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Juliak

My date is current in the table "dates for filing family-sponsored visa applications"

By Juliak in Adjustment of Status from Work, Student, & Tourist Visas

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Hypnos Grand Master

Hypnos   6,579

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Your father may jeopardise his green card if he continues to use it as a tourist visa.

It goes without saying that if his LPR status is revoked by an immigration judge, or he voluntarily relinquishes it, you would no longer have any basis upon which to receive your own green card.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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newacct
newacct

Each month, USCIS chooses whether to use the "final action date" or "date for filing" from the State Department's visa bulletin as the cutoff date to determine whether you can file AOS. Neither of Sta

Hypnos
Hypnos

It doesn't sound as if your father is actually a permanent resident of the US.

Juliak Explorer

Juliak   3

Posted
Filed: AOS (pnd) Country: Poland
 Timeline
  • Author
Posted

I know, that's why he's coming in October for a longer time, for at least 6 months. My sister applied for a green card for him mainly because of me, so that he will apply for me instead of she applying for me and waiting 13 years

F-1 visa/status, F2A category - child under 21 yrs old of permanent resident

AOS (i485, i131, i765) package received October 7th 2016

Biometrics appointment November 22nd but did walk-in November 16th

service request December 21st (75th day) - answer case within current processing time

January 6th service request online (91st day)

got answer on January 12th that my case is on hold because they sent me RFIE on November 3rd and I haven't answered yet...I never got any letter, no updates on website, when I was calling them no one told me that they are waiting for answer for RFIE, they kept saying my case is under review

january 26th USCIS received my answer for RFIE

March 10th EAD/AP approved 

March 17th combo card mailed

March 22nd combo card received 

Boiler Grand Master

Boiler   47,446

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

LPRs file taxes on their world wide income.

Seems you have more significant issues.

LPRs file taxes on their world wide income.

Seems you have more significant issues.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Juliak Explorer

Juliak   3

Posted
Filed: AOS (pnd) Country: Poland
 Timeline
  • Author
Posted

I can't file documents and send AOS without my dad's filling taxes?

F-1 visa/status, F2A category - child under 21 yrs old of permanent resident

AOS (i485, i131, i765) package received October 7th 2016

Biometrics appointment November 22nd but did walk-in November 16th

service request December 21st (75th day) - answer case within current processing time

January 6th service request online (91st day)

got answer on January 12th that my case is on hold because they sent me RFIE on November 3rd and I haven't answered yet...I never got any letter, no updates on website, when I was calling them no one told me that they are waiting for answer for RFIE, they kept saying my case is under review

january 26th USCIS received my answer for RFIE

March 10th EAD/AP approved 

March 17th combo card mailed

March 22nd combo card received 

Juliak Explorer

Juliak   3

Posted
Filed: AOS (pnd) Country: Poland
 Timeline
  • Author
Posted

And also my partents don't have money and my sister's husband will be a joint sponsor, does it mean my dad has to fill I-864 anyways?

Oh and my dad filled taxes in Poland, does it count?

F-1 visa/status, F2A category - child under 21 yrs old of permanent resident

AOS (i485, i131, i765) package received October 7th 2016

Biometrics appointment November 22nd but did walk-in November 16th

service request December 21st (75th day) - answer case within current processing time

January 6th service request online (91st day)

got answer on January 12th that my case is on hold because they sent me RFIE on November 3rd and I haven't answered yet...I never got any letter, no updates on website, when I was calling them no one told me that they are waiting for answer for RFIE, they kept saying my case is under review

january 26th USCIS received my answer for RFIE

March 10th EAD/AP approved 

March 17th combo card mailed

March 22nd combo card received 

kzielu Experienced

kzielu   1,154

Posted
Filed: Citizen (apr) Country: Poland
 Timeline
Posted

And also my partents don't have money and my sister's husband will be a joint sponsor, does it mean my dad has to fill I-864 anyways?

Oh and my dad filled taxes in Poland, does it count?

Yes and yes. He has to file taxes and he has to file I-864. Retirement _is_ an income. Interesting piece will be how is going to answer if he had health insurance during filing taxes - if he didn't, will have to pay.

Hypnos Grand Master

Hypnos   6,579

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

It doesn't sound as if your father is actually a permanent resident of the US.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Juliak Explorer

Juliak   3

Posted
Filed: AOS (pnd) Country: Poland
 Timeline
  • Author
Posted

Why?

F-1 visa/status, F2A category - child under 21 yrs old of permanent resident

AOS (i485, i131, i765) package received October 7th 2016

Biometrics appointment November 22nd but did walk-in November 16th

service request December 21st (75th day) - answer case within current processing time

January 6th service request online (91st day)

got answer on January 12th that my case is on hold because they sent me RFIE on November 3rd and I haven't answered yet...I never got any letter, no updates on website, when I was calling them no one told me that they are waiting for answer for RFIE, they kept saying my case is under review

january 26th USCIS received my answer for RFIE

March 10th EAD/AP approved 

March 17th combo card mailed

March 22nd combo card received 

Juliak Explorer

Juliak   3

Posted
Filed: AOS (pnd) Country: Poland
 Timeline
  • Author
Posted

He just got his green card in September so he filled taxes in Poland for the previous year, next time will fill them here.

Isn't it like you should be at least 6 months each year in the US to not loose the green card?

F-1 visa/status, F2A category - child under 21 yrs old of permanent resident

AOS (i485, i131, i765) package received October 7th 2016

Biometrics appointment November 22nd but did walk-in November 16th

service request December 21st (75th day) - answer case within current processing time

January 6th service request online (91st day)

got answer on January 12th that my case is on hold because they sent me RFIE on November 3rd and I haven't answered yet...I never got any letter, no updates on website, when I was calling them no one told me that they are waiting for answer for RFIE, they kept saying my case is under review

january 26th USCIS received my answer for RFIE

March 10th EAD/AP approved 

March 17th combo card mailed

March 22nd combo card received 

Boiler Grand Master

Boiler   47,446

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

No

You live in the US.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

kzielu Experienced

kzielu   1,154

Posted
Filed: Citizen (apr) Country: Poland
 Timeline
Posted

He just got his green card in September so he filled taxes in Poland for the previous year, next time will fill them here.

Isn't it like you should be at least 6 months each year in the US to not loose the green card?

Wrong, he should file his taxes in both places. As Boiler said, you have to live in US. Time inside is just one of the factors. If you are not intending on getting green card for family unification (and in your case it looks to be completely opposite - since your father lives in Poland), you're dangerously close to fraud.

Hypnos Grand Master

Hypnos   6,579

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Under these circumstances he may have difficulty in proving a US domicile for his I-864. If he is not able to do that, you wouldn't be able to receive a visa.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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