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speedster

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Everything posted by speedster

  1. It's easy to change her name on her passport but they don't do it in a sense of wording that she'd like. I just asked her how it would look and she said it'll look interested of Mary Olivia marrying Paul Smith it'll look like "Mary of(de) Smith".
  2. So keeping her new name on green card and maiden name on passport is okay? Also where would she place the new name? I assume just the regular name box? And her previous names will be her current maiden name? Would it matter if we've been married for more than 5 years now?
  3. Yes of course, she disclosed all the EWI information and the TPS and proof of it all. It was even brought up during the B2 interview itself and she explained her being brought to the US as a child and all. The consular officer went and checked for any orders of deportation against her and the consular officer confirmed that there were none. We also entered/left the US several times before on her B2, if it was an issue I'm sure it would've been brought up by now. A person with EWI is allowed to get TPS, its not dependent on how they arrived, hers was Nicaragua. During our marriage when she was here already on TPS she never changed her name.
  4. Yes, I'm a USC. We're both in the US now I don't right now, would one be recommend for the past finances?
  5. Hey all, we arrived in late December but our life took an down turn with hospital visits and sickness. We decided it was best to settle down back in the US due to this and because insurance wasn't playing nice abroad (go figure). We've been away from the US for over 5 years and married for more than that. My spouse has had an EWI and an apparent order of deportation, less than 3 months of their arrival they were given TPS and she's had it till the day we left the US. Fast forward to us leaving the US and her applying for her B2, the consulate themselves said that she does not have an order of deportation against her and approved her B2. We've used the B2 several times to visit family/friends. Now a few questions: My spouse now has a legal entry so I'm assuming there wouldn't be any problems whatsoever with that, right? We filled our 2023 taxes but since we were abroad we used the FEIE, how will this affect us with the I864? I have a new job now with my employment letter, does that matter more? My spouse would like to change her last name to mine now. The thing is her country will name her passport as a hyphenated including to her name (She said that it's not possible to completely change it), for example: "Mary Jane Marie wants to have Smith instead of Jane Marie". How will this work with USCIS or should she wait till naturalization? Thanks all in advance for your help
  6. Salaries might be just slightly lower, but Canada at least offers a stable stay and the person on h1b wouldn't have to worry if they have to pack up and leave immediately.
  7. Yeah, you can see examples made on google. There is no "correct" standard method of a translated document format
  8. All you can do is try, my wife has done it. And we're the rare exception that she was approved on the first try, and she's lived in the US until about 4 years ago. We've traveled across the world extensively, and moved to other countries as well including countries within the EU. Just plan for a denial so that it's not a shock if they do.
  9. Unfortunately it's the only way to stay legally it seems. Obtaining the TPS status to stay legal and then leaving on a good note is light years better explaining for the B visa. I think the B visa will still be active since TPS isn't a "non-immigrant" status like F visas are.
  10. I wonder if OP can now send a letter to their state rep explaining the situation, maybe they can get NVC move along?
  11. Not sure if this is the correct place, but hey might as well start a discussion as I didn't see any news pop up cause of it. https://www.jdsupra.com/legalnews/ninth-circuit-to-revisit-end-of-tps-for-8198963/ It seems like for TPS countries El Salvador, Haiti, Honduras, Nepal, Nicaragua, Sudan might actually end since the Biden administration continues to defend the Trump administrations actions for ending TPS. I know this is speculation, but I assume it would affect a whole bunch of people as I think the bulk of TPS recipients are these countries. Would the case be settled by summer? When the supreme court also begins their break?
  12. This is the correct answer, they're probably finding it a problem considering the eligibility.
  13. Prob seek a tax pro to help or back file and pray that the IRS doesn't slam you too hard with penalties
  14. This is what I needed, thanks! Hopefully, when I show them this they get their heads on to tackle this issue.
  15. I'll confirm when I speak to them again, but can you guide me a link where I can show the #1 sister that she has nothing to be sacred of for going on AP with a "order of deportation" under her name. I've tried to fine links from USCIS but I'm stumped on what exactly I should find. The parents are another story (both have criminal records in the US, DUI's)
  16. Many flights are transfer possible in the states, but I've used google flights and see a $1600 ticket round trip on British POS-London-DXB in May for example
  17. It is an NTA, which the information is public on the justice website which of course says the judge ordered removal. So regardless if an order of deportation appears on their files or not, the sister is eligible for a advance parole and can return without issue? That's the confusing part for me. Also funny enough, they used the same lawyer, but that lawyer only helped the 2nd sister with I130/485 and that's it (which let's be honest, mostly anyone can do)
  18. My wife and I got married in the states, she's been had TPS basically ever since she arrived (within 6 months of arrival). We moved abroad since we didn't want to live here anymore (We live in Europe). It's been 2 years since we left the states, applied for a visitor visa just to see what happens, she got it and we've already traveled to the states and came back home. We don't have any intentions of living in the states as we're happy where we are. Thing is, the sister hasn't traveled on AP. Her lawyer is saying don't do it since she has a "order of deportation" (which the name is spelled completely wrong). I'll also note there's another sister (it's 3 of them). I don't know much for her case but her order of deportation is also misspelled, she's used AP for a dying family member, came back, married, got a green card and years later now a US citizen. Not sure if this helps?
  19. Spoke to the sister more about this. Their lawyer did a "motion to reopen" which was denied, which makes me think that they never actually submitted a I601(A), if I'm correct? More so, the Case Information presented online actually shows her name misspelled completely. So technically, there's nothing against her? I'm not sure how USCIS views this.
  20. Why specifically do you need to get to the US? If you hold Trinidad and Tobago passport, you are visa free to Brazil, UK, and the Schengen zone. A quick search shows me that the cheapest flight is actually via the UK. Just do that.
  21. Only for AOS and the IR stays in the US. For tourist visas, they will most certainly have a problem if they overstay past the allowed date and try to come back To the OP, leaving a day after won't have an affect, it only would if it would mean an overstay will trigger
  22. Both entered the US (illegally) as minors, then obtained TPS in less than a year. They had TPS all the way into adulthood (even now for the family member). Because of this there is no unlawful presence, minors don't accure unlawful presence until they reach 18 and even before the age of 18 they had TPS.
  23. I get what you mean, yeah, maybe my wife was lucky, we're only using the B visa to visit of course not immigrate. The other family member is of course trying to adjust her TPS status to a green card, but it makes me wonder if nothing came up for my wife coming back twice (at embassy for B visa, and again at POE) why the lawyer thinks there's still something. Would a simple FOIA request be good? Also the hardship wavier is notorious to deny you even if you don't need it.
  24. Why'd you think my wife was lucky? The visa officer told her she checked if there's any bar or anything limiting her from entering the US before she got the B visa, visa officer said there's nothing.
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