::omg - omg - omg::
nikkiluvshouse
I have read your posts [thanks they were all very helpful] here is my
story:
i came to the US on a tourist visa to visit a friend and hang out, do
nothing, i believe its called a vacation. anyway, i arrived at the
airport answered the questions at the POE truthfully, and booked into
my hotel. the next day, i met the most amazing man, honnestly, i've
been in love before, but i have never felt like i could not live my
life without another person and this is how i feel about Jon. 5 days
after meeting, he proposed, we got everything together [marriage
license] and got married [at the county jail no less hahaha!!]. now, i
find myself in a whirlpool of confusion about what comes next, while i
understand that ignornace of the law is no excuse, i did not intend to
marry, infact i still have a life back in South Africa [job, bills,
family, friends ect]. i am lost in a mess of paperwork.
i would appreciate it if someone could break it down for me with
regards to what we need to file, where we need to file it, ect ect. i'm
staying in fayetteville, north carolina btw.
thanks a bijillion!!!!
Niks
CarlM
You will beed to file I-130, I-485, and I-765 if you want to work.
I will be honestly ASTOUNDED if the USCIS go for this story by the way.
Getting married a few days after arriving on a tourist visa would'nt
persuade me it was anything but a blatant attempt at a greencard! (i'm
sure ill get bollocked by some for being an unromantic sod, but ill
live with it).
--
Posted via http://britishexpats.com
HunterGreen
What do you mean - 'what comes next'? My answer to that would be that
you and your new husband sit down and discuss what you want out of life
(if you've done it all in five days it can't be nothing much, oh dear
did I just say that?). Anyway. you need to sit down and talk about what
you want - just because you married Jon doesn't mean you have to give up
your whole life in South Africa. Why doesn't he move over there with
you? Have you even talked about that option?
Elaine (unromantic sod too, I guess)
--
Help Find Jason!
Missing since 2001.
Read his story at
http://tinyurl.com/bvt4l
Posted via http://britishexpats.com
Ray
> You will beed to file I-130, I-485, and I-765 if you want to work.
>
> I will be honestly ASTOUNDED if the USCIS go for this story by the
> way. Getting married a few days after arriving on a tourist visa
> would'nt persuade me it was anything but a blatant attempt at a
> greencard! (i'm sure ill get bollocked by some for being an unromantic
> sod, but ill live with it).
You unromantic sod ..Its obvious its the real thing ..
The story has really touched me ...My heatt is all a flutter with all
the perfect details given..
Lagomorpheus
DORA program in Dallas. We'd known eachother a year before marrying,
but had only been married a month before getting the interview. I can
tell you from this experience that the first question to us was, "Since
you've only been married a month, how can your prove this is a
legitimate marriage?" We were able to show joint bank account
statements, duel car insurance, a joint apartment lease, as well as
email records, phone records, ticket stubs from long distance visits
and travel together, and pictures of past events together. I believe
that this is what made the difference, as I think they are very
scrutinizing of new marriages followed by green card applications.
Marie
ian-mstm
I don't doubt you're lost in a mess of paperwork. Others have responded
to that, but you should know that you must *not* leave the US under any
circumstances until you either have a green card in your hand or
permission to travel (known as Advance Parole) as you will, most
likely, be denied re-entry to the US - and then you'll *really* be in
deep shit! I'll add here, that getting A/P will take a long, long
time... so be prepared.
CarlM hit it right on the head though... when the time comes for you to
adjust status, there's going to be a lot of questions at the interview
that you must be prepared to answer - and prove! Remember, the
interviewing officer is under no obligation to believe that this was a
spur-of-the-moment thing.
Ian (yet another unromantic sod)
ControlFreak
> Do you know this to be fact?
>
> ever been at an AOS interview from a VWP?
> I have and know that I wasn't asked to prove anything of the sort.
Neither was I.
But considering that it was only days after meeting that they actually
married, I think they should at least be prepared for it.
CF
Ray
> Prepared I was, took a shedload of info, they didn't so much as look
> at any of it though..............
> asked us a few questions and stamped my passport and sent me on my way
But have you got you full GC yet...
Manc
> Neither was I.
> But considering that it was only days after meeting that they actually
> married, I think they should at least be prepared for it.
