ForumTitleContentMemberSexCountryDate/Time
US Citizenship General DiscussionFake ID's



I don't understand how someone can say she will be banned for life and never adjust based on the facts given!

Well, options 1, 2 & 3 are rare enough to stumble across on the internet these days. And #4 is still covered because it's not Adjusting, it's going outside for CP.
:)

*loud buzzer* WRONG

Not illegal, if you enter legally on a k1, get married within 90 days of entry, and do not file AOS it does not make you illegal. the term is out of status. We have checked this with attorneys, immigration judges, and law enforcement. all of them state that if you entered legally on a K1 there is no time limit to file AOS. It makes it difficult to prove legitimacy, but not illegal.

Annie was told by USCIS to carry a copy of her visa and the Marriage cert with her and that would suffice until we get her GC.

Well, what is someone who arrives on a B visa and doesn't leave? Out of status, aka 'illegal'.

It's not really safe or fair to say 'there is no time limit to file AOS'. There is a time limit, the same that applies to anyone who is outside of their I-94 admitted time period. The amount of out of status time will affect their ability to re-enter the country, and the expired K-1 can still accumulate enough out of status time to incur a 3 or 10 year bar if they leave the US. Married or not.

Should something happen to the USC petitioner, the expired K-1 is in a real pickle if she has no I-485 filed.

I'm sure we could sit here all day and think of exceptions to this statement. It's a pretty broad and dangerous statement left as it is.


I think we are all right, and yes we all could come up with exceptions.

The fact remains that with a K1 visa the intention is to get married in the US and remain, therefore officials look at it as thought there was no time limit to file AOS. In fact there are several people who did not file AOS for two years to avoid conditional residency, therefore a precedent is set. I would not want to argue the point if an issue arose. But the fact is that there are people who have done it with no issue.

I would still recomend to everyone to file AOS as soon as possible, but from what I have read and been told by various officials(not clerks), there is no real time limit to file AOS.



You could have entered the US 50 years ago, legally, married and adjust now.

But it makes no difference to whether you are legality during those 50 years, just lucky not to have encountered ICE.
BoilerMaleWales2006-10-24 15:36:00
US Citizenship General DiscussionFake ID's



Even if they went off and got married... if he is a citizen.. she is still not elegible for adjustment due to being here illegally.


That is not true. Illegal aliens who entered without inspection are not eligible to adjust status, but illegal aliens who had an initial legal entry but whose status lapsed ARE eligible to adjust status. (That's what allows a K-1'er to marry on the 89th day, wait a week for the certified marriage certificate, and file AOS on the 96th day -- such a person is an illegal alien after day 90.) The OP doesn't make it clear which category she falls into.

I'm not making any statement about the fairness of existing laws (they're pretty darn unfair, actually). One is always free to withold information from anyone one chooses. I'm just correcting the misstatement that "she is still not elegible for adjustment due to being here illegally."


*loud buzzer* WRONG

Not illegal, if you enter legally on a k1 and do not file AOS it does not make you illegal. the term is out of status. We have checked this with attorneys, immigration judges, and law enforcement. all of them state that if you entered legally on a K1 there is no time limit to file AOS. It makes it difficult to prove legitimacy, but not illegal.

Annie was told by USCIS to carry a copy of her visa and the Marriage cert with her and that would suffice until we get her GC.


Dangerous advice. But remember that you have no right to rely on what the US government tells you; the Supreme Court has said so [Schweiker v Hansen].

Illegal and Out of Status are usually synomonous, both are deportable if they come to the attention of the Authorities. Passport is irrelevant once the I-94 has expired, Marriage Certificate more so as that never gives you a right of abode in the US.
BoilerMaleWales2006-10-24 09:40:00
US Citizenship General DiscussionFake ID's


You cant be serious....of course they will find out. The going rate where I live for a false SSN card is 1500. Many have been terminated after the SS Administration has contacted the employer saying that the SSN is false and is being used by dozens of people.

Good way to get a lifetime ban and removed from the US.


I just have to wonder how you can produce a fake green card that will pass for a real one....My GC has so many security features built into it..It's quite a work of art and impossible to duplicate..I don't know how anyone could copy it.


