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Raccoon_CA

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Posts posted by Raccoon_CA

  1. Thank you for the replies!

    My biggest concern are these words:

    " Important Cautions:

    Having Advance Parole granted does not mean you are guaranteed permission to re-enter the U.S. -- it just means that you haven't abandoned your Adjustment of Status application."

    Any person that is not a U.S. citizen applying for admission at any port of entry in the U.S. is never guaranteed admission. Even when entering as a U.S. resident, it is never a guarantee that you will be admitted into the country.

  2. Hi guys,

    I'm about to send off my ROC package this Monday (Tuesday at the latest), with a little over a month left until my GC expires in July. Would have sent it off earlier, unfortunately with my cat becoming sick and work issues, it took me a little longer to get everything together.

    Anywho, I posted my check-list a few weeks ago and got the go-ahead my list is acceptable. But I have a few additional questions...

    Question Re: Evidence

    1. I have my Learners Permit but it has my old address on it (different than my spouse's license which has our CURRENT address on it) and I have to go for my full licence but have not been able to yet. Should I include it in my package? A Learner's Permit is not part of the required documentation for an ROC application. Therefore, you would only need it as proof of bona fide, which in this case does not seem to help your case if showing a different address. However, if you took your spouse's name and your new married name is reflected on your Learner's Permit, I would personally include it.

    2. A personal check is okay to send the money, correct? Yes, make sure to address it to "U.S. Department of Homeland Security."

    Questions Re: Form (Sorry if these seem silly/asked already.)

    1. When is it more appropriate to use N/A over None? For example, when it asks about dependent children, I have “none” but it also is technically "not applicable" because I do, in fact, have no children. Either one will make zero difference. However, let's say that you do not have a middle name, then I would encourage you to leave the line blank so that they won't put your middle name as "None."

    2. If there are several lines that are N/A or none, do you have to put N/A or “None” on every line or just on the first line for that section? Just the first line of the section is fine.

    3. For the “place of marriage” do you put the city, state and country? If you were married in the U.S., I would put City / State; if you were married abroad, I would put City / Region (if applicable) / Foreign Country.

    4. Under the section for "Conditional Resident Address" it says “In care of name” and I'm assuming that means my full name, the conditional resident? That's only if you want your mail to be sent at someone else's address. Leave it blank if using your own address.

    5. If you select “no” to your physical address being different than your mailing address, it doesn’t let you put anything in the space, such as N/A or none, so technically it would be left blank, is that acceptable? Yes, leaving it blank is perfectly fine.

    6. At the very end under the "Additional Info" I have to add some previous addresses. Is there a specific format to write these? I just did them in order from most recent to oldest (there are only 2) like so:

    Street Number & Name

    City, State

    ZIP

    After each address, add "From month/year to month/year" to specify the chronology.

    6. For hair colour, do they want your natural hair colour? I dye my hair all the time it’s almost never my natural colour. Put what your other official documents state, such as a Passport, Driver's License or Learner's Permit, so that it is consistent with the other documents you submit.

    7. A huge part of the application is reserved for if you had any representation filling out your application, aka a lawyer, so even if that isn't applicable in our case, do we just leave it all blank but still print out the entire application and include it? You cannot omit pages of the application and still need to submit this portion, even though you leave it all blank. That part is only if someone else's than you filled out the Form (not necessarily an attorney).

    Thanks in advance!!

    Hope this helps! Good luck and hope your kitty gets better.

  3. but I am afraid, if i give documents of good faith marriage, how can i explain why i was divorced. Although I did not file divorce, how does I make put two and two togather.

    The fact that you got divorced does not mean that your marriage was not entered in good faith. What matters is your intent at the time you were married, and to show that you did not create this marital union to gain an immigration benefit. The circumstances that occurred after that won't affect your case.

    You need to file a divorce waiver and I would strongly encourage you to also check the extreme cruelty box. Extreme cruelty is challenging to prove, but it doesn't necessarily means that you need a lawyer or that USCIS won't believe what you have been through, as long as you are honest and truthful about the facts. I would highly recommend that you write a detailed declaration explaining chronologically what happened. If the police was ever called subsequent to a domestic incident with your spouse, try to obtain a copy of the police report. There may be some resources in your state where you can seek free therapy services and obtain a psychological report for no charge depending on your current situation. Other examples of strong evidence would be a restraining order, photos of body scars or bruises due to an assault by your spouse, or threatening text messages or emails from your spouse or his family.

    As for the deadline, you have 90 days prior to expiration of your conditional residence to submit Form I-751, regardless of the waiver you choose. Beyond that, your status as a U.S. resident will be terminated.

    If you fail to meet the above deadline, you still have 2 years from the date your divorce was finalized to file a VAWA petition (Form I-360) and prove extreme cruelty.

    I am really sorry to read about your hardships and hope things will eventually get better. Good luck and be safe.

  4. The fact that you were initially on a B-2 status is now irrelevant: you applied to adjust your status and your non-immigrant intent changed to that of an immigrant intent and your B-2 status then became void. Therefore, you are not considered to have overstayed your B-2 visa. You can use your Advance Parole Document to travel outside of the U.S. while your AOS application is pending.

