seems like she has a well understanding of my case in itself so I have set up another appointment to go through all of my documents and make sure this is all safe to do. 

 

"As I mentioned, your husband may be questioned about his intentions, like most people entering the US. My understanding is that when he comes he will be visiting his sister and going back to DR. Please remember that every case is different and this person seems to be referring to someone on ESTA, which is difference from a tourist visa. As long as his tourist visa is good he should be able to come visit. Also, the AOS can be done at anytime when he is present in the US. However, as we also discussed he will not be able to leave once his application is filed. While it is good to be informed, I will caution you about the forums as it is not a platform for legal advice nor are these lawyers,  and people may have a variety of situations that are different from your case. I hope this helps. Let me know what you all decide and when you are ready to move forward."

 

 

Sure if his intentions are to visit his sister and return home there shouldn’t be a problem at all! If he spontaneously changed his mind after entering and then files for AOS it should be fine. But if his intentions at the point of entry are to stay in the US and file for AOS it won’t be legal. He will be asked about the purpose of his trip at the POE and the officer won’t let him in if he says he’s planning on staying. He would have to lie to the officer and tell him he’s going back home even though that isn’t his true intent. 

Im not a lawyer, I just know that you should never lie to an immigration officer. 

 

So just to make it clear:

-entering with intent to only visit and ending up leaving the country is fine

-entering with intent to only visit, then during your stay spontaneously deciding to stay and file for AOS is fine

-entering with intent to stay and file for AOS is illegal

 

If you could legally just enter on a tourist visa and then file for AOS very few people would take the IR1 visa route.

If your husband is lying about his intentions at the point of entry he probably has good chances to get his greencard, it’s just not the “right” way to go and I personally wouldn’t risk it. 

I hope this all makes sense, English isn’t my first language so I’m not sure if I found the right words. 

 

 

[tmby1045 2]

4 minutes ago, Lillyandkip said:

Sure if his intentions are to visit his sister and return home there shouldn’t be a problem at all! If he spontaneously changed his mind after entering and then files for AOS it should be fine. But if his intentions at the point of entry are to stay in the US and file for AOS it won’t be legal. He will be asked about the purpose of his trip at the POE and the officer won’t let him in if he says he’s planning on staying. He would have to lie to the officer and tell him he’s going back home even though that isn’t his true intent. 

Im not a lawyer, I just know that you should never lie to an immigration officer. 

 

So just to make it clear:

-entering with intent to only visit and ending up leaving the country is fine

-entering with intent to only visit, then during your stay spontaneously deciding to stay and file for AOS is fine

-entering with intent to stay and file for AOS is illegal

 

If you could legally just enter on a tourist visa and then file for AOS very few people would take the IR1 visa route.

If your husband is lying about his intentions at the point of entry he probably has good chances to get his greencard, it’s just not the “right” way to go and I personally wouldn’t risk it. 

I hope this all makes sense, English isn’t my first language so I’m not sure if I found the right words. 

 

 

His intentions are to just go visit his sister and I was going to fly up and see them over the weekend. I work in hospitality and have too much going on to take a week off any time soon. His roundtrip flights have been purchased for almost two months now. This just came about because I needed to get information about my reciept number not working on the USCIS website and then the gentleman that answered when i called USCIS was having computer difficulties and starting making small talk. Told him about my husbands plans to come to the states and thats when he was shocked that he had a tourist visa and told me he should have stayed or should stay and that their are forms to file. This made me make an appointment with a lawyer to be able to get more information and this is what has transpired from that in itself. His plans are still valid and it is not something we are certain about. Cons outway the pros and it all seems very iffy so i am not sure with it all. My lawyers says to just bring in all documents and his last I-94 showing that it expires in july and that we will go over everything and it will be my husbands and I's to contemplate things for ourselves but in the end i have already started my normal process for I-130 and have received my Noa1 already so we could just leave it all as is and wait it out. 

[Lillyandkip 26]

1 minute ago, Dalis said:

His intentions are to just go visit his sister and I was going to fly up and see them over the weekend. I work in hospitality and have too much going on to take a week off any time soon. His roundtrip flights have been purchased for almost two months now. This just came about because I needed to get information about my reciept number not working on the USCIS website and then the gentleman that answered when i called USCIS was having computer difficulties and starting making small talk. Told him about my husbands plans to come to the states and thats when he was shocked that he had a tourist visa and told me he should have stayed or should stay and that their are forms to file. This made me make an appointment with a lawyer to be able to get more information and this is what has transpired from that in itself. His plans are still valid and it is not something we are certain about. Cons outway the pros and it all seems very iffy so i am not sure with it all. My lawyers says to just bring in all documents and his last I-94 showing that it expires in july and that we will go over everything and it will be my husbands and I's to contemplate things for ourselves but in the end i have already started my normal process for I-130 and have received my Noa1 already so we could just leave it all as is and wait it out. 

If he enters with the intention to just visit and you change your mind once he’s there you’re all good!

[yal 0]

Hi all,

Us citizen applying for my wife

 

I-130

02/27/2018 mailed

02/28/2018 received

03/05/2018 Credit Card charged $535

03/06/2018 received an email and text of acceptance confirmation

03/12/2018 I-797C received

 

My question is, if the priority date is 02/28/2018 but the I-797C notice date is 03/05/2018 would that put me with the February filers or March filers?

 

Cheers

 

[KiwiinMaine 51]

5 hours ago, YANAL said:

Hi all,

Us citizen applying for my wife

 

I-130

02/27/2018 mailed

02/28/2018 received

03/05/2018 Credit Card charged $535

03/06/2018 received an email and text of acceptance confirmation

03/12/2018 I-797C received

 

My question is, if the priority date is 02/28/2018 but the I-797C notice date is 03/05/2018 would that put me with the February filers or March filers?

 

Cheers

 

It will say your priority date on the notice, the date of petition received and notice date. Whatever that priority date is on the notice is the correct one.

 

Good luck on your journey!

[nyokie 572]

good luck to everyone

[Brittany95 36]

Now for a lot of silence on this thread for several months.  Best of luck to everyone with their NOA2!

[nickymicky 58]

are we getting NO2 around September.

[Taffi111 17]

2 minutes ago, nickymicky said:

are we getting NO2 around September.

I think it depends on  which Service Centre is dealing with your petition and some circumstances but I would hope August/September is a reasonable estimate.

[nickymicky 58]

2 minutes ago, Taffi111 said:

I think it depends on  which Service Centre is dealing with your petition and some circumstances but I would hope August/September is a reasonable estimate.

I am with POTOMAC

[Taffi111 17]

19 minutes ago, nickymicky said:

I am with POTOMAC

We are too. I'm hoping by August.

Edited March 28, 2018 by Taffi111
Made a typographical error.

[anayazhere 3]

What’s the next peocess after receiving NOA2? N how long it takes after NO2 to have ur interview scheduled? 

[nyokie 572]

Good luck and wishing everyone a smooth Jounrey.

[nyokie 572]

On 3/28/2018 at 3:45 PM, anayazhere said:

What’s the next peocess after receiving NOA2? N how long it takes after NO2 to have ur interview scheduled? 

The next step take about 2-3 months since NVC is taking longer to receive and give out the case number.

 

 

 

[Chris and Lisa 9]

On 3/28/2018 at 10:44 AM, Brittany95 said:

Now for a lot of silence on this thread for several months.  Best of luck to everyone with their NOA2!

Yea, fun times for sure...NOT! Good luck to you!