I have never heard of anyone doing it, much simpler alternatives.
BoilerMaleWales2006-09-18 22:54:00
US Citizenship General DiscussionFake ID's



** listening to the sound of the OP scampering off to figure out how to spin it in his favor **



I'm looking forward to this!!


** still waiting for the OP to return **


Would you?

Now on another site.
BoilerMaleWales2006-08-11 16:37:00
US Citizenship General DiscussionFake ID's

Boiler,

Agreed. In common usage the term is ambiguous. So wouldn't it be a good idea to resolve the ambiguity before suggesting a course of action?

Yodrak


Absolutely.

I would have assumed EWI in this case, but never a certainty.
BoilerMaleWales2006-08-11 15:31:00
US Citizenship General DiscussionFake ID's
Illegally is often used to refer to those who EWI'd, as opposed to overstay.
BoilerMaleWales2006-08-08 18:28:00
US Citizenship General Discussiongenerel immigration info
What have you done in the last 18 years to maintain the US as your prime residency?

Edited by Boiler, 31 October 2006 - 02:05 PM.

BoilerMaleWales2006-10-31 14:05:00
US Citizenship General DiscussionConfused about staying long outside the US ..


Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

* has been lawfully admitted for permanent residence (see preceding section);
* has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
* has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
* has resided within a state or district for at least three months

http://www.uscis.gov.../natz/guide.htm

There is a worksheet in the guide that will answer all your questions

Kezzie


Thank You .. the link you've given me is so helpful but there's really one thing that made us so confused. Its the absences of more than 6 months but less than one year...It was written there that we need to send evidence that the LPR continued to live, work and/or keep ties to the US such as:

a. IRS tax return "transcript" or an IRS-certified tax return listing tax information for the last 5 years.
- What if my husband before he stayed in the Phillipines for 10 months wasn't employed. And when he
stayed here for 6 months he resigned from his work..then went back to the US and got hired again.. its
so confusing...

b. Rent or Mortgage payments and Pay Stubs.
- The Rental Bill Payor is his parents & written in the Stubs is the name of his parents, is that okey?, can
we still prove the Immigration that he still lives there though he's outside the USA for more than 6
months?

We dont know what to do... VJers please help me ..

Chelbear :luv:



On the face of it he did not maintain US residency in this context, in fact sounds like he was lucky to get back in again.

I would suggest a consultation with a lawyer who specialises in maintaing residency, not a common trait.
BoilerMaleWales2006-10-03 10:13:00
US Citizenship General DiscussionHave Greencard - left USA for family emergency
Reported.
BoilerMaleWales2006-11-02 10:56:00
US Citizenship General DiscussionHave Greencard - left USA for family emergency

Response:

You have multiple difficulties here. Firstly, you need to asap get your
green card reinstated. I say reinstated because you may have lost your green
card. Let me explain. If you leave the US without returning for a period of
six months - to one year there's is a presumption that you have in fact
abandoned your green card and your green card could be deemed void. The
proper way to leave the US for an extended period is to first file an I-131
Travel Document this form puts US Immigration on notice that you have to
leave the US for an extended period for what ever reason such as health
education etc but that you have ever intention to return. Once this is
approved you are free to go having preserved your green card status. If you
leave without doing this then you have to take measures to have your green
card reinstated. So my first concern would be to make sure that my green
card is still valid.

If my green card is valid then I can in order to qualify for citizenship you
need to establish 5 years of physical presence in the US, but again where
there has been a significant break in the service the clock can be re-set to
Zero and you have to star over. Any attorney would need to look at all the
circumstances and make a calculation and advise.

The last point I'd leave for now until the first two more serious issues
were resolved. You certainly need to see an attorney.

For further information you can contact the law offices of Chris Ingram at
wwww.breakthroughusa.com.





I had lived in the USA for over 5 years as a permanent resident (8 total). Unfortunately, before I was able to apply for citizenship as the residency requirement was fulfilled, I needed to move back to Canada because of a family emergency. About 15 months later I am looking at the possibility of working in the US and living in Canada.