  5. Will try to break it down for you, hopefully this makes sense:

    >> You are the Main Sponsor and need to submit Form I-864;
    >> Each Joint Sponsor and Household Member has to submit their own Form I-864A.

    >> Your dad is the Joint Sponsor and needs to submit Form I-864A;
    >> Because your dad and your mom file their taxes jointly, your mom is considered a Household Member, and therefore needs to submit her own Form I-864A to sign off on your dad being the joint sponsor;

    >> Any other person listed on your parents' tax return as a dependent is also considered a Household Member and must submit their own Form I-864A.
    >> Any person submitting a Form I-864A must be mentioned in your Form I-864.

    Hope it helps.

  6. Whether you live in Illinois or Georgia will determine what service center will adjudicate your wife's case. The California Service Center processes applications from Illinois, and the Vermont Service Center processes applications from Georgia residents. If your intent is to reside in Georgia on a permanent basis, I would research what needs to be done in order to be considered a resident of that state, wait to be moved there, file an online form AR-11 to register the change of address, and then file Form I-751.

  7. It depends on which J-1 you were on. If there was a 2-Year Home-Country Physical Presence requirement associated to your J-1 status, then you are technically not supposed to re-enter the U.S. for the next two years.

    If you are not subjected to the 2-year requirement, just fill out your ESTA application prior to re-entering as a visitor on your next trip. However, given your previous history in the U.S. as a J-1, they may give you a hard time during inspection.

  8. The only thing that matters is that she was initially admitted into the U.S. as an F-1, which makes her eligible to adjust her status from the United States. As soon as you apply for her green card based on your marriage, the new family-based petition supersedes the OPT status, which is automatically voided. This is because her intent changed to that of an immigrant intent, whereas F-1 / OPT are considered non-immigrant intent. Therefore, the OPT deadlines will have no effect anymore. She will be considered as a "Pending family-based adjustment of status petition" and will be eligible to apply for a Employment Authorization Document concurrently with her main Adjustment of Status application.

    It is preferable to file before she runs our of status so that she comes out as more "responsible" about maintaining lawful status, although she will still be eligible to apply after she ran out of status, as long as she doesn't live the country.

  9. I believe the marriage license online application allows you to change your middle and last names, however, I don't know if it will let you alter your first name. Every immigration form should be filled out with your new name(s) and reflect your married name(s) as mentioned on your marriage license.

    Having different names on your documents won't affect your re-entry to the U.S. Most forms you file with USCIS include a section "Other names used" which will include your maiden name. This means that any former name that you ever used will be stored within the USCIS database along with your fingerprints. When re-entering the U.S. either as a LPR or with an Combo Card (EAD/Advance Parole Document), you will be inspected by a CBP officer and will always have to give your passport with your EAD or LPR Card. By checking your A-number and prints, they will understand that the multiple names showing up on their screen relate to the same person.

    Whether you want to change your name on your passport is up to you, but it won't make any difference as far as your ability to reenter the U.S. with a different last name.

    (I took my spouse's last name when I applied for adjustment of status and traveled in and out of the country many times with my passport showing my former name and LPR card showing my married name. I never had any problem. Please note that the foregoing should not be taken as legal advice.)

  10. Petitioner and Joint Sponsor each file their own Forms I-864. In your scenario, the Petitioner's parent would not file Form I-864A as a household member unless the petitioner was listed as a dependent on that parent's most recent federal tax return. The Household Member's Form I-864A would only apply if the Petitioner's parent was married. The parent's spouse would then need to submit an I-864A to sign off on the joint sponsorship.

    The Joint Sponsor's I-864 packet is part of the main I-485 application.

    As far as the I-131, it would only make sense if the applicant needed to travel while the application is pending or is likely to have an emergency to attend to while the application is pending. As long as USCIS grants it, it is the applicant's right to travel in and out of the country with an approved I-765/I-131, although being granted an advance parole document does not give any guarantee of admission upon entry.

  11. I agree with HFM181818.

    "Self" or "Spouse" won't make a big difference, since technically, your money is also your wife's money.

    Her chances to get a B-2 are on the brighter side. I would include affidavits from your siblings explaining what the "program" will be while your wife will be in the U.S. temporarily, specifying dates and until when she will be staying with them.

  12. Any address prior to your 16th birthday is irrelevant to the adjudication of your application. Therefore, they won't care about where you lived between 1982 to 1998.

    If you want to be transparent about it, print out your completed DS-260, highlight the inaccuracy and point it out at to the officer during your interview.

    The NVC won't give a damn about it, so don't even bother wasting your time with them.

  13. The list below will provide you with the forms that each of them will need to submit concurrently, provided that your brother adjust his status within the U.S. The K-3 process only applies when the foreign national submits a petition from outside of the U.S. (much longer and more tedious than adjusting directly from the U.S.):

    • Your brother's forms:

    I-485

    I-765

    G-325A

    I-693

    I-131 (if your brother wants to get in and out of the country while the family petition is pending)

    • Your brother's fiancée's forms:

    I-130

    I-864

    G-325A

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