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Hypnos

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  1. Thanks
    Hypnos got a reaction from James D in Question about I-864W form   
    The 40 quarters of qualifying employment need to have taken place during the marriage to be able to use an I-864W instead of an I-864. If you're filing for a CR-1, meaning your marriage is under two years old, then this won't be the case.
  2. Like
    Hypnos reacted to Boiler in Valid Green Card not accepted as identification? Please help   
    Take your business elsewhere.
  3. Like
    Hypnos reacted to geowrian in Valid Green Card not accepted as identification? Please help   
    So they won't take the federally recognized ID of a green card. And they won't take the passport in the maiden name + a copy of the marriage certificate (a legal name change document)? Very shady...this is not the norm.
  4. Like
    Hypnos got a reaction from little immigrant in Received 10 yr GC instead of Conditional 2 yr card   
    You cannot keep the 10 year green card. It is a USCIS error, and will come back to bite you in the future should you simply do nothing.
    File an I-90 (no cost due to a USCIS error) and attach the original green card and a written explanation that you have been married for less than two years but received an unconditional 10 year green card in error. They will issue the correct two year conditional green card.
    Do not listen to anyone who says to do nothing and just keep it; no doubt someone will propose that here shortly.
  5. Like
    Hypnos got a reaction from St3phsm07 in General FAQ: Filing for Adjustment of Status   
    Q1: An I-130 has been filed already. I'm now inside the US, can I file for adjustment of status? Q2: I was visiting my boyfriend / girlfriend and we spontaneously decided to get married. Can I stay and adjust status? A: Provided you did not lie to CBP at PoE or on any previous visa applications (for example: saying you were visiting on business when in fact you were coming to visit a girlfriend / boyfriend / spouse) then, generally yes. It usually goes to intent. You cannot enter the US on a nonimmigrant visa with the preconceived intent to remain and adjust status, but if you enter the US and then change your mind, or your circumstances change, then adjustment of status is an option. It should be noted that intent alone cannot be used to deny an application for adjustment of status if it is the sole negative factor (see Matter of Battista). If you have already filed an I-130 and are now filing an I-485 on top of it, enclose a copy of the I-130 NOA with your adjustment of status packet. Note that your I-130 does not have to have been approved before you can submit an I-485, you can submit an I-485 even if the I-130 is still only pending. Q: On the I-485 part 2, what application type should I select? A: If you are filing an I-130 and I-485 concurrently (or you have already filed an I-130 and are now filing an I-485 to go with it) you should select Option A, because if you read through the brackets it says "attach a copy of the approval notice, or a relative...visa petition filed with this application." A "relative visa petition" = I-130. If you are adjusting from a K-1 (or K-2) and married on or before the 90th day indicated on your I-94 then you should select Option C. Q: I'm adjusting from a K-1 and already had a medical performed overseas within the past year. Do I need to have another medical performed by a civil-surgeon and get an I-693 completed? A: You may or may not. See Nich-Nick's excellent post which explains if you need to have another medical performed: http://www.visajourn...port/?p=6206232 Q: I entered on a K-1 and married within 90 days, but haven't yet filed for adjustment of status. My I-94 has expired, can I still file? A: Yes. When your I-94 expired then your period of authorised stay ended and you became illegally present in the US, incurring overstay. A spouse of a US citizen is an immediate relative though, and as such, overstay does not prevent them from adjusting status. You must only have entered the country legally, not necessarily maintained your nonimmigrant status. As soon as USCIS accept your I-485 for processing then your overstay clocks stops (if you filed after your I-94 expired) and you are placed in a new period of authorised stay which will persist until your I-485 is adjudicated, however long that takes. Q: I'm filing an I-765 with or after my I-485. What eligibility category code should I use?
    A: C-9.
    Q: I didn't apply for an EAD or AP with my initial AoS application, can I still do so? Is the fee still waived? A: Yes, you can. Complete an I-765 and / or an I-131 and include a copy of the receipt NOA for your I-485 showing that you have paid the I-485 fee and the EAD and AP fees will be waived. Q: My I-485 is still pending, but my AP and / or EAD are about to expire. Can I renew them? Do I need to pay a fee? A: Yes. You should file for a replacement AP and / or EAD 120 days before your current documents will expire, if your I-485 is still pending. Enclose a copy of your I-485 receipt NOA with your renewal applications and your new documents will be processed without charge. Q: Will I have an adjustment of status interview? A: If you're adjusting from a K-1 (or K-2) then accepted thinking indicates you have around a 50-50 chance of actually having an interview. After a month or two you may receive a "Notice of Potential Interview Waiver" in the mail, telling you that your AoS may not need an interview but will take additional months of processing. This notice is not a guarantee that you won't have an interview. You will either just spontaneously receive your green in the mail a few months later, or receive an interview appointment down the road. If adjusting from any other type of nonimmigrant visa (including B-2, F-1, VWP, J-1, H-1B, O-2, and others) then an interview is mandatory. Q1: My I-485 was approved and I received an email stating card production was ordered, then I received a second identical email. What does this mean? Q2: My I-485 went from post-decision activity backwards into approval. Is something wrong? A: No, both of these are normal and happen all the time. USCIS' approval system seems to generate duplicate notices or reverse notices on a regular basis. It's nothing to worry about. Q: I have further questions not answered here, where should I post them? If adjusting from a K-1 (or K-2) you should post in the "Adjustment of Status From Family-Based Visas" board here: http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/ If adjusting from any other type of nonimmigrant visa you should post in the "Adjustment of Status From Work, Student, and Tourist Visas" board here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/ Q: Thanks for making this FAQ, Hypnos. You're awesome. A: That's not a question. And yes, I am. Thanks to KayDeeCee, Harpa Timsah, Nich-Nick and Kathryn41 for their input and contributions to this FAQ.
  6. Like
    Hypnos got a reaction from Hector2323 in N-400 Dallas, TX Filers (Merged Threads)   
    This thread amends the prior N-400 Dallas filers thread, a popular topic on the N--400 case reports subforum.
  7. Like
    Hypnos reacted to Just Paul in CR1 APPROVED-WAITING FOR CASE NUMBER BUT PETITIONER DIED   
    AOS (I-864) is not done with an I-360 case.
  8. Haha
    Hypnos got a reaction from Ads2865 in Denied due to Public Charge Ineligibility   
    Right, but 76% of all statistics are made up on the spot. 
  9. Haha
    Hypnos got a reaction from Zoeeeeeee in Denied due to Public Charge Ineligibility   
    Right, but 76% of all statistics are made up on the spot. 
  10. Haha
    Hypnos got a reaction from Madison S. in Denied due to Public Charge Ineligibility   
    Right, but 76% of all statistics are made up on the spot. 
  11. Haha
    Hypnos got a reaction from bluebook14 in Denied due to Public Charge Ineligibility   
    Right, but 76% of all statistics are made up on the spot. 
  12. Haha
    Hypnos got a reaction from alebrije in Denied due to Public Charge Ineligibility   
    Right, but 76% of all statistics are made up on the spot. 
  13. Haha
    Hypnos got a reaction from Matrix13 in Denied due to Public Charge Ineligibility   
    Right, but 76% of all statistics are made up on the spot. 
  14. Haha
    Hypnos got a reaction from Carpe Vinum in Denied due to Public Charge Ineligibility   
    Right, but 76% of all statistics are made up on the spot. 
  15. Haha
    Hypnos got a reaction from Kastrs in Denied due to Public Charge Ineligibility   
    Right, but 76% of all statistics are made up on the spot. 
  16. Haha
    Hypnos got a reaction from cbro in Denied due to Public Charge Ineligibility   
    Right, but 76% of all statistics are made up on the spot. 
  17. Haha
    Hypnos got a reaction from nycaribb in Denied due to Public Charge Ineligibility   
    Right, but 76% of all statistics are made up on the spot. 
  18. Haha
    Hypnos got a reaction from SalishSea in Denied due to Public Charge Ineligibility   
    Right, but 76% of all statistics are made up on the spot. 
  19. Thanks
    Hypnos got a reaction from geowrian in Is an SSN required to get married in FL?   
    42 USC § 666(a)(13)(A):
     
