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Villanelle

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Villanelle last won the day on February 4 2013

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About Villanelle

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  1. No I dont know anything about PI tax laws. I dont need to. I have no idea what her tax responsibilities are there and I dont care (so to speak)- neither does the US government. The Philippines are not mandated to comply with US laws but your friend is as a LPR. The US requires her to file US tax returns. Most likely for her to use the foreign income exclusion (which would eliminate her owing any US tax) she needs to show she paid tax on the money to another government. So she may need PI tax returns. What I mean by this is if a person can not understand it doesnt change the requirements nor does it excuse them from not following it properly. If you do not know how to read and drive through a stop sign because you didnt know you still get in trouble. If you can read but you dont know enough English to understand the definition of stop so you dont stop you still get in trouble. The instructions were designed so that people could understand them with out legal assistance. Some parts they did a good job with and are very easy to understand. Other parts are not. Thats where a forum like this is helpful. Just because many people do not file renewals because they intend to leave does not negate the requirement to file the renewal. , “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him . . .. Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor...https://www.uscis.gov/green-card/after-we-grant-your-green-card/replace-your-green-card Personally I dont think its a good idea to present the argument- If I was going to abandon my status I wouldve committed a misdemeanor so obviously I intended to stay because I renewed it. And I think you are missing my point. I understand what you are asking and why and honestly I am trying to help you by giving you potential issues that may come up. The questions and scenarios I presented are all reasonable. As @cyclone27 explained the US government in general does not consider long term maintenance to be something that is out of your control. The exact specifics matter. The more she can show of how she maintained her US residency the better. Has the father passed? Is that why she is seeking to return to the US? Or were they able to come up with alternative arrangements for his care? If so she would benefit from showing not only that it took 5 yrs but the hows and whys. It can be helpful to bounce your situation off others who are challenging it to figure out where you may have issues. Many issues can be overcome if you present alternate evidence. You will not be prepared to show alternate evidence if you dont even acknowledge there are issues. If you just posted here for encouraging words, well then I wish you well. Yes, many people get approved with difficult circumstances. Usually its because they were prepared and not just good fortune. Random good fortune also happens so if thats what you are counting on, again I wish you the best.
  2. I am so sorry you guys are still waiting on the visa! I remember reading your story a long time ago, I was hoping it was resolved by now. In the future remember it is not necessary to respond to nasty comments. Just hit the report button on the post and let the mods deal with it. It is ironic though for someone to post they have concerns about it possibly being a tough interview and then when a response is detailing a tough interview they dismiss it as not being applicable? And then to ask you a question and complain you answered it with a lengthy response? Leave it for the mods to deal with...
  3. Maybe you are not the best person to be helping her? Can she afford an attny? Out of curiosity- what kind of lawyer did you ask about the tax issue? Im almost positive it was not an immigration attny. Perhaps you should speak to one. Many do give free consults, but Im not sure if they would assist you in assisting her- they would most likely insist on dealing with her directly... And I understand your point that some of the wording on the forms used by immigration are not easily understood by the average joe. But a persons understanding of the forms and instructions DO NOT MATTER. They are designed to be used by people with no legal assistance however some people still struggle and need assistance. As Boiler has explained to you several times when immigration refers to tax returns they are referring to US tax returns, because US the US only has authority over US tax returns. As a US resident you must file US tax returns regardless of where you live. It doesnt matter if where you live does not require you to file. If you are a US resident you must file US tax returns. To qualify for the returning resident visa you must show you are still behaving like a resident which includes filing US tax returns. She may need the assistance of a CPA/tax professional to back file her taxes/ Usually unless you earned a lot of money (100k or more) you do not owe any taxes due to using foreign income exclusions. Generally in tax law you can not be 'double taxed' so if she was taxed in the PI the US wont tax her again on it. Her strongest tie to the US seems to be her daughter. Is the ex bf the father? Also how did she originally come to the US? On what visa type? I was assuming it was a marriage based one but now I am not sure since you used the term ex bf. How long was she in the US before she left? Again I would encourage her to speak with an attny because based on what was posted so far its a very weak case. They would be able to help her create the strongest case possible. But here are the aspects that jump out at me and if I was the Officer would cause me concern: 1. Tax returns 2. Has she been providing support to her child? Even if the child is with the