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EM_Vandaveer

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Everything posted by EM_Vandaveer

  1. EM_Vandaveer
    Exactly. It means a different thing for tax purposes vs immigration purposes. That makes it confusing.
  2. 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.
  3. EM_Vandaveer
    WoM only forces them to render a decision. If they feel their checks aren't done yet, they can deny.
  4. EM_Vandaveer
    .
  5. 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.
  6. EM_Vandaveer
    This, so much so.
  7. 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.
  8. 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?
  9. 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.
  10. EM_Vandaveer
    I don't see any red flags, unfortunately lots of marriages end in divorce. USCIS is aware of this.
  11. 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.
  12. 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!
  13. 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.
  14. EM_Vandaveer
    Reply YES. If it's sent back, re-send it with a personal check.
  15. EM_Vandaveer
    Nevertheless, it sounds like they denied the expedite request.
  16. EM_Vandaveer
    In 10 years you get to renew your GC, LOL. Until then, give USCIS a rest! Congrats to you!
  17. EM_Vandaveer
    Yes, and unfortunately, it's not moving a month every month or anywhere near that, so you can't just look at the date now, deduct it from the present year and say, I waited x years so far, so that's how many is left......
  18. EM_Vandaveer
    Wait a few more decades, watching the Visa Bulletin, is your next step.
  19. EM_Vandaveer
    A 9-year-old would not receive a ban, actually....
  20. EM_Vandaveer

    ESTA

    EM_Vandaveer replied to Kjohnson's topic in Tourist Visas

    Well, answering factually is important. If he has a conviction, then answer "Yes".....
  21. EM_Vandaveer
    "a couple months before the divorce was finalized in the US, we got married in a small courthouse type marriage in Syria." Like I said on Reddit, obviously an invalid marriage as you were not free to marry....
  22. EM_Vandaveer
    Don't forget to file I-751 in the 90-day period before the 2-year GC expires.
  23. EM_Vandaveer
    I doubt he's exempt from the public charge ground of inadmissibility, therefore no fee waiver is available for the I-485.
  24. EM_Vandaveer
    ~ Moved to Regional Discussion - Middle East and North Africa as it's more likely to be able to receive an answer here ~
  25. EM_Vandaveer
    A mandamus forces a decision, not necessarily an approval. If your case is still stuck in background checks, USCIS may just choose to deny it...
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