Fact is thought and Grizzly you should have known or double checked that with an attorney,IS - everyone knows that alot of the time the Immigration Officer you call on a 1-800 number either can be an *** or give wrong information or miss leading information. My friends...they are known for that.And any experienced attorney will tell you, never ask an immigration officer for advice,NEVER....
PS: and a honest and desent officer would only advice,the come here with a finace visa.Period.
You are telling me. Unfortunately I had to find that out the hard way. However, I do have other documentation that shows that what I did is legal. The document is from the USCIS website and it was what I based my documents on. Everyday you learn something new in dealing with immigration, but like it has been said, do not take the advice from a USCIS officer on the phone as being the written word... make sure to pay special attention to instructions on USCIS forms since they will be your best defense in explaining why you did what you did.
Originally posted by grizzly: Thank you all for your responses. Can someone clarify to me what OP stands for? Any more advice/suggestions will be appreciate it.
The option chosen by us as stated by USCIS as being an otion, is completely legal and no law was broken. However, I do agree that the law will be applied harder in this case. The I-765 was filed. The I-131 was not filed since we are not planning to travel while her case is pending. When it comes to immigration and the case pending, I think the best advice before any traveling is done would be to just wait patiently.
iperson... how do I IM you?
OP = Original Post(er) To IM go to the Go tab on the top of the page _> Personal Zone-> Instant Message -> Create thread, and invite Iperson.
HBKHBK,
What sort of data are you referring to when you say that an individual should not listen to an Immigration Officer. IOs are trained in the application of the regulations. Now if you are referring to the customer service operators on the 1-800-misinformation line, then I'd tend to agree that it is wise to double-check their information as they are only a contract service operation.
Nonetheless, grizzly, as far as I can see has NOT committed any infraction of the Immigration Laws by marrying and attempting to adjust status here in the USA. Had he discussed this plan with USCIS or on a newsgroup prior to his current alien wife's entry to the USA on her last tourist visit, then I might be inclined to agree with you.
HBKHBK you're angling for grizzly to admit prior immigrant intent. I don't see that being a foregone conclusion. Perhaps I am wrong, nevertheless, it bears repeating that the matter of intent would be for USCIS to pose at the adjustment of status phase and by showing evidence that the wife had tidied up all outstanding affairs in the European country prior to her arrival in anticipation of her permanent stay.
The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.
Posts: 1175 | Location: ..the natural world | Registered: 06-13-2005
Lets be realistic here...you do not be a Brain Surgeon to realize the the marriage was planned out when someone gets here on a tourist visa and few weeks later gets married....
NO PH.D needed to know the entery into the US was just a way to get inside and to get married.
quote:
We were given the following three: get married in my and her home country, fiance visa, or get married here.
She entered on a B-1 visa.
The option chosen by us as stated by USCIS as being an otion, is completely legal and no law was broken.
However, I do have other documentation that shows that what I did is legal. The document is from the USCIS website and it was what I based my documents on.... make sure to pay special attention to instructions on USCIS forms since they will be your best defense in explaining why you did what you did.
You were given the right info., but either "misunderstood" or "misinterpreted" it in your own special way. Read it once again: "...get married in my and her home country, fiance visa, or get married here."
The only two words connecting "get married in my and her home country" and "get married here" are "Fiance Visa."
quote:
Finally, where I am from we are not into all this marriage arrangements and marrying someone who you did not even meet...
So you did know and have known her for a while.
This message has been edited. Last edited by: dmartmar,
My wife came here to visit her family. Her mom's cousin leaves about 15 minutes from our house and we have been family friends for more than 20 years or so. We go to the same church. Dmartar, I see your point in a way, but the type of visa has nothing to do with it. She came on a B1 visa, but she does have all the rights to adjust status. However, as I stated before, I do agree that the law will be applied harder on the path that I took. Right now we applied for a renewal of the EAD.
I would like to say thank you to all for your advice, and I will keep you posted. Please continue to provide advice and similar situations. Around April time frame we are planning to schedule a InfoPass appointment with an immigration officer to find out what is going on if we do not receive any response by that time.
On piece of advice - due verify immigration information you get on the phone twice. There was once when I called immigration and then 5 minutes later the same day I called them again. Of course I talked to two different people, but the same question. Ineteresting thing is that I got to different answers.
That was just a side note. My question now is... What is the impact of a speeding ticket on the AOS process?
I can verify what is said here about unreliability of government workers--half of them don't know their jobs and make arbitrary decisions that affect people's lives in negative ways. I've experienced this over the years in dealing with them.
iam not the German girl you have corresponded but I also wait and wait and wait. We went for an interview almost 2 yrs ago and still nothing, the officer was the meanest and I mean the meanest person ever. at this point we are thinking of writing to senator or whoever we need to. Infopass is just a waste of the time.
