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msmontader

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Posts posted by msmontader

  1. No not from USCIS. You contact your congressman directly, so google who your congressman is based on your address, and call their office to make an appointment. You and your spouse should be there if you're doing marriage based AOS. They will contact uscis on your behalf with the information you give them.

    And thanks! :)

    After I got approved for the I-130 in may 2014 and then I got approved for the waiver of my J1 Visa ( I-612). I filed my Green Card papers in March and the USCIS received my package in March 11 2016. I did my biometric in April 29 and Received my Employment card in June 19. Since I did not receive anything about an interview appointment. I did by the way move from SoCal to north cal in August and i did change my address using the form AR 11. I got a receipt from USCIS to my new address confirming that my address is successfully changed.

    Am i out of the waiting time and should I contact my congressman's office ? or what should I do ? I think it has been quite a time.

  2. Ok so my story is a little long but this is the timeline

    Came as a j1 exchange student in june 2011

    Applied for asylum in augest 2011

    Got married in january 2014

    Applied for i-130 in february 2014

    Denied asylum and was refered to court in march 2014

    Got i-130 aprroced around may 2014

    Applied for waiver throught uscis under the fear of persecusion.

    In june 2015 usic asked for non advisory opinion from DOS and i applied my papers trough there.

    Since then untill now the status says that ( request for sponsor views) and i don't know how much longer i need to wait to get it done.

    Is there anyone that has similar situation to this?

  3. Hello All,

    In March 2015 my J-1 waiver (I-612) application was received by USCIS. My waiver application is based on exceptional hardship to my US Citizen spouse. From all the forums I had read online, I got the impression that it was best to file my case with the USCIS first and let them determine exceptional hardship. If and when USCIS makes favorable recommendation, then I could go ahead and file DS-3035 with the DOS. However , more recently my case status on USCIS says the following " USCIS has requested a non-USCIS advisory opinion on your case and is awaiting response. Your case is on hold until then."

    I have no idea what this means? Does this mean that the case has been sent to the DOS? Should I now file with DOS? But I don't know what the USCIS recommendation is ...Please if you know anything, help me clarify.

    I Had a similar case to yours.

    This means that you need to file your DS application through the DOS. ITs an online application that you can do.

    best of luck

  4. A lot of USAID and Fulbright funding recipients have been denied. Also one can be denied if DOS medical review division determines that medical condition of the USC can be well taken care of in the J-1 visa holder’s native country. However, you have competed the biggest hurdle of your life; getting USCIS determine you have a hardship case. I would say, if you do not have any of the above issues there is 99% chance of approval at this point.

    I am not a full bright student but i came in an exchange program from iraq and this program was funded by the U.S Department of state ECA/EC

    USCIS forward my papers to DOS and DOS sent sponsor views on NOV 16th 2015. Is there any chance that the U.S department of state will send a favorable recommendation on my behalf ? or there is no chance ?

  5. Congratulations !!. I have mostly the same exact case as yours. but my time line a little longer than mine.

    I applied for both persecution and external hardship to US citizen

    submitted application 612 to USCIS 07/03/2014

    USCIS requested additional information 01/12/2015

    Information sent to USCIS 01/22/2015

    USCIS requested non advisory form 06/05/2015

    Last forms of 3035 was received by the DOS was 06/25/2015

    Still waiting on the recommendation

  6. So my story is a little different from what i have seen in this site . I came to the US in 2011 as an exchange student ( j1 visa ) and the program was only 6 weeks. Before the time ends i left the program and applied for asylum because of the situation i had in my country ( iraq) that prevented me from going back . It passed 3 years and i was still pending. After that i got married to a US citizen in 2014 january and in march 2014 i got denied from the asylum office . So i went to court and the lawyer terminate the case because i applied for petition I-130 and the judge terminate my case and told me to continue the procedure through marriage. I got approved for the i-130 but now my issue is the waiver. The program is funded by US government so i dont know if " No Objection " will work. Also applying as " fear of persecuting " is still valid with all the bad things happening in iraq but its really hard and risky and if they deny my asylum then why not waiver ! . So what should i do ? I'm really lost .

  7. (Not assuming you are the foreigner. You earlier stated YOU are in removal proceedings. US Citizens are NEVER in removal proceedings.)

    If you are the foreigner, that is wrong. The question asks for the names of the spouse and children of your alien relative. If you are the foreign spouse, then your US Citizen spouse's name goes there along with ALL (if any) of YOUR children no matter how old they are or where they are living. You might be surprised at how many folks get that wrong. It's probably the most common error. If you answered this one wrong. It's time to re-think what I might have meant by "Read carefully, interpret literally and answer accurately." Is it possible you not only did not CAREFULLY read the I-130 instructions but didn't read them at all? Has your attorney advised you that section six on page two of those instructions does NOT apply to you?