father she is still responsible for supporting her child. Even if the father/guardian of the child can afford to take care of the child 100% she is still suppose to be supporting her child from a moral standpoint. You want to show you have good moral character. They need to believe you when you say I didnt intend on staying out of the US for this long. If she hasnt been financially contributing to the child is there any paperwork about why that is so? Emails or texts between the parents discussing such, conversations about her being unsure of when she will return. Or was the child over 18 when she left? 3.What are all the options she thought of and why werent they available? It seems she has been gone for about 5 years now. Also the wording you used bothers me when you said 'lifetime illness'. Theres a difference between a terminal illness and a lifetime illness. A terminal illness means you are going to die from it- usually with in a short period of time. Lifetime illness implies you have a condition that will last the rest of your natural life. It can be more understandable for someone to stay if its a terminal illness. For something like cancer or a organ failure type situation the Drs will advise the family its a terminal illness and say they have a short time left. If she stayed because of that and miraculously the person lives for another 5 years then one could attempt to argue it was out of their control. But if it was a lifetime illness and you decided to stay and assist them for the rest of their life then that was a decision you made. How old was the sick father? Perhaps if he was 80 or 90+ she could argue he wasnt expected to live much longer. But if he was younger- 50 60 then agreeing to care for him reasonably means 10+ years. Does the Drs letter state the father needs round the clock care? That he would benefit from being around family? Often the Drs letters say something like the patient is terminal and the family needs to be present as their time is limited... 4. Her round trip ticket is meaningless/ In fact often round trip tickets cost less then one way! And she was required to renew her GC. Even if she was intending on leaving- the law states you must have a valid unexpired GC so you have to renew it. GCs expire every 10 years, or she could have had the 2yr card based on marriage and if so she didnt renew it- she filed for ROC which is required.
  4. Nothing unusual about having a prenup or paying his legal fees as you explained it. You do not need to be divorced for VAWA. They will want your divorce decree if you are divorced though so its good that you sent it. Bring a copy of it to the interview just in case it didnt make it into your file. The 'card being produced' message means your 360 was approved! CONGRATS! Now you just have to wait for the 485 to be scheduled for interview at the local office. VSC will send your case to NBC and NBC to local office. You may get a courtesy letter about the transfer, you may not. You may also get a notice to update your medical at some point. At the 485 interview they are not suppose to ask about the abuse. VSC approved your 360 so its been decided already that you qualify as a victim of abuse. The 485 interview is usually very quick where they just review the 485 application and confirm stuff. They just need to make sure you are eligible to adjust status.
  5. It is very difficult for users here to give input because you gave very few details - and the ones you gave do not make sense. A W2 is a tax form you get at the end of each from your employer. It shows how much you earned and you use it to fill out your tax return (1040). So you dont technically file a W2, you file a tax return. It seems she has a W2 from 2015 that she never filed a tax return with. So she has at least 1 tax return she failed to file. Also as a LPR you are required to file US tax returns for any income you earn any where in the world. Has she been earning income since 2015 anywhere? If so she probably has multiple years of tax returns she failed to file... In order to qualify as the returning resident visa- you need to show you didnt abandon your residency which includes being current with taxes. Try to think of it more like how it is when someone first immigrates, they come with nothing, (no home, no car, no job, no belongings etc) vs someone coming back from an extended vacation- they come back to their car, house, personal belongings. You want to show you didnt abandon everything in the US. So where is all her stuff she left in the US? In storage? Does she have an apartment shes been renting where stuff has just been sitting? If she left with the intentions of returning then she would have stuff here still. Often immigration views staying out of the US to care for a family member as something that is under your control. Its a hard decision for someone to have to make but it is ultimately a decision they make. People have been approved for the returning resident visa though when they were out of the US caring for a family member. It is going to depend on the specifics of the situation- and every situation is different. It is not going to be helpful to compare her case to someone elses since you can not change her facts to match someone elses who was approved... She needs to fill it out and see what happens. In general if she has no case it will be denied. If she fills out the application and they look at it and are not sure then in the interview they will gather additional information and make a decision. Its the same way all visa interviews are. Some people feel the Officers already make decisions before they talk to you so it doesnt matter what you bring or say. Other times its clear based on the interview what the person said in it and the docs they brought with them directly helped their approval. In general she shouldnt expect having a chance to 'explain herself' beyond what was written on the application. So she will want to submit a strong application.
