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SalishSea

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Everything posted by SalishSea

  1. SalishSea
    K-1 is not for visiting, it is for adjusting status and living in the US. You don't apply for it - your USC boyfriend would need to petition you for it. If you want to visit, apply for a B visa. You cannot use the B visa to enter the US and stay.
  2. SalishSea
    It is absolutely fraud. This choice reinforces the patterns of behavior that make it difficult for people from the Philippines to get B visas.
  3. SalishSea
    Visit in the US? Do you have a tourist visa?
  4. SalishSea
    No one is evangelizing. A discussion of the pros and cons of available visa rules is EXACTLY what people come to VJ for. You may not appreciate the insight and experience of seasoned members here (who have been around long enough to have seen myriad processing trends), but many others do.
  5. SalishSea
    Only if they’re bunny slippers, and she is also wearing flannel pajamas and rollers in her hair.
  6. SalishSea
    Fees for what? No one can reasonably help you with so little info to go on.
  7. SalishSea
    I think you're misunderstanding a crucial component of this: it isn't about her ties to USA, it's about her ties to HOME. They don't particularly care why she wants to visit. They care that she will leave when she is supposed to. Consular officers are required to evaluate non immigrant visa applications through the lens of immigrant risk, and that is what they've done in this case.
  8. SalishSea
    Right, she won't get a B-2 visa. She should wait and apply in a few years, if she can demonstrate stronger ties to home at that time.
  9. SalishSea
    OP, what country is your fiance from? I did a K-1. In 2018 it made sense for us, and vs today's processing times, it was lightning fast. 8 months from filing to marriage. Today things are very different. If I was petitioning him today, we would definitely do a spousal visa, for the reasons outlined by the C. Cat. However, if you do proceed with the K-1, the evidence you mentioned is all we submitted. The boarding passes and passport stamps have historically been completely adequate for most consulates. Best wishes.
  10. SalishSea
    Best option would be to fly separately (you first), just in case.
  11. SalishSea
    Right. I wasn't referring to leaving without AP. The OP's mom entered the US on a B (non-immigrant) visa with a pending AOS. The round-trip ticket and use of the B2 when the adjustment of status process was in place prior to that entry could be a material misrep.
  12. SalishSea
    You can frame it however it suits, but I stand by what I said. She has a pending AOS, and therefore her intention with her last entry was not "tourism," but immigration. The fact that she did not get "caught" doesn't change the intention. Like Mike, I'm out.
  13. SalishSea
    Most definitely fraud. The plans didn’t “change” once inside the US. It was always the plan to adjust. Such a disservice to those who are waiting their turns in that long Mumbai queue…
  14. SalishSea
    No. You are responsible for knowing the rules. It is a messy situation, and you may well have added several years to the process.
  15. SalishSea
    It may feel judgy, but to me it looks like people are genuinely trying to help you with your situation, and have been for years. I know it’s a frustrating situation. I really hope that increasing the time spent together, as well as working with the lawyer, can help your case. Best luck.
  16. SalishSea
    Until she has work authorization, it is illegal for her to work at all, even “modest gains through online teaching.”
  17. SalishSea
    Not sure what you mean by “acting as the attorney.” That is not a thing for US immigration. Your son is the petitioner, and he submits all supporting evidence, as instructed, to NVC. When it comes time for the interview, he can provide additional documents for you to take to the consulate.
  18. SalishSea
    Separate forms for each immigrant.
  19. SalishSea
    No, it is not allowed without work authorization. USCIS doesn’t make people choose to adjust status, rather than returning home and waiting in the queue for a spousal visa (thereby being able to work). That’s on you.
  20. SalishSea
    They look at the totality of circumstances when evaluating the risk of becoming a public charge. The income guidelines are just minimums. Your best bet is to have a joint sponsor lined up. Better yet would be for the USC petitioner improve his financial situation ASAP. If you’re that close to the poverty line already, how will you cope with close to a year of not being able to work while adjusting status? K-1 is not the best choice for low-income people.
  21. SalishSea
    What would be a reason for a lawyer? There is no “right” to a US tourist visa. No error was made in your case. By law, consular officers are required to evaluate immigrant risk when adjudicating tourist visa applications. In your case, they deemed you too high of a risk. Had you come to VisaJourney first and asked, we would have cautioned you against even pursuing a B visa, being from a VWP country. Perhaps when you’re older and more settled (i.e. have stronger ties to home), you can reapply.
  22. SalishSea
    More than a few. Have you looked at the visa bulletin?
  23. SalishSea
    Timelines for your visa class are published in the monthly visa bulletin. Service center is irrelevant, because the petition approval and visa availability are many years apart.
  24. SalishSea
    Another vote for the Utah route, if you can. The ceremony you had could well lead to a K-1 denial, and that would be two years wasted. Even if you don't include pictures, the fact is that it was done, and you can't "hide" it from USCIS/DOS. Spousal visa process will be cheaper, less time, and your spouse will have a green card immediately upon entering the US.
  25. SalishSea
    No visas are "approved on the spot." It is unfortunate that you couldn't return for the second interview, as they obviously had questions for both of you. It's possible they may want to interview you by phone. Sounds like there are red flags in your case. Any idea what they may be? Did you mean that they still have his passport?
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