ForumTitleContentMemberSexCountryDate/Time
CanadaQuestions about Canadians overstaying in USA

Nope


BoilerMaleWales2014-04-10 13:56:00
CanadaQuestions about Canadians overstaying in USA

Canadians are usually admitted for duration of status.


BoilerMaleWales2014-04-10 13:52:00
Canadacurious about AOS (affidavit Of Support) when we live in canada..When we move we will have no incone

Your Husband is you sponsor but needs a co sponsor.


BoilerMaleWales2014-05-11 13:25:00
Canadacurious about AOS (affidavit Of Support) when we live in canada..When we move we will have no incone

You said he will leaving his job?


BoilerMaleWales2014-05-11 12:31:00
Canadacurious about AOS (affidavit Of Support) when we live in canada..When we move we will have no incone

He could move early and get a job in the US.

 

Or get a co sponsor.


BoilerMaleWales2014-05-11 12:20:00
CanadaFiling for AOS after marriage

Yes


BoilerMaleWales2014-06-11 18:58:00
CanadaDifficult, complicated situation

USCIS are the last place to seek advice.


BoilerMaleWales2014-06-18 23:43:00
CanadaDifficult, complicated situation

Ok I was trying to understand the processing times and am confused. Example, if we filed now, then we'd expect to get my GC in August/Sept 2015?

 

 

Sounds reasonable.

 

Odd about the work visa, TN?, they are relatively easy compared to most options and quick.


BoilerMaleWales2014-06-18 23:32:00
CanadaAdvice needed for at the border after filing I-129F

I think you guys are missing the question. I'm not expecting trouble when I cross as I've gotten to know several of the guards at my usual POE.

 

What I'm wondering is if the border guards -- who have, in the past, offered advice on how to proceed with my immigration -- would have any useful information. Boiler answered it rather succinctly in Post No. 2.

 

I was wondering what all the other replies were about. VJ posts often do go off in odd directions.

 

No harm having a chat, sounds like they mean well.


BoilerMaleWales2014-07-17 11:52:00
CanadaAdvice needed for at the border after filing I-129F

Be prepared to be misinformed.


BoilerMaleWales2014-07-16 12:36:00
CanadaAnyone have any experience with credential evaluators? Who should I choose?

The Employer will usually determine the company to use.


BoilerMaleWales2014-08-18 14:35:00
CanadaWhat route is best

Parole in Place - Military

 

My guess is that it is not an option used by many Canadians as they have an easy entry usually. But nice to have a back up.


BoilerMaleWales2014-08-22 16:51:00
CanadaWhat route is best

Once you are married you always have the option of requesting to be paroled into the US. Something to bear in mind.


BoilerMaleWales2014-08-22 16:34:00
Removing Conditions on Residency General DiscussionI-551 but studying abroad?
Ok here is a theoretical post, you can work out the answer:

I came to the US on a J1 and subsequently met my Husband here. We decided to get married and we applied for my adjustment of status on the basis of marriage.

Unfortunately our marriage did not go well, to the extent that I had to call the police.

I decided that it would be best if I return to my country rather than stay in this untenable situation, so I notified USCIS that I would not be proceeding with my adjustment and returned home.

A man I met when I was in the US has subsequently become my boyfriend and we want to get married when my divorce is finalised.

Will I have any problems obtaining a K3/K1/CR1 visa to re-enter the US?
BoilerMaleWales2006-02-19 00:27:00
Removing Conditions on Residency General DiscussionI-551 but studying abroad?

Once AOS has occurred it is possible for the GC to be rescinded due to fraud subsequently discovered, I have hear of this happening, but never seen a post where it did happen.

Beforehand it is an application that you have made and like any application you can pull it any time you want.


I highly doubt that anyone would request the withdrawal of a pending AOS application, by falsely basing its reason on such a serious allegation as marriage fraud, which is punishable by law, unless he/she were truly convinced of and be able to somehow prove it really occured. The allegation itself would right away incriminate each party and as such, make the Agency closely scrutinize and investigate both equally.

