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Sug, the burden is on the applicant to show that was the case. Its a moot point anyway, by entering via VWP, he waived any possible appeal process.
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europe-usa
Get out of USA and go back to the jungle where you came from. There hopefully you will find other animals like you who will belive whatever the hell you are saying.
Dont waste our time with your stupidity. Get out now.
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more important information , and a special thanks to all u 3 that are here with me debating this matter.
as i said on january 2006 me and my wife went to talk with an immigrattion officer, and were informed we were going to receive the reasons why I485 was denied till max mid feb 2006, but we never receive anything.
"marmaduk" ive done the process myself, honestly i thought it was a simple burocratic process and it looks simple, but now i realise it was not, and probably ive made a mistake on the I485.
fact is I130 is already aproved, ive done all medical examinations and fingerprints all last year..and everything was fine with that.
"marmaduk" i didnt contact a lawyer cause we were not in a urgent desesperate situacion to solve this matter, we were just waiting for the answers from "uscis" even knowing they were already providing a terrible costumer service.Comment
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Well, since the I-130 has already been approved, thats pretty much leave you with 2 options. File for consular based processing or DCF (if the embassy permit it and you're willing to restart the I-130 process --> caveat, I'm not sure whether this is truly possible, or whether the original I-130 need to be withdrawn first).
I won't even wait for the USCIS explanation. Depart USA asap to minimize illegal presence and pursue AOS from overseas. In the meantime your spouses can continue to pursue USCIS for explanation for the denial of original AOS.
Another small tid-bit that you might want to know is that USCIS sometimes frown on cases like yours, when the "future" spouse entered via VWP or tourist visa and then got married. That's pretty much circumvent the entire K visas, DCF or consular processing route. I've heard that if the marriage occur within 60days of entry, that's usually bad news for the applicant. Again, noone know for sure if this is true or not.Comment
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"marmaduk" i can invite right now if i can the fbi, cia, uscis, politics, president
or anyone else to investigate our life here in united states, we got married arround 80 days after i arrive in united states...we dont have nothing to hide from nobody...LOVE ITS NOT SCIENCE...it happens when it happens...and thanks god it happen with us.
im reading with attencion everything u and "ameri" wrote.
some questions for u "marmaduk" apreciate if u reply:
1- what is AOS?
2- what is DCF?
3- what u meant , when u wrote" by entering via VWP, he waived any possible appeal process." ?
4- can u please be more specific when u wrote "I-601 or I-212 waiver route." ?
5- are u a lawyer?
sincerely,
europe-usaComment
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hope Marmaduk wan't mind:
1. AOS - adjustment of status, a process of changing ones status (visitor) to another (resident), done within the US (that's what was denied)
2. DCF - direct consular filing, when US citizen files 1-130 directly at the embassy overseas
3. people who eneter the US on VWP have no right to appeal USCIS decisions
4. types of waivers to be filed when one is inadmissible into the US (because of overstay or similar; depends on the case, sometimes only one is required, sometimes both...)
5. ? I am wondering too
aneri so - pls, stop calling me "ameri"Comment
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Europe-USA: I see that you handled my response to your question like a true whining loser.
I hope that you never get to immigrate to the United States.
It is pathetic that you resort to playing the race card and invoking extremist organizations. It just shows that you are not capable of hearing the truth. If you only want to hear nice things about your case, then you shouldn't post here.
I resent the fact that you bad mouth the United States of America, yet want to live here. You're a hypocrtitical illegal alien who needs to be deported.Comment
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who are you aneri? a lawyer?
sundevilusa...we dont expect good or bad news, we expect dialogue, respect and education from the members of this forum, we expect eficient and professional services from the North american organizations "USCIS", we are the costumers we PAID FOR THE SERVICE.
we wish you the best no matter what experiences u "sundevilusa" had before with europeans.Comment
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Europe-USA: You expect respect? If that is the case, then perhaps you need to show respect first.
It is my opinion that you show no respect for the United States or its government.
You say that you "paid for the service." It sounds like you called a plumber or - just maybe - a mental-health professional.
Like I said before, you broke the terms of your authorized stay in America...and you have no RIGHT to immigrate to this country. Your wife can sponsor you for immigration purposes, but the decision is at the sole discretion of the government that you seem so intent on slandering.
You seem to infer that I must have had bad experiences with Europeans...otherwise, I'd be being nice to you and not telling you the truth.
I AM EUROPEAN, so I'd say that I have quite a lot of experience.Comment
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Europe-USA has been an illegal alien since he made the decision to overstay his initial ninety-day period of authorized stay...sometime in September 2004.
If he leaves America to apply for Consular processing, he will be subject to an automatic ten-year bar against reentry.
Given that he entered America on the visa waiver program, he can't appeal the denial of his AOS petition.
Perhaps he is about to get an up-close and personal look at the European immigration system...trying to sponsor his wife. I hope that he enjoys that experience!!Comment
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Not necessarily. His status would be switched to AOS applicant/adjustee when he file the I-485. I believe his illegal presence clock didn't start ticking till the date of USCIS deny his I-485. Plus that 1 month period that aneri mentioned earlier.
I'm no lawyer, I won't last a minute if I ever be one
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marmaduk: I believe that once the AOS application is denied, illegal presence is counted from the date that the original period of authorized stay ended. I acknowledge that I may be incorrect, but that is my understanding.
For example: An individual applying for AOS in any category other than immediate relative MUST maintain legal status until their case is decided. The fact of AOS application does not, in itself, appear to stop the accumulation of illegal presence, especially if the AOS application is denied.Comment
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" ... im saying this to you so u can understand evetyhing ive said in my letter its the truth and the only truth on my case ... ";
" ... me and my wife always follow *all* the laws in united states ... ";
Let's see about that:
" ... on june 2004 i was living in europe "im a european citizen" and travel to US as a tourist under the *visa waiver program* ... ";
" ... on october 2004, uscis received all documentation requested by law *to update my status* ...";
"visa waiver program" and "to update my status" is breaking the U.S. law that regulates Visa Waiver Program. On that basis alone an adjustment application can be denied.
" ... and all we got so far was problems from this uscis organization ... "; - Did you expect any different? Instead of compiling a "dossier" on the CIS be accountable for your own actions. Frankly you sound like a "European" of Indian decent, same entitlement/victim attitude, same righteous hyper ego. One piece of advise: move back to Europe and forget about "unfair and lying" USCIS.
Cheers.Comment
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SunDevil,
In your example, the individual mentioned need to maintain their legal status because they won't be able to file their I-485 (hence initiating AOS) until the priority date becomes current. Once they file the I-485, their status turned to AOS adjustee and they're allowed to stay legally in the US under that classification. In the OP's cases, he already file the I-485, since as spouse of USC, the visa# is instantly available. Until the decision is made, he's protected by the AOS status (unless he commit a crime or some other violation that warrant deportation).
Same situation with a lot of worker that initially enter under L1/H1. After their LC is completed and I-485 is filed and they switched to EAD, they're no longer required to maintain their L1/H1 visa. If their AOS is denied, the illegal presence will start accumulating then (pending any appeals process), not from back when they switched from the L1/H1 status to AOS.
PS: I consider someone under AOS when they file I-485. Filing a I-130 alone won't make one an AOS adjustee. I guess thats the source of confusion?Comment
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Marmaduk: Yes, you are correct. My temporary confusion is resolved. Thank you!!Comment
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