Crazy Cat

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After I did more research, I agree 100%.

OK. I think you are right. After your comments and a little more research, I believe unlawful presence starts when the I-485 is abandoned. I do not believe it would be retroactive to the I-94 expiration. Thus, the OP filed a proper I-485 prior to expiration of the I-94, and there was no unlawful presence.

It will come out regardless. I would not offer anything which could open up more questions.

I am finding that unlawful presence starts upon denial of an I-485. You are correct that the same could apply when the I-485 was considered abandoned. In the OP's case, there be no ban regardless.

But the Adjustment of Status was abandoned....I assume unlawful presence started after the I-94 expired. If I am wrong, the OP has even less than 5 months overstay.

If you are on their radar, there is a possibility.

The I-130 will ask about any previous petitions filed.

You were out of status after 90 days inside the US via a K-1. That would have been roughly September 25. Leaving on February 25 would be about 5 months in unlawful presence. That would be worst case. Seems to me that you were out of status less than 180 days. I see no ban for that. US spouse can start the spousal visa process by submitting an I-130.

Interesting read. Zelensky is a very stupid man if took the advice of these people. He has endangered his political career, the lives of more people, and his country's future.

You are right about the frustration. I think we all have felt it, but even open and shut cases have to wait until they are at the front of the line. 1. Based on this USCIS quarterly report (4th Quarter of FY 2024), there were more than 2 MILLION cases pending. Looks like they processed 816, 549 cases, but they received 981,202 cases. 2. I'm not sure there is a way to automate the process. Every case has to be vetted by human eyes and human judgement. quarterly_all_forms_fy2024_q4.xlsx

Thanks for pointing that out. I have referred this to the Mod group for review.

She won't be entering the US for 5 years unless a hardship waiver is granted......That could take a year or two after her interview.

Link? That is inaccurate.

A dual status alien is someone who is a resident alien for only part of the year. This could be helpful if she had significant income prior to entering the US. That does not seem to fit your case. She does not have a Green card, thus she fails the Green Card test. It seems she was not in the US for 183 days during the three-year period that includes the current year and the two years immediately preceding it., thus she fails the substantial presence test. That leaves her as a non-resident alien. However, to file a joint return, she must elect to be treated as a resident alien for tax purposes. Dual status aliens cannot file a joint return. Non-Resident aliens cannot file a joint return unless they elect to be treated as resident alien for tax purposes.

Unless Mom can prove domicile (actually living) in the US, the visa will not be issued. No, the case cannot be transferred to you.

Yes. Works now. Thanks. Explains the VPN aspect. I appreciate your rapid response, Captain!!!

Approved in less than 2 months? Congratulations! You just made it through the most difficult part of the immigration for many people. The naturalization process is a piece of cake.

Sadly, I don't think her spouse will do that. And I don't get the impression she wants to go the VAWA route.

What forms would she fill in?

The medical is required to be sent with the I-485. I would be prepared for issues. ALERT: Effective Dec. 2, 2024, if you are required to submit Form I-693, or a partial Form I-693 (such as the Vaccination Record), you must submit it with your Form I-485. Otherwise, we may reject your Form I-485. 

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Without a VPN connection, I cannot even ping www.visajourney.com. I get time-outs. When I go through a VPN (remote USA server), I can ping www.visajourney, and the site works normally. Maybe this is a network routing issue? Note: The "block new topics" error has been corrected, but the no-ping issue is still present.

I am getting the "Block_New_Topics" error again. In addition, I have to use a VPN to connect to VJ. Not sure if they are related, but both issues started today.

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