So; why go to such extreme, when an easier way for a petitioner to request the withdrawal of a pending AOS application would be to instead allege something else such as "we fell out of love," "we're just too different" or "we have different goals in life," for example? To allege something as serious as someone commiting marriage fraud, which again is considered to be a crime in order to be able to successfully have the Agency withdraw any/all applications, would seem highly unlikely to me.


You did not read my earlier post, all you have to do is write and withdraw your application, no reasons no justification no reason for it to be justified nothing:

I am writing to withdraw the above application.

Your faithfully

Crimes require proof beyond reasonable doubt, at best the situation you describe is on the balance of probabilities.

Think of it as akin to applying for a Drivers License, you decide to pull your application, no problem, you get your license and then somebody wants to take it away, can be done but a completely different situation.

Edited by Boiler, 19 February 2006 - 12:20 AM.

BoilerMaleWales2006-02-19 00:16:00
Removing Conditions on Residency General DiscussionI-551 but studying abroad?

I will not say happens all the time, but happens enough.

Relationships break up all the time, sometimes whilst waiting for a K to be processed or an AOS to be processed. After all if you do split up there will be no adjustment anyway, so no point scheduling the interview.

Not sure what you mean about a reason, you do not have to give one, but not something you would do without one.


Just as a full AOS package (forms I-130, I-864, etc.) is sent to the Agency on the basis of a "bona fide" marriage and its eventual approval depending on the amount of credible evidence used to substantiate it, the success of having any petitions withdrawn by the Agency based on a marriage being "fraudulent" would also depend on the amount of credible evidence used to substantiate the claim as well.


Once AOS has occurred it is possible for the GC to be rescinded due to fraud subsequently discovered, I have hear of this happening, but never seen a post where it did happen.

Beforehand it is an application that you have made and like any application you can pull it any time you want.

PS I have heard of CR1 and K3 applications beinng granted after the appplicant had asked for it to be withdrawn because the paperwork never matched in time. I have never heard of such a situation with AOS, apart from anything else you need to be at the interview which obviously will not happen.
BoilerMaleWales2006-02-18 20:21:00
Removing Conditions on Residency General DiscussionI-551 but studying abroad?

You can withdraw an application at any time, K, AOS, whatever.


W/o any valid reason(s) and just for the sake of doing so.


I will not say happens all the time, but happens enough.

Relationships break up all the time, sometimes whilst waiting for a K to be processed or an AOS to be processed. After all if you do split up there will be no adjustment anyway, so no point scheduling the interview.

Not sure what you mean about a reason, you do not have to give one but not something you would do without one.
BoilerMaleWales2006-02-18 19:52:00
Removing Conditions on Residency General DiscussionI-551 but studying abroad?
You can withdraw an application at any time, K, AOS, whatever.
BoilerMaleWales2006-02-18 19:41:00
Removing Conditions on Residency General DiscussionI-551 but studying abroad?
What I personally believe is not relevant, the circumstances you describe do not in itself hack it.

The facts suggests an acrimonious marriage, a sunsequent break up, and her departure.

Now if you had a statement from her that she only married you for immigration benefit or perhaps a failaed VAWA application, that might help.

Many of the issues that you mention are prevelant in break ups where there is no immigration involvement.

The most telling arguement in her favour is that she upped and left.

I am sure there will be others who will add their tenpenneth, I just do not see it.
BoilerMaleWales2006-02-18 09:47:00
Removing Conditions on Residency General DiscussionI-551 but studying abroad?

An allegation, well unless clearly provable, means not a lot. Countless posts from persons alleging marriage fraud and how they reported it but nothing happened. A very difficult issue to prove. And somewhat contradicted by her departure.


My allegation was backed up with evidence of her abandoning our household exactly a week after my submission of her AOS paperwork (an e-mail from her); a change of address confirmation from the USPS sent to my address, which was requested by her and which she did not report to the CIS; pics of her with another man only weeks after leaving the house and all throughout our separation; another e-mail from her, begging me to begin divorce proceedings (so she could later file the "bona fide" waiver behind my back). When I told her I wasn't going to be the one starting divorce proceedings, nor the one paying for them, she then served me with a Domestic Violence restraining order, which I also submitted a copy of to the Agency. Then later during our court proceedings, she dropped all her "false" allegations against me, due to lack of evidence. I sent all of this to the Agency.