I have asked the consulate, the local CIS immigration office (I am relatively close to the border), and at one of the local bridges (via telephone) and got different answers from everyone to the following:

Because of the situation being a family emergency, can I still apply for citizenship given my children are Americans, and the 5 year residency requirement was fulfilled? The officer at the bridge said that tax returns, and any supporting documentation proving I lived in the US for 8 years with a letter explaining the situation would allow them to take these circumstances "into consideration" with my application. Is this possible?

If not, I know that going to commuter status of giving up the GC for TN are options - but I have heard that the latter could be perceived as dual intent with mixing immigrant and non-immigrant visas and may get the TN rejected. Has anyone done anything remotely similar?

Thanks!



The OP seems to have gone, for others this is at best simplistic, at worst wrong.

I do know that it is a very complicated subject, something that very few immigration lawyers would have a good knowledge of.
BoilerMaleWales2006-11-02 10:25:00
US Citizenship General DiscussionHave Greencard - left USA for family emergency
The Vide Card in my lap top id defunct, a Toshiba trait and not repairable. So I have to use the 1040 resolution that is on the motherboard I guess, anyway a blessing in discuise.
BoilerMaleWales2006-10-08 21:36:00
US Citizenship General DiscussionHave Greencard - left USA for family emergency


you need your own lawyer, one who is experianced in the laws pertaing to maintaing resideny.


I agree with Boiler. This is one of those areas where hiring a pro could really pay off.



BTW My spelling is better than my typing skills would suggest!
BoilerMaleWales2006-10-08 11:49:00
US Citizenship General DiscussionHave Greencard - left USA for family emergency

I am assuming there would be an extensive wait just to retain the GC status in the first place correct?


No

You either have it still or you do not, if the POE believe you do not you can ask to appear in front of an Immigration Judge who will make the determination.

Since the family emergency still exists and I would not be able to move my family back to the US, I don't see any other options right now.


There is a re-entry permit that may be relevant. But as you have been gone for so long apart from the normal requirements of a PR, Tax Returns for example, I am not sure that it is relevant at the moment.

There are special cases for Naturalisation, I know of none that fit your position.

The USCIS whatevr you spoken to are not to be relied on for legal advise, for that you need your own lawyer, one who is experianced in the laws pertaing to maintaing resideny.
BoilerMaleWales2006-10-08 00:45:00
US Citizenship General DiscussionHave Greencard - left USA for family emergency
The officer at the bridge was no doubt talking about whether they would let you in as a GC Holder, on the face of it you have abandoned your PR.

Just a question of how persuasive the 'Family Emergency' is and how well you can evidence it.

The requirements for US Citizenship are on the USCIS web site. Even if your are able to retain your GC status you will have a wait.
BoilerMaleWales2006-10-04 00:27:00
US Citizenship General DiscussionPermanent Resident

Thanks for the responses. I was hoping there was something I had missed as it's not going to be easy to explain to her that she doesn't meet the 3-year requirement after being married 4 years. :huh:


Why is it such a big deal?

She can read all about it on the USCIS web site.
BoilerMaleWales2006-10-04 23:46:00
US Citizenship General DiscussionI have a question about fraud
Short Version.

His current issues are nonthing to do with her, time to move on with her life.
BoilerMaleWales2006-11-03 12:12:00
US Citizenship General Discussioncan't seem to talk to a customer service representative

Your name seems nice to me. :)


Not if you happen to be on the end of one:

North Korea has successfully developed a missile variously designated the Taep'o-dong-1/Paeutudan-1 (TD-1), No-dong-2, Ro-dong-2, NKSL-1*, Scud Mod-E, and Scud-X.
BoilerMaleWales2006-11-11 10:10:00
US Citizenship General DiscussionPuerto-Rico going independant like Palau and the Marshall islands.
Are there not more Puerto Ricans in New York than in Puerto Rico.

Well I guess you never know, but not something I would worry about. I would hazard a guess that you would have the advantage of being a naturalised US Citizen, not a US Puerto Rican by birth Citizen.

Just think of the complications....

Logically anybody who did not qualify for Puerto Rican Citizenship, logically by birth or immediate family, would need a Visa!