>
> CF
Prepared I was, took a shedload of info, they didn't so much as look at
any of it though..............
asked us a few questions and stamped my passport and sent me on my way
--
Posted via http://britishexpats.com
Manc
> I don't doubt you're lost in a mess of paperwork. Others have
> responded to that, but you should know that you must *not* leave the
> US under any circumstances until you either have a green card in your
> hand or permission to travel (known as Advance Parole) as you will,
> most likely, be denied re-entry to the US - and then you'll *really*
> be in deep shit! I'll add here, that getting A/P will take a long,
> long time... so be prepared.
>
> CarlM hit it right on the head though... when the time comes for you
> to adjust status, there's going to be a lot of questions at the
> interview that you must be prepared to answer - and prove! Remember,
> the interviewing officer is under no obligation to believe that this
> was a spur-of-the-moment thing.
>
> Ian (yet another unromantic sod)
Do you know this to be fact?
ever been at an AOS interview from a VWP?
I have and know that I wasn't asked to prove anything of the sort.
--
Posted via http://britishexpats.com
ian-mstm
> Do you know this to be fact?
>
> ever been at an AOS interview from a VWP?
> I have and know that I wasn't asked to prove anything of the sort.
It would be prudent for the OP to be prepared, don't you think?
Ian
Manc
> But have you got you full GC yet...
but of course Raymondo..........
Manc
> It would be prudent for the OP to be prepared, don't you think?
>
> Ian
seems to me you were trying to put the fear of god in her because you
have a general downer on people who AOS from VWP
when in all reality, it is no different from any other AOS interview.
ian-mstm
> seems to me you were trying to put the fear of god in her because you
> have a general downer on people who AOS from VWP
>
> when in all reality, it is no different from any other AOS interview.
Okay... if you say so.
Ian
CarlM
> You unromantic sod ..Its obvious its the real thing ..
> The story has really touched me ...My heatt is all a flutter with all
> the perfect details given..
In fairness if i had lived in South Africa i would have probably married
the bloke to avoid going back.
Bob
> seems to me you were trying to put the fear of god in her because you
> have a general downer on people who AOS from VWP
>
> when in all reality, it is no different from any other AOS interview.
yeah, but you have to admit, if only known each other for a couple days,
it does look fishy....and if you come with a bundle of stuff, they might
not look at it, but if you don't have anything, they'll certainly want
to know why wouldn't they?
also there's no safety net of appeals doing it on the vwp.....least
there isn't an overstay so can go use the AP once that's recieved.
ControlFreak
> Prepared I was, took a shedload of info, they didn't so much as look
> at any of it though..............
> asked us a few questions and stamped my passport and sent me on my way
That doesn't mean that she won't be asked to provide proof.
It seems ridiculous to jump on Ian just for warning her of what to
expect.
If you're so sure they won't question anyone about their intent when
they are adjusting from VWP, why did you take so much stuff?
CF
Noorah101
> Okay... if you say so.
>
> Ian
Hi Niks,
This link is a good place to get started:
http://uscis.gov/graphics/howdoi/legpermres.htm
It tells you the procedure and what forms need to be filled out. The
one thing I will also stress, you cannot leave now and return to the USA
until you have permission (the Advance Parole document) which can take
many months to receive, or your green card. Hint...AP will most likely
come sooner.
That means that all you left behind in S Africa will be left hanging for
several months until you receive AP and can travel back there without
abandoning your AOS (Adjustment of Status) here.
Otherwise, congratulations and best of luck to you.
Rene
Manc
> yeah, but you have to admit, if only known each other for a couple
> days, it does look fishy....and if you come with a bundle of stuff,
> they might not look at it, but if you don't have anything, they'll
> certainly want to know why wouldn't they?
> also there's no safety net of appeals doing it on the vwp.....least
> there isn't an overstay so can go use the AP once that's recieved.
how so Bob?
it does happen, if they were both south african and did it in south
africa no-one would give a toss.
it's no more fishier just because Jon is American.
Manc
> That doesn't mean that she won't be asked to provide proof.
> It seems ridiculous to jump on Ian just for warning her of what to
> expect.
> If you're so sure they won't question anyone about their intent when
> they are adjusting from VWP, why did you take so much stuff?
