speedster

7 hours ago, OldUser said:

People do it all the time. This means she may need to carry marriage certificate when travelling to match names.

 

How easy is it to replace her passport with new married name?

 

Another option is changing name at naturalization stage. That way, her entire immigration history is in one name other than the last bit.

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".

6 hours ago, Redro said:

Yes. It should not matter that you’ve been married for 5 years. Especially if your state is one that allows name change with marriage certificate even if the new name is not on the marriage certificate.

Which state do you live in? 
Also, your wife will just need to travel with passport, green card and marriage certificate when leaving and entering the U.S. Many AOS applicants deal with this issue every day. 

Ahh okay thanks, and NJ

1 hour ago, Redro said:

Wife can change her name on AOS paperwork and request your name for her green card. Her name won’t change in her country passport though. 

Unless you have sufficient savings USCIS will most likely reject your I864 as insufficient because of your last 3 tax returns. I would get a joint sponsor for ease of process. 
 

Things will likely be fine but I would maybe consult with a few immigration lawyers to look over your wife’s prior paperwork to double check her ability to adjust. I don’t know if we can advise you correctly without knowing if her prior EWI will be an issue or not. either way you should disclose the history on her i485 paperwork. 
 

Maybe request a FOIA so you know what her history in the US says. 

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?

2 hours ago, Timona said:

When filing for B2, did she disclose her EWI? 

Not sure how she got a TPS while on EWI. How did she get TPS? And what did she file to even claim TPS? 

Where is she from? 

Did your wife change her name while applying for TPS? 

 

One thing that's certain is her history is on the system somewhere. The embassy may not have caught it, not sure how they didn't, but someone will eventually. 

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.

36 minutes ago, appleblossom said:

You’ve not actually said but I assume you’re a USC? And where are you both now (not clear where ‘we arrived’ was to)? 

Yes, I'm a USC. We're both in the US now

7 hours ago, Boiler said:

Do you have a Joint Sponsor?

I don't right now, would one be recommend for the past finances?

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

21 hours ago, igoyougoduke said:

Highly doubt h1b workers with higher salaries will go and work in Canada . 

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.

1 hour ago, mapi said:

Alright. So, do I literally translate every word? Do I need to get a similar document structure or try to point to translation to the sections (numbers) in the original document?

Yeah, you can see examples made on google. There is no "correct" standard method of a translated document format

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.

On 5/2/2023 at 11:09 PM, Boiler said:

I wonder how applying for TPS interacts with wanting a B or keeping a B?

 

This does not seem the plan anyway 

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.

2 hours ago, Mike E said:

I don’t know what that means

 

Sounds like her I-130 is approved and you were about to file DS-260. You should file I-130 for your kid and let nvc know that your wife will wait for her kid’s I-130 to move to nvc. 
 

Once both cases are at nvc, each ds-260 should name the other beneficiary. This way nvc should schedule coincidental interviews.

 

Note that for your kid you file I-864W instead of I-864 

I wonder if OP can now send a letter to their state rep explaining the situation, maybe they can get NVC move along?

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?

1 hour ago, SteveInBostonI130 said:

 

Your MIL qualifies for the 2nd part - continual physical presence since April 19, but may not meet the first part - continuous residency since April 11.

 

Try contacting the program director:

 

This is the correct answer, they're probably finding it a problem considering the eligibility.

1 hour ago, FPS81 said:

If she had income, and didn't file taxes all those years, what is the appropriate thing for her to do now?

Prob seek a tax pro to help or back file and pray that the IRS doesn't slam you too hard with penalties

On 1/10/2023 at 4:51 PM, Family said:

 

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20191220-TPSTravel.pdf

 

This is what I needed, thanks! Hopefully, when I show them this they get their heads on to tackle this issue.

17 hours ago, Family said:

Yes, sister #1 can do AP exactly as sister #2 successfully did. 
It’s certainly confusing why the same attorney is dealing with each sister so differently …I won’t speculate that he only did I-130/I-485 by marking “no” for previous deportation questions on the forms..and banked on record not showing because the name was badly misspelled and kids were probably not fingerprinted and likely it was an “in absentia “ order..