Will not happen.
BoilerMaleWales2006-07-18 15:45:00
US Citizenship General DiscussionOverseas Employment with DEPARTMENT OF THE ARMY
Not sure the US has Army bases in Morocco.
BoilerMaleWales2006-12-12 15:02:00
US Citizenship General DiscussionNaturalization and criminal records
I disagree. You should have declared it. You should ahve the opportunity of amending your application at the interview, take all your documentation.
BoilerMaleWales2007-01-11 14:58:00
US Citizenship General Discussionreturning to US/ timeline
Could have sworn I replied to this.

I believe there are certain circumstanes where it can count, US Military or US Mutinational sending you abroad.

Fascinated to know how she managed to maintain PR status.

I thought the Consulate issus visa's, you make it sound like it is coming frome somewhere else.
BoilerMaleWales2007-01-16 21:33:00
US Citizenship General DiscussionDENVER LOCAL IS NOT PROCESSING N-400????,
I made a disparaging comment about the Denver Post who had quoted 120 days, seems they are about right.
BoilerMaleWales2007-01-22 12:33:00
US Citizenship General DiscussionTime to Citizenship K1

warm thoughts doesn't seem to spend a lot of time reading the endless and supremely helpful information supplied on this site, does he.

Warm - I suggest you start with the K1 guide and the FAQ and THEN figure out your questions. And earlier you said you met with a lawyer who didn't know anything? GO GET A NEW LAWYER! Or save the money you don't have and get as much information here (by reading first! and then posting questions second!).

Good luck.


good suggestion. :thumbs:

the I-864 is binding for 10 years, even if your fiancee becomes a citizen. the might be something you don't want your sisiter to read. ;)



Wrong
BoilerMaleWales2007-01-24 10:44:00
US Citizenship General DiscussionTime to Citizenship K1

My sister may can co-sponsor my fiancee so I need to know this so I can help her to understand my sweetheart can become a citizen thus relieving her of the fear of having to care for her for the rest of her life.


5 to 6 years, but of course there is no guarantee that she would wish to Naturalise or there may be reasons why she can not Naturalise.
BoilerMaleWales2007-01-23 16:48:00
US Citizenship General DiscussionIs it worth it?

We only talked about the benefits of becoming a USC, are they any drawbacks?

I think I've heard that if you ever go back to your home country you will have to pay US income taxes on income earned outside of the US. Does anyone know the details ?


Not an isue for most people, dual taxation treaties usually take care of it.

Not my original intent either, but really a no brainer. Not sure about the oath ceremoney, sounds a bit naff.
BoilerMaleWales2006-10-06 00:02:00
US Citizenship General DiscussionAdvice for a friend

Well his wife is there illegally. She is overstayed by 2 friggin years!

Sounds more and more like she is hedging her bets that the US born child will help her to remain, perhaps this was the initial intent of the visit after all!


Quite possibly - would not be the fist time, hanging her hopes on CIR?

But still has no impact on his immigration opportunities.
BoilerMaleWales2007-02-01 15:25:00
US Citizenship General DiscussionAdvice for a friend

I am sure he has no chance of getting in legally now that his wife pulled this stunt.

orimai


What basis does he have to immigrate?

All the ones that I can think of would be OK if his wife was here illegally.
BoilerMaleWales2007-01-31 10:06:00
US Citizenship General DiscussionAdvice for a friend
Divorce her husband

Marry a USC

Simple
BoilerMaleWales2007-01-30 22:32:00
US Embassy and Consulate DiscussionSection 221G?? Anyone Got this? Please help :( So close yet so far

Thank you..

MichealJeanelle pls let us know about your case..


terannMalePhilippines2013-09-25 15:47:00
US Embassy and Consulate Discussionvery confused...:(

I would suggest to do the DS 160, its less hassle specially during the entrance.

I just had my interview last oct 29 and i used ds 160 and im happy i used it than the ds 156 etc.,

 


terannMalePhilippines2013-11-02 08:33:00
US Embassy and Consulate DiscussionMy stataus changed from AP for 5days and now READY .

Hi did you get 221g during interview? If not you should be fine.

i had my interview last oct 29 and my Ceac status was READY for 4days then changed into AP today and few hours after its been ISSUED now.

I hope yours will change into ISSUED anytime now too. Good Luck hope you'll get your visa this week.

