Any similar case?

[warpedbored]

She did say that both her and her husband came to Las Vegas on a business convention for the company they work for then decided to marry. That part is pretty cut and dried. She had a perfectly reasonable explanation as to why she came. What screws things up is that she left then came back again. My hunch is that with a good lawyer's help she will be fine.

[Randy W]

She did say that both her and her husband came to Las Vegas on a business convention for the company they work for then decided to marry. That part is pretty cut and dried. She had a perfectly reasonable explanation as to why she came. What screws things up is that she left then came back again. My hunch is that with a good lawyer's help she will be fine.

 

 

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.

[SirLancelot]

This thread is a good example of the vast difference between VJ and CFL. I hadn't notice the difference before so much--partly because I hadn't visited VJ so much during the I-129F part of the process but now that I'm doing AoS, I've been visiting there more--but I definitely see the difference in this thread.

 

Many old timer VJ members are much more apt to very strictly interpret the law on technicalities and sometimes the posts are very harsh for people in dire situations. On CFL, many of the old timers are much more supportive of the individual applicant/petitioner and do everything and more to reassure the individual that things will turn out for the best. It's nice for the individual emotionally but I think it can be dangerous by giving the individual too much of a sense of false hope.

 

I don't think it's a matter of fraud in this situation but technicalities do matter. Our rule of law is all about technicalities. The OP was already married prior to entry on a non-immigrant visa and subsequently applied for AOS. I believe the USCIS has justification to deny the AOS application on technical grounds. They don't need to determine an intent of fraud. They only need to determine that procedures where not followed. Having bypassed the Border Agent (an individual worker) doesn't mean USCIS (the US government) will pardon the applicant from following proper procedures.

 

It's possible a competent immigration attorney will be able to resolve the OP's situation, but I think the OP's situation is pretty serious. It's not something that should just be soothed away by telling her because she didn't intend to defraud that everything will be fine.

 

Immigration is all about technicalities and rules. It's important to pay attention to the rules or one could easily be denied immigration benefits.

 

As everyone has suggested: consult a good immigration attorney immediately!

[Randy W]

This thread is a good example of the vast difference between VJ and CFL. I hadn't notice the difference before so much--partly because I hadn't visited VJ so much during the I-129F part of the process but now that I'm doing AoS, I've been visiting there more--but I definitely see the difference in this thread.

 

Many old timer VJ members are much more apt to very strictly interpret the law on technicalities and sometimes the posts are very harsh for people in dire situations. On CFL, many of the old timers are much more supportive of the individual applicant/petitioner and do everything and more to reassure the individual that things will turn out for the best. It's nice for the individual emotionally but I think it can be dangerous by giving the individual too much of a sense of false hope.

 

I don't think it's a matter of fraud in this situation but technicalities do matter. Our rule of law is all about technicalities. The OP was already married prior to entry on a non-immigrant visa and subsequently applied for AOS. I believe the USCIS has justification to deny the AOS application on technical grounds. They don't need to determine an intent of fraud. They only need to determine that procedures where not followed. Having bypassed the Border Agent (an individual worker) doesn't mean USCIS (the US government) will pardon the applicant from following proper procedures.

 

It's possible a competent immigration attorney will be able to resolve the OP's situation, but I think the OP's situation is pretty serious. It's not something that should just be soothed away by telling her because she didn't intend to defraud that everything will be fine.

 

Immigration is all about technicalities and rules. It's important to pay attention to the rules or one could easily be denied immigration benefits.

 

As everyone has suggested: consult a good immigration attorney immediately!

 

 

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

[david_dawei]

This thread is a good example of the vast difference between VJ and CFL. I hadn't notice the difference before so much--partly because I hadn't visited VJ so much during the I-129F part of the process but now that I'm doing AoS, I've been visiting there more--but I definitely see the difference in this thread.

 

Many old timer VJ members are much more apt to very strictly interpret the law on technicalities and sometimes the posts are very harsh for people in dire situations. On CFL, many of the old timers are much more supportive of the individual applicant/petitioner and do everything and more to reassure the individual that things will turn out for the best. It's nice for the individual emotionally but I think it can be dangerous by giving the individual too much of a sense of false hope.

 

I don't think it's a matter of fraud in this situation but technicalities do matter. Our rule of law is all about technicalities. The OP was already married prior to entry on a non-immigrant visa and subsequently applied for AOS. I believe the USCIS has justification to deny the AOS application on technical grounds. They don't need to determine an intent of fraud. They only need to determine that procedures where not followed. Having bypassed the Border Agent (an individual worker) doesn't mean USCIS (the US government) will pardon the applicant from following proper procedures.

 

It's possible a competent immigration attorney will be able to resolve the OP's situation, but I think the OP's situation is pretty serious. It's not something that should just be soothed away by telling her because she didn't intend to defraud that everything will be fine.

 

Immigration is all about technicalities and rules. It's important to pay attention to the rules or one could easily be denied immigration benefits.

 

As everyone has suggested: consult a good immigration attorney immediately!

I've long seen this difference in the two boards...