  6. Divorce is civil. I didnt mean to confuse you- I was just trying to say that in courts in general (civil or criminal) anything alleged in it doesnt count. Its only what the final determination is. Does that make sense? USCIS is going to look at the final decree. If it doesnt mention anything about abuse (on either side) that is fine. Its only a problem if it says abuse (on your side towards him). They also do not care much about the specifics of the finances and property distribution. Of course if its something crazy like you will pay him 1 million dollars or buy him a Mercedes they may question if you are 'paying him off' (marriage fraud) But a standard divorce where assets are split reasonably (and you pay his legal fees) is not anything out of the ordinary. When I divorced my first husband I ended up agreeing to a settlement for similar reasons. I just wanted it to be over. Money didnt matter when compared to the stress of having to interact with him.
  7. The only thing that matters is what is in the final decree. Theres also no point in attempting to seal the final decree because USCIS will want the final decree- sealed or not... In the US court system there is a general policy of 'innocent until proven guilty'. Now divorces are not criminal matters, but its the same theory. Any accusations in divorce proceedings are just accusations. The only thing that matters is the final divorce decree declarations.
  8. https://www.e-verify.gov/mye-verify You can do a 'self check' on e-verify. Let us know what results you get.
  9. Do you have a specific question for Sandra? Nothing will (directly) happen when you get your greencard. The greencard just means you are a permanent resident. For VAWA cases where its spousal abuse they like to see the victim has moved on (divorced) from the abuser- although divorce is not required. They want you to be safe! Because this is your son he may not ever be 100% out of your life. You should find a therapist if you dont already have one and discuss with them ways to separate yourself from your abusive son. It can be very hard but you need to take care of yourself first! You cant help him until you are stable. A local therapist can help you figure out what you need to do to secure housing under your name, the bills, bank accounts etc. You may also benefit from a social worker. The therapist may be able to refer you to one or you can contact your local DV hotline or call 211 and ask for social worker assistance.
  10. Do you live in IL? Every jurisdiction has specific requirements. In general you need police clearance letters from any place you lived 6 months or more the last 3 years. So is this only one place? You can start by going to your local police dept. If the Officer there says they are unable to help ask to speak with the Chief. At the end of this post I am going to cut/paste a sample letter an advocate would use to help you get a police letter. You can also look into state criminal records but they usually require a photo ID. You should document your attempts to get police clearance. Names, dates, times, rejection notices if possible. If you can not get a police clearance done you should submit a letter explaining this listing all your attempts and any supporting evidence of your attempts. You will get an RFE for the police clearance. You may be able to take the RFE to the local Chief and they may do it based on that. If they still wont do it, and you are unable to get it from anywhere the last resort is to send good moral declarations from as many people as you can. Employers, teachers clergy, social workers, medical providers. This is not the ideal way though and you must show that you were unable to get the police letter. Work on getting your passport renewed and/or some type of photo ID. RFEs will take a while to be issued and when it is you get 87 days to respond. You may be able to get your ID and police clearance to respond to the RFE in time. You can also post your specific location in the VAWA thread and perhaps someone there has direct knowledge for that area. Letter to local police department requesting clearance _____________________________________________________________ To Whom It May Concern: The bearer of this letter is a “self-petitioner” under the Violence Against Women Act (VAWA). This law is an immigrant provision, which passed as part of a crime bill in 1994. VAWA allows abused undocumented women to file for legal permanent residence status without the help of their abusive husbands. In order to petition, the self-petitioner needs to gather evidentiary documentation of her “good moral character.” The law requires that she obtain a letter of clearance from the police department in each city where she resided for at least six months in the last three years. Because VAWA self-petitioners are undocumented in the U.S., however, they do not have traditional forms of photo identification. Some have identification from their countries of origin, but others have no photo identification at all. Unfortunately, the only way for them to obtain those identification documents is by petitioning for legal status under VAWA and submitting a letter of clearance from their local police departments. I recognize that writing a clearance letter without traditional photo identification might not be part of your standard protocol. This is a challenge being met by legal enforcement agencies and other groups around the country right now as they grow increasingly aware of VAWA and its requirements. Some police departments have responded to this issue by including a disclaimer directly in the letter that the individual was unable to show photo identification. Others have included a sentence stating that: “This letter is to be used for passport, immigration, or adoption purposes only.” This client does not yet have an immigration number. She needs the police clearance letter in order to file her application and be issued a number. VAWA also requires that the clearance letter be included in the application rather than sent directly to U.S. Citizenship and Immigration Services as with many other immigration processes. VAWA applications are processed at a separate center in Vermont, and petitioners are required to include police clearance letters in their applications. If there are any problems, feel free to contact me to speak on the petitioner’s behalf. Thank you for your time. Sincerely,
  11. You can also research the specifics on Medi-Cal through its website and general CA policies. I really dont have time to search for the specifics, but I know Medi-Cal has been discussed in length on VJ before. CA is a very immigrant friendly state- they have many programs available to LPRs using state funds. They have also made public statements that they do not presently attempt to recoup from sponsors nor that they ever plan to. For convenience purposes they have one Medicaid program. People that qualify for federal funds have federal funds paying for it, those that dont have the state funds paying for it- its the same program though. Again this can be found searching CA Medicaid directly or even in news articles discussing it. If you have specific concerns I would suggest applying for it and when you do you are given a case worker. They could give you direct information about the benefits you will receive.
