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milimelo

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  1. Like
    milimelo reacted to pushbrk in CR-1 or tourist (when still working abroad and might continue)   
    Your wife is not going to get a visitor visa, so forget about that.  If and when you are ready to live together in the USA, start a spouse visa process.  Think in terms of an 18 month process, so plan ahead.
  2. Like
    milimelo reacted to Lapo44 in N400 denied doe to “not demonstrating that applicant was lawfully admitted for permanent residency” (merged threads)   
    Hello everyone!
    It's been years since I started this thread and the time finally came when I can post an update.
    I've finally got my green card in the mail today!
    In February 2020 I chose to file I-485 along with my US citizen husband's I-130 petition for me as his spouse. I added a copy of my existing green card at the time, denial notice for N-400 and a cover letter describing my situation and asking them to help me fix an issue and apply whatever procedure was applicable in such case.
    Our field office is Fort Myers, FL. this office is obviously a busy one as we were waiting for 4 years for an interview to be scheduled and those are normal processing times for this location according to USCIS website. But the time came and we had our marriage based interview on February 28, 2024.
    Once we walked in the room with an officer and sat down I knew she was clearly aware of what was going on and that she was going to take an action on it.
    I'm going to mention that an interview was previously scheduled and cancelled on the same day about 8 weeks before the new interview date was scheduled. Not sure if they needed extra time to review the case of if there was another reason.
    The officer told me that my old green card wasn't good as it was not properly issued and offered me two options. First, was for USCIS to rescind my LPR status, second, for me to give it up voluntarily. Didn't make any difference for me so I told her whichever is faster and easier process, I was willing to go with that option. Voluntarily giving up my green card that was. An officer then told us that it might not happen that day as she had to request a form from their headquarters that I will need to sign, she said she requested it but wasn't sure if she gets it by the end of an interview. We said we were willing to stay and wait if possible to cut on time, because otherwise we would have to wait for them to mail the form to us and the me mailing it back with green card. She then proceeded with marriage based interview and I-485 questions, took some paperwork from us, I-693, few pictures for the case etc. By the time we finished with an interview, the form was available.  It was acknowledgement of abandonment of green card, it sounded like it was tailored for my case.
    It stated that I am willing to give up my green card, because it was issued erroneously, but that I was not willing to give up my LPR status; that I understand that if my new I-485 is approved my legal permanent residency is going to start from the new date when it's approved. An officer explained that even though I might be put out of status for some time when my green card is cancelled and the case isn't approved yet, that shouldn't be a big deal because they know why it happened. We didn't expect them to process it so fast. in two weeks after the interview I got an update that cases were approved. It took another two weeks for card to arrive in the mail.
    I wanted to share my experience. I've seen a few lawyers over these four years trying to find a solution for my problem, none of them were able to advise on how to proceed. What they were saying is - you're in a limbo, there is no way out of this situation, last one called it an immigration hell.. I had an advise from legal worker who was friend of a friend to give a try to marriage based application and a couple lawyers on avvo supported that idea. My ex-husband was asked about my issue during his naturalization interview and officer interviewing him said this issue might only be fixed in immigration court.
    Hope it helps someone!
  3. Like
    milimelo got a reaction from Crazy Cat in Children born out of wedlock   
    Why hasn't the dad fixed his birth certificate? Leaving baby boy on the birth certificate is a bit odd. Do they call him baby boy now? If that's not his legal name, go back and change birth certificate. 
  4. Like
    milimelo got a reaction from TBoneTX in Under 21 filling and COVID requirements   
    Do the waiver. 
     
    Then also get in touch with your congressional representative on the idiocy of requiring COVID-19 shots known to do nothing but cause harm including death to recipients. CDC is out of its mind. 
  5. Like
    milimelo reacted to appleblossom in Under 21 filling and COVID requirements   
    You can apply for a I-601 waiver - there’s a whole forum below about them. Adds about a year to the process I believe. 
  6. Like
    milimelo reacted to appleblossom in I-130 Petition for minor child   
    Ok, so you’re quite a way off him getting the visa. I agree with @Boiler, if your Mum doesn’t have her visa yet then the only option seems to be to delay hers until your son can catch up. 
  7. Like
    milimelo reacted to Pinkrlion in I-130 Petition for minor child   
    You can go and stay with your own children. 
  8. Like
    milimelo reacted to Crazy Cat in Currently in the US on F-1 completing my PHD and recently married to a green card holder   
    Welcome to the forum.  As the spouse of a Green card holder, you cannot file an I-485 or I-765 (EAD) until your priority date is current.  If she was a US citizen, you could file the I-485 immediately.   See the monthly visa bulletin links below. You are currently category F2a.  She can file an I-130 for you now (the sooner the better), but that is all you can do for now.  In addition, you must remain in legal status.  You will be barred from Adjustment of Status if you go out of status.
    When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: March 2024 | USCIS
    Visa Bulletin For April 2024 (state.gov)
     
  9. Like
    milimelo got a reaction from Redro in Green card- CR1 what is the process of applying for green card on CR1 visa already arrived in USA.   
    You go online on uscis.gov and pay the green card issuance fee. Need the info off the issued immigrant visa to pay it. 
     
