CC90
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Posts posted by CC90
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The issue is that you've essentially had an immigrant petition filed for you (despite the K-1's nonimmigrant designation). You will want to update your ESTA with that fact, and it may invalidate it.
If your trip is just for leisure, it's not worth it. Signapore to the US is a long trip. You have the rest of your lives to spend summers together.
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It doesn't matter which one you do, but look at the US Embassy's page for your country on how to make it legal in the US before coming over if you decide to do it there. Your fiancé will have to be present.
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Well, his parents ARE in the US aren't they? Why wouldn't he answer "yes" on the form?
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The approval notice will be the actual card. If you sign up for email alerts, you'll get the email/text message when it is approved. She's in LPR status at that time.
She's in lawful status while the I-485 is processing, but if for any reason it is denied (even for something simple that you could refile for), you won't be able to refile if she drops the I-20 and isn't in F-1 anymore.
The EAD and AP take 2-3 months; sometimes people even get the green card first. Even when you get these, it still isn't fully safe to drop the I-20. I also wouldn't plan to leave the country until it's done.
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Good to hear you were able to stop it. In your case, it's really not 100% safe until the card is mailed to you.
There's a fair chance you may have it by then with some of the recent timelines. Thanksgiving might throw it off though.
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She is no longer in lawful status and cannot apply for AOS. She will have to leave and receive an immigrant visa from a consulate. 245k relief only applies to employment-based adjustments, and unlawful presence/employment is only disregarded for US citizen petitioners otherwise.
Why you voluntarily terminated the I-20 before she received a green card is beyond my comprehension. If you didn't do so, she would be able to adjust.
The I-485A does not apply to you--read the instructions.
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It's the Korean laws that prevent large outbound sums like the ones you describe. Suffice to say I just know.
On the US side, depending on the amount and when it occurred, you may have US tax obligations. If it was over $10K, it was already reported to the IRS. Talk to a tax expert on this.
There's nothing you can do to "hide" the transfer. If it's in her account without your name, I'm not sure what you're worried about. Just explain the truth and you'll be fine. They have responsibility over immigration laws, not taxes.
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If it is listed "Request for Initial Evidence", then you should assume everything will be paused. Typically, lack of an I-94 photocopy does trigger a "Request for Initial Evidence", and _might_ hold everything up.
It's impossible to be able to tell you how long; you just should submit everything as soon as possible.
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US immigration is very complicated and sometimes funny. The case you site is an example but unfortunately yours is different. You are on F-1 status is different from HB1. Like I said your are best advised to talk a lawyer. Infopass the immigration officer will just tell you what appears on the screen.
Yes, it was an example, but I also know personally people that have adjusted from an LPR spouse.
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From my understanding a spouse and a child of a permanent resident cannot adjust status in the states. That is why the letter says your approval had been sent to the national visa center. I am pretty sure about that but you can talk to a lawyer who offers free consultation
When the number becomes current and the beneficiary is otherwise in legal status, it's possible.
H1-B visa holders adjust all the time based on employment green cards, too. It's not just for IRs of USCs.
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You are not eligible for adjustment because your wife is a permanent resident. when she becomes a citizen, you can adjust your status here. Beneficiaries of GC holders are only eligible to adjust their status in their home countries or countries of residence. This has nothing to do with your F-1 status.
This is currently not true. He can file an I-485 because a visa number is available for spouses of permanent residents (F2A).
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Would you recommend filing everything even though USCIS said I wasn't eligible for AOS?
Harpa is correct on this. Very rarely do these messages mean what they say. They are boilerplate and match a programmed workflow. A human does not type them each time.
If the office is close and you would feel more comfortable, you can do infopass. However, based on the info you provided, you can send in the I-485 and start.
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Correct me if I'm wrong but your wife is not an USC, so you are not still eligible for adjust!
You're wrong.
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There might not be a mistake for them to fix. Hopefully you just file the I-485 with the approval notice.
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Then the note on the notice might be backdated to when you weren't eligible.
You probably can just submit the I-485, but check with infopass just in case so you don't risk losing close to $1,000.
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This may have been the issue, as you should've filed concurrently. F2As are current so you can file both at the same time.
You might just be able to submit the I-485, but I'd check with infopass first.
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But you did file an I-485 right?
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If it is an error, I would certainly hope so, because errors are tough for them to fix. If the office is close enough, I'd try stopping by and saying it's urgent; 20 days is a long time to wait.
You did file an I-485 right?
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I didn't intend to imply that you should give more info, because that would require a lengthy life story with a lot of personal information.
If you were in status, I'm not sure why they don't think you're eligible. It could be an error or due to another detail that you may or may not know.
If it were me, I would first want to see the exact I-130 and I-485 you filed. There might be something there that would explain it.
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First, don't even try to call the USCIS line; there's no information that will help you.
You should be eligible for adjustment _IF_ you were in status the entire time. USCIS might think you've been out of status; I'm not sure why based on the information you gave.
Your best best is Infopass I suppose, or talking to a lawyer. You didn't provide enough information for anyone to render a full opinion.
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Every single AOS case is discretionary, per the INA. Even if you meet all of the requirements, BCIS can deny it for any reason and require you to get an immigrant visa.
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Nobody can tell you for sure, but it's unlikely you'll need your passport for the interview, as long as you have some other ID, like a driver's license.
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Because there is no quota for IR1 categories, he's unlikely to get the B2. So, no, it would not be advisable--but you can try at the risk of $160.
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Yes, you're correct, but I'm really not sure there would be any consequences if you didn't.
You'd be looking for a CBP deferred inspection point.
Please, advise on RFE
in Removing Conditions on Residency General Discussion
Posted · Edited by CC90
Have him pull it and submit a copy.
annualcreditreport.com
The credit report won't really prove anything though.