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About HappyAndIKnowIt

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    K-1 Visa
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    California Service Center
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    Columbus OH
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  1. Some are interested to know how this plays out, since FDNS became involved.
  2. I can't seem to edit my previous post, so I will add a new one. I just checked online case status and the I-539 filed in March 2019 requesting extension for 6 months was been issued an RFE as of today. This was the case transferred last month. Strange puzzle. Any thoughts ?
  3. According to my wife, the attorney refused to prepare a third Form I-539 extension request, saying that it would be a waste of money and that no other attorney would do it either. I guess even attorneys have limits, at least this one seems to. One year of overstay occurs in a couple weeks. I think this is now 10-year ban territory, although I didn't expect her to get another visa anyways.
  4. ... and the drama continues. The Europe travel ban caused the cancellation of MIL's flight home - two days after the ban took effect. Also, I checked USCIS case status online for the first time in a while (I had given up due to no updates since fingerprints long ago), and found the I-539 filed in March / April 2019 has been transferred to another office as of a couple weeks ago. Mind you, this I-539 was to request permission for MIL to stay until October 2019. Can anyone provide a guess why they would bother with an I-539 which is now about 6 months past the requested return date ? My theory is that it may be used in my wife's immigration court hearing, which is coming up in mid-April 2020. I strongly suspect they made some abuse allegation of some sort against me and they intend to use it against my wife next month.
  5. Would protecting her daughter, and perhaps infant son, from abuse, when daughter has no other family in the U.S., be a potential valid reason for an I-539 extension request filed by MIL ? I am starting to think this is the reason they used. Also, if such an allegation of abuse were made to justify an I-539 extension request, would USCIS be legally unable to interview me to verify this claim ? The puzzle is starting to take shape, I think.
  6. I will. My wife was only convicted of a misdemeanor, although it was domestic violence and carries negative consequences for her not only in immigration, but also in the "best interest" considerations for custody. MIL's possible upcoming perjury is a felony, but she is not a custodial option. However, I see it playing in a couple ways. First, the people around the child are relevant, and a felony conviction for perjury, especially since it was for a lie to her own daughter which lead to the DV charge, would reflect very negatively. Also, a Court being asked to have my son sent out of the country would likely be affected by the fact that not only does the mother have a DV conviction, but her mother would have a perjury conviction. Since local court orders are unenforceable in Ukraine, their honesty is very much an issue about returning the child. Perjury would be a very big deal, I believe.
  7. Still married. Our divorce trial was scheduled for last week, but it was pushed back to May because the DV trial was scheduled for this week. The divorce case needed the criminal trial to be resolved. Divorce originally filed in January 2019... Custody was modified because my wife and MIL moved out in December. Previous custody considered us living in the same residence. It's a 50-50 split of days, over a two-week rotation, with the exception that when she works on her custody days, she has to deliver him to me, if I choose. I have yet to allow her to leave my son with MIL since the revised custody. At this point, her accusations that I could not care for my son have been obliterated. On the custody / divorce, considering her removal proceedings, her domestic violence conviction, MIL's possible perjury charge which carries a 9-month imprisonment minimum, and any doubt about my ability to take care of my son eliminated, I feel pretty good about my position.
  8. I don't think I will be a part of it. Funny, I had just read that before coming here. Definitely, I would contact the FDNS officer to notify of the conviction, but I am unlikely to do that. I was more wondering what will happen if I basically sit back and watch, without notifying anyone. To inform them, I think it would speed up the clock, as I know my wife's attorney has re-filed with divorce waiver, even though we're still married. USCIS could probably simply take the info on the conviction and deny the application outright, which would eliminate her reason to extend until the divorce decree comes in. I have to assume the ICE attorney will have the DV charge in his file, as the FDNS officers knew. Even if he had no update, he could simply ask at the hearing, at a minimum. Unless something changes, I'm not particularly interested in accelerating her deportation. I might even be open to helping her avoid removal, although I'm not sure there is much I would be able to do at this point, and I am far from that point with her. The DV statute is Ohio Revised Code 2919.25 (a) http://codes.ohio.gov/orc/2919.25 . I'm pretty sure it qualifies since it requires the relationship and the physical violence as it was charged and convicted as a first degree Misdemeanor.
  9. Ok, so I guess I have an update and a question. Wife was convicted of Domestic VIolence at trial. I have reason to believe that MIL may be charged with perjury for her testimony, but I will update on that as I learn more. My question is that now that my wife has a DV conviction, will her already-scheduled Master Calendar hearing take this conviction into account or will it only consider the original reasons on the NTA ? Could USCIS update with a new NTA including the DV ? The date is still a couple months away. Let's assume USCIS was aware of the DV charge, but not the conviction without their own followup which they may or may not perform.
  10. NTA received today, so I can confirm the policy applies for a denied I-751. I also know that her attorney filed a divorce waiver I-751 in November 2019. I am currently unaware of the status of that petition.
  11. I second this. My wife received a denial letter. We then walked into the local USCIS office to get a temporary I-551 so she could renew her driver's license. The denial letter was actually part of the proof they used to give the proof of legal status. My wife is working and the USCIS officer told her if she needed to leave the country, she had better do it before receiving the Notice to Appear, so you can also travel. Until an Immigration Judge says otherwise, you will maintain your status.
  12. You need to heed the advice of the above post. Most in the thread glossed over the fact that you said "head of household" and not that your spouse filed "married filing separately". Big difference. Married filing jointly vs. married filing separately is strictly a financial decision, usually based on state tax savings. If your spouse filed Head of Household, as you said, then if you are living together, there is a problem with the IRS, although probably not your problem, since you filed appropriately married filing separately. If you are living separately and your spouse correctly filed head of household, then that might be relevant to USCIS.
  13. No, I didn't do that. But victims of domestic violence change their minds about testifying all the time for any number of reasons. She probably doesn't believe me when I say I would prefer she not be deported, but it's true. I just want to prevent my son from being sent to Ukraine.
  14. Just about two weeks ago, she and her mother both moved to an apartment. About her options, she has the domestic violence case, which she sees as the big threat to her status, which does not have to be prosecuted.
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