Freakindj

On 2/9/2024 at 3:16 PM, nastra30 said:

I agree with@Crazy Catbut I will do it in reverse. Essentially apply online right now to renew greencard. With online filing you should get a receipt usually within a week or less. The receipt will grant automatic 24month extension. The greencard together with the receipt should get you to board a flight with less hustle.

This is exactly what we are doing with her

On 2/10/2024 at 5:32 AM, Boiler said:

How long has she been gone?

She has been in the Philippines for a couple of years now. Her former husband passed away from complications of Covid / Diabetes in 2021

On 2/10/2024 at 5:50 AM, Timona said:

First, you need to confirm if she has a 10 or 2 years GC

Yes she had a 10 year Green Card which expired last Nov.

She was here in the USA for 7 years so it had to be the 10 Permanent Resident Card.

Need some advice and information folks.

Good friend of my wife and myself needs some help. She was married and living in Florida with her husband on a K-1 visa and got her Permanent Resident Green Card. That’s were things turned for the worse.

Even though they both worked at what appeared to be good paying jobs that afforded them extensive travel across the United States. Her and her husband fell on some difficult financial times, and lost the home in Florida. Together they decide to move back to Cebu Philippines and continue working Online.

The Husband ended up passing away from complications of Covid / diabetes in Cebu. Unfortunately, some time after that through neglect, and lack of financial resources she allows her Permanent Resident Green Card to expire as well.

Is there anyway she can file to restore her Permanent Resident Status as the widow of an American Citizen. 

And his is why I ask

Turns out only the 1 website I linked is pimping the idea the immigrant does not have to go abroad to claim their visa, AND the USCIS website clearly states they have to claim their approved visa in their home country.

he's not going to adjust status in the us, so he will put the city and country of origin where he will be going through consular processing.

Try re-reading it once again I don't think your understanding what the author is plainly stating

Actually I really am looking for experienced opinions concerning the use of these waivers. The I-601A looks pretty straight forward in its intended use. But the author of the above procedure looks to be depending on possible loopholes in the system. Loopholes that may or may not depend on the whim of a consular officer

Therefore, beginning in March, illegal immigrants whose only problem is their status in the country at the time they filed their I-130/I-485 package are elligible for expidited, in situe processing of their I-601. The new form allowing this is called an I-601A. The immigrant does not have to leave the country until the waiver is approved -- and then he/she travels to his/her home country, retrieves the I-130/I-601A visa and returns home the next day. No (or minimal) delay!

That's what I read too - then I found this

The first step in the immigration process for everyone is for the U.S. citizen petitioner (sponsor) to mail a visa petition to USCIS on Form I-130. (See the articles on the "Family Sponsors Petitioning for Immigrants" page of Nolo's website for instructions on filling out and submitting Form I-130.)

(The new procedures also allows immediate relatives of U.S. citizens who are self-petitioning under VAWA using Form I-360 to apply for a provisional waiver -- but in most cases, the law allows them to adjust status and get their green card without leaving the U.S., so they don't really need this new procedure.)

If you haven't already submitted that form, be sure to indicate in Question 22 to Form I-130 that the immigrant will apply for an immigrant visa abroad at a U.S. consulate abroad rather than adjusting status in the U.S.). (If the immigrant were allowed to adjust status in the U.S., you wouldn't have to bother with the provisional waiver in the first place.) By filling Question 22 out this way, USCIS will, upon approving the I-130, transfer the file to the National Visa Center (NVC) for further action and transfer to the consulate. If you say on the I-130 that the immigrant will apply for adjustment of status in the U.S., you will have to take extra steps to have the file transferred to the NVC. This includes filing a Form I-824 and paying a filing fee, then waiting many months for action on your request.

Only after your I-130 has been approved can you file your Provisional Waiver Application (on USCIS Form I-601A, available as a free download from the agency's website). You cannot submit the visa petition at the same time as (“concurrently” with) the waiver application.

In addition, you will need to notify the National Visa Center (NVC) of your plans, after paying your immigrant visa processing fee. This is the agency that handles your case after USCIS approves the I-130. Contact it via email at NVCi601a@state.gov.

