Jump to content

nastra30

Members
  • Posts

    2,772
  • Joined

Reputation Activity

  1. Thanks
    nastra30 got a reaction from NDmomof4 in Allowed entry but parolled   
    Awesome. 
  2. Like
    nastra30 reacted to limegreenbowler in F2B case with complication   
    And this exact scenario is outlined in the Adjudicator's Field Manual (the new Policy Manual isn't fully online yet, but this guidance still stands): https://www.uscis.gov/sites/default/files/document/policy-manual-afm/afm21-external.pdf 
     
    Review automatic revocation on p. 68:
    The grounds for automatic revocation are set forth in 8 CFR 205.1(a) . Officers should be familiar with each of the events spelled out in the regulation. Under each of these grounds, the revocation is automatic when the specified events occurs, regardless of whether USCIS is aware of its occurrence or not, and regardless of when (or even whether) USCIS provides notification of the revocation. For example, if an alien who is the beneficiary of an approved 2nd preference visa petition as the unmarried son or daughter of a lawful permanent resident marries before immigrating to the United States or adjusting status, the petition’s approval is revoked. It should be noted that although it is the event of the marriage which triggers the revocation, the revocation itself is as of the date of the petition’s approval (in automatic revocation proceedings, revocation upon notice is different). Furthermore, because the petition’s approval has been revoked, it does not become valid again if the marriage of the beneficiary is terminated through divorce or death of the beneficiary’s spouse. (However, if the marriage is annulled by a court of competent authority, the legal effect is that the marriage never occurred and therefore, neither did the revocation.) 
  3. Like
    nastra30 reacted to limegreenbowler in F2B case with complication   
    The law is not silent on this issue. The law for automatic revocation is in 8 CFR 205.1(a): https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-205/section-205.1
    § 205.1 Automatic revocation.
    (a) Reasons for automatic revocation. The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:
     
    (I) Upon the marriage of a person accorded status as a son or daughter of a lawful permanent resident alien under section 203(a)(2) of the Act.
  4. Like
    nastra30 got a reaction from Boiler in F2B case with complication   
    Petition is void as soon he got married. Simple as that.
  5. Like
    nastra30 got a reaction from Dashinka in Finally granted K-1! What's next?   
    The next important step is marry within 90days upon arrival in the US.
    Then with marriage certificate apply to adjust status using I-485.
    Also recommended to file I-765, and I-131.
    Read the VJ guides: 
     