    Your move.
     
     
  20. Like
    Hypnos got a reaction from geowrian in Is an SSN required to get married in FL?   
    No US state requires a SSN in order to obtain a marriage license. However if you do have an SSN then you're obligated by federal law to provide that number on your application. 
  21. Thanks
    Hypnos got a reaction from millefleur in Can my spouse apply for citizenship in 3 years if we dont live together?   
    Read https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2 "Involuntary Separation".
     
    You may be able to argue that your still in a bona fide marriage despite being separated most of the time. This would then allow you to file under the three year rule. 
     
    Be sure to provide lots of proof that speaks to the validity of your marriage. 
  22. Like
    Hypnos got a reaction from geowrian in Can my spouse apply for citizenship in 3 years if we dont live together?   
    Read https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2 "Involuntary Separation".
     
    You may be able to argue that your still in a bona fide marriage despite being separated most of the time. This would then allow you to file under the three year rule. 
     
    Be sure to provide lots of proof that speaks to the validity of your marriage. 
  23. Like
    Hypnos got a reaction from NikLR in Can my spouse apply for citizenship in 3 years if we dont live together?   
    Read https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2 "Involuntary Separation".
     
    You may be able to argue that your still in a bona fide marriage despite being separated most of the time. This would then allow you to file under the three year rule. 
     
    Be sure to provide lots of proof that speaks to the validity of your marriage. 
  24. Like
    Hypnos reacted to geowrian in Is it possible to come into the US on an tourist ESTA VISA, get married, and stay?   
    If you are already in the US, you can AOS. If you are outside the US, you cannot come to the US with intent to stay/AOS. I hope that clarifies the above responses.
     
    Be aware that a denied I-485 (AOS application) cannot be appealed and you waived your right to contest removal by virtue of using the VWP to enter the US. So be sure you include all required documents in your filing, and respond to any RFEs/RFIEs within the timeframe provided for them.
  25. Like
    Hypnos got a reaction from Lovemyman in K1 Denied without Denial slip   
    Nigeria is a high-fraud country. This is why it's far more difficult to obtain a US visa from there. 
     
    It's not "unfair" but simply life. You can thank other Nigerian citizens who have committed visa fraud in the past on a large scale and made it very difficult for genuine cases to obtain a visa. 
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