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ELW Experienced

ELW   5

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Filed: Citizen (apr) Country: India
 Timeline
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It's tricky, because to sponsor you he needs to fulfill certain requirements, I'm not sure if one of them is to be a resident of USA, and if you two have an AOS interview, he will need to come to USA for it. How long since you two have been married? Didn't you file for Adjustment of Status after you married? What is your visa status now? We need more info to advise you correctly. :yes:

***Nagaraju & Eileen***
K1 (Fiance Visa)
Oct 18, 2006: NOA1
Feb 8, 2007: NOA2
April 13, 2007: INTERVIEW in Chennai -Approved
May 25, 2007: USA Arrival! EAD at JFK
June 15, 2007: Married
AOS (Adjustment of Status)
June 21, 2007: AOS/EAD Submitted
Sept 18, 2007: AOS Interview - APPROVED!!
ROC (Removing of Conditions)
June 23, 2009: Sent in I-751 packet
Sept 11, 2009: APPROVED!!
Sept 18, 2009: Received 10-year Green Card!

Naturalization
July 15, 2010: Sent N-400 packet
July 23, 2010: NOA Notice date
Oct 15, 2010: Citizenship Interview - Passed!
Nov 15, 2010: Oath Ceremony in Fresno, CA
Nov 24, 2010: Did SSN and Applied for Passport
Dec 6, 2010: Passport Arrives
Dec 7, 2010: Sent for Indian Passport Surrender Certificate
Dec 27, 2010: Surrender Certificate Arrives
Jan 3, 2011: Sent for Overseas Citizenship of India Card
March 1, 2011: Received OCI card!

Divorce

Feb 2015:​ Found out he was cheating (prostitutes / escorts)

​May 2015: Divorce Final

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memoryinwind Apprentice

memoryinwind   0

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Filed: Other Country: China
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It's tricky, because to sponsor you he needs to fulfill certain requirements, I'm not sure if one of them is to be a resident of USA, and if you two have an AOS interview, he will need to come to USA for it. How long since you two have been married? Didn't you file for Adjustment of Status after you married? What is your visa status now? We need more info to advise you correctly. :yes:

i am on OPT after i graduated this May and I am working in my university (haven't submitted my H1B application yet due to some issue) . He graduated at the same time with me and in Aug, went to Switzerland as postdoctoral researcher. He is earning more than enough to sponsor me but he is residing outside of US right now and we never lived together before. (he used to live w/ parents before he took off to Europe)

we haven't got married yet but are going to do it this coming X'mas. I want to be able to travel pretty soon, like in January due to my dad's illness. Originally I was thinking to get an emergency AP right after our marriage but it seems like that I can't submit my AOS application without sponsorship.

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ELW Experienced

ELW   5

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

Oh - I see now. I'm not really sure about the requirements, I guess not many other people are sure here either, because no one else is answering you! :( Maybe you need to contact an immigration lawyer to ask the questions (did I really say that? because often I notice lawyers royally screwing up with people's cases :angry:). I hope you can get some correct answers, then please report back here, so we will know more for the future!

***Nagaraju & Eileen***
K1 (Fiance Visa)
Oct 18, 2006: NOA1
Feb 8, 2007: NOA2
April 13, 2007: INTERVIEW in Chennai -Approved
May 25, 2007: USA Arrival! EAD at JFK
June 15, 2007: Married
AOS (Adjustment of Status)
June 21, 2007: AOS/EAD Submitted
Sept 18, 2007: AOS Interview - APPROVED!!
ROC (Removing of Conditions)
June 23, 2009: Sent in I-751 packet
Sept 11, 2009: APPROVED!!
Sept 18, 2009: Received 10-year Green Card!

Naturalization
July 15, 2010: Sent N-400 packet
July 23, 2010: NOA Notice date
Oct 15, 2010: Citizenship Interview - Passed!
Nov 15, 2010: Oath Ceremony in Fresno, CA
Nov 24, 2010: Did SSN and Applied for Passport
Dec 6, 2010: Passport Arrives
Dec 7, 2010: Sent for Indian Passport Surrender Certificate
Dec 27, 2010: Surrender Certificate Arrives
Jan 3, 2011: Sent for Overseas Citizenship of India Card
March 1, 2011: Received OCI card!

Divorce

Feb 2015:​ Found out he was cheating (prostitutes / escorts)

​May 2015: Divorce Final

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Singers Enthusiast

Singers   0

Posted
Filed: Other Timeline
Posted

Yes, he can sponsor you. He just has to file the appropriate tax returns or show proof he did not have to file due to working abroad.

This is just a quiet time for the board... We have a couple of tax people on the board.. I'm sure they will come around soon.

Nothing I say is legal advice. I recommend you consult a qualified immigration attorney for any questions you may have.

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memoryinwind Apprentice

memoryinwind   0

Posted
Filed: Other Country: China
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Posted
Yes, he can sponsor you. He just has to file the appropriate tax returns or show proof he did not have to file due to working abroad.

This is just a quiet time for the board... We have a couple of tax people on the board.. I'm sure they will come around soon.

he did tax return for last few year but that amount is not above poverty limit since he was a student at that time. He is paying Swiss tax right now but not US tax since his work in Aug this year.

as for country of domicile, does he count as category B) living abroad temporarily? He plans to work there for 1 year but how to prove this is temporary? he doesn't have property in US. He lived with his parents.

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memoryinwind Apprentice

memoryinwind   0

Posted
Filed: Other Country: China
 Timeline
  • Author
Posted
Oh - I see now. I'm not really sure about the requirements, I guess not many other people are sure here either, because no one else is answering you! :( Maybe you need to contact an immigration lawyer to ask the questions (did I really say that? because often I notice lawyers royally screwing up with people's cases :angry:). I hope you can get some correct answers, then please report back here, so we will know more for the future!

Just asked a lawyer today he said my application will get denied since we are not living together after marriage. :( will try another one tomorrow

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