US Immigration from Brazil

Hi

I read this WARNING here and am trying to make sense of the i30 process:

"If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US."

https://www.visajourney.com/guides/i130-spouse-inside-usa/

I am a native US citizen, and recently married a foreign national who came here in 2018 on a Tourist visa, then soon thereafter converted that to a F1 student visa, which is valid through September 2023. We met with an immigration lawyer who mentioned nothing about the need to return home abroad.

We have all the evidence and supporting documents and are just about ready to file, but these kinds of warnings are troubling. The fact is, she CAN'T return home abroad without a "permission to travel" - which is ONLY granted once an i30 has been submitted (F1 stduents cannot leave the US if their change of status was obtained in the US. They can only travel freely if their F1 was obtained in their home country) . So, what the heck?

Any advice is greatly appreciated!

Hey community,

I have a tricky situation that I would appreciate some input from you.

I currently live in the US on a J1 visa (I have the J1 waiver already), and have an approved I-140 for an EB2-NIW since August 2022. I was dq'ed by the NVC on October 2022 and am waiting for an interview at the consulate since then (Rio de Janeiro - Brazil).

My new employer wants to file an expedited H1B change of status (from J1 to H1B), and because they are cap exempt, they said that I could start working in around 20 days for the new company. I would have all the H1B paperwork, but wouldn't have a H1B visa stamp until I go to my country and get an actual consulate interview for the H1B. I accepted a job offer with them around November 20th 2022.

My question for you is: Should I go ahead with the H1B process, start working at the new company, and then when the EB2 interview comes I just go and get a green card?

Or is it best to just wait for the EB2 interview without getting a H1B?

Or even, should I just stay with a H1B and not get the EB2 visa at all?

Or doing any of these examples would jeopardize one or the other?

I really don't know what is the best option, but maybe someone has experience with this that could help me?

Thank you!

Hi everyone,
This is my first time posting here, and I have some questions.

I have my N-400 interview next month, and I plan to apply for my mother's green card. From my first GC until my citizenship, I did everything by myself without the help of a lawyer, and everything worked out great.
My mom came to the US one year before me with a P1 visa, but she overstayed.
My question is: Is the process for her AOS the same as if she has come here with a B2 visa? Will USCIS do more questioning why she stayed? Or it doesn t matter?

I m in the US on an F-1 visa and married a US citizen 8 months ago. We got married and live in California. I haven t applied for a green card but want to do so soon.

Unfortunately, on my wedding, the notary that signed our wedding license emotionally coerced me into taking my husband s last name. So that s what I have in my marriage certificate now. However, I never intended to do that I want to keep my maiden name.

Accordingly, I haven t changed my name on my passport or social security card or anything like that. Will there be problems when I apply for adjustment of status? If so, what should I do?

Hi, I received an RFE from my I-485 asking me for my marriage certificate and my I-693. I sent everything through the mail with FEDEX (original with seal marriage certificate and I-693 sealed by the doctor) and it says it was received and signed for on 12/19/2022. But my status online hasn't changed. It still says "Request for Initial Evidence was Sent". I have tried the chat on the USCIS website and they won't confirm that they received my package and keep saying I have to wait 60 days after I sent the response to talk to them again. Has anyone experienced that? I am trying to stay calm and wait the 60 days, but I'm scared and can't think about anything else.

My timeline:

USCIS received I-485 - September 22nd, 2022

Scheduled Biometrics - September 30th, 2022

Biometrics Appointment - October 17th, 2022 (Case status changed to "Being actively reviewed" on this same day)
RFE was sent - December 5th, 2022 (letter available online 2 days after that, then response was received according to FEDEX on December 19th, 2022).

Thank you.