 

My point about the POE is not about 'bypassing for pardon'... please... simply that no obvious fraud showed up at that point.

 

As Carl has said: The re-entry to the US is the real problem in this case... (The original visa, the marriage, and leaving the US all are within the law if no 'marriage intent' was a part of the conference when the marriage happened; them leaving the US shows they didn't intent to secure immigration benefits, at least right away).

 

A B-1 is a non-immigrant visa which carries non-immigrant intent; that the alien is visiting (ie: not abandoning their home residence). That it was used to enter the US (after marriage, after leaving once) to now file adjustment of status means an illegal entry.

 

The wildcard, as I said, is how in *some* cases, marriage to a USC forgives certain issues.. that doesn't mean hang your hat on it but it also means that there is no certainty of denial either... MY only point in this last comment (before someone jumps on that) is I've meet way too many people (chinese woman) who benefitted from *some* of these cases... the fact that experience shows it happens only means that it happens.. just as denials also happen...

Edited August 10, 2007 by DavidZixuan (see edit history)

[SirLancelot]

The wildcard, as I said, is how in *some* cases, marriage to a USC forgives certain issues.. that doesn't mean hang your hat on it but it also means that there is no certainty of denial either... MY only point in this last comment (before someone jumps on that) is I've meet way too many people (chinese woman) who benefitted from *some* of these cases... the fact that experience shows it happens only means that it happens.. just as denials also happen...

 

right, I can accept this. There is NO certainty of denial and I don't even think VJ's warning is categorical on denails. An USCIS IO may indeed grant the AOS. But my point was that in this situation, because the applicant left the country then entered again on a non-immigrant visa before ultimately filing for AOS, that due to the technicalities of the procedure, that she may be denied. Not on intent to defraud grounds, but on technicalities.

 

It's not absolute that she'll be denied but there may be a mild to significant chance. So the OP should be concerned and monitor the situation carefully.

[yixuan]

Hi guys, thanks a lot for all your good advice. Thanks to Dnoblett¡¯s suggestion, I posted my concern again on CFL after I did first on VJ. I have never thought things would become so serious.

 

I didn't spend much time on studying the immigration law but just simply assuming if it is true love and we spent a lot of time together and have evidence to prove that, the USCIS would consider my case in a different way. It seems way not enough. Anyway, breaking the entry law is wrong, either with notice or without. I came to US the end of 2006 for a convention and then got married in Las Vegas, and also, had a reception in China (those pictures were sent together with I-130). I think David got the point. I didn¡¯t stay after that because I didn¡¯t intent to immigrate and I have a job in China, too. And when I applied my visa, I was single, so there is no issue of fraud. I got a Multiple Entry visa valid for one year and that is why I came in with it the second time. As everyone noticed, where the problem got serious is that I entered again with a non-immigration visa and then stayed in US for AOS. I really didn¡¯t realize it¡¯s illegal until the Infopass officer told me. She said my visa was automatically invalid after I married to an American. The reason why I came to the US the second time is because my husband was banned to work in China by his doctor and he was going to have a surgery the next day I arrived. In fact, the company my husband and I worked for paid the airfare and hotel bill both times. That also resulted in that I ignored the issue of legal entry. Oh, the valid period of my B-1 visa was 08/08/07, does that matter anymore after I filed I-130 and I 485 package? Also, for legal reentry US, I filed I-131 as the Infopass officer suggested.

 

Really appreciate your advice and help. I will consult some legal advice. Hi, Warpedbored, have you had any contact with the lawyers you recommended? At this point, it seems like only the competent lawyer can help my case. BTW, I am in Portland, Oregon and hope I can stay here.

[david_dawei]

Valid period of B-1:

 

I think you answered your own question by citing the Infopass officer as saying the "visa was automatically invalid" due to marriage... I think it's moot as to anything regarding it's valid period as stamped.

 

And you probably put the visa info on the I-485.. so it probably won't go unnoticed by those reviewing the paperwork.

 

Make sure you bring a copy of what you submitted to a lawyer, once you find one...

[yixuan]

Valid period of B-1:

 

I think you answered your own question by citing the Infopass officer as saying the "visa was automatically invalid" due to marriage... I think it's moot as to anything regarding it's valid period as stamped.

 

And you probably put the visa info on the I-485.. so it probably won't go unnoticed by those reviewing the paperwork.

 

Make sure you bring a copy of what you submitted to a lawyer, once you find one...

 

Yeah, you are right. It should be meaningless with the period thing. I just double check with you guys since I saw people had problems with the invalid stamp when they apply driving license and other benefits. I used it and passport to get myself a driving permeit 10 days ago. Hope it won't be an issue when I am ready for a fianl license.

[C4Racer]

I am curious, why would a B1 visa be automatically invalid due to marriage? The purpose of the visa is to come and go from the US while working for a foreign company. Is USCIS saying the person must quit their job once they marry?

Seems to me that the key here is the use of the visa for the second entry. Did the OP come to the US to be with their spouse or was there an opportunity with the company she works for in the US she exploited?

A good lawyer should be able to help in this case.

