jwmurphy

The name should be the same name in her passport. Jeff

Nice name! My favorite phrase to say is "Wo bo sha, wo fung qua!

My reply is Off-Topic, but that statement is not true. If someone is here legally on any visa they can apply for AOS. For example, my ex-wife was here on a student Visa, and after we married we applied for AOS. The issue is if you violated the intent of the visa. If someone gets a tourist visa, and just uses it to get married that is looked at as misusing the visa and AOS could be denied. If they come on the same tourist Visa for a 6 month stay and after 4 months fall in love with someone and get married in Vegas... that is NOT a misuse of the visa, and AOS is no problem. Yes, it is subjective. But they tend to be lenient unless it is obvious misuse. And even then, if they pay the $1,000 fee, they tend to still be lenient (though there are horror stories out there). Exceptions would be K-1 (can only apply for AOS after marriage to the beneficiary), and Visa waivers (can't apply for any kind of visa or extention). There may be other exceptions, but by and large it is no problem. Yes this issue was discussed before. Your example where your friend was here as a student, fell in love and got married. This is acceptable because they did plan to get married. In this case they came to US got married went back to china and because of health issues he had to return to the US. She had a valid 1B visa and came to the US to be with her husband. They filed for an AOS and thats when then trouble started. Now if she came to the US and they got married and didn't plan it then it would be a different situation. Wouldn't their situation actually be like a couple that married over seas except they married in Las Vegas? They should have filed a c130 while she is in China? Except now she here so she shouldn't leave. They need a immigration lawyer to help straighten out this issue. Jeff

Another proud moment to claim as an American, I'm sorry to hear about the abuse that your SO and you have to go through. I would definitely contact my Congresssman and ask for help. Jeff

Right, I agree. She is only in trouble for applying for an AOS. You are not allowed to immigrate on a non-immigrant visa. Jeff

I still would ask them for the reference to the regulation that states your 1B visa is no longer valid. My understanding of your situation is this. You and your husband came to the US on business. While you were here you got married but did not intend on staying in the US. You then went back to China to live Do to health reason your husband was forced to come back to the US. After being sepparated you decide to go to the US since you had a valid 1B visa with multiple entries. Once you got to the US you applied for an AOS. At that time you were told your 1B visa was no longer valid and you were not eligible to apply for AOS. Correct? Ask the person who told you your 1B visa was no longer valid what the reference is to the regulation that invalidates your visa. I still think you came in legally. I don't think you have done anything wrong except apply for an AOS. I don't know if you over stayed your visit. You are eligible to apply for any non-immigrating visa. An H-1B would allow you to stay in the US as long as your company sponsors you. If you stay long enough you can apply for a green card with the help of your comapny. Jeff

I think they thought because they were married that it was the most logical thing to do. However she entered on a B1 visa and they can say she came in with the intent to imigrate on a non imgrant visa. I have not seen a regulation that state a B1 is invalid once you get married. An issue visa is good until it expiration date reached. I still think you should contact your company and have them sponsor you with an H-B1 work visas and try to get your green card. This way there are no violation. Jeff 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.

You may not be able to file for an AOS to immigrate. You are able to file AOS to work or go to school. Do you and your husband still work for the same company? Have them help. Here is some info concerning a B1 visa. Change of Status: Individuals who enter the United States on B-1 business visas are normally eligible to change status to permanent resident (Green Card holder) if they qualify, or to other non-immigrant status, such as temporary workers (H-1B, H-2B, E-1, E-2, E-3, etc.), or to students under F-1 and M-1 visas, among other categories. Individuals who enter the United States under the the Visa Waiver Program are not eligible to change status. The option to change status is the major advantage of non-immigrant visas over the Visa Waiver Program.

Thanks. I'm looking forward to it. Jeff You are hereby awarded one (1) "Atta Boy!".....but keep in mind, that one "Aw S***" erases ALL accumulated "Atta Boy" award points..... I'll see you get your "winnings" at the first CFL gathering for the Southern division..... Steve

You are hereby awarded one (1) "Atta Boy!".....but keep in mind, that one "Aw S***" erases ALL accumulated "Atta Boy" award points..... I'll see you get your "winnings" at the first CFL gathering for the Southern division..... Steve

Alright Steve, congratulations. How much do I win? I did pick Sept. 18th for your appointment day. Jeff

The people I know want to work in the US but they want to be able to go back and retire in China. Jeff Hi TY99, I think as China improves economically each year, you'll find more and more Chinese not wanting to give up their citizenship as we move forward. Many Chinese want to live in the US for various reasons, but they may not necessarily want to give up their Chinese citizenship. In the past, it was easier to give up as China was so poor compared to the US, but as we move forward in time, that is quickly changing for some in China. There are still a lot of poor folks in China to be sure, but there are some Chinese people who are becoming quite well off and more are added to this list each year, and I suspect many on this list will not want to give up their Chinese citizenship so easily.

GUZ is required to process visas within a defined period of time. Some applications process faster than others. I believe this why some couple interview dates are posted later and and some sooner. I think the key is to look when it arrives in GUZ. Usually the application which is given a short time to the interview date usually arrived in GUZ before the application that was given a longer time to the interview date. Jeff Who knows... I thought that they did things chronologically, but the fact that Kris-Jing's P4 was sent out yesterday, and their interview date is 9/25 confuses me big time. Mine was sent out today but interview date is 9/15... wonder how that is... perhaps mine was processed before theirs or something... I don't know. They have usually assigned interview dates in inverse order - when they begin assigning dates for a month, the dates are assigned from the end of the month forward. The last dates assigned - at the beginning of the month - occasionally have had as little as 2 weeks notice.

Congratulations Steve, It took us a month and a week to get our appointment date from the time we sent P3. It took two weeks to get our interview date from the time GUZ acknowledged receiving P3. So, you are doing pretty good. Hang in there. Jeff

I was quoted by a lawyer it takes 2 - 4 months to get an AP after you file for your AOS. You file for AP at the same time you file for AOS.