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geowrian last won the day on October 9

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About geowrian

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  • Member # 251538

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  • Immigration Status
    Adjustment of Status (pending)
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    Chicago Lockbox
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    Philadelphia PA
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  1. The K-1 visa is issued with a validity of up to 6 months, but is limited by the validity of the medical. Barring a handful of medical conditions, the medical is valid for 6 months. For example, if you do the medical 1 month before the visa is issued, then you would have 5 months validity left on the visa.
  2. While certainly not ordinary, the SSA was correct in this case to deny a new card. You must have at least 14 days of legal status remaining (or an EAD or green card) in order for them to issue a card. After 76 days of entry on a K-1, this is no longer possible. Don't confuse this with being in the US illegally, though...you still have authorized stay once you file for AOS. Getting the SSA to issue a card in your married name before having an EAD or green card is a challenge in itself, but possible (took my wife 3 tries and printing ~20 p[ages of their policy manual...). But getting them to issue it with less than 14 days of legal status (and no EAD or green card) is the proper decision under current policy. You just have to wait it out... As for your current name, you are permitted to take a name change in accordance with your state's laws regarding marriage. The marriage certificate is a legal name change document. So you can sign documents in thew new ("married") name already. You just can't get certain government documents issued in that name yet, and some types of services that require an SSN (health insurance does not!!!) may require some prodding if they check the name/number against the SSA (i.e. the DMV does this in my state so my wife needed to update the name with SSA first). You can complete the AOS forms in your desired name so long as the name change is permitted due to marriage (i.e. no changing a first name). Once you have the EAD or green card, you can go to the SSA and have them issue a new card in the name stated on the EAD/green card.
  3. The current administration has no impact here, and the determination of preconceived intent at POE remains the same as it has for years and years. USCIS adjudicates AOS applications, which don't involve obtaining a visa.
  4. Right...it doesn't grant a legal status. It does grant an authorized stay from removal. See AFM 40.9 covering who is legally present in the US and not accruing unlawful presence: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF You don't need to maintain a legal status until AOS is approved - only until you properly file AOS. See the USCIS policy manual: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html You only need legal status as of the time of filing the AOS application. Secondly, the bar to adjustment does not apply to immediate relatives of a USC. Also see Chapter 4 of the USCIS policy manual, under INA 245(c)(2) and INA 245(c)(8): https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter4.html "For purposes of the bars to adjustment, a nonimmigrant only needs to maintain his or her nonimmigrant status until the time he or she properly files an adjustment application with USCIS so long as the nonimmigrant does not engage in any unauthorized employment after filing the adjustment application. [43] An applicant does not violate the terms of his or her nonimmigrant status merely by filing an application to adjust status as long as the application was properly filed when the applicant was in lawful nonimmigrant status. [44] " Nope...it's the same. The differences being 1) an LPR must wait until the PD is current to be eligible to file for AOS (no concurrent filing), and 2) a relative must be in status at the time of filing. Once properly filed, you are granted authorized stay just like anybody else. Correct - no legal status. But that is not the same as being in the US illegally.
  5. https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage " Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence. "
  6. That's a partial view of the issue. If you file for AOS within the 90 days of legal status, you won't have any overstay since you have authorized stay while the case is pending (i.e. no unlawful presence is accrued). If you file after the 90 days, then there is a period of overstay/unlawful presence (and you can't use an ESTA ever again).
  7. I don't support it except in very limited circumstances either, but it is permitted. AOS will likely take the better part of a year or longer...there's very little chance it will be approved before your legal status expires. However, once you file for AOS, you are granted authorized stay while your case is pending. You cannot work or travel abroad until you either get the green card or an EAD/AP (so file the I-765 and I-131 with the I-485!). No.
  8. Yes, your fiance can file the I-129F while you are in the US. It won't cause your status in the US to change. It does create a higher bar on future entries for showing that you will return home, but even that's possible. Second, you said B1/B2 and 3 months...? Or did you mean via an ESTA (since that has a 90 day maximum duration of stay)? Well, 6-7 months is pretty optimistic right now. It's closer to 7-9 months on average since the I-129F alone is taking 5+ months. That, and because the K-3 is obsolete. It would be a CR-1 instead.
  9. He will file an I-130 and I-130A for you so you can apply for a CR-1 visa. He will file an I-130 for his stepchild so the child can apply for a CR-2 visa.
  10. info about the process of k1 visa

    TBD is fine if you don't have an answer yet. Or you can put your mother's place if that's the only possibility until you find something more concrete. You're not locked into whatever location you put inty he I-129F. Not directly, but if her income and/or assets are insufficient for the I-134 (and I-864 later), she will need to find a joint sponsor. No, it's not an issue to apply for the DV lottery too.
  11. Some cases can be waived, but not your circumstances even if you had been married 30 years already. From USCIS directly: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter5.html
  12. CR-2 is the visa for a son or daughter under 21 (including stepchildren). The I-130 is the petition for a relative (i.e. spouse or son/daughter under 21). Once approved, an immigrant visa can be applied for (i.e. a CR-1 or CR-2). The I-130A is a required document when filing an I-130 for a spouse.
  13. SSN question

    Nope. An SSN remains for life, and if the card has the correct info then there's no need to replace it. After getting a green card, she can go to the SSA to get an "unrestricted" card (one that doesn't reference the need for DHS authorization).