>
> CF
Carl, do you think the AOS interview from a VWP is any different to any
other AOS interview?
CarlM
> Carl, do you think the AOS interview from a VWP is any different to
> any other AOS interview?
I understand that in theory its supposed to be different. There is
some standard they are supposed to apply 'less than 30 days - assume
its dodgy' then '30 - 90 days questionable', and over 90 is supposed
to be kosher, halal, pukka or whatever word suits your
national/religious origin.
Im guessing that if they wanted to look specifically for an iffy one,
AOS from VWP is the most likely to be looked into further based on the
shorter period of time the couple are likely to have known each other.
Overall, probably depends who is interviewing you on the day, and
whether they got any the night before.
Manc
> I understand that in theory its supposed to be different. There is
> some standard they are supposed to apply 'less than 30 days - assume
> its dodgy' then '30 - 90 days questionable', and over 90 is supposed
> to be kosher, halal, pukka or whatever word suits your
> national/religious origin.
>
> Im guessing that if they wanted to look specifically for an iffy one,
> AOS from VWP is the most likely to be looked into further based on the
> shorter period of time the couple are likely to have known each other.
>
> Overall, probably depends who is interviewing you on the day, and
> whether they got any the night before.
I think, and Bob is right with regards to the denial and right to
appeal, that the OP should sit new husband down and say
"If the worst happened, and I was denied the right to live in the USA,
would you come to South Africa and live with me"
I wonder what the answer would be?
Rete
> Carl, do you think the AOS interview from a VWP is any different to
> any other AOS interview?
Excuse me ... it would seem that you and the others have fallen into the
troll trap.
Pick a hot topic and everyone will swarm in with their thoughts and
opinions to the contrary.
Look at the supposed place of residence, the country the poster is from,
etc. and who do you think wrote this piece?
--
I'm not an attorney. This disclaimer is valid in NYS!
Posted via http://britishexpats.com
nettlebed
> Do you know this to be fact?
>
> ever been at an AOS interview from a VWP?
> I have and know that I wasn't asked to prove anything of the sort.
I think Ian's point that they should be prepared to prove: if they are
asked and can't, well, I suspect our Suth Effrican will be on a plane
back to Jo'burg pretty quickly...
Manc
> I think Ian's point that they should be prepared to prove: if they are
> asked and can't, well, I suspect our Suth Effrican will be on a plane
> back to Jo'burg pretty quickly...
I don't see the word "prepared" anywhere in ian's post.
Rete, Troll or not, I cannot read minds nor judge someone on usernet.
Folinskyinla
> I understand that in theory its supposed to be different. There is
> some standard they are supposed to apply 'less than 30 days - assume
> its dodgy' then '30 - 90 days questionable', and over 90 is supposed
> to be kosher, halal, pukka or whatever word suits your
> national/religious origin.
>
> Im guessing that if they wanted to look specifically for an iffy one,
> AOS from VWP is the most likely to be looked into further based on the
> shorter period of time the couple are likely to have known each other.
>
> Overall, probably depends who is interviewing you on the day, and
> whether they got any the night before.
Hi:
You hit a big pet peeve of mine. In fact, on an immigration lawyers
list I participate in, we are having a discussion on this.
"30/60/90" is a State Department internal guideline for Visa Office
review of misrepresentation findings. It is a PROCEDURAL guidelines as
to whether such review is even needed. It is NOT a substantive rule.
And at that, it is often misunderstood [even by immigration attorneys
unfortunately].
--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
Posted via http://britishexpats.com
Manc
> From Ian's post (the one that I replied to your reply from):
>
> there's going to be a lot of questions at the interview that you must
> be prepared to answer - and prove!
shit
nettlebed
> I don't see the word "prepared" anywhere in ian's post.
>
> Rete, Troll or not, I cannot read minds nor judge someone on usernet.
From Ian's post (the one that I replied to your reply from):
there's going to be a lot of questions at the interview that you must be
prepared to answer - and prove!
--
Posted via http://britishexpats.com
ian-mstm
> shit
No worries! :) Normally I'd be up for a... um, discussion... but after
having a big breakfast burrito this morning, I have a touch of... um,
the vapors! In fact, Hypertweeky would be proud of me! It's all just
clouding my natural tendencies!