[warpedbored]

Hi, Warpedbored, have you had any contact with the lawyers you recommended? At this point, it seems like only the competent lawyer can help my case. BTW, I am in Portland, Oregon and hope I can stay here.

I have no experience with them but I have heard they are very knowledgeable about immigration issues as they pertain to China. From what I read on their website your type of case seems to be their specialty. It is good to be cautious though. I have heard too many horror stories of lawyers who claim to be proficient in immigration only to have the client later find out they were learning as they went. One of our members, toplaw, is a lawyer. Perhaps he might give you some pointers on selecting an attorney.

Edited August 11, 2007 by warpedbored (see edit history)

[david_dawei]

I am curious, why would a B1 visa be automatically invalid due to marriage? The purpose of the visa is to come and go from the US while working for a foreign company. Is USCIS saying the person must quit their job once they marry?

I think that they are saying that she would not of been allowed to travel to the US under a marriage to USC status (ie: given an entry visa) not that she has to quit her job, but cannot travel into the US (since they fear she will want to stay and adjust status).

[dnoblett]

I am curious, why would a B1 visa be automatically invalid due to marriage? The purpose of the visa is to come and go from the US while working for a foreign company. Is USCIS saying the person must quit their job once they marry?

Seems to me that the key here is the use of the visa for the second entry. Did the OP come to the US to be with their spouse or was there an opportunity with the company she works for in the US she exploited?

A good lawyer should be able to help in this case.

Yes this is correct, many who are married and waiting for K-3, CR-1 visas can and do visit the country while K-3/Cr-1 visa is being processed, particularly Canada, and other VWP countries, it is considered hard if not impossible to get B-1 visa in other NON VWP countries while K-3/CR-1 is being processed.

[warpedbored]

Thanks Lee, advice in general on selecting an attorney is welcomed.

 

I went to the website for the lawfirm I posted about and this is what it says in the about us section

Established in 1994, Chen & Mu is a law firm specializing in all aspects of immigration law, including business-related immigration law, family-based immigration law, and deportation/removal defense. We file all kinds of visa petitions and applications with the USCIS, and also represent our clients before the Department of Labor, the immigration court, the Board of Immigration Appeals and the federal courts.

 

 

Sounds to me like just what she is looking for. Here is a link to some reviews about them on city search.

http://portland.citysearch.com/review/37623097

 

Here is a link to a list of iimigration attorneys in Oregon from the University of Oregon. Chen Mu is on the list

http://oip.uoregon.edu/documents/iss/pdf/v...ters/lawyer.pdf

Edited August 11, 2007 by warpedbored (see edit history)

[yixuan]

Hi, Warpedbored, have you had any contact with the lawyers you recommended? At this point, it seems like only the competent lawyer can help my case. BTW, I am in Portland, Oregon and hope I can stay here.

I have no experience with them but I have heard they are very knowledgeable about immigration issues as they pertain to China. From what I read on their website your type of case seems to be their specialty. It is good to be cautious though. I have heard too many horror stories of lawyers who claim to be proficient in immigration only to have the client later find out they were learning as they went. One of our members, toplaw, is a lawyer. Perhaps he might give you some pointers on selecting an attorney.

 

 

While I am flattered by the suggestion that I might be able to help, I am not sure that I can. My law firm does not handle immigration law matters at all, and I don't know any immigration lawyers.

 

Probably everyone on this forum is more knowledgeable than me about immigration law matters. That is why I hired an immigration law firm to handle our K-1 Visa application. Perhaps my method of selecting that law firm might be of some help, I don't know.

 

An application for a K-1 Visa is simple enough that someone can handle it without an attorney. Many people do just that. I didn't want to take the time to read everything, and I didn't want to be held responsible for any mistakes. I therefore searched for a law firm that had a very narrow focus and lots of experience in that narrow focus.

 

I think you need a "real" immigration lawyer or law firm that has a much broader understanding of immigration law. Some states allow lawyers to become "board certified" in specialty areas. There may be lawyers in your state who are board certified in immigration law. Board certification requires a lawyer to obtain a broad range of knowledge in the field of specialty.

 

There is typically a minimum amount of experience required in the field before a lawyer can even take a test to become board certified. A board certified specialist therefore won't be a lawyer with little or no experience who simply trolls on the Internet hoping to grab some immigration cases.

 

I am sorry that this is the best suggestion I can think of for you, but I hope it helps. Best of luck with your case.

 

Hi toplaw, thanks for yolur suggestion. I searched a while on line but surprisingly I didn't find any immigration lawyer is "Board certified" in Oregon. And there is only one guy is "Bar certified" (?). I am not sure what is that mean.

I consulted two lawyers in different companies. One is Chen and Mu's associates and the other is Davis Wright Tremaine LLP. The first one said come and we could talk about it, and the second one said since the damage has done (All forms's been submitted), he could give me some suggestions in preparation of AOS interview and hope me good luck. I couldn't see much chance there.

Will the USCIS always offer an AOS interview before they make a decision? Three months later? It sounds that it is the last chance I can explain things to them.