In 1994-95 I was in the USA on J-1. 2 months before my study ended I brought my son of 12 y.o. on J-2 to visit with me. We departed on time! 3 months later both of us got visitor's visas and came here again. I married my boyfriend here and he filed I-130 for us. In the meantime we extended our visitor's visas for another year. Due to the hardship for my husband I was granted a waver of 2 yrs home res. req. We were ready to file for AOS, but my son (14 at the time) left for good (or so he thought) to live in our country with his father. We filed for AOS for me. My son left on time - before voluntary departure date, and I sent a copy of his ticket to INS. 2 yrs later in 1999 my son was denied a visitor's visa, then we reopened his case (my husband is the petitioner) for AOS and got an approval from INS. Now his file is at NVC, I am expecting his packet any day now.
Dear Lenams:
Thank you for your reply.
Dear Lenams:
I just married my girlfriend who is U.S citizen,
HAPPY CHIRISMIS TO ALL OF YOUR STAFF
QUESTION: Can this history of me marrying a US citizen soon after coming on visitor's visa (even though I was granted a waver which is very hard to get and it implies serious reasons) or my son's extended visitor's visa and my husband's applying for him as an alien relative right after we came as visitors AFFECT the decision of a US consul in Moscow to give my son a GC? What can I do to minimize that danger? I want to send my husband to Moscow to support my son during the interview. (I can't go to Russia now and woudln't help anyway as I am still a permanent res. only) Do you have any suggestions for my complicated case?
By ImmigrationHelp on Monday, March 12, 2001 - 10:09 am:
Based on the information you have provided, we really don't see a major problem with your son's case.
First of all we don't see any fraud, and certainly not on the part of your son who was only 14 years old at the time. Also, he did not overstay his time in the US, but even if he did, he would not accrue unlawful presence since he was under the age of 18 at the time.
The only possible problem is if he lied on his visitor visa application that he made when he was age 16. Presumably, that application was not even made by him.
Since you are already a permanent resident, the Immigration Service did not find anything wrong with your marriage, so your case should have no bearing on your son's case.
If you feel that you would like more detailed information about your son's prospects, we would suggest that you present all of the information to an immigration law attorney for a personalized opinion based on having all of the information at his or her disposal. Good luck.
By lenams on Monday, March 12, 2001 - 11:16 pm:
No, my son did not lie on his visitor's application when he was 16. At that time he only wanted to come visit me. But because he was denied a visitor's visa (I heard that consuls do not eagerly give it to those who extended their stay in US in the past), we had no choice but to apply for a GC. Even now we are not sure that he will stay here for good. As strange as it may sound he did not like it here very much in the first place and now it's time for him to 'reevaluate' the values here and there:-)
By ImmigrationHelp on Tuesday, March 13, 2001 - 09:59 am:
Then he should have no problem in getting his permanent residence. Keep in mind, however, that since he is coming as a permanent resident he must have the intent to reside in the US permanently. Good luck.
By Anonymous on Tuesday, April 29, 2003 - 11:22 am:
i came here from Australia on the visa wavier program(i-94), what i need to know is, my 90 days are almost up, will i still be able to file for adjustment of status if the paper work isnt sent in before those 90days are up?.Please help as this is causing me a lot of stress!!
By Anonymous on Monday, December 22, 2003 - 04:50 am:
may kindly give proper information
1) After three succesful visit of USA and having valid visa B1-B2. How i can convert my statues from B1-B2 to work visa easily.
2) Can i get visa of my son of age seventeen?
3)My qualifivation is ASSOCIATE ENGINEER in Auto-mobile and experienced in store keeping.
YOURS SINCERELY; MR IJAZ AHMED.
H/NO 656 DHOKE JUMMA
JGELUM CITY PAKISTAN.