 


terannMalePhilippines2013-11-05 02:49:00
US Embassy and Consulate DiscussionK-1 Visa Approved - Managua, Nicaragua Consulate
Hello to all you fellow K-1 visa journeyers. This post is meant to be words of encouragement for all of you, as well as specific advice for those of you who are interviewing in Managua, Nicaragua. After a long process with many odds stacked up against us, we were APPROVED!!!

Terry and I began our visa journey when we submitted our petition in May 2011. See our timeline for more specific dates between that and our interview, which was scheduled on November 18th 2011 (about 6 months later). A week before the interview, I was reading forum posts here on visa journey, and I realized that many said that being at the interview with your fiancee/e made could be the difference between getting approved or not. I was struck by how obvious this seemed, while USCIS nor the State Department had never said anything about both parties being present. When I thought about it though, I realized that - the interviewer is mostly looking to see if the relationship is real - so of course it is extraordinarily beneficial for them to see you two together. I was fortunate enough to be able to book a last-minute ticket from Colorado to Managua using airline miles, so I went to the interview. I am not sure if we would not have been approved if I had not been there, but I do think that it provided a MAJOR advantage. I don't think the interviewers would have been nearly as nice if I hadn't been there (I watched them interact with other visa applicants who were by themselves). Also, they gave Terry forms to fill out in English, and he would not have been able to do it without me there to help him.

So here is how the process went:

  • We arrived at the US embassy at about 7:00 in the morning, before they opened. A guard was outside taking names down on a list, so we got to be one of the first on to the list to enter. Once the consulate opened at 7:30, we were invited to open the medical envelope so the guard could see the contents, and then stand in a short line to get through security. They do indeed have you leave EVERYTHING at the security checkpoint (no food, water, cell phones, chapstick, etc allowed inside - but don't worry, there is a drinking fountain in the waiting room!).
  • Once we were inside, we were given a number and asked to be seated in a room with about 50 chairs, all facing the interview windows (there are about 8 of them). Due to this set up, there is no privacy whatsoever - you are standing up, speaking through thick glass to the interviewer, to whom you pass your documents under the window. We watched as other applicants were accepted and denied.
  • When we were first called up (about 40 minutes later), we were called up by our number. The interviewer, a friendly Nicaraguan woman, took our documents, scanned the passport photos (MAKE SURE YOU BRING OFFICIAL PASSPORT PHOTOS - the face must be big enough, and they must not be to dark!), she entered various pieces of information from them into the computer, asked us questions (like how/when/where did we meet? & How long after we met did we start a relationship?), and then she asked us to pay at the cashier window and bring the receipt back. She also had Terry fill out another form, similar to the ones we filled out to begin the process - pretty simple, but only in English. She then asked us to take a seat, and listen for Terry's name. She kept our documents and evidence with her.
  • About 45 minutes later we were called up to a different window. This time the interviewer was an American woman - fairly young, bleach blonde with tattoos on her wrist!. She was very nice, but also had a very serious tone. She asked us all the same questions that the Nicaraguan interviewer did. She also carefully thumbed through the evidence that we had brought - she seemed mostly interested the photos and cards (we had a series of email exchanges available to read, letters from friends, letters from my employers, bus tickets from trips we've taken together, tourist cards and plane tickets from my visits to him, etc).
  • Another bit of information she scrutinized were the deportation documentation from Terry's deportation from the US in 2006. I had filed for the Freedom of Information Act (FOIA) to have his documents released to me - which stated that he had a 5 year bar against his re-admission to the United States. That five years had just passed in October. The interview looked carefully at all of these documents.
  • Finally, she told us that they needed just one more form but that we "shouldn't worry". Perhaps it was only because Terry had been deported before, but she told us we had to go get a form from "migracion" - its a form that states when Terry had entered and exited Nicaragua. Apparently they use this form to see if he has attempted to enter the US again since his deportation.
  • We left immediately and went straight for the migracion office, hoping to be able to return later that day with the necessary document (for this, you can walk-in - no appointment needed). The place we went to get the form was a mad house, and after waiting around for about 45 minutes Terry was told that he should come back a week later for the form! We were hugely disappointed because I had to leave before we'd be able to get the form. I left Nicaragua a couple of days later without knowing whether or not we would be approved!
  • A week later, Terry went to pick up the migration form and returned to the consulate with it in hand. Terry says that after looking at the document she asked, "Where is your fiancee, why isn't she here?" He told her I had to go back to Colorado because I had to work. She then said, "Well that's to bad... its unfortunate she's not here to hear the good news: YOUR APPROVED!"
  • Terry thanked her profusely and gave her his passport which he could go pick up a week later at BANCENTRO with his Visa stamped in it, which he did.
  • As I write this, I am waiting for his plane to arrive in Colorado. Hopefully he passes the immigration point smoothly today. We are so excited!!

