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Hypnos

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  1. Like
    Hypnos got a reaction from Dashinka in Does changing full name in N-400 require a good reason?   
    No reason is necessary. 
  2. Like
    Hypnos reacted to JulienR in L1B Adjustment of Status   
    L1B is originally valid for 3 years with a possibility to renew for another two years.

    2) No problem for your December 2019 trip.
     
    3) I read somewhere that you can request expedite of your EAD if you have a firm job offer but you need to do more research on that to confirm.
     
    4) Generally, your passport has to be valid for 6 months after your date of entry, so no problem for December 2019 but if I were you I would renew it in 2020 in case you want to do another trip. Consulates understand that you have to have a passport valid for at least 6 months when you travel so you can renew it early.
     
    5) I would advise you to file also for AP with your AOS and EAD. It's free and not much paperwork. The reason is, if you change employer after getting your EAD and before your AOS is approved, you won't be under an L1B visa anymore and will need AP to travel outside the US. As long as you are still with your employer on the L1B visa, you don't need to use the AP when you travel.
     
    Lawyers can be good if you have a complicated case, but a waste of money for straight forward cases (which yours seems to be). Just read all the information and instructions available on the USCIS website carefully and in doubt ask your questions here, people are very helpful.
     
    I am actually also following this path. We filed the I-130 petition for an immigrant visa in February and since then I got the opportunity to transfer within my company so I have now applied for an L1-B visa. My interview is on July 17. I will file for AOS once in the US.
  3. Like
    Hypnos reacted to USS_Voyager in Traveling on Green Card   
    Book the ticket in the name in your passport. When entering the US, if asked, present passport, green card and marriage certificate. That should take care of it.
  4. Like
    Hypnos reacted to Mollie09 in 2 years home requirement   
    My friend's J-1 said not subject to HRR when it actually was, so YMMV.
  5. Like
    Hypnos got a reaction from Unidentified in 2 years home requirement   
    You should file for an advisory opinion from the State Department as to whether you are subject to the two-year HRR. 
     
    I believe when they say government funding, they mean US government funding. But I'm not 100% on that. 
     
    An advisory opinion would answer that question, however. 
  6. Like
    Hypnos reacted to Boiler in Green card application denied because of waiver required   
    Basically your problem is not their problem.
  7. Like
    Hypnos reacted to geowrian in Green card application denied because of waiver required   
    1) Believe it.
    2) USCIS knows you are inadmissible without the waiver (or fulfilling the 2 year obligation). How long DOS takes to handle the case is not their concern. They are not responsible for the actions (or inaction) of another department. Their policy is a 30 day window.
     
    On what basis did you file for AOS?
    For example, if it's via marriage a US citizen spouse, then you should be able to refile.  A new EAD and/or AP will be required to work/travel. So long as an NTA is not yet issued, you can send a new packet to regain authorized stay.
  8. Like
    Hypnos got a reaction from usmsbow in 2 years home requirement   
    You should file for an advisory opinion from the State Department as to whether you are subject to the two-year HRR. 
     
    I believe when they say government funding, they mean US government funding. But I'm not 100% on that. 
     
    An advisory opinion would answer that question, however. 
  9. Like
    Hypnos got a reaction from Unidentified in Did my EAD just get approved??(merged)   
    I wouldn't bother with them directly anymore, and would instead contact one of your congressional representatives to try and intercede on your behalf. 
  10. Like
    Hypnos got a reaction from Sellamalola in Applying for citizenship with DUI in new jersey   
    Since it falls outside of the five year (or three year) statutory good conduct period then it's unlikely to be an issue, unless you've had several and it's become a pattern of behaviour.
  11. Like
    Hypnos reacted to little immigrant in Surrendering PR status?   
    Here you go
    https://www.uscis.gov/i-407
  12. Like
    Hypnos got a reaction from little immigrant in Applying for citizenship with DUI in new jersey   
    Since it falls outside of the five year (or three year) statutory good conduct period then it's unlikely to be an issue, unless you've had several and it's become a pattern of behaviour.
  13. Thanks
    Hypnos got a reaction from emma44 in 2 years home requirement   
    You should file for an advisory opinion from the State Department as to whether you are subject to the two-year HRR. 
     
    I believe when they say government funding, they mean US government funding. But I'm not 100% on that. 
     
    An advisory opinion would answer that question, however. 
  14. Like
    Hypnos reacted to Roel in F2b Visa Complicated Situation   
    Yes, you are married.
  15. Like
    Hypnos got a reaction from HRQX in N-400 Form currently Expires 3/31/2019   
    We really need to sticky this.
     
    The form didn't expire; only the form's OMB certification expires, and so that makes no difference. Until a new version is posted, you can continue to use this one since it's listed on the USCIS site.
  16. Like
    Hypnos reacted to Amadia in CR-1 Green card and SSN cancellation   
    No person is giving wrong advice. I even copied details off USCIS website showing what happens after a person signs an Affidavit of Support....you know, that legally binding document for sponsorship and such.
    See Responsibilities of a Sponsor  https://www.uscis.gov/greencard/affidavit-support
     
    We have come across MANY attorneys who are not versed in Immigration law and try giving advice to persons who have retained them only to realize that info given was grossly inaccurate. 
     