Then, about a month later, her online case status read this:

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status:

On October 13, 2005, we mailed a notice acknowledging withdrawal of this application. This withdrawal completes all action on this application.

She turned in her paperwork to the Agency exactly 4 days later and left the US 2 weeks after.



I see nothing in the circumstances described that suggests proof of immigration fraud. Unfortunately marriages break up frequently, often acrimonously.

She by the sounds of it she has no ban, was never out of status for more than 6 months.

You must also have seen many similar postings with similar responses?
BoilerMaleWales2006-02-18 00:18:00
Removing Conditions on Residency General DiscussionI-551 but studying abroad?

That was my understanding of your situation. I guess we're all wondering what your current Q is.


My current question is; how easy or hard would it be for her to return through him, if they did get married now or anytime in the future, taking into consideration the fact she has a marriage fraud allegation in her file? Is she subject to a ban from the US by abandoning her pending AOS application? And would the fact that she left voluntarily affect a new petition made for her by someone else in the future? How 'bout the allegation?

Under what other types of visas might she be able to retunrn to the US?


An allegation, well unless clearly provable, means not a lot. Countless posts from persons alleging marriage fraud and how they reported it but nothing happened. A very difficult issue to prove. And somewhat contradicted by her departure.

No ban from abandoning her AOS.

Also seen plenty of second K visa recipients.

Not sure what you interest is, the only thing as far as Marriage is concerned is that you have to be Divorced first.

I do not know how many Visa categories there are, 100+?. The obvious ones are through marriage, work or as a visitor. Nothing suggests that she would be ineligible for any of these. Oh, and of course the Lottery.
BoilerMaleWales2006-02-17 22:53:00
Removing Conditions on Residency General DiscussionI-551 but studying abroad?

I think Yodrak's only saying that the only way she could return would be through me, which ain't going to happen. Why on Earth would I want to bring her back for, after being the one sending her back?


I am pretty certain he did not.

Obviously not relevant at the moment, but when the divorce is finalised her new beau could petition for her.

But that is her issue, not yours, best to leave it alone and move on.

Edited by Boiler, 17 February 2006 - 02:06 PM.

BoilerMaleWales2006-02-17 14:03:00
Removing Conditions on Residency General DiscussionI-551 but studying abroad?
Then why are you asking here and what exactly are you worried about?

If she had no intent of ever returning to the US why did she give a hoot about USCIS and whether the marriage was entered into for immigration benefit? The penalty, if proven, would be deportation and she left nayway.
BoilerMaleWales2006-02-17 10:30:00
Removing Conditions on Residency General DiscussionI-551 but studying abroad?

You can remain outside the US on a GC for up to one year and up to two if you applied for a re-entry permit before you left the US. However, this assumes that you still keep a domicile in the US and have not abandoned your PR status. As long as your primary domicile is in the US, the above will apply to you.


What would then happen if someone going through an AOS process had to all of a sudden and unexpectedly leave the US due to a family emergency and/or event, without an approved Advanced Parole permit, thus basically abandoning the application, although before leaving, he/she;

1st) goes to the nearest/local USCIS office processing his/her AOS application, turns in all the paperwork related to his/her application to an officer and;

2nd) tells the officer he/she has no interest in ever coming back whatsoever, then;

3rd) voluntarily leaves the US and returns to his/her home country.

On the other hand, even though this person leaves the US and does the above, he/she still keeps a valid US address with the Agency, as well as an active bank account and from his/her home country pays taxes here.

Could this person come back (or allowed re-entry) if he/she states to the Agency that abandoning the AOS application was justified due to the family emergency and b/c of it, was done against his/her will? Would keeping a valid US address in the Agency's database, as well as a US bank account and filing taxes from abroad help his/her case? Is there a ban for abandoning the AOS application and if so, which one and for how long? If there was an overstay of only 30 days or so before sending the AOS application to the Agency, would it even be taken into consideration, if the person tried to come back to the US?



Nothing to stop you abandoning AOS at any time, ans jsut leaving without AP does it, no need for everything else.

If you are not resident in the US for tax purposes then there would be no tax to pay. If you have assets or income derived from the US you would need to pay tax on that.

