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EM_Vandaveer

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Everything posted by EM_Vandaveer

  1. EM_Vandaveer
    As the Hungarian saying goes, facts are stubborn things.
  2. EM_Vandaveer
    Luckily the government is more disconnected than you think. USCIS does NOT have your tax transcripts nor would they ask the IRS for them, hence if they ask for them they ask the applicant...
  3. EM_Vandaveer
    Since it was 3 years ago and you stayed outside the US you should be fine. Of course, there's never a guarantee.
  4. EM_Vandaveer
    don't want to? Not really how this works, there are rules and regulations, arbitrarily "not wanting" to grant an immigration benefit is not really a thing with USCIS
  5. EM_Vandaveer
    I mean obviously the fact that they were sent to secondary where they specifically stated they wouldn't adjust & THEN applied for adjustment, anyway, is a rather relevant point of fact & not applicable to OP's situation AT ALL....
  6. EM_Vandaveer
    It's USCIS' policy NOT to deny an adjustment of an IR of a USC based solely on intent so no need to prove intent. It was decided at POE that he didn't have intent, otherwise he wouldn't have been allowed entry.
  7. EM_Vandaveer
    MFS & put NRA for Non-resident alien where it asks for his SSN. Has to paper file for this reason.
  8. EM_Vandaveer
    He was being serious and the threats are a tactic to draw out dishonest people. You're not dishonest so you're fine. Don't read anything into how he talked to you. It was an act.
  9. EM_Vandaveer
    Yes, it's 100% working, as your nanny.....
  10. EM_Vandaveer
    8 months' overstay is a 3-year ban. But the ban being over doesn't mean a guarantee of getting a visa. Indeed she may never receive another non-immigrant visa with her history.
  11. EM_Vandaveer
    Exactly. It means a different thing for tax purposes vs immigration purposes. That makes it confusing.
  12. EM_Vandaveer
    No, the court can only force a decision. The court doesn't approve or deny. The court issues an order to the DoS to render a decision. The DoS then obeys. The decision can be denial, it's up to DoS.
  13. EM_Vandaveer
    WoM only forces them to render a decision. If they feel their checks aren't done yet, they can deny.
  14. EM_Vandaveer
    .
  15. EM_Vandaveer
    This is routine, I was also told this at my N-400 (not combo) interview. Often they have to get a supervisor to check everything before they can approve.
  16. EM_Vandaveer
    This, so much so.
  17. EM_Vandaveer
    If people illegally in the US weren't "subject to its jurisdiction" then they could commit murder and not be arrested. That's obviously not the case.
  18. EM_Vandaveer
    I don't understand #1. How can an EO overwrite the Constitution? Doesn't the Constitution state whoever is born in the US and is subject to its jurisdiction, is born a US citizen?
  19. EM_Vandaveer
    There's no "starting over", you have to convince either USCIS or immigration court that your original marriage to a USC was bona fide.
  20. EM_Vandaveer
    I don't see any red flags, unfortunately lots of marriages end in divorce. USCIS is aware of this.
  21. EM_Vandaveer
    Your husband ultimately has to prove to Immigration Court that his first marriage wasn't fraudulent and USCIS denied his applications based on his first marriage in error. Without this, the new application based on the 2nd marriage is bound to be denied.
  22. EM_Vandaveer
    There's nothing unusual about this set up, in fact, it's good evidence that she contributes to a joint account which is then used to pay bills! Prove this with documents. Prove it happens every month!
  23. EM_Vandaveer
    USCIS is fine with it if you re-file. There's no deadline on filing an I-485 after K-1/K-2 entry & marriage (although ideally one does it sooner rather than later). While the 90-day period expired, a spouse of a USC can file for AOS even with an overstay.
  24. EM_Vandaveer
    Reply YES. If it's sent back, re-send it with a personal check.
  25. EM_Vandaveer
    Nevertheless, it sounds like they denied the expedite request.
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