Randy W

Doesn't matter - it IS on her back to either marry her petitioner, or leave the country. There IS a third option, though. When she gets a removal hearing notice, she could go to court, explain her situation, and possibly be allowed to adjust status (it does happen). If that fails, she would still have the voluntary departure option.

I didn't see pages 2 or 3 the first time I read it - it's HILARIOUS ! "One need not be perfect to point out harmful misinformation or to suggest a poster who quite commonly incorrectly speculates . . ."

His results here were similar to what you saw in the VJ thread. I don't see how his results apply here? He was K3; he waited till they would get the 10 year green card.. This situation (although I didn't waste my time to read the VJ thread) is a K1 who never married... so hoping to get around the requirement. Pushy, in typical fashion, only pushed the envelope but didn't go against the requirement... Just state how Pushy applies and should be followed as 100% guaranteed successful and can be followed clearly instead of us wasting time discussing it. Read the thread and the responses to Pushy, David. I expected it would bring back some memories. Apparently, I was wrong. Actually, don't read it - it was in reference to the OP's comment that "the infighting in vj lost her" and is unimportant. The idea of marrying another USC would be very risky, since the K-1 specifies that she marry the petitioner. I really don't think the overstay is an issue, but a third party would look like visa hunting, unless she were to leave the country and apply for a new visa

His results here were similar to what you saw in the VJ thread.

About the EAD stamp - EVERY K-1 comes with 90 days worth of work authorization with or without the stamp - don't feel like you're missing out on something there. You put your new address on the AOS application, which you file after you get her SS card and get married. Be sure to get the SS card within 76 days of arrival. File for EAD and AP for travel with the AOS application.

pushbrk is a former member here, with similar results. The advice to file an I-130 with the I-485 is correct, if she marries the petitioner. We had a member do that recently, although not in such dire straits. No, she is NOT here illegally - she just needs to decide what to do, and do it. If she can do that in a reasonable time frame, there will be no repercussions - but no one will define "reasonable" for her. 1) Marry the petitioner - or - 2) Leave Yes, that is a trap they can fall into

Wow, Fred! We finally jumped ahead of you. They took so long processing Jiaying's AOS that they just gave her a 10 year card. I like rubber bands or manila folders, myself, since they're just going to punch their two little ACCO holes in the top anyway. Good luck!

EAD can take up to 90 days to get. NOTE: DO NOT apply for EAD before AOS based on K-1 visa, this will get rejected by USCIS because they will not be able to approve it within the 90 days of the I-94. EAD based on K-1 expires 90 days after entry to the USA on the K-1, a tremendous waste of $340. Yes EAD based on an pending I-485 is part of the $1010 fee paid for AOS, you will use code (c )(9 ) on the I-765 for EAD. Okay, thanks. But, if I am understanding you correctly, I'm screwed. Based upon Kansas Requirements, I won't be able to get her a State ID until after AOS - because even with EAD, she still has no new "Date of Exit" until the approval of AOS... Right? Or am I missing something here? If they restrict her date like that, they will set it to the expiration date of her EAD. Jiaying's driver's license was good to 2012, even without an EAD - it depends on the state - I don't think Texas is doing that anymore.

If you apply for EAD without also applying for AOS, it expires anyway at the 90 Day mark along with the visa So apply with AOS. It'll take about 60-90 days.

When the I-864 was changed to not require notarization USCONGUZ stayed that they would accept the form as is, without notarization. But that the I-134 still required notarization. So I expect they will accept this new form as is, without notarization. But it's best to follow Roger's advice, until we hear from them

You can wait as long as you want, as long as you don't mind being denied. Roger's wife is on a K-3 visa, which (the I-94, for Dan) doesn't expire for 2 years. Your K-1 expires after 90 days, after which she is out of status. This is usually no problem as long as you apply within 6 months, possibly up to a year. If you want to blaze a new pathway, you can wait 2 years, and at that time file an I-130 and an I-485 dependent on the I-130. Let us know how it turns out. Somebody did this recently, but they were within the year. Waiting 2 years would get you a 10 year green card. Or you can go ahead and file the I-485 within a reasonable period of time. No one will define reasonable for you

Yes - from everyplace she's lived more than (3? 6?) months, outside of the USA. Others have reported trouble getting them from Japan, but eventually did get them. You might start by checking with a South African embassy or consulate. The Chinese police report needs to be obtained from her hukou (where she is registered).

