Randy W

Around Aug 20, they will begin scheduling interviews for late Oct. The dates will be assigned in an inverse order, until the dates in early October will be asigned in early Sept. Once in a while, we see a date in the first week of October being assigned around Sept 15 (i.e., about 2 weeks notice) If past patterns still hold true

Jiaying says ÖÐÇï½Ú - Aug 26 and screamed "No - death - shagua!" at me! "Death people holiday" ÖÐÔª½Ú is Sept 25 - people get together and eat dinner I just ducked.

Where will people from out of town stay? My son and I used to stay at Masters Inn Maingate - it's only $45. Off-season prices with such a hotel saturation are very good.

It may be - remember, though, that you're starting over and re-filing the forms. Make sure there won't be any complications from withdrawing the old. One thing guaranteed is that you would be married this year. I hope it works for you.

For a K-3, you would first have to file a CR-1 (I-130), the immigrant visa referred to. If the I-130 is approved (after the K-3 is used), she would have to go back to Guangzhou for an interview there. This would result in a greencard. The K-3 may be filed as soon as you receive the I-797 for the CR-1 I-130. K-3 processing in Hong Kong can be as short as 2 months. So she could conceivably be here by the end of the year. She could then either wait for the immigrant visa processing, or file the I-485 to adjust status here. The time savings is in the consular processing - 2 months vs 4 or 5 months at GUZ.

I think Lee is complaining about yesasia.com - he has complained about them before, although most of us have good experiences with them (I recommend it). Yeasallasia.com is actually a different site.

She says, "Ni de stocks, hau ma?", and I respond either, "Buy clothes", "No buy clothes", or "Take clothes back"

The QQ web-site is fine. DO NOT download qqplay.exe. Most virus and spyware programs will detect it.

The B1 does not seem to be an issue. Whether she is legal or illegal, she is still in the same boat of trying to adjust status. I agree about the H1B, but be sure to disclose your present situation. Our company hired someone whose student visa expired before the H1B came through. They sent him to work out of a hotel in Beijing until it was approved.

Whee !! Congratulations! Wow !

Copies of receipts and any loose items do just fine. Anything on a 8 1/2x11 or AA4 piece of paper fits in their file.

I'm confused.. you said you already filed AOS... why do you say all you can do is apply AOS here? That is all she could have done in order to avoid leaving or going underground/illegal.

from adamchildress' timeline 2 months total consulate time for a CR-1

Yes - it is conceivable that they might approve the AOS at the interview, but whether you have an interview or not, a denial would result in the letter (only) - no request to leave the country or anything like that. The Master Calendar hearing simply gives you a date for the actual hearing. The hearing determines whether you can adjust status, or can voluntarily leave the country. Ours is on Nov 15. The USCIS' position is that our son no longer had permission to stay, as of Feb 28 of this year (when his visa expired) - this completely ignores the AOS process. So the immigration court is the best place to sort out the particulars of his case. I am guessing that it will be for you, also. For both your case and his, nobody is asking you to leave. The immigration court hearing is the first place that that might happen.

Thanks Jwmurphy. we used to work for the same company and they are still willing to hire me. But the problem is I can't be hired legally without EAD, and I am not eligible to apply for EAD unless I filed AOS. So I am kind of stuck. Your company may be able to sponsor you for a H-1B visa. Talk to your human resources department. If not, this is how I see your case playing out - You are NOT in any kind of serious trouble or hot water. Nobody will accuse you of anything. The die is already cast as to whether you'll be approved for the AOS or not. I think a lawyer for the AOS is a waste of money. Don't do a thing, except prepare for the interview if they schedule one. Assuming you are denied adjustment of status, you will be notified in a letter. The USCIS WILL NOT ASK YOU TO LEAVE. They will simply deny your AOS and leave it at that. Appealing this decision, or going to a regular court would (in my opinion) be a waste of time and money. Once they notice that you haven't left the country, they will mail you a Notice to Appear at a removal hearing. The first notice won't provide a date or time. The second notice will be a notice to appear at the Master Calendar hearing, which will schedule a date for your actual hearing - although I've heard that the actual proceedings can occur at that time, if both sides are ready (including a court-appointed translator, if your English is less than fluent). I was unable to hear any details of the case before ours, but I believe the lady before us was here under similar circumstance to yours - a big over-stay, and wanting to adjust status. She was guilty of what the USCIS accused her of, but the judge ordered them to adjust her status anyway - basically, forgiving her overstay. So, this immigration judge will either order your removal, or forgive your overstay on the visa, and allow you to adjust status. If you are ordered removed, you may appeal to higher courts, or opt for voluntary deportation. So, don't talk to a lawyer about the adjustment of status - talk to one about immigration court, the removal proceedings and what that might do for you.

Express Mail Service (EMS)

cool, thanks. how long after biometrics before i765 is approved? Hopefully, you filed under ( c )(9), and not ( a )(6). The ( a )(6) is only good for the 90 days that you already have work authorization for, but the ( c )(9) is usually filed with the AOS application. About a month for us between bio-metrics and getting the card.

fingerprints, and a photo for the card(s)

If nothing consequential happens to either parties, then I'm positively certain that many people would go this route simply to enter the US and stay. Wouldn't Roger's acquaintance have filed a I-864 to get as far as an AOS appointment? I'd imagine no interview would have been scheduled without submission of a signed I-864. The situation Carl describes IS different and may be covered by abuse provisions. He is looking for them to determine that. We have had more than a few USC's report separating from their spouses between the marriage and the AOS interview I don't think any have reported any adverse circumstances (beyond the split-up, and any effects on subsequent applications). The I-864 is not effective until the green card is awarded. Whether she can use his already signed I-864 is a question for a lawyer (both parties have an interest here). The wife needs to talk to a lawyer. Immigration court deals with these things all the time. The absolute worst outcome, if she deals with it appropriately, would be voluntary deportation. In immigration court, the USCIS is simply a party to the proceedings. The court tells them what to do. The only thing the USCIS has any control over is the FBI background check - that is, the court can't order adjudication before the background check is complete.

She satisfied the terms of her K-1 by marrying (in good faith) within 90 days. She needs a good immigration lawyer, but can probably adjust status (it's been done). The USC is off the hook, provided he didn't sign the I-864, except as provided by the divorce decree. Any future applications may be affected.

You're sounding like an old timer already, guy!

When it gets to immigration court, it follows the law. It's a lot different from what the Immigration Officer's follow and what we hear about here. For example, if you read the law about K-1's, it says only that the fiance must get married within 90 days. As long as the marriage was entered into in good faith, it can be (and has been) argued in court that the condition was satisfied, and the status must be adjusted, even if the marriage was dissolved before adjudication. It's a different ballgame.

She met the man AFTER she arrived on the visa - her intent was obviously not to use the visa to come here and marry him. That's the difference. The visitor's visas are not intended to be used to bypass the K1/K3 procedures. The facts of a particular case are best sorted out by a lawyer who knows both the facts and the law.

Sorry, but I think that's where she might be open on a fraud accusation - if she filled out the visa application as single, for example.