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Hypnos

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  1. Like
    Hypnos reacted to SalishSea in K1 Denied without Denial slip   
    One short 3 week visit is likely inadequate for Lagos.  Chats and call logs won't cut it - you need more visits.
     
    Best bet is probably to marry and file for a CR-1, after having much more in-person face time.  
  2. Like
    Hypnos got a reaction from lady3jane in Approved I-130 Not Sent to NVC - Assistance Requested   
    When you say you contacted the Ombudsman, did you complete their online form DHS-7001, or just send them an email? You should complete the form if you haven't already: https://cisomb.dhs.gov/oca/form7001.aspx
    You should also contact at least one of your congressional representatives to try and cut through the red tape surrounding the problem.
  3. Like
    Hypnos reacted to milimelo in Outside of the US for 8 years while on a 2 year conditional Green Card   
    None whatsoever. 
  4. Like
    Hypnos got a reaction from Hemutian in I-131 with AOS "Part 7"   
    Re-read the instructions.

    Since you're applying for AP based on a pending AoS then a written explanation of why you need AP is not required.
    You can enter "Unknown" for the dates if you have no concrete trips set.
  5. Like
    Hypnos got a reaction from Hemutian in K1 Denied at POE, However Visa Expires 02/04/2016   
    1) Get your documents re-sealed and PoE elsewhere.
    2) File a formal complaint with the port director of that CBP facility, and maybe even copy your senator or congressperson on it.
    Many poor federal employees believe themselves to be untouchable, and unfortunately a great many of them are. You should absolutely do your part to try and get this one kicked in the pants, though.
  6. Like
    Hypnos got a reaction from mymercy in N-400 Dallas, TX Filers (Merged Threads)   
    Really happy to see Dallas has actually begun to address their shortcomings when it comes to processing times.
     
    I guess all our bitching did have some positive effect.
  7. Like
    Hypnos got a reaction from Unagi in N-400 Dallas, TX Filers (Merged Threads)   
    Really happy to see Dallas has actually begun to address their shortcomings when it comes to processing times.
     
    I guess all our bitching did have some positive effect.
  8. Like
    Hypnos got a reaction from Fischbacher in N-400 Dallas, TX Filers (Merged Threads)   
    Really happy to see Dallas has actually begun to address their shortcomings when it comes to processing times.
     
    I guess all our bitching did have some positive effect.
  9. Like
    Hypnos reacted to geowrian in When does 90 day duration start?   
    "Should be" != "will be". Hopefully they are right, but until CEAC shows "Issued", nothing is final.
     
    The 90 days start from when she clears US immigration on the way in.
  10. Like
    Hypnos got a reaction from NikLR in Complicated History - Lawyer needed? Opinions Please   
    I concur with most of those above. 
     
    She isn't eligible for VAWA benefits anymore due to her marriage to you, and she cannot AoS through you because she entered on a K-1.
     
    An I-130 seeking an immigrant visa, coupled with an I-601A (if necessary) would seem to be the way to go. 
  11. Like
    Hypnos got a reaction from geowrian in Complicated History - Lawyer needed? Opinions Please   
    I concur with most of those above. 
     
    She isn't eligible for VAWA benefits anymore due to her marriage to you, and she cannot AoS through you because she entered on a K-1.
     
    An I-130 seeking an immigrant visa, coupled with an I-601A (if necessary) would seem to be the way to go. 
  12. Like
    Hypnos reacted to Crazy Cat in I-130 was sent to the wrong service center!!   
    USCIS does not honor transfer requests.........they transfer per their own protocol (workload balancing).
  13. Like
    Hypnos reacted to HRQX in Complicated History - Lawyer needed? Opinions Please   
    Consular processing is the viable path. How old is the child? If the child is under 18 then he isn't subject to a time bar right now if he leaves the US. For your wife, you first have to see if she is subject to a time bar when she departs the US: https://www.americanimmigrationcouncil.org/research/three-and-ten-year-bars Tally up all the periods of unlawful presence; https://fam.state.gov/FAM/09FAM/09FAM030211.html:
    If she is subject to a time bar, then you can go the waiver route; either provisional waiver before departing the US or I-601 after visa denial. For provisional waiver submit I-601A and supporting documentation after your I-130 petition is approved: https://www.uscis.gov/i-601a
  14. Like
    Hypnos reacted to geowrian in Complicated History - Lawyer needed? Opinions Please   
    Wait a sec....she came on a K-1 originally? Ouch...you can't file an I-485 for her. That's simply not in the cards...she can only AOS via the original petitioner OR via the I-360. She cannot AOS via a new spouse.
     
