Case: I-130/I-485
Applicant/Beneficiary – British
Location: Miami, FL

Our client entered the United States in August 2012 from the United Kingdom under the visa waiver program. He came here to visit Miami, FL. As a Visa Waiver Entrant, he was only authorized to remain in the United States for only 90 days.

Later, in December 2012, past the 90 day period, our client married his U.S. Citizen wife in the United States. Our client contacted our office, and he retained our office on January 8, 2013.

One main issue in his green card application through marriage was the fact that he came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability, it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on March 27, 2013.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time.  Prior to the interview, we thoroughly prepared our clients over conference call.

On October 28, 2013, our client was interviewed at the Miami, Florida USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved his green card application on November 8, 2013.

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CASE: I-129F Fiancée Petition and Fiancée Visa

PETITIONER: US Citizen in Gainesville, FL

BENEFICIARY: Filipina

PETITION FILED: March 20, 2013

PETITION APPROVED: July 25, 2013

VISA APPROVED: September 24, 2013

Our client, a US Citizen Petitioner, met his Filipina fiancée online. They developed a relationship and he eventually went to Taiwan to meet her in December 2012. He proposed to her on that visit. Months after his proposal, he retained our firm to file a fiancée petition and get her a fiancé visa.

After retention, we gave our clients a list of supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on February 12, 2013. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on March 20, 2013.

On July 25, 2013, the I-129F fiancée petition was approved. On September 5, 2013, the beneficiary appeared at the American Institute in Taiwan for her fiancé visa interview.  The interview went well, and her fiancé (K-1) visa was approved on September 24, 2013. She will come to the United States and will marry her fiancé within 90 days of her entry.

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CASE: I-129F Fiancée Petition and Fiancée Visa
PETITIONER: US Citizen in Gainesville, FL
BENEFICIARY: Filipina
PETITION FILED: March 20, 2013
PETITION APPROVED: July 25, 2013

Our client, a US Citizen Petitioner, met his Filipina fiancée who was living in Taiwan online. Their relationship grew and he met her in person in Taiwan in December 2012. During his visit, he proposed to her. Months after his proposal, he retained our firm to file a fiancée petition.

After retention, we informed our client of the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on February 12, 2013. We helped him and his fiancée draft letters in support of the fiancé petition, gathered supporting documents, and we filed the petition on March 20, 2013.

On July 25, 2013, the I-129F Fiancée petition was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipino
LOCATION: Orlando, Florida

Our client came to the United States in December 2008 with an E-1 visa from the Philippines. She married a U.S. Citizen in November 2010 and retained our office in late January of 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application (I-485) on February 23, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients. On June 22, 2011, our client was interviewed at the Jacksonville, Florida USCIS office.  On the same day, her green card application was approved, and our client obtained her green card.

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CASE: Adjustment of Status

CLIENT: Filipino

LOCATION: Florida

POTENTIAL ISSUES PRE-RETENTION: Immigrant Intent

Our firm was consulted on June 8, 2010. Our client got married to a U.S. Citizen on December 6, 2009, returned to the Philippines, then came back here as a tourist. They originally met in the Philippines when her husband was stationed there for a few years due to work. When our client last came to the U.S. as a tourist, despite being married to a U.S. Citizen, at that point they intended to actually go back to the Philippines because her US Citizen husband’s employer may start another term and contract with their client in the Philippines. Even the alien beneficiary, who has been working for a Philippine employer, was in the States on a leave of absence, and was not terminated yet by her company. There clearly was no immigrant intent, though an officer may suspect that there was due to her entry as a tourist, application for adjustment of status months later, and her marriage to a U.S. Citizen prior to her most recent entry. Our firm filed the Petition and Adjustment of Status Application on July 9, 2010. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There was no Request for Evidence. On September 28, 2010, we prepared our clients for the interview for over an hour, specifically addressing the fact that she had no immigrant intent on her entry, and highlighting their evidence in support of the lack of immigrant intent through factors such as her return ticket, leave of absence, husband’s employer’s contract with a Philippine company etc. On October 6, 2010, our client was interviewed in Jacksonville, Florida. That same day, the officer told them that he was granting the petition and the green card application.

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If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

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