m*0
2 楼
由于某些原因没能和老婆一起交485,现在老婆来了美国,现在能给她交485吗?还是等
485批准后?
看485说明:“If the spouse or child is in the United States,the individual
derivatives may file their Form I-485 with Form I-485 for the principal
applicant, or file Form I-485 at anytime after the principal's Form I-485
application is approved, if a visa number is available”
她现在身份是B2,是现在交485还是等我485批准后?我的PD是2013/4
485批准后?
看485说明:“If the spouse or child is in the United States,the individual
derivatives may file their Form I-485 with Form I-485 for the principal
applicant, or file Form I-485 at anytime after the principal's Form I-485
application is approved, if a visa number is available”
她现在身份是B2,是现在交485还是等我485批准后?我的PD是2013/4
L*e
3 楼
有时候换个公证处就好了。公证处之间也有竞争。
a*r
4 楼
B类和F类非移民签证要等入境至少60天,最好90天后再交I-485,不然有签证欺诈嫌疑。
As a general rule, a person cannot have preconceived intent to enter the U.S
. for a purpose different from that permitted under his/her visa. Before a
non-immigrant visa applicant’s application is approved, a consular officer
(at the U.S. Consular/Embassy abroad that the applicant submitted their
application to) must first determine whether the non-immigrant actually
seeks to enter the U.S. permanently. This precaution is taken because under
the Immigration and Nationality Act, there is a legal presumption that all
persons seeking entry into the United States are immigrants. Therefore, in
order for the non-immigrant visa application to be adjudicated, the
applicant bears the burden of having to prove “non-immigrant intent:” that
he/she (1) has a residence abroad, (2) has no immediate intention of
abandoning that residence, and (3) intends to depart the U.S. upon the
termination of the visa.
The USCIS has discretion over the approval of COS and AOS applications and
can deny applications if they are presumed fraudulent or if the alien has
preconceived intent. Applications submitted between 1-30 days of entry are
deemed fraudulent; those submitted between 30-60 days could be denied on the
basis of presumed fraudulence; those submitted between 60-90 days could
also be denied on the basis of preconceived intent, but the alien would be
able to dispute the claim; applications submitted after 90 days will have
the best chance of approval from the USCIS. [INA 214]The USCIS and the Board
of Immigration Appeals can, as a proper exercise of discretion, deny the
alien's adjustment application and deport him based on the theory that the
alien would have never been admitted to the U.S. had he not misrepresented
his intentions, so he was excludable at entry. If the USCIS believes that at
the time the applicant entered the US in his or her current non-immigrant
status the applicant had a "preconceived intent" to actually be in the
status now being requested, the application for change of status can be
denied on the theory that the applicant tried to circumvent the visa process
by entering on one visa and then changing to another status after entry.
USCIS takes several things into account when considering whether an
applicant may have had a preconceived intent, including: (1) the time
between entry in one status and an application to change status, and (2)
when and how quickly the applicant began taking steps towards obtaining the
new status.
http://www.hooyou.com/f-1/140filing.html
以上说的不适用于H、L等有双重倾向的Visa Holder,
但其他非移民VISA Holder(比如B类 or F类签证)一定要注意。最好找个专业移民律师
问问。
当然,你LP还可以回国签H/L签证,再来美国交485。
【在 m*****0 的大作中提到】
: 由于某些原因没能和老婆一起交485,现在老婆来了美国,现在能给她交485吗?还是等
: 485批准后?
: 看485说明:“If the spouse or child is in the United States,the individual
: derivatives may file their Form I-485 with Form I-485 for the principal
: applicant, or file Form I-485 at anytime after the principal's Form I-485
: application is approved, if a visa number is available”
: 她现在身份是B2,是现在交485还是等我485批准后?我的PD是2013/4
As a general rule, a person cannot have preconceived intent to enter the U.S
. for a purpose different from that permitted under his/her visa. Before a
non-immigrant visa applicant’s application is approved, a consular officer
(at the U.S. Consular/Embassy abroad that the applicant submitted their
application to) must first determine whether the non-immigrant actually
seeks to enter the U.S. permanently. This precaution is taken because under
the Immigration and Nationality Act, there is a legal presumption that all
persons seeking entry into the United States are immigrants. Therefore, in
order for the non-immigrant visa application to be adjudicated, the
applicant bears the burden of having to prove “non-immigrant intent:” that
he/she (1) has a residence abroad, (2) has no immediate intention of
abandoning that residence, and (3) intends to depart the U.S. upon the
termination of the visa.
