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Would greatly appreciate some advice regarding my fiancee.

She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.

We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.

We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.

Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.

I understand the basics of dual intent, and would not want to compromise her ability to enter the country.

Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?

Any suggestions or advice would be greatly appreciated. Thank you.

same situation...

sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!

Just hang in there you will have your receipts soon!!

since it was USCIS who lost the documents, shouldn't they give YOU benifit of doubt ? Specially considering that they KNOW that there was an AUTO created I-140 in their system. Technically you can't file I485 without I140. If their system indicates that they have created an I-140 that itself indicates that they accepted the error on their part first.
If you challenge USCIS decision in court, I think you have a good chance of getting the decision reverted.



PS: I am not an attorney so consult an attorney first.

FYI
My 9th year H1-b extension was applied on March 13, and I got the email today from USCIS that the approval notice has been sent. This is a CA ( WAC) case.

I have one more question.
My wife, also a Canadian citizen, was on F 1 visa until June 2008. She is working on EAD now( based on derivative adjustment).
Her only status now is AOS pending and parolee( has used AP once last october).
Will she be able to enter back without an AP ? ( first AP expired and new one is pending @ NSC)

thanks again!

Yes you can apply today , per Aug bulletin it's all "U" , forgot about that !!!!
it will remain U until mid Sept when Oct Vb comes out....with a lotta surprises..

Can you send me the letter by PM or post it here? Would like to see the format. I could send one as well or fax it to him.

3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney

Getting I-140 approval copy is not possible.
I only have case number prinout.
anyways, it is not a big deal. Worst case, I will get 1 year extension.
It is not going to deter me from exercising AC-21.

Hello Jsb, can you please give us more information on how to sign on for the Ombudsman's conference call for nov2nd.

When were your applications filed? If it was before July 30, your I-485 could be filed at either Nebraska or Texas.

Thank you nefrateedi,

My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
Is it not after July 30?...that you could submit to either to Nebraska or Texas?

Is it ok like this?
Thank you again.

Arnet

better check with your immigration attroney for your situation.

It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.

regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.

If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).===>I Just want to input my exp.. here , i am using my AP ( i used Twice as of now) and still working on H1. Only thing is i am still with same employer, who filled my GC and recently i got my 3 year H1 Extension also.
also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.

some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.

good luck.

Respected Sir,
I feel compelled to say that we the struggling immigrants from India
do not get much help from Americans whose roots are from SouthAsia/India.
There may be few exceptions - but the majority is kind of neutral.

Look at the Latino peoples - check out how much support they gets from Latino-Americans. Without that we can't be on Front page .

I'm not pessismistic but a its a grim reality.

Those southasian americans dont forget to say "I love my India" for various financial/personal gains but never ever mistakes saying "I love indians also"

Thanks

Yes and we have a tough tough task here - don't be surprised if they come up with wiredest ways to punish legal high skilled as days go by - we can see more frustration among those legal immigrants coming to US.

What we can do

MAAKE IT AS VISIBLE AS POSSIBLE

Sorry for replying to myself & bumping the thread, but I've got more information on my case and I'd like to share just in case anyone else will end up in a similar situation in the future.

I've tried to speak with an immigration attorney and with the flight school staff. The attorney initially told me there should not be any problems as long as I maintain my J-1 status by performing research full-time at the university; then he went on to check more carefully and became less convinced because full-load (> 18 hours a week) flight training requires a M-1 visa. I do not know if I should ask him to look deeper into the matter, as my situation will definitely not qualify as full load training (2-3 hours a week tops).

On the other hand, the flight school staff contacted TSA people and talked with the Department of State. The TSA told that they are OK with my training as long as I get the appropriate clearance, which I did; the Department of State (as I have already states) basically said that if I'm legally in the country and the TSA is cool with it then I can train. I've also come to understand that I will not attend any formal classes (I will self-study the theoretical notions required) and that my practical training will amount to 2-3 hours a week at most.

My understanding of the subject is that I would not be eligible for a M-1 visa, as in any case I will not be busy with flight training all the time. I also believe that were I to start flying this would not intefere with my J-1 status as long as I comply with all the requirements (i.e. work full-time on the project I've come to the US for, otherwise not work on or off-campus nor move to another university, etc.). Finally, from what I've heard, there seems to be no regulation against pursuing flight training for people that are already legally in the US if this does not constitue some sort of professional training, and flying light sport aircraft is what is more or less as far as it gets from professional flying.

If anyone (whether an attorney or otherwise) notes any fallacy in my reasoning please let me know -- I still have time to stop and reconsider before committing to anything that might undermine my legal presence here in the US.

Thank you everyone,
Pierluigi

I thought it would be considered fraudulent. I don't know why they didn't wait until the L1 application was approved first before coming over - it was only a week later? It makes no sense.

Thanks for your input.

SSSarkar and Morpis,

My wife's passport is also expiring in Oct'07 so I spoke to my company's attorney and he said its not a problem and advised me that we will go ahead and file our (me and my wife's) 485. I am planning to apply for the renewal of my wife's passport sometime in July or Aug'07

Unless there is a formal document like Unauthorized Immigrants Pay Taxes, Too | Immigration Policy Center (http://www.immigrationpolicy.org/just-facts/unauthorized-immigrants-pay-taxes-too)

http://www.immigrationpolicy.org/sites/default/files/docs/Tax_Contributions_by_Unauthorized_Immigrants_04181 1.pdf

a post has no significance. If you wish to work on such a study, it would be make the arguments stronger. It is something some volunteers can take up as an action item.

Yes it would be a good idea to debunk these posts and similar ones and at the same time compare with employment based immigrants. That should be a good way to get heard, since illegals are always in the news.
I'll check for volunteers on the action item

Blog Feeds

Fear Mongers are the ones who are relying more on Govt for the social safety net benefits,
blog feeds is an attorneys blog

As per my knowledge Labor and I-140 (originals) are company's property.If employer is willing he/she can give you a copy

Hi Cool Blues,

My case is also similar to yours. I also received denial today without RFE. Can you plz mail me to lreddi123@@@@@gmail so that we can discuss more . Consultancy name starts with letter
'V'

Our checks were cashed yesterday. Receipt notice date for application is 9/8.

Come on let's be positive:

EB2 will move to December 2005 within a year.
EB3 will move to December 2003 within a year.

POSITIVE is good for the soul REALISTIC is more important for planning.

Hi,
This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).

My request to all IV members is to give me some advice that I can pass on to him.

Please help !

I think due to rescinding of the July visa bulletin dated July 2 there will be severe retrogression starting October 2007. Your friend should apply for I-485 now and he can turn in a follow-up I-485 for his wife after he gets married. You have to just hope that the priority dates do not become current before that. If there is any inklink of that happening in Oct bulletin I think he should try to get married sooner.