My wife came here to visit her family. Her mom's cousin leaves about 15 minutes from our house and we have been family friends for more than 20 years or so. We go to the same church. Dmartmar, I do see your point in a way, but the type of visa has nothing to do with it. She came on a B1 visa, but she does have all the rights to adjust status.
You said it yourself:"My wife came here to visit her family."
Stop and think for a second:
1. You call the USCIS to ask them where, when and how to best marry your now current wife, alerting them ahead of time of your intentions. Them being a "Federal Gov't Agency," of course they log in your call and save the nature of it.
2. The USCIS advises you to either get married in Germany or here in the US using a Fiance Visa (K1/K3) only to bring her over, NOT a Tourist Visa (B1/B2).
3. Your now wife goes to the Embassy, lies by saying she's coming to visit her family only (with no mention of your name, nor the word "marriage"), gets approved and once here she marries you.
4. You then call the USCIS, tell them about marrying your now wife on her Tourist Visa and ask why your case is taking so long. All they do is refer back to point number 1 (above). Duh!
Do citizens of other countries have rights to anything while visiting Germany as tourists?
This message has been edited. Last edited by: dmartmar,
If the officer was really that mean and rude during the interview,you should have done this. You should have asked the Officer to stop this interview and immidiately call his supervisor or ask for the supervisiors name or even ask for directors name and where his office is right away. Remember those officers are like any employee anywhere else,if they bu.ll sh.it around,they can get in trouble,warning or even termination,they are employed and have bosses like anyone else... you need to understand,these officers often mis use their power,which they do not even have,but assume they do,because most people who are being interwviewed are scared and worries,but you need to understand these officers have a limit and can not get off tipic and be unporfessional....you should have right away complaint,not to the officer but u should have told the officer "I will report you,and I want you supervisors name right away and want him to be here right away...or worst,you ask for the director.Believe me,they can get in big time trouble and even those officers wanna keep their jobs.
I heard those stories alot how officers are rude and mean and all...
I was I guess lucky, I was back then at my marriage interview,with a female office rin her mid 30's and she was very politie,nice and down to earth and ask realistic questions and so on.
You need to be careful, but when you say MEAN on here in this forum...its also wise to please tell us what u mean by that,how mean was he,what did he say or do...
First off... We are not from Germany... don't know where you pulled that from. Before giving advice let's make sure we have our facts straight. We got married about two months after she came. We are now in the process of putting together all kinds of evidence we can think of to show that out marriage is bonafide. Also, please remember that if there is an option people will use it. I was given marriage in the US as an option and I took it. I am ok with the law being applied harder on my case which it is respected by my wife and I. Reading other cases from people who did the similar thing I did (B1 Visa to AOS) a general conclusion can be made that most of the cases get approved. The appointment with USCIS officer was never scheduled and we decided to hold off and make an appointment in March. Thank you all one more time for your response. More advice is always welcomed.
We did not make an appointment as previously stated. We will be making one in March. The appointment is made through InfoPass and that's located at www.uscis.gov.
have u even put in ur paper work yet? Before the visa that she entered on hasnt expired? I know about info pass. thanks. I thought u were planning ur own immigration int.
HBKHBK, thanks for your response. here is what I meant by MEAN: the officers asked as (my husband, who is a citizen and my sponsor, and I) in. We did not have a lawyer with us, we collected all the evidence such as bills and photographs, we simply followed the instructions. the interview did not take more than 5 min. The officer was writing notes and asked questions at the same time, I started answering since the first few questions such as using anytime financial aid were directed to me. then next question she asked I started answering all of a sudden she lifted her head looked and said:"I talk to him, not to you." I was stunned, and of course we should have asked for supervisor but she asked us out, on the way out in the hallway I asked if this is it or do we have another interview, she said yes, wait for mail, thank you. We left stunned. Since then we did 100 appointments for Infopass. It will be 2 years soon. And I know we should have been smarter, but who would anticipate something like that?
grizzly, I came as visitor in 1993, went to high school etc., got married in 1996 but didn't apply then for naturalization, remarried in 2003 is when I applied.
nftd3... as stated in my original post all the papers were filed. The papers were filed at least three months before her permission to stay in the USA expired. I believe it is a requirement that paperwork is filed before the stay expires so you will not be considered as overstaying.
amarles... you say you applied for naturalization... did you go through the AOS (Adjustment of Status) process or do you mean AOS by saying naturalization. Please note that I am thinking of naturalization as applying to become a US citizen and AOS as applying to become permanent resident in my case. If you went through the AOS process how did that go? Please clarify.
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