The USCIS has discretion over the approval of COS and AOS applications and
can deny applications if they are presumed fraudulent or if the alien has
preconceived intent. Applications submitted between 1-30 days of entry are
deemed fraudulent; those submitted between 30-60 days could be denied on the
basis of presumed fraudulence; those submitted between 60-90 days could
also be denied on the basis of preconceived intent, but the alien would be
able to dispute the claim; applications submitted after 90 days will have
the best chance of approval from the USCIS. [INA 214]The USCIS and the Board
of Immigration Appeals can, as a proper exercise of discretion, deny the
alien's adjustment application and deport him based on the theory that the
alien would have never been admitted to the U.S. had he not misrepresented
his intentions, so he was excludable at entry. If the USCIS believes that at
the time the applicant entered the US in his or her current non-immigrant
status the applicant had a "preconceived intent" to actually be in the
status now being requested, the application for change of status can be
denied on the theory that the applicant tried to circumvent the visa process
by entering on one visa and then changing to another status after entry.
USCIS takes several things into account when considering whether an
applicant may have had a preconceived intent, including: (1) the time
between entry in one status and an application to change status, and (2)
when and how quickly the applicant began taking steps towards obtaining the
new status.
http://www.hooyou.com/f-1/140filing.html
以上说的不适用于H、L等有双重倾向的Visa Holder,
但其他非移民VISA Holder(比如B类 or F类签证)一定要注意。最好找个专业移民律师
问问。
当然,你LP还可以回国签H/L签证,再来美国交485。
【在 m*****0 的大作中提到】
: 由于某些原因没能和老婆一起交485,现在老婆来了美国,现在能给她交485吗?还是等
: 485批准后?
: 看485说明:“If the spouse or child is in the United States,the individual
: derivatives may file their Form I-485 with Form I-485 for the principal
: applicant, or file Form I-485 at anytime after the principal's Form I-485
: application is approved, if a visa number is available”
: 她现在身份是B2,是现在交485还是等我485批准后?我的PD是2013/4
z*y
5 楼
好几张纸呢
你算错了
你算错了
m*0
6 楼
还没来得及给老婆递485,485就批了,现在老婆是不是就只能家属移民了?
家属移民人可以不在美国吧?
家属移民人可以不在美国吧?
w*t
8 楼
Follow to join
m*r
14 楼
你这批得好快
【在 m*****0 的大作中提到】
: 由于某些原因没能和老婆一起交485,现在老婆来了美国,现在能给她交485吗?还是等
: 485批准后?
: 看485说明:“If the spouse or child is in the United States,the individual
: derivatives may file their Form I-485 with Form I-485 for the principal
: applicant, or file Form I-485 at anytime after the principal's Form I-485
: application is approved, if a visa number is available”
: 她现在身份是B2,是现在交485还是等我485批准后?我的PD是2013/4
【在 m*****0 的大作中提到】
: 由于某些原因没能和老婆一起交485,现在老婆来了美国,现在能给她交485吗?还是等
: 485批准后?
: 看485说明:“If the spouse or child is in the United States,the individual
: derivatives may file their Form I-485 with Form I-485 for the principal
: applicant, or file Form I-485 at anytime after the principal's Form I-485
: application is approved, if a visa number is available”
: 她现在身份是B2,是现在交485还是等我485批准后?我的PD是2013/4
b*z
16 楼
我和LD的1000一份,找亲戚办的,办完才告诉我,有比这还黑的吗?
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