Ian
Bob
> how so Bob?
>
> it does happen, if they were both south african and did it in south
> africa no-one would give a toss.
>
> it's no more fishier just because Jon is American.
aye, it happens, and fair play to them, but the fact is, she ain't an
american marrying an american but someone from SA.
So would he be prepared to move to SA? probably a lot easier and
cheaper...
meauxna
> seems to me you were trying to put the fear of god in her because you
> have a general downer on people who AOS from VWP
>
> when in all reality, it is no different from any other AOS interview.
Why are you all on about the VWP?
The OP is from South Africa; no VWP. In fact, the original post says
'tourist visa'.
Bob
> Why are you all on about the VWP?
>
> The OP is from South Africa; no VWP. In fact, the original post says
> 'tourist visa'.
same applies to the b1/2 though doesn't it....i thought?
Noorah101
> same applies to the b1/2 though doesn't it....i thought?
The main difference (that I know of) is that the VWP entrant waives the
right to appeal any USCIS decision. A B-1/2 does not waive that right.
Rene
chiguedna
> Hi all!!
>
> I have read your posts [thanks they were all very helpful] here is my
> story:
>
> i came to the US on a tourist visa to visit a friend and hang out, do
> nothing, i believe its called a vacation. anyway, i arrived at the
> airport answered the questions at the POE truthfully, and booked into
> my hotel. the next day, i met the most amazing man, honnestly, i've
> been in love before, but i have never felt like i could not live my
> life without another person and this is how i feel about Jon. 5 days
> after meeting, he proposed, we got everything together [marriage
> license] and got married [at the county jail no less hahaha!!]. now, i
> find myself in a whirlpool of confusion about what comes next, while i
> understand that ignornace of the law is no excuse, i did not intend to
> marry, infact i still have a life back in South Africa [job, bills,
> family, friends ect]. i am lost in a mess of paperwork.
>
> i would appreciate it if someone could break it down for me with
> regards to what we need to file, where we need to file it, ect ect.
> i'm
> staying in fayetteville, north carolina btw.
>
> thanks a bijillion!!!!
>
> Niks
She said tourist visa, also there is no indication when this took place.
So, since most b1/2 are good for 6 months and may not have expired yet,
she may still have the option to return to SA and have "jon" file an I-
130 for spousal visa or K-3.
Bob
> She said tourist visa, also there is no indication when this took
> place. So, since most b1/2 are good for 6 months and may not have
> expired yet, she may still have the option to return to SA and have
there still not normally stamped for that length of time though unless
you ask for it and show how you can afford the length of stay if it's
anything over 90 days.
nikkiluvshouse
beautiful, and the people are wonderful.
nikkiluvshouse
Jonathan could move back to SA with me to live but he is in the army,
so he cant leave for another year.
USA & Pakistan
> Excuse me ... it would seem that you and the others have fallen into
> the troll trap.
>
> Pick a hot topic and everyone will swarm in with their thoughts and
> opinions to the contrary.
>
> Look at the supposed place of residence, the country the poster is
> from, etc. and who do you think wrote this piece?
I'm with Rete... sounds like a Troll. Aren't tourist visas a bit hard
to get from South Africa? Someone able to figure out how to get one of
those should be able to figure out how to Adjust Status. And the Thread
Title... it sounds more Valley-Girl than South African.
Marnee
ian-mstm
> thank you all for your replies its been helpful. i would love it if
> Jonathan could move back to SA with me to live but he is in the army,
> so he cant leave for another year.
I hope he doesn't get his head blown off!
Ian
nettlebed
> I hope he doesn't get his head blown off!
>
> Ian
Ian, please be careful with posts with the words "head" and "blown"
in them...
jeffreyhy
> Excuse me ... it would seem that you and the others have fallen into
> the troll trap.
>
> Pick a hot topic and everyone will swarm in with their thoughts and
> opinions to the contrary.
>
> Look at the supposed place of residence, the country the poster is
> from, etc. and who do you think wrote this piece?
Rete,
Don't know.
But I find it interesting that Niks asked a very general question
without providing any information about what she would like to do or
about what her situation back in South Africa is. Most posters seemed
to make the assumption that what she wants to do is remain in the USA
and become an immigrant from this point forward. Maybe she does, then
again maybe she does not or can not.