I want to give a few words of encouragement to those of you who are in this process and are worried about the various factors that might play against you. I was so worried the whole time that we would not get approved because of many things I thought would stand in our way... a few of those were:
  • The fact that I have relatively low income ($20K per year when we started, up to $30K per year by the time we went to the interview - barely enough to sponsor a fiance)
  • The fact that Terry had been deported before for crossing illegally five years ago and being in the US for just two days before being discovered.
  • The fact that I had no money to spend on a lawyer - we did the ENTIRE process ourselves (with advice from friends)

So if you are up against any of the above challenges, just know, that it IS possible!!!! You can do it, and you will. Your love will not be divided by the strong arm of US Immigration laws. Good luck to you!!!
TerrierraosoFemaleNicaragua2011-12-27 08:22:00
US Embassy and Consulate DiscussionHow Would this be viewed??? Re. Loss of Job

My parents are planning on cosponsoring for Pete to come over here as well


I am not sure what you are looking for in addition.

He can self sponsor the K1 if he wants to.

Your parents will co-sponsor the K1 if he does not, and the AoS, I take it that they have enough income/assets.

You seem problem free, well about this aspect anyway.
BoilerMaleWales2007-07-02 17:28:00
US Embassy and Consulate DiscussionHow Would this be viewed??? Re. Loss of Job
Is his job transferring? Sort of assume not so his current income is irrelevant.

His Parents can be sponsors if they are USC's or US Resident.

As long as he has savings he should be OK, they did not require much, check what the current number is with the consulate.
BoilerMaleWales2007-06-30 19:19:00
US Embassy and Consulate DiscussionHow Would this be viewed??? Re. Loss of Job
He can self sponsor a K1, he will need a sponsor and possibly a co-sponsor to AOS.

If you have insufficient income/assets that is what a co-sponsor is for.

Reason does not matter.
BoilerMaleWales2007-06-29 14:55:00
US Embassy and Consulate DiscussionWorking (Illigally) in USA w/ J1...does it affect decision?
Simple answer is not a problem.
BoilerMaleWales2007-07-05 12:14:00
US Embassy and Consulate DiscussionWorking (Illigally) in USA w/ J1...does it affect decision?
Simple answer is not a problem.
BoilerMaleWales2007-07-05 12:14:00
US Embassy and Consulate DiscussionK-3 form DS-156 "unlawfully present in the US"

And the actual questions is:
Should I put "yes" on the application. they she stayed past the visa and attach an explanatory note?
Or do original visaI just put "no"


She was unlawfully present, not sure if it was from the date of the rejected extension or the original visa.

Usually I believe the later date unless the application was without any merit.
BoilerMaleWales2007-06-26 01:18:00
US Embassy and Consulate DiscussionK-3 form DS-156 "unlawfully present in the US"
Yes, I can not remember if they count the whole time after her visa expired, but as long as it less than 6 moths it should not matter.

Edited by Boiler, 25 June 2007 - 10:27 PM.

BoilerMaleWales2007-06-25 22:27:00
US Embassy and Consulate DiscussionK-1

Yes they sent it back but I am wondering what it means by for further review
"Due to the personal nature of the information, "

I don't know they mean for I have looked at alot of others on here and didn't see anyone say these words...So please, please if anyone can help me I would truly appreciate it very much and thank you for we both are going crazy trying to figure what could have gone wrong...


Something they have found out and ae not prepared to put in an e mail.

Without context impossible to guess.
BoilerMaleWales2007-06-24 22:52:00