    For SS number, if he checked off on Ds-260 to have it issued, wait two weeks post arrival for it to arrive and if not there, complete the form on SSA.gov and go in to a local SSA office. 
  10. Like
    milimelo got a reaction from pushbrk in affidavit of support what exactly will my wife need to provide? (Merged)   
    AOS is at least a year or two down the road as it looks like she hasn't even started I-130. Worry about that at NVC time - she can depart early and get a job in the US, get a joint sponsor...
  11. Like
    milimelo got a reaction from Boiler in I-864 seperate affidavit for spouse and sstepdaughter   
    You currently have a household of three which will be increasing to household of 5 with your spouse and stepdaughter's arrival. 
  12. Like
    milimelo got a reaction from Crazy Cat in I-864 seperate affidavit for spouse and sstepdaughter   
    You currently have a household of three which will be increasing to household of 5 with your spouse and stepdaughter's arrival. 
  13. Like
    milimelo got a reaction from Crazy Cat in Green card- CR1 what is the process of applying for green card on CR1 visa already arrived in USA.   
    You go online on uscis.gov and pay the green card issuance fee. Need the info off the issued immigrant visa to pay it. 
     
    For SS number, if he checked off on Ds-260 to have it issued, wait two weeks post arrival for it to arrive and if not there, complete the form on SSA.gov and go in to a local SSA office. 
  14. Like
    milimelo got a reaction from Crazy Cat in affidavit of support what exactly will my wife need to provide? (Merged)   
    AOS is at least a year or two down the road as it looks like she hasn't even started I-130. Worry about that at NVC time - she can depart early and get a job in the US, get a joint sponsor...
  15. Like
    milimelo got a reaction from millefleur in National Park Service SUED Over Cashless Policy   
    Cash must always remain an option - legal tender is legal tender. I hope the lawsuit makes it clear that an entity can't just decide they're not accepting US legal tender. Couldn't care less if it takes them more time to account for cash, not my problem. 
  16. Like
    milimelo got a reaction from TBoneTX in National Park Service SUED Over Cashless Policy   
    Cash must always remain an option - legal tender is legal tender. I hope the lawsuit makes it clear that an entity can't just decide they're not accepting US legal tender. Couldn't care less if it takes them more time to account for cash, not my problem. 
  17. Like
    milimelo got a reaction from millefleur in Medical after a DUI   
    I've seen medical requests reported here for UK folks when applying for B1/2 visas and a history of alcohol-related incidents - fights and similar. 
  18. Like
    milimelo got a reaction from Ban Hammer in National Park Service SUED Over Cashless Policy   
    Cash must always remain an option - legal tender is legal tender. I hope the lawsuit makes it clear that an entity can't just decide they're not accepting US legal tender. Couldn't care less if it takes them more time to account for cash, not my problem. 
  19. Like
    milimelo got a reaction from Dashinka in National Park Service SUED Over Cashless Policy   
    Cash must always remain an option - legal tender is legal tender. I hope the lawsuit makes it clear that an entity can't just decide they're not accepting US legal tender. Couldn't care less if it takes them more time to account for cash, not my problem. 
  20. Like
    milimelo got a reaction from Crazy Cat in National Park Service SUED Over Cashless Policy   
    Cash must always remain an option - legal tender is legal tender. I hope the lawsuit makes it clear that an entity can't just decide they're not accepting US legal tender. Couldn't care less if it takes them more time to account for cash, not my problem. 
  21. Like
    milimelo reacted to millefleur in If my wife reapplies for an ESTA and is approved, will she have a chance of passing through immigration after it was refused by CBP 2 years ago?   
    It seems they very much suspect immigrant intent, being married to a USC was already a strong tie to the US. Her travel history of being turned away for things like no return ticket and heavy baggage and then being denied again after getting a B....odds do not look good. It's only been 1 year since she denied entry.
     
    If it were me, applying for another B doesn't seem worth it. Better just go straight to the immigrant visa application and plan to live in the US for a bit. I think the only way she can overcome immigrant intent is applying for the spousal visa, then either live in the US for a bit and relinquish the green card or just relinquish the GC right after entering on the spousal visa. Frustrating but I'm just not seeing another way around this.
  22. Thanks
    milimelo got a reaction from VINHIVY in When can I file for U.S Citizenship for my permanent resident spouse?   
    3 years (can file 90 days prior) of having been an LPR (from the date the first green card was issued), and being married for 3 years to a USC. From little you listed, she could've applied even before her 10-yr green card was approved. 
    Strongly advise applying before new fee increases go into effect in April. There's online filing option now for N-400. 
  23. Like
    milimelo reacted to Crazy Cat in temporary green card and ability to travel outside of USA   
    Upon entry into the US with a valid immigrant visa, your passport will be stamped by CBP to endorse the visa.  At that point, you are a legal resident.  Your endorsed visa becomes a temporary Green card until the plastic one arrives (or up to a year from date of entry).  You can IMMEDIATELY exit and re-enter the US later using your stamped passport.
  24. Like
    milimelo reacted to Boiler in How to prove sponsor financial capability and intended domicile from overseas   
    1. Will her job continue once she moves back to the US, if so evidence from her Employer, otherwise a Joint Sponsor. Expedite, what? On what basis.
     
    2. I do not what she has, but she might want to update her DL, Bank Account, Credit Cards etc on her next trip home. Sometimes it is best for the USC to move first. I suppose how long the job process would take will depend on what she does, process takes about 18 months so quite a bit of time in a changing employment market.
  25. Like
    milimelo got a reaction from TBoneTX in GC holder going abroad with official orders   
    If he has orders and you're listed on them, push for 319b naturalization. 
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