By doing this, the NVC will make sure to schedule your immigrant visa interview only after USCIS has made a decision on your provisional stateside waiver application. Failing to notify NVC could result in your case being scheduled for interview at a U.S. embassy or consulate abroad before you are ready.

If NVC hsas already scheduled your visa appointment before you have a chance to contact it, you must notify the consulate at which your appointment is scheduled to let it know you’ll be applying for the provisional waiver and to ask that your interview be postponed until you get back in touch to say that USCIS has made a decision on your application.

http://www.nolo.com/legal-encyclopedia/how-apply-provisional-waiver-three-ten-year-time-bar.html

So am I reading that wrong

_{in second place the i601 is the waiver after the interview in their country of origin, he won't be filing the i601 but as the spouse of a USC he will be filing the in country waiver i601A before the interview and after the i130 is approved and the paperwork begins at the NVC stage. he will even get an email from the nvc stating that he is eligible to file for that waiver and if they are interested in pursuing it to let them know}

_{That's not my understanding}

_{There are "New Rules" governing the use of 601 wavers for cases such as this which allow the waver to be granted BEFORE the interview.}

Swam the Rio Grand / walked through the desert for 3 days. Been looking over his shoulder ever since.

Pretty hard to get a marriage license without a driver's license in California too

Well looks like there is a way to adjust status and NOT leave the country after all

. If you say on the I-130 that the immigrant will apply for adjustment of status in the U.S., you will have to take extra steps to have the file transferred to the NVC. This includes filing a Form I-824 and paying a filing fee, then waiting many months for action on your request.

and it looks like an extra $585 for the I-824

Well thanks for your time

I'm not sure if that is the only route as I'm still hearing many say under No circumstances leave the country and they are getting legalized

but thanks

OK, because he entered illegally, he cannot adjust status here in the US. He will eventually have to leave the US and apply for an immigrant visa in Ciudad Juarez.

An attorney in San Jose, Ca. was charged with fraud recently for giving that same advice of leaving the country to gain legal status.

Part of the reason I am here asking

Been quite a few years (10 yrs) since I processed my wife's visa application but that was common advice then. What has changed and what programs are available in this situation.

I looked over the 601 and knew of cases years ago where they were used successfully and it seems filing on the grounds of "Hardship" to the wife a child would be applicable

Was brought in by his parents illegally 14 yrs ago when he was 16.

Never had a Visa nor even a Mexican Passport

As to why he never married - I'd have to ask him. All I know is he lives with the mother and child from conception to this day.

So does anyone have experience in applying a 601 waver in a case like this or are we just surmising on circumstance

I know of some extreme cases where a 601 waver was accepted but I am wondering about this case. The guy is a co-worker who is in America illegally and wants to gain legal status. He has a common law wife and child - both are US Citizens by birth

They meet the income requirements

Neither have drawn any Federal or State Assistance

No arrest record in USA or Mexico

Other then the glaring fact he is in this country illegally although he has never been caught and sited for being in the country illegally, is this some thing that could be waved by a 601

Sorry to see all the troubles you are having. All I can say is don't give up and I apologize for the lack of understanding being demonstrated by the consul in relation to the burden of parenting your children while ungoing the task of interviewing for the visa.

The fact that they asked you to return the very next day does imply to me at least they are looking favorably at your application. Normal procedure often times is AR (Administrative Review) where they tell you to return in a week with additional documentation and often times take several months to make a determination in your case.

Now as far as the age difference, 20 years is not uncommon. Seems to me you submitted enough documentation to establish a bonified relationship and most likely you will not hear any more about it. Sadly enough there is presure being applied from some groups in America on the U.S. Government to apply additional scrutiny on Foreign Women marriages. Most of the political presure comes from groups who by there own statements appear Racialy biased towards those they claim to be protecting. Even of more concern is since when is it the U.S Government's concern "who" and "how old" are the persons we marry as long as they are of the age of consent. In fact there are constitutional and legal rights protecting you and your decisions here in America.

My best advice is treat yourself to a good dinner tonight, grab a Mocha at Star Bucks next to the embassy before you go back in and don't take no for an answer.