    The process would be to file the I-130 then do consular processing abroad for a CR-1 visa.
    That said, if she has 180+ days of unlawful presence, an I-601A (after I-130 approval) would be necessary to waive the bar for unlawful presence.
     
    Edit: Technically, Matter of Sesay lets her AOS via a new spouse so long as thew original petitioner provides an I-864 still....although it is very difficult and likely not in the cards here given that he was her abuser so he has no reason to provide an I-864 now.
  15. Like
    Hypnos got a reaction from AnneA in N-400 Denied (anyone who intends to file the day they become eligible, read this)   
    Thanks for all the well-wishers, once more.
     
    I had my oath earlier today (well, yesterday now) in Dallas. There were 110 people being naturalised from 35 different countries, with the most being 23 from India and 24 from Mexico.
     
    There was a minor issue where I had to scribble out the name of my home town on the "Signed at" location on the N-445 questionnaire, since I had already filled that in before arriving. The MC announced that only Dallas or Irving was acceptable there, but it was a quick fix.
     
    Other than that it was a nice event, with a lot of people there, and friends and family. One of the cops I know from the PD showed up, which was a really nice touch and meant a lot.
     
    So, this chapter of my life is now over. Onto the next...
  16. Like
    Hypnos got a reaction from DaveAndAnastasia in Do K-1 Visa Holders need SSN before getting married?   
    As has been stated, an SSN isn't required in order to obtain a marriage license in any state, but if you already have an SSN then you're required to disclose it. 
  17. Like
    Hypnos got a reaction from Crazy Cat in Do K-1 Visa Holders need SSN before getting married?   
    As has been stated, an SSN isn't required in order to obtain a marriage license in any state, but if you already have an SSN then you're required to disclose it. 
  18. Like
    Hypnos reacted to Crazy Cat in Do K-1 Visa Holders need SSN before getting married?   
    Only people who already have a SSN when applying for a marriage license must provide one.  Otherwise, no foreign national could come to the US to be married?
     
  19. Like
    Hypnos reacted to JFH in Help Where do I start ?   
    No. It’s foolproof evidence that your uterus works. 
     
    My husband and I can’t have children. Are you saying our marriage is less genuine because I had emergency surgery that required the removal of certain reproductive organs? Ridiculous. 
     
    I’d file sooner, rather than later, if I were you. Every minute you don’t file you are accruing unlawful presence. Whilst overstay for spouses of USCs is forgiven, the forgiveness only takes effect once you have the NOA1 for AOS. Up until that point, you are just as illegal - and just as deportable- as the next person. 
  20. 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.
  21. Like
    Hypnos reacted to geowrian in Advanced Parole 2019 and unlawful status   
    Matter of Arrabally would prevent the leaving of the US (with a valid AP document) from incurring a bar due to unlawful presence.
  22. Like
    Hypnos reacted to CJKylie in Selective service registration (merged)   
    Because it’s a generic letter. Mine had the same and my interview was today.
     
    It says “any evidence of selective service registration” - you don’t have any evidence of selective service registration, as you were not within the age range 
  23. Like
    Hypnos reacted to payxibka in New Social Security Card   
    Yes
  24. Like
    Hypnos reacted to azblk in 30/60 Day Rule & questions perhaps regarding forms!   
    There is NO such rule but the USCIS is now claiming that they can deny you for misrepresentation if you do something inconsistent with the terms of your non immigrant status within 90 days of entering the USA.  Court and EOIR precedent is that intent is determined at the border and that immediate family of a US citizen can not be denied AOS solely for that.  I personally think it is being used a scare tactic right now more than an adjudicative tool.
     
    https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3
  25. Like
    Hypnos reacted to Boiler in Filing I-131 Reentry Permit and leaving directly after   
    Delay the process until they are ready.
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