    If you are the foreign spouse, your first mistake was to think this is YOUR form. It is not. It is the US Citizen's petition in your behalf. The US Citizen's information goes on the left side of the first page, not yours.

    Your second mistake was to think you need a visa (You are posting in a forum about spouse immigrant visas.) Yes, filing the I-130 is part of any spouse immigration process, but visas are used to enter countries. You are already here. You need to study and follow the adjustment of status process. Hopefully, you also have a qualified immigration attorney advising you, as your situation definitely requires one.

    ok . me and my wife are filling it together because she needs info from me and sometimes she asks me to google questions thats why i asked here .

    i already posted in the place for my situation and no one replied , i had no choice but to start putting my case in others cases just to get an answer because my case is really urgent . Yes i do have attorney but not for this form because he want to charge me more and i already paid him everything i have . I know i do mistakes like everybody does and i CAREFULLY read all the instructions for the I-130 but i didn't get some of the questions . if my questions bothering you guys i understand . Thanks for all who help me and you guys have a great day .

  8. 1. Yes

    2. Since your address is not abroad, no need to write address. Put your name in native alphabet on the G325a where asked too.

    3. That's a legal matter, and the question is in present tense, so put the correct answer for the day the petition is mailed.

    So, what name did you list first in 17 at the top of page 2?

    Thank you very much this was very helpful . I'm filing my form today wish me good luck .

    I list in question 17 my name ( spouse )

  9. Of course, but which I-130 questions. It's full of them. Here's a couple pointers. Read carefully, interpret literally and answer accurately. Study first the I-130 instructions, then the form. After you've done that, if you're certain what name goes on the first line of the second page of the form, let us know what that is and we'll give you a check on how you're doing with the first pointer above.

    We're here to help you with things that are still not clear after you've studied the instructions.

    i have read all the instructors and i just have 3 questions .

    1. question 16 about the removal proceeding .. i'm under removal proceeding .. i put yes and put where and when .. should i include my hearing paper in the file ? .

    2. Question 20 . i have to write my name in my native alphapet and they need address also in my native alphapet . but what address ? since i live with my wife currently in the states .

    3.i'm not sure in question 16 if i should choose removal proceeding or deportation . i have a court on may 16 ( thats why i need to file ASAP so i can get my receipt before court so i can show it to the judge to hold on my case ).

  10. For a CR1 visa case, both the petitioner and beneficiary check the "other" box and then can type I-130 spouse. No need for a long explanation. The beneficiary is definitely NOT applying for permanent residency. The purpose is the same for both the petitioner and beneficiary. When adjusting status, both check "status as permanent resident" but not for a visa process.

    However, what you do in this case is not really critical. USCIS knows the answer because the I-130 is in the package. No worries, either way but correct is still correct. :idea:

    Thank you very much . i think i will just write other and put I-130 because i'm doing the I-130 .

    Do you guys know about the I-130 Questions ?

  11. You can if you like, I don't see a problem. I did it that way and had no issues, my husband is the usc and is the petitioner. Our's was approved.

    "This form is submitted in connection with an application for:" -Status as Permanent Resident

    My husbands G-325 form is connected with the form for my petition regarding the Permanent Resident.

    ok well if you got approved then its totally fine and i really thank you for your help .

    do you know about the I-130 i have some questions about it

  12. The samples here on VJ and on some other sites say to check OTHER and write very neatly on the petitioner's G-325A: "In support of SPOUSE'S/FATHER'S/ETC. I-130" or "In support of NAME NAME's I-130.

    For the beneficiary, they are supposed to check STATUS AS PERMANENT RESIDENT.

    http://www.***removed***/forms/g-325a-biographic-information.html

    Good luck! Be meticulous!

    Thank you very much this is very helpful ! .

    Now i feel like i'm done with these 2 applications and still have some trouble with I-130 . not a lot but just 2 questions .

  13. No it won't affect her application at all. You do need to put there truth though, you never lie to immigration. I was able to fix through my husband and it didn't affect my case. And msmontader are you trying to get your permanent resident? Cause then that will be the option.

    .

    Yes sir i do want to adjust status first and then apply for green card . So i will put status as permanent resident .. And my wife has to write @ in support of spouse's I-130 " ? Is that correct ?

  14. Hello guys

    ok i came to the states as a J-1 Visa and then i applied for asylum in 2011 . i got married on january 2014 and then i got denied on my asylum case on march . i have a court on may 16 and my wife is filling the I-130 for me , She is a USC . My questions are :

    Q21
    Q22
    from the I-130 i really got confused.
    Q20 . WHat address should i put in my native alphabet, I know i will put my name but what address do they mean ?

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