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How Long Will It Take to Get a Receipt of Notice

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  • 01-10-2010, 03:37 PM
    Dogmatique
    Re: How Long Will It Take to Get a Receipt of Notice
    Quote:

    Quoting yanstep
    View Post
    They will press hard on the fact that you got married a month after entering to the US and you will have to to do a very good job convincing them that you didn't came to the states with the intention of immigrating through marriage.
    in order for them to reject your application they have to prove a foul play
    but as long as your marriage is real you should be OK.


    it will be a good idea to talk to an immigration lawyer and to have him look into your case just to be on the safe side.

    let me know how things develop.


    This is incorrect. Immigration does NOT need to prove foul play - in what is essentially a very rare phenomena in the US, the burden of proof is actually on the petitioner to show that the reentry and subsequent marriage were done without the intent to defraud.

    I do agree that OP should speak with an immigration attorney ASAP.
  • 01-13-2010, 08:37 AM
    realcool
    Re: How Long Will It Take to Get a Receipt of Notice
    Quote:

    Quoting Dogmatique
    View Post
    This is incorrect. Immigration does NOT need to prove foul play - in what is essentially a very rare phenomena in the US, the burden of proof is actually on the petitioner to show that the reentry and subsequent marriage were done without the intent to defraud.

    I do agree that OP should speak with an immigration attorney ASAP.

    @Dogmatique are you an attorney,we have never been marriage before now. but she has a child,and we have already filled the application sorry.we have gotten the receipt already so i do not think our they will reject the application.
  • 01-14-2010, 03:52 PM
    realcool
    Re: How Long Will It Take to Get a Receipt of Notice
    Biometrics appointment for 01/21/2010 so after that yanstep what next,get all the reply so fast,hope its a good news.for those that want update on the case i will keep updating.
  • 01-14-2010, 03:59 PM
    Dogmatique
    Re: How Long Will It Take to Get a Receipt of Notice
    Quote:

    Quoting realcool
    View Post
    @Dogmatique are you an attorney,we have never been marriage before now. but she has a child,and we have already filled the application sorry.we have gotten the receipt already so i do not think our they will reject the application.


    (Nope, not an attorney - but I'm a legal permanent resident and went through the whole thing some years ago ;) )


    First, the receipt notice does not mean your application won't be denied; that decision will not be made yet (it will generally be made the same day you are interviewed although there are exceptions to this).

    But please confirm - you were NOT married when you entered using the Visa Waiver, and then got married a month later, correct? I know I keep asking but the actual answer may make a difference.

    If you can answer that I'd be happy to go into a few more details about just why your application may appear suspicious, ok? :)
  • 01-14-2010, 04:31 PM
    realcool
    Re: How Long Will It Take to Get a Receipt of Notice
    two week from day of biometric,
  • 01-14-2010, 06:43 PM
    realcool
    Re: How Long Will It Take to Get a Receipt of Notice
    Quote:

    Quoting Dogmatique
    View Post
    (Nope, not an attorney - but I'm a legal permanent resident and went through the whole thing some years ago ;) )


    First, the receipt notice does not mean your application won't be denied; that decision will not be made yet (it will generally be made the same day you are interviewed although there are exceptions to this).

    But please confirm - you were NOT married when you entered using the Visa Waiver, and then got married a month later, correct? I know I keep asking but the actual answer may make a difference.

    If you can answer that I'd be happy to go into a few more details about just why your application may appear suspicious, ok? :)


    @Dogmatique,
    i didnt enter wit visa waiver.is that OK now.do you have other question,how long after biometric will i get the EAD.
  • 01-14-2010, 07:04 PM
    Dogmatique
    Re: How Long Will It Take to Get a Receipt of Notice
    I apologize, I misread.

    You entered using a B tourist visa, correct? And got married a month after you entered?
  • 01-15-2010, 01:55 PM
    realcool
    Re: How Long Will It Take to Get a Receipt of Notice
    Quote:

    Quoting Dogmatique
    View Post
    I apologize, I misread.

    You entered using a B tourist visa, correct? And got married a month after you entered?


    @Dogmatique for the last time i entered with a tourist visa.
    back to my question how long after biometric did you get your EAD:wallbang:
  • 01-15-2010, 02:15 PM
    Dogmatique
    Re: How Long Will It Take to Get a Receipt of Notice
    Quote:

    Quoting realcool
    View Post
    @Dogmatique for the last time i entered with a tourist visa.
    back to my question how long after biometric did you get your EAD:wallbang:

    ?!

    Despite your rudeness - there is more than ONE method of entering the US legally as a tourist, and I was trying to ascertain WHICH way you did it - I'll try to explain something to you.

    You came into the US as a tourist - when you obtained this visa, you effectively promised that you do NOT intend to become a resident at that time.

    Please read this:

    Quote:

    The 30/60 Day Rule: The Department of State has an unwritten 30/60 day rule to help consular officers determine if someone has committed visa fraud. Even though this rule was developed by the Department of State, it is also used by USCIS when they are adjudicating applications within the United States. Foreign nationals coming to the US on tourist visa are subject to this 30/60 day rule.

    This 30/60 day rule makes it risky to apply for change of status or marriage based adjustment of status within 60 days of arriving in the US and very dangerous within 30 days of arriving. People who commit visa fraud can become permanently ineligible to enter the US or receive immigration benefits. This is why it is extremely important to know about this rule and to understand how it works before you get married and apply for adjustment of status.


    (from http://www.articlesnatch.com/Article...t-Visa-/624670 )


    To answer your question, in my case I received EAD within about two weeks, but this will obviously vary by region.
  • 01-16-2010, 11:30 PM
    yanstep
    Re: How Long Will It Take to Get a Receipt of Notice
    congrats on the biometrics appointment. it takes about two weeks for the EAD to come in the mail. after that go apply for SSC and DL.
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