So Niks, what is your situation back home and what is it that you would
like to do? Maybe then you can be told some relevant things that you
need to know.
Regards, JEff
--
Of course, the Internet also tells us that hot naked women want to
befriend us, so we can't be 100% sure about everything we read there.
(Dave Barry)
Posted via http://britishexpats.com
CarlM
> hahahahaha! South Africa is actually an amazing place to live Carl,
> its
> beautiful, and the people are wonderful.
Yes - i have many happy memories of eating in a wonderful restaurant in
Cape Town, when it turned into Dodge City outside the window.. The wine
was superb, the food delicious, and the AK-47s serenaded us with a
cacophany of musical sounds.. if you liked it there, may i also
recommend Detroit!
nikkiluvshouse
i work as a fashion stylist for a youth magazine called student life in
south africa. i dont actually want to get permanent residence status
here. i would like to get an immagration lawyer to help me except i
dont want to immgrate, so i am kinda stuck. is it possible for me to
stay here on holiday/ tourist status for a year without working or
travelling and then leave once jonathan is done with his service?
Carl, i'm sorry your experience of SA was so awful, may i ask, when
exactly did you go to cape town on holiday? if it was in the 80's/early
90's then i can understand. i'm only 21 and i was lucky enough to live
in london until 1999 my parents felt it would be safer than living in
SA at a time when the government was so shaky. Now its wonderful, i
live right in the city centre of cape town [long street] and i've never
experienced even the mildest form of urban crime.
i would also like to say to Ian, that you may think those kinds of
jokes are funny, but i do not, there are many, many brave men and women
that give their lives fighting to make our world a better place, maybe
once you spend a week in afgahnistan or iraq trying to save not only
yourself but those poor people living there, maybe then you can make
shitty jokes like then but until then shut up.
sorry for the essay
Niks
nikkiluvshouse
difference, i still have 4 months left.
ian-mstm
Well... I guess the joke's on you then, because it was not meant as a
joke! I *have* served and I have seen heads blown off of living bodies,
and I have seen my share of horror... horrors, my dear, that at age 21
and in your fashion stylist life, you can't begin to imagine. And this
was all at a time when warfare was still up close and personal... real
in-your-face stuff. So please keep your disdain for someone more
deserving.
Let me also add here, that if your intention is not to immigrate, why
the f*ck are you wasting your time posting on an immigration forum.
Perhaps you'd be better off at alt.wannabe.visitor.but.no.hassle.please!
Ian
jeffreyhy
Niks,
If you don't want to become a US Permanent Resident, then you don't have
to 'file' anything. You can stay in the USA as a visitor for as long as
the CBP officer at the POE marked that you can stay on your I-94 -
possibly 6 months, the longest period of time allowed for a B2 entry?
(When you say that your visa is good for 4 more months, are you really
talking about your visa or do you mean your I-94?)
I don't know if application can be made to extend your 6-month allowed
visit - that would be a good question to ask an immigration lawyer if
you can't find the answer elsewhere.
You could also try leaving for a while and then come back again if your
visa is still valid, but you might have a hard time convincing a CBP
officer that your visit will be just that.
nettlebed
Well, so am I: I'm with Ian on this one, and I'm pretty sure that Rete
and Marnee have you well sussed out...
Bob
> Niks,
>
> If you don't want to become a US Permanent Resident, then you don't
> have to 'file' anything. You can stay in the USA as a visitor for as
> long as the CBP officer at the POE marked that you can stay on your
> I-94 - possibly 6 months, the longest period of time allowed for a B2
> entry? (When you say that your visa is good for 4 more months, are
> you really talking about your visa or do you mean your I-94?)
>
> I don't know if application can be made to extend your 6-month allowed
> visit - that would be a good question to ask an immigration lawyer if
> you can't find the answer elsewhere.
>
> You could also try leaving for a while and then come back again if
> your visa is still valid, but you might have a hard time convincing a
> CBP officer that your visit will be just that.
>
> Regards, JEff
Chances of the application to extend the stay being successful is pretty
slim, you do need a very good reason, such as your in hospital and can't
travel, there other reasons, but the sick card is normally the only one
that'll get an extention...but while the extention is being processed,
stay here is legal.