  6. Like
    nastra30 reacted to Boiler in F2B case with complication   
    The first case died as soon as he married, she can file for him again as soon as the divorce was completed.
  7. Confused
    nastra30 reacted to NEO2023 in F2B case with complication   
    INA 203(a)(2)(B) says that for the petition to be valid, your brother should be unmarried, which your brother satisfied in 2016. In addition to that, AFAIK, law is silent about what happens while waiting for visa. Since he is currently unmarried, I don't think there will be any problem with his interview. 
  8. Like
    nastra30 got a reaction from Dashinka in Can petitioner leave US after filing I-130?   
    Yes, it's allowed by law if you so choose. How old is daughter?
  9. Like
    nastra30 got a reaction from Dashinka in Can petitioner leave US after filing I-130?   
    Based on timelines you've provided, yes, petitioner can leave. Biometrics for I-130 is extremely extremely rare so don't worry about that. File online so you can get receipt pretty right away. Good luck.
  10. Thanks
    nastra30 got a reaction from momshie in Can petitioner leave US after filing I-130?   
    Based on timelines you've provided, yes, petitioner can leave. Biometrics for I-130 is extremely extremely rare so don't worry about that. File online so you can get receipt pretty right away. Good luck.
  11. Like
    nastra30 reacted to OldUser in N400 - choosing between 3 year or 5 year rule?   
    It's not like @leignot is going to get an award for picking a harder 3 year rule route? With the same outcome (citizenship) what's the rationale for going 3 year rule route? It's not faster either.
  12. Like
    nastra30 reacted to OldUser in N400 - choosing between 3 year or 5 year rule?   
    If eligible for 5 year rule, it's not a brainer. 5 year rule wins: simpler,  doesn't involve reproving marriage, less evidence required.
  13. Like
    nastra30 reacted to Letspaintcookies in Do I need to withdraw my N-400?   
    Op had a combo interview for ROC and naturalization. They won't send you a 10 year card if they expect you to swear the oath.
  14. Like
    nastra30 got a reaction from Family in USCIS Filing Fees Increasing - April 1st 2024   
    Another trend is the subtle nudge to make people file online by making online filing fees less than paper filings. With the eventual goal of killing off those paper applications and making more forms available online.
  15. Like
    nastra30 got a reaction from Family in USCIS Filing Fees Increasing - April 1st 2024   
    I believe applicants of age 75+ years do not need to pay a biometric fee. Perhaps the without biometrics is in reference to this group.
  16. Thanks
    nastra30 got a reaction from Zoeeeeeee in Just applied for N400 online and didn't include request for combo interview   
    No, N400 doesn't supersede I-751. They are still separate cases so essentially you will have two cases to get approved for. However, N400 will never get approved until I751 has been approved. Including a letter for combo is just a courtesy letter; they don't have to act on it. If you still wish to, you can still add it now as unsolicited.
    Nonetheless, you may still get a combo regardless especially if your field office is known for doing that. Even if don't get a combo, at least you gotten the N400 rolling and dodged the April fee increases. Good luck.
  17. Like
    nastra30 got a reaction from OldUser in need help urgent divorce after 10 year green card   
    Yes safe to travel. But if traveling with kids make sure dad is on board with them traveling unless you have full custody.
  18. Like
    nastra30 reacted to Crazy Cat in Delaying Visa Process – Need Advice! - Spousal visa   
    Just don't pay the NVC fees or submit documents.  You can delay the case indefinitely at NVC by contacting them at least once a year.
  19. Like
    nastra30 got a reaction from Crazy Cat in Just applied for N400 online and didn't include request for combo interview   
    No, N400 doesn't supersede I-751. They are still separate cases so essentially you will have two cases to get approved for. However, N400 will never get approved until I751 has been approved. Including a letter for combo is just a courtesy letter; they don't have to act on it. If you still wish to, you can still add it now as unsolicited.
    Nonetheless, you may still get a combo regardless especially if your field office is known for doing that. Even if don't get a combo, at least you gotten the N400 rolling and dodged the April fee increases. Good luck.
  20. Like
    nastra30 got a reaction from Alex G33453425 in F4 visa refused - divorce wasn't final before current marriage   
    Ahh I see, wife is the derivative not the principal.
  21. Like
    nastra30 got a reaction from Timona in Is filing the Abandonment of Lawful Permanent Resident (LPR) Status (I-407 form) required BEFORE filing a Petition for Alien Relative (I-130 form)?   
    I don't think interviewing officer has that authority to determine abandonment in this case. It will become a court case at that point if op is willing to fight it. Also, the person can't just enter and naturalize; they'll have to meet a fresh set of residency and physical presence requirements.
  22. Like
    nastra30 reacted to appleblossom in I want to sponsor a Tourist visa for my sister   
    As said above, nothing for you to do really. As the DoS website says "Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa."
     
    Where is your sister from? Some countries are tougher than others, and the wait time for an interview varies hugely as well.
  23. Like
    nastra30 reacted to Family in F4 visa refused - divorce wasn't final before current marriage   
    The gender mix adds a bit of extra complexity to the family’s decision.
    The derivative children are still able to get visa with the father ( as born out of wedlock, if they are biological ) . They can enter to activate green card, stay long enough to apply for I-131 Re entry permit and go back to wait out mothers process .
  24. Thanks
    nastra30 reacted to appleblossom in F4 visa refused - divorce wasn't final before current marriage   
    It doesn't sound like he's ineligible for a visa. It's his 'wife' that is, as they're not legally married so she cannot get a visa as a derivative.
  25. Like
    nastra30 got a reaction from Dashinka in N-600 or N-600k?   
    N-600. You can also first get him a US passport if he doesn't already have one.
×
×
  • Create New...