  12. I dont understand what you mean by this... Did you send an AOS packet? If so, when and did you get a NOA for it? Seems like maybe you sent the marriage license- every jurisdiction does marriage stuff differently. Some places give a license and then when you marry it gets signed and submitted and you later get a marriage certificate. Other places fill out the info on the license transforming it into a certificate. When USCIS gets your package at the mail room they are suppose to make sure you have everything needed. Because processing times can be long they started a new policy of rejecting any packages that are missing key paperwork like the 864 or marriage certificate. This is so people can not 'hold a place in line' by filing incomplete and sending whats needed later. Once the mail room clears your package it generates the NOAs and then it goes and sits until someone gets to it. So do you have a case number for filing or were you given a case number for an inquiry about telling them to not reject it?
  13. There is no public charge determination at ROC, nor at naturalization. Public charge determination is only done when you first get the greencard. So its not a matter of public charge but rather if its considered a federal means-tested benefit- because if it is your sponsor may be asked to pay it back. As posted the Medi-Cal program is funded by the state and is allowed to be used by LPRs <5yrs with no consequences to the sponsor.
  14. No. The marriage certificate is considered required evidence so if you don't submit it they can reject your package. You are just going to have to wait until you have a copy of it. It is not that big of a deal. Do not send her home unless you want to start the CR process from scratch and have it take a year or more for her to come back!!! You can try to reach out to someone else in your local government about this- I understand the pandemic is causing disruptions but most government offices have been able to remain operational. Voice your complaints to them if you are so inclined. Once her 90 day k is up she is technically out of status but so what? She is not going to be placed on a list for ICE to pick up and in the rare situation where she is confronted by ICE they will just give her a chance to provide her NOA since you are married. Since you married in the 90 days just follow the guides to apply for AOS. there are people that marry on the k and then wait a year or more to file AOS usually due to financial circumstances.
  15. Well hang in there. The general process is you file and it sits waiting to be looked at. When they do look at it they will send an RFE if they need more evidence. If you get one you can post it here for advice on how to best respond. After you respond they can either approve it with no interview or schedule you for an interview. A percentage of cases are interviewed for quality control so if you get an interview it's not an automatic sign there's a problem. You can bring additional proof to interview as well. Often times if paperwork is lacking they can ask questions in the interview and be able to approve you based on that. If you are denied in the interview you don't automatically lose your GC. You are sent to court. So basically you have many many chances to make your case for bonafide marriage. You should've asked for your documents as part of the divorce but that ship has passed. You can still try to send a letter to his commander and see if that helps but in all honesty it sounds like it was an abusive situation and if you are fortunate enough to have cut all contact with him you may not want to restart interacting with him. Especially if you don't have an urgent need for the documents! Keep in mind you will need a stamp or the expire card +noa to renew your DL, and if you end up needing to get a stamp and have to show the i90 to get it you will need 2-3 months for this. So don't wait until the last minute. Hopefully you are approved for ROC with no issues before then. Please come back and update us as needed and don't hesitate to post additional questions if you need to.
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