    I'll say this: We all have our own idea about how things SHOULD go but it does not always go the way we want it to go. It is unfortunate that the OP is stuck and on the hook for supporting the spouse but divorcing and moving on can give the OP peace of mind.
    One thing that can work in OP's favor is if the spouse tries to fly back to the US and CBP officers at the airport intercept him for random inspection and start questioning him about his visit and where he lives in the US etc. If he gives his spouse's contact # to the CBP officer, they can call and then get OP's side of the story that they have separated and he left the country so he has no US address. Then questions will arise as to why he left etc and they could deem him inadmissible to the US based on his abandoning residency, etc.
     
    If you have Netflix, take a look at the series Border Security - America's Front Line.....VERY interesting stuff!  
  17. Like
    Hypnos reacted to Unlockable in CR-1 Green card and SSN cancellation   
    Yes, there are things that are not true your previous statements. Here are a few...
     
    Decision on what? They will not need to make a decision because a decision is already made. There is no sign of abandonment unless he does so himself.
     
    This is not true. A green card holder can surrender their green card. Here is the official steps..https://www.uscis.gov/i-407.
     Another person (be it spouse or other relative) does not have the legal authority to cancel a person's green card when it has been approved and issued. What they can do is notify immigration of fraud. And fraud requires substantial evidence to back it up to have the green card revoking procedure to begin.
     
    This is correct.
     
    And this is where you went wrong. How do you know this? You claimed we are the ones speculating speculating in one of your replies but here you are speculating. How do you know he will not return next week? How do you know he will not be knocking on OP's door with flowers saying he made a mistake because the whole process intimated him and he was homesick? In two years you, nor any of us, will know where he would be.
     
    Not in this case.
     
    She can call. But they will only tell her the same thing we are saying.
     
    But lastly,
    VisaJourney has a policy where we allow people to post advice and opinions. People know that the advice on here is not legal advice. But that does not mean the members can not give advice. VJ has a strict policy on insinuating or telling others not to post their opinions or advice as long as it is not derogatory or abusive. To say "It is not our place to say" is frankly bordering on limiting the opinions of others. The OP should take the advice on here as they would a stranger on the streets. But if there are no terms of service violations, people can still speak their opinions.
  18. Like
    Hypnos reacted to Unlockable in CR-1 Green card and SSN cancellation   
    Nope. Says so on page 7 of the affidavit.
    https://www.uscis.gov/i-864

     
     
    You really should take note of what you sign. We see this all the time. People are willing to sign these forms in blood to bring their loved one here but when things go sour they are shocked to find out how much they could be responsible for.
     
    To be honest, the best option is to move on. Even with a 2 year GC he can still be a permanent resident. As as someone already mentioned, he may change his mind about living in the US next week or so.
  19. Like
    Hypnos reacted to Crazy Cat in CR-1 Green card and SSN cancellation   
    He is a legal resident until he voluntarily surrenders his status...or an immigration judge orders revocation of status.   The sponsor is legally bound until one of the things on the list occurs. 
  20. Like
    Hypnos reacted to Crazy Cat in CR-1 Green card and SSN cancellation   
    He has a passport with an endorsed CR-1.  He can certainly enter the US via his stamped passport.....He has status......It is HIS status..It's HIS Green Card......She can not legally prevent him from getting it.
    This web site is full of successful I-751 waiver cases.......and we don't know the circumstances.......if he entered the marriage in good faith, he will , very likely, be successful..........it's in his hands.
     
    Which brings me back to the fact that the US spouse is "on the hook"....as of now.
  21. Like
    Hypnos reacted to payxibka in CR-1 Green card and SSN cancellation   
    It's not your responsibility,  it is his.
  22. Like
    Hypnos reacted to geowrian in Wife left US before getting advance parole (merged)   
    Her AOS is automatically abandoned as she departed the US without AP. It may take some time for USCIS to notice, but - assuming they don't make a mistake - the result will be a denied I-485.
    No harm in sending an I-864 withdrawal letter as well, and I would suggest still doing so if you don't want there to be any risk of being on the hook. It shouldn't be needed, but there's always that chance that somebody goofs.
     
    That said, it sounds like her intention was pretty clear when she decided to leave the US without telling you. Homesickness or medical concern aside, that speaks volumes that it was done without clear notice.
  23. Like
    Hypnos reacted to Going through in Wife left US before getting advance parole (merged)   
    I would send the i-864 withdrawal letter anyhow, also mentioning she has already left the country---cuts your ties in a more official way, and costs you no more than a stamp and a trip to the post office.
  24. Like
    Hypnos got a reaction from little immigrant in DV2019 Visa Denied - Appeal options?   
    Any appeal you filed would be unsuccessful, since you were correctly denied and there was no error.
  25. Like
    Hypnos reacted to little immigrant in DV2019 Visa Denied - Appeal options?   
    Will you be able to show that you meet the criteria when you appeal?
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