You can also have a US address and not live in the US, or even visited the US.

For re-entry you would need an approriate visa, visitor K or CR1. The AOS is no more, it is dead.
BoilerMaleWales2006-02-16 10:22:00
Removing Conditions on Residency General DiscussionI-551 but studying abroad?

Faust,

First, let's be clear that I did not suggest that you get a lawyer to handle your case - I suggested that you get a lawyer's advice.

Second, the issue of abandonement is extremely subjective and highly case-specific. People who have faced the same issue have not likely faced it with the same fact pattern as you. Similar, maybe, but the devil is often in the details.

You are correct that a Re-entry Permit may be necessary but not sufficient. Your final question is a very significant one. As Boiler points out, a lawyer cannot give you a guarantee, but a lawyer who has experience with abandonment can give you far better advice than any newsgroup member.


(Having been a student myself, I'm curious - how much do you spend on beer in a typical month?)

Yodrak



Faust,

Interesting thought you have about getting legal advice, since it is a serious legal issue.

And, being as you're not loaded, it's an issue that could cost you a thousand or more if you make a mistake whereas getting competent legal advice would cost you a hundred or so.


Yodrak


You're right, since that's the case in pretty much all legal issues. I could spend quite some money to get a lawyer to handle my specific case. Or I could try to find others who spent that money on the very same issue before and just kindly ask them to share their experience as I'd be sharing mine.
Either way... I'm a student who doesn't wanna lay on his parents' pockets, so I consider it as nothing but natural to get at least some information through forums like these before I start spending my money on the actual issue. Something I'm sure of happening rather sooner than later anyway.

Anyway. I was just checking up on the information you just gave me about the re-entry permit.
According to http://www.visalaw.c...4/12jan401.html this alone would possibly not be enough: for "even with a reentry permit the LPR can still be deemed to have abandoned status." So the filing of additional proof seems to be inevidable. Question remains... what is considered enough proof?



I would ditto that a re-entry permit does not abslove you of needing to maintain residency.

The student with parents in the US is quite an easy one.

Otherwise, well if you own or rent a home here, bank accounts here, etc etc, And the nature of your trip abroad.

I do not think there at that many lawyers out there who would be experts in this area, the chances of a general immigration lawyer being one of them is small.

One of the advantages of citizenship.
BoilerMaleWales2006-02-09 14:43:00
Removing Conditions on Residency General DiscussionI-551 but studying abroad?

I would be very interested to know the answer to this question as well.

There must be someone out there who has had children accompany them to the U.S., that child then got their Green Card, and later decided to go to University either in their home country or even another country, with the intention of the U.S. being their "home" and returning to the U.S. for Xmas break, summer break, etc.

My daughter has her AOS interview Feb. 22nd, and is currently looking at Universities in both the U.S. AND Canada. If she were to get accepted to one in Canada, I would hate for her to lose her PR status.

Anybody done this? Please comment.


No lawyer can tell you what will happen to you, nor will any give you a guarnatee. Likewise any board.

They may be able to help you if you have choices.

When it comes down to it, the POE initially decides, if you contest it you would be detained and put before an IJ.

Best not to sail that close, or do so knowing the possible consequences.
BoilerMaleWales2006-02-09 13:07:00
Removing Conditions on Residency General DiscussionI-551 but studying abroad?
It all depends on exactly how you play it. Certainly possible.

Remember that the US is your permanent abode and that any schooling 'abroad' will be temporary.

I have certainly seen it where the parents have emmigrated and a child has gone back to do Uni. There they have their home base in the US at their Parents address and come back outside term time.

Have a look at the USCIS site for their comments.

I understand that maintaining residency issues is considered a specialism in its own right in legal circles.

Proabbaly not the best section to post in, but not sure if anybody who frequents this board would be particularly knowledgable.
BoilerMaleWales2006-02-09 00:29:00
Removing Conditions on Residency General DiscussionGreen Card/Abandoning Status Issues
Some additional comments from USCIS:

Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.
* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Fail to file income tax returns while living outside of the US for any period.
* Declare yourself a “nonimmigrant” on your tax returns
BoilerMaleWales2006-05-28 19:38:00
Removing Conditions on Residency General DiscussionGreen Card/Abandoning Status Issues


Sweetgirl,

Not correct. Not any of it.