You buy the berries separately http://www.sportsmansguide.com/net/cb/cb.aspx?a=54421

In Texas, it's illegal to drive without a driver's license. That's the first thing they'd notice if you tried to take the driving portion without a learner's permit.

Thanks Randy, I was really debating back and forth which it might be ? I will wait to see if someone else chimes in here. ALSO.....since my daughter is only age 12, and does not need to have the Form G-325a, are the two PP photos which are normally attached to the 325a, not needed for her ?? Aren't these photos used on the green card, when it is produced ?? I read through the K-3 AOS Guide from VJ, and it is silent in this regard ?? No - the photo used on the green card is taken at biometrics. But, like David says, follow the requirements.

Thats strange cuz our 2 year GC was from the date we enter the States "POE". Yeap I just check it again, from the date that we enter SF aka "POE" ... but maybe CR1 is a tad different? I just checked again too, it's the date of the AOS interview. I came in with a K3 visa. maybe that's why? =\ In ALL cases - it's the date that card production is ordered.

None that I'm aware of

Like he says, But usually, GUZ is on a "Don't call us - we'll call you" basis, if the case is still open Stepbrow found a side entrance to the consulate, and also that they have their lines down pretty pat.

Not by the consular staff That should give you a strong indication of how often it happens. In the stories we've heard more recently, the American citizen was given hardly more than what was stated on the white slip. The response most typical would be, "The case is locked down"

IR2 Visa Denied 11/21/05 I won't spoil the ending

I agree - the "doctrine of consular non-reviewability" goes back for than a few decades, and across many administrations. Check this case out. http://pacer.mad.uscourts.gov/dc/cgi-bin/r...+to+dismiss.pdf The only problem is that this case was complicated by many issues that most of us do not have. But the court did hold that; "The doctrine of consular non-reviewability does not apply to claims of illegal behavior during the application process.". Peace, Jay Yes, anyone can sue for any perceived "violation of constitutional rights". The court system is there for exactly that purpose, including to take your case all the way to the Supreme Court, if you wish. This guy was basically a real nut job, and his lawyer conveniently didn't bother to tell him to not waste his money. He lost on every count. This should be required reading for those advocating a "You can't deny my constitutional rights" approach to getting a visa. That case had been brought up before - http://candleforlove.com/forums/index.php?...st&p=467531

I agree - the "doctrine of consular non-reviewability" goes back for than a few decades, and across many administrations. Check this case out. http://pacer.mad.uscourts.gov/dc/cgi-bin/r...+to+dismiss.pdf The only problem is that this case was complicated by many issues that most of us do not have. But the court did hold that; "The doctrine of consular non-reviewability does not apply to claims of illegal behavior during the application process.". Peace, Jay Yes, anyone can sue for any perceived "violation of constitutional rights". The court system is there for exactly that purpose, including to take your case all the way to the Supreme Court, if you wish. This guy was basically a real nut job, and his lawyer conveniently didn't bother to tell him to not waste his money. He lost on every count. This should be required reading for those advocating a "You can't deny my constitutional rights" approach to getting a visa.

I took Li on a vacation to New Mexico for Christmas. I took her to one of the finest Mexican restaurants in Albuquerque. I found out the expensive way: She doesn't like Mexican food. Mexican food and cheesecake seem to have taken hold around here for all holidays/birthdays.

Does AmEx work in China ??

I agree - the "doctrine of consular non-reviewability" goes back for than a few decades, and across many administrations.