Jump to content

Sammy_2496

Members
  • Posts

    149
  • Joined

  • Last visited

Everything posted by Sammy_2496

  1. Her overstay was for two and a half years? That is way too long and for a good bit of that time, covid is not a valid excuse. She is for sure looking at a ban of 10 years.... which will be really hard to appeal.
  2. Her ESTA is gone forever. I would wait at least half a year until she applies for a B2. Remember though, it is not guaranteed that she will get it and the overstay doesn’t help her case. The B2 visa is cheap so there isn’t any harm in trying.
  3. I would honestly contact an immigration lawyer about this. Looking on google didn’t really bring much up, other than a couple of reddit posts where the answers were mixed.
  4. He cannot do a thing. Gather all the documentation/evidence that the marriage was in good faith... this will make the removal of conditions process way easier. Pretty much keep evidence of EVERYTHING and try to keep it in a safe place and with someone who you can trust. Get a lawyer and file for divorce, good luck with everything, i wish you the best.
  5. Im pretty sure overstays are forgiven if you are married to a USC and adjusting status
  6. Entering the USA to marry and then leave is legal and not fraud. As always, you are at the descretion of the CBP officer you get that day, you would have to prove ties to your home country
  7. The amount of travel you are proposing is very risky... i would be extremely careful.
  8. Since she is in the USA, she can apply to adjust status. I hope the best for you guys and i hope the operation goes well.
  9. Very happy the journey is complete for you and you wife. Congratulations 😁
  10. The K1 processing times just went up to 16.5 months from 15.5 months. I-130 petitions have also went up in processing time, minus Vermont which has went from 16 to 14 months
  11. Ugh and i-130 wait times have went up too… well, minus Vermont Centre from what i have seen.
  12. If they do, it will probably only be by a little bit. The NOA2-visa in hand may improve a bit though.
  13. He is free to apply for a B2… but i really don’t see him getting one unfortunately :(. The i-130 petition already shows he has immigrant intent. Unfortunately the person at the consulate doesn’t have to look at his documentation which will prove ties to his home country. Good luck with the spouse visa, i wish you the best 💗
  14. No one is upset. We just dont want you to end up wasting time and money
  15. A lawyer won't do anything.... sadly i highly doubt he will be able to get a B2 visa.. sorry
  16. EAD and AP is not needed anymore, the greencard takes care of all of that now! Congratulations, very happy for you 😁😁
  17. It can vary from case to case. But generally the entire process will take 12-24 months.
  18. Since you are already in the US, you are elijible to adjust status. Intent is established at the POE, follow this guide. Be aware though, you cannot work until you get your employment authorization (or greencard) and you will not be able to travel unless you apply for advance parole (entry is not guarenteed when returning from a trip on AP) or until you get your greencard. They may ask you questions about it, so for peace of mind i would gather as much evidence as possible which proves that AOS was not your intent when entering... although i doubt they will bring it up to be honest. Have a talk with your partner and see what they think about this. Good luck with everything
  19. Im not entirely sure about switching to AOS if you were already in the USA… I assume USCIS would detect the I130/I130a when the adjustment documents are submitted. For how long you stay there… I personally would not make it a long trip. A day 90 trip would most likely raise suspicion, so I recommend keeping it 2-3 weeks max! And you’re welcome, happy to help 😁
  20. AOS is extremely risky and very illegal if that is your intent when you enter (pre planned). If you genuinely entered for the purposes of visiting, then later on in your trip you decide to marry and stay.. then it is legal to adjust status and people successfully do it. With your other question, it seems you have strong ties to your home country so you should be fine. But as always, you’re at the mercy of the CBP officer you speak to. I recommend bringing all the proof you can showing you will return… in conclusion i think you will be okay. Good luck with the visa and congratulations on your marriage ☺️
  21. You would be wasting your time. Covid restrictions are not around anymore and if they are, they are very minimal. I would save yourself the time and heartache and meet up in a country, get legally married and then file CR1. Or if you can’t meet just yet, marry online through (Utah), meet up and then file.
  22. I don’t have confidence that the pandemic would be a good enough reason for a waiver. I’ve seen people have their K1’ denied because of such waiver.
  23. You're right, i just personally dont think it is worth the risk tbh. But it's everyones personal choice if they still choose to travel on AP
×
×
  • Create New...