Yodrak



HI! the Conditional Resident and the Permanent Resident must spend most of the time in the United states.,otherwise the CPR or PR priviliege will be taken away. The CPR and PR may spend no more then 6 month outside of the U.S each time they travel,otherwise if you and your wife are planning to stay overseas longer,you must obtain a Reentry permit......


HI Yodrak.
I'm absolutely correct ,as i have answered this kind of questions to the immigration attorneys online before ,and i was reading the USCIS website .My answer is absolutely correct. :yes:



I go with Yodrak.

Maintaining your Permanent Residence is a complicated issue, something that I believe a few Immigration Lawyers specialise in, but not it would appear the one who made those comments to you.

It is fairly easy to state the circumstances which would not cause an issue, and also the ones like the OP which would. You can theoretically lose your PR status in a day, all depends on individual situations.
BoilerMaleWales2006-05-28 18:50:00
Removing Conditions on Residency General DiscussionSS card and new driver's license with temp Green card
In CO you get a 'normal' Drivers License with a GC.

If you are using EAD or anything else then it will be issued to the expiry of your current status.
BoilerMaleWales2007-01-19 11:16:00
Removing Conditions on Residency General DiscussionDenver Processing times are screwed up??? Please Help!
There was a piece in the Denver Post a few weeks ago, might be on line.

The Reporter quoted 120 days, but its the Post and they do not have a very good reputation for getting Immigration stories correct.
BoilerMaleWales2007-01-22 00:09:00
Removing Conditions on Residency General DiscussionGreen Card holder acquiring US passport?

do not... means, do not, can not... not possible.... you are United States Resident, meaning you only reside here, you are NOT a citizen, and you only get passports of any country ifyou are a citizen... so... until you get your united States CITIZENSHIP (not residency) you CAN NOT, DO NOT, WILL NOT, get a USA Passport... if you need to travel outside teh US all you need is your passoprt from YOUR COUNTRY and your green card to be ablke to leave teh US and come back into teh US....



I think even the OP should be able to get that message!

What I wonder is wrong in using your Canadian passport?
BoilerMaleWales2007-01-25 11:53:00
Removing Conditions on Residency General DiscussionFrom temporary green card to Citizenship directly
Ap0rt from being at a Superbowl party, what qualifications does your 'source' have on immigration matters?
BoilerMaleWales2007-02-17 10:41:00
Removing Conditions on Residency General DiscussionTranslating documents? or leave them as is??
Babel Fish Competition

Enter a phrase, any phrase.

Translate it into any given language and then translate it back.

Give it to someone else and ask them to guess what the original phrase was.
BoilerMaleWales2007-03-21 09:34:00
Removing Conditions on Residency General DiscussionRequest for Evidence
I opened an account without a SSN, 15 minutes I think.
BoilerMaleWales2007-04-05 19:27:00
Removing Conditions on Residency General DiscussionWhen do 5 years start counting from?

Does anybody know if the 5 years for citizenship start counting from the date the residency was initially granted? or does it start counting from the date they remove the I751 conditions?


thanks


3 Years if through Marriage

Date of initial PR status.
BoilerMaleWales2007-06-23 00:28:00
Removing Conditions on Residency General Discussiontraveling to Mexico with greencard
A UKC needs his Passport to enter Mexico.

He will need a Pasport and his GC to enter US.

He can renew his passport through the Embassy here, mine took 2 weeks. But I would send it in a month before the current one expires.
BoilerMaleWales2007-07-28 12:54:00
Removing Conditions on Residency General DiscussionHow bad it could be, if I change my address after I send my application out?
Do NOT confuse them, keep one address.
BoilerMaleWales2007-09-06 09:39:00
Removing Conditions on Residency General DiscussionI-751 Interview
For the benefit of others you are confusing issues, OP has the answer.
BoilerMaleWales2007-11-01 19:22:00
Removing Conditions on Residency General DiscussionI-751 Interview
That advise - sic will just bring tears at the interview.

Mine may have been terse, but correct.
BoilerMaleWales2007-11-01 12:58:00