 

But are you able to confirm what “ hardship waiver” was denied and appealed…

 

And definitely all 3 sisters and the parents should do EOIR FOIA s . ..because sister #2 ( now USC) can help the parents adjust as well.

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)

3 hours ago, OldUser said:

How did you search? Maybe share some ideas with the OP. I did Google Flights from Tobago to Dubai, it showed a lot of flights transiting via US. Maybe your suggestion would help picking a better itenary for OP to avoid US transit and save $$$$

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

2 hours ago, Family said:

As you can tell by the 2nd sister who traveled w AP and later adjusted  the attorney for the 1st sister is not competent . 
The Order of Deportation ( misspelled or not) is not an problem for sister #1 as far as obtaining AP and taking advantage of travel and re entry. .

 

There has been a great deal of back and forth litigation for TPS /AP and sporadically there were periods of time some circuits refused to recognize return w AP as satisfactory for being inspected..

But ..she has a chance to do it now PLUS deal with the old deport order once and for all. 

 

I know you keep pointing out that names of all three sisters were misspelled, and I acknowledge that 2 of the 3 have already faced USCIS ( sister who adjusted) and DOS ( your wife who got visitor visa )and the old order dis not show up in their A# files…so that is a good thing…

 

It is definitely a faulty NTA and since I don’t know if you are looking at an actual Immigration Judge Order of Deportation or just an NTA, I will not speculate on it…other than to say even if it was a perfectly sound deport order , read previous link and see ICE will joint motion to re- open and terminate.

 

Moral of this story is get a different attorney

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)

10 hours ago, Family said:

I will assume here that:

1. You are a US Citizen and chose to go live with your wife for a number of years in her country of birth. 
2. She presented for her B-1/B-2 visitor visa and showed she was married to an American and duly settled there without intentions of immigrating to the US…

3. By chance 10 years between her leaving the US and visitor visa issuance? 
4. What’s the plan for your wife? Stay or go?
 

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.

10 hours ago, Family said:

BUT NOW, FROM THIS POINT UNTIL JANUARY 19, 2025, ANY TPS HOLDER WHO MEETS THE FOLLOWING CRITERIA CAN HAVE THEIR REMOVAL PROCEEDINGS DISMISSED TO ADJUST THEIR STATUS unless the person is an enforcement priority:

 

1. Currently possesses Temporary Protected Status;
2. Has a removal, deportation, or exclusion order issued by the Executive Office for Immigration Review or its predecessor agency, the U.S. Immigration and Naturalization Service;
3. Has traveled on advance parole since that order was issued; AND
4. Is otherwise prima facie eligible to file an application for adjustment of status with USCIS, including but not limited to those with a pending or approved I-130 “immediate relative” visa petition who meet the “inspected and admitted or paroled” requirement of Section 245(a) of the Immigration and Nationality Act, as amended (the “INA”) pursuant to USCIS policy if seeking to adjust under that provision.

 

https://cbkimmigration.com/i-601-provisional-waiver/

You are not eligible to apply if you have other grounds of inadmissibility, such as a criminal background or an old deportation order

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?

On 11/23/2022 at 10:22 PM, Chancy said:

 

Then your wife has nothing to worry about, if you know she did not accrue unlawful presence.  As for her sister, the case is obviously more complicated if her previous waiver filing was already denied.

 

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.

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.

On 12/27/2022 at 3:45 PM, Rocio0010 said:

You’re right! My bad. Then I don’t think it’s an issue because overstays for USC IR are forgiven

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

17 hours ago, Chancy said:

 

Your wife's age and immigration status when she left the US matters.  If your wife keeps to the terms of her B visa when she visits, she will not accrue unlawful presence, and will not get a ban.  You said the sister remains in the US, so she could be accruing unlawful presence now, depending on her current status.

 

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.

6 minutes ago, top_secret said:

My wife was twice denied B visas with what I would say was a very much a stronger case. B visas are arguably almost a complete crapshoot.  If someone were "going through the hardship wavier for the 2nd time as the 1st one has already been denied",  I personally would not leave the country and test any theory based on "one person seemed to get back in ok that way"..

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.

30 minutes ago, top_secret said:

I'd speculate your wife's, sister's, lawyer, gave good advice, and your wife was a bit lucky.  Don't expect 'good luck' to be a reliably repeatable event.

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.