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nastra30

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Everything posted by nastra30

  1. nastra30
    Yes but you'll need that divorce certificate. Can't your mom go and get a copy from the issuing authority?
  2. nastra30
    She will need a transit C visa. Same cost as B visa. Every international passenger goes through immigration upon arrival in the US, and will to have re-check in for connecting flights. https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/transit.html
  3. nastra30
    Wait, your wife wants to use the GC as a tourist visa? You guys are not intending on living in the US? The purpose of GC is for having a life inside the US.
  4. nastra30
    On the contrary, depending on exactly what your health issues are, you could state a case to get your case expedited by the consulate if well argued. Of course you'll need documents from doctors to substantiate. On the affidavit of support side of things, IO will make a decision based on the totality of your circumstance but I don't forsee an issue with a well qualified joint sponsor in your case.
  5. nastra30
    If you are USC then yes you can file I-130 and I-485 for your mom to adjust, and no it's no fraud if it wasn't preconceived prior to her entry although that's also determined at the border. However, you should consider all the implications of doing so as others have pointed in previous posts. Good luck.
  6. nastra30
    Op, assuming your husband is a USC, adjust away. Yes, it's possible IO could scrutinize this during interview but don't let that stress you. Good luck
  7. nastra30
    USC filed petition for who?
  8. nastra30
    Can you clarify where the mom is right now? I assume she's in the US? No.
  9. nastra30
    Yeah, this is confusing. If priroty date is indeed in 2004 then visa won't be issued until a visa number is available even if you've already paid fees and filled DS260. Just pointing this out so guys don't get surprised when no interview get scheduled or no visa gets issued. For the affidavit support, put the last name as it appears on her legal documents that uses her married name. If it's Sanchez de Martinez, put that. Good luck.
  10. nastra30
    Paying fees doesn't freeze his age. His category will automatically change to F2B. Just curious, when is the petitioner eligible to naturalize? What's the citizenship of the other parent, if any?
  11. nastra30
    @Sids, your friend's dad can file adjustment of status for the whole family immediately using chart B, assuming they are still in legal status. Good luck.
  12. nastra30
    With exceptional circumstances, they'll also need paperwork to ascertain that circumstance. Good luck.
  13. nastra30
    Just forgetting is to file is not a good cause explanation. Are they one year late in filing or 3 years late in filing? They never received NTA from USCIS? What was happening in their lives that made them forget to file? Are they still married to the USC spouse?
  14. nastra30
    If you are in no rush then definitely go with 5 year; less paper work. Note however, that questions about your marriage can still come up.
  15. nastra30
    I'm assuming you have a F-2 visa?
  16. nastra30
    Don't worry. Just present your new passport at your interview and CO will update the system with it. And will also afix your visa to the new passport.
  17. nastra30
    If you have new passport (B), use that for everything. Won't passport A being canceled once you receive passport B? Also, IR1 visa is not a 10 year visa. It expires 6 months after your medical exams. When you enter the US with it, it expires one year after it's endorsed. Your GC however will be a 10 year GC if you've been married for more than two years.
  18. nastra30
    Ahh, The child could also have received her visa the first time at the same time as the mom as a derivative beneficiary. Either ways child right now is not eligible to adjust because mom is LPR and child entered with VWP. Follow lawyer's advice.
  19. nastra30
    Op, Crazy Cat question is important. Without USC spouse daughter cannot adjust. Adjustment is not allowed through a GC holder if beneficiary enters with ESTA.
  20. nastra30
    I don't forsee any issues of being denied entry.
  21. nastra30
    I am hoping with the filing of I130 you guys included legit divorce certificate for husband? Why did husband give them a a fraudulent cert during the K1 process?
  22. nastra30
    I don't see a contradiction at all. The green text is just telling you don't need 2 year legal custody to establish step-parent relationship. You are already passed that stage that's why you were able to petition the child for a greencard. -To be the adoptive parent though is a different matter. Make sure to distinguish between stepparent and adoptive parent, two different things. -Also make sure to distinguish definition of a child for petitioning purposes and definition of a child for citizenship/naturalization purposes.
  23. nastra30
    https://www.uscis.gov/adoption/after-your-child-enters-the-united-states/us-citizenship-for-an-adopted-child https://www.uscis.gov/policy-manual/volume-5-part-e-chapter-2 https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-2 ina 101(b)(1)(e) http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1101&num=0&edition=prelim
  24. nastra30
    Usually a court order or by a govt entity. It has to be formal. Adoption by itself is a formal order by a court. But that's not only way, it's just the most typical way. So again by a court order or formal grant by a govt entity for legal custody.
  25. nastra30
    No, you are misunderstanding me. You don't need 2+ year legal custody for adoption. You need 2+ years legal custody for him to get citizenship through you. So the act of adoption itself gives you legal custody of the child. But for immigration benefits you must have legal custody/adopted for 2+ years.
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