Mocha iced2000

Does anyone have any knowledge or experience with my situation? My
husband was given a C-1 Visa to travel to Egypt from a Latin-American
Country, but decided to stay. We met each other about a few months
later after his Visa expired. We decided to get married about a year
and a half later.

At our INS interview, the officer said flat out that he was going to
deny the AOS. I got very emotional and started crying and then he
said, "okay" that he will approve the marriage petition because he
wasn't in doubt that we had a bonefide marriage, but that my husband
violated US law by not leaving the country within the time allowed.
He put our case in the pending status because he said that his
security clearance is still not complete. He later said that he has
the discretion to approve the AOS. Is there any hope for us?

Please help--any advise can be e-mailed to [email protected].
Thank you

Noorah101

I don't understand this. Is your husband a citizen of a Latin-American country? He got a visa to travel to Egypt, and then decided to stay in Egypt? You met each other in Egypt and decided to get married 18 months later in Egypt? So are you both now in Egypt? I am guessing you're a USC.

This statement makes is sound like you're both in the USA. AOS is processed in the USA, after arrival on a non-immigrant visa. Are you both in the USA? How did your husband enter the USA?

OK, well this sounds like it (AOS?) will get approved after all.

This happens quite often. Security checks are not always finished by the time of the AOS interview.

This is true.

Yes, if the security checks come back clear and the officer approves the AOS, your husband will receive his green card.

We will be posting replys in public, not to your email.

Please clear up the details about the traveling between Latin-America, Egypt, and USA.

Thanks,
Rene

Noorah101

I see that C-1 is a transit visa. So he came from Latin America, got a C-1 transit visa to pass through Egypt (on his way to where?), but decided to stay in Egypt instead?

I still don't understand how your husband came to the USA.

Rene

scrubbedexpat099

He was on his way to Egypt through the US and never left the US.

Not unheard of...

I did not realise that the Officer had discretion, I always understood that you could not adjust from this visa.

Keep your fingers crossed is my only advise.

Noorah101

Ohhhh OK, I get it now. He was using the C-1 visa through the USA on his way to Egypt. Sorry I didn't get the story straight.

I agree, all you can do is wait to see what the Office says/does once the security checks are finished.

Rene

Elvira

Might it not be a good idea to have that *one-time-consultation* with an attorney* though?

* attorney - as in competent, experienced, proper attorney, not someone who just 'practices immigration law'... - see www.ailalawyer.org

meauxna

What he says ^^^^
I thought C-1 absolutely could not adjust--even says so on the form, doesn't it?

hcj1440

My understanding as well.

I wonder if they could do an in-country waiver.

-Hunter

<[email protected]> wrote in message
news:[email protected] oups.com...
| Does anyone have any knowledge or experience with my situation? My
| husband was given a C-1 Visa to travel to Egypt from a Latin-American
| Country, but decided to stay. We met each other about a few months
| later after his Visa expired. We decided to get married about a year
| and a half later.
|
| At our INS interview, the officer said flat out that he was going to
| deny the AOS. I got very emotional and started crying and then he
| said, "okay" that he will approve the marriage petition because he
| wasn't in doubt that we had a bonefide marriage, but that my husband
| violated US law by not leaving the country within the time allowed.
| He put our case in the pending status because he said that his
| security clearance is still not complete. He later said that he has
| the discretion to approve the AOS. Is there any hope for us?
|
| Please help--any advise can be e-mailed to [email protected].
| Thank you
|

C1s cannot AOS by law and the officer was wrong in saying he has discretion
to override it.
C1s are allowed just maximum of 29 days to travel in transit through the US.
What gets me is why this officer did not get in touch with the enforcement
side of DHS.
This is evidently one of the casualties of the former INS being separated
into different agencies of benefits and enforcement and they don't
communicate well with each other.

Clearly he is already in an unlawful and deportable status in the US and
depending on the number of days he has overstayed he may be banned for a
long time once he leaves the US.

Bob

aye, C and D transit visa's are about the only one's that expressly forbid AOS even based on marriage as far as I'm aware.

Elvira

I'm thinking that the OP either misunderstood the adjudicating officer, or the officer was trying to diffuse a difficult situation, with the wife crying, by saying something vague about "pending status". I suspect they will eventually get a denial letter through the mail.

So is there no hope for this guy to adjust status via some other route?

Bob

through another route sure, but he'll need to leave first to get a visa to come in on first....and what with being out of status for how ever long it's been, could face the ban or not.

Mocha iced2000

We are both still in the US. By the way, the officer said that he
approved our marriage, but this doesn't mean much I suppose, does
this? PLEASE HELP.

By the way, I heard that a person can adjust provided that they are
an immediate relative of a US Citizen and they were not an member of a
crewship of an airline.

It's just a matter of the officer's ability to determine that my
husband was not intending to stays. Is this true, does anyone know
of this?

Noorah101

I merged your new thread with the ongoing thread of the same topic. You're actually asking the same questions, which you've gotten answers to. It seems that a person on C-1 visa is not allowed to adjust status to permanent resident. Perhaps the Officer is double checking on this fact. You are right, just because the Officer approves the marriage, believes the marriage to be real, does not mean your husband will be allowed to adjust status. What you hear about other cases might not apply in your case, so best not to count on others' experiences. I believe at this point all you can do is wait to see what the Officer says about your case, and go from there. If you want professional advice, you might want to have a 1-time consultation with an immigration attorney to ask these types of questions...he can give you a better answer than we laymen can. Personally, after 4 years on this forum, I have not seen anyone trying to adjust status from a C-1 visa...so no one here has your exact scenario experience. The best we can do is give our ideas, but the only one who knows what the outcome will be is the Officer who interviewed you.

Just wait to see what he says. If he says OK, then great...your husband will get his green card. If he says NO (which seems more likely, given it was a C-1 visa he was adjusting from), then you will have some options at that time to consider.

Best Wishes,
Rene

Mocha_iced2000

We are still in the US--my husband was not a crewman or a member of
any type of airline fleet. He was was given this type of Visa due to
that fact that he had to change planes. He had hotel reservations in
US and his flight was scheduled to leave the US the next day for
Eygpt, so he did have a Visa to leave the airport. Instead of
continuing his trip, he just never got on the plane. He was inspected
and paroled once he arrived in the US. Does this make a difference?
The Imm officer said that he approved our marriage, but that he still
needs to wait for the security clearance to be completed.Please Help!
Thanks.