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HU87

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  1. That is why I said submit the I-130 first at the USCIS Santo Domingo office. USCIS international offices require the petitioner to meet the foreign residency requirement at the time of filing, not throughout processing. At the embassy stage (no NVC involved for DCF route) the petitioner must fill out an I-864; thus establishing US domicile is required for the I-864.
  2. There is no letter that explicitly states that. The receipt notice for the renewal AND the expired EAD (with the same Category) are evidence of valid employment authorization for 180 days: https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension This does NOT extend the Advance Parole part of the combo card.
  3. True. But the steps I mentioned can be used. Domicile is not a requirement to file I-130 but it is for the I-864 because of INA §213A; I-864 is filed at a later stage: https://citizenpath.com/proof-of-domicile-i-864/
  4. If they marry she can submit the I-130 at the USCIS Santo Domingo office and then go to the US to establish US domicile. The I-864 documents would be needed at the embassy stage. DCF timelines can vary but it is 4-6 months on average.
  5. CR-1 with Direct Consular Filing is faster than K-1: https://www.uscis.gov/about-us/find-uscis-office/international-offices/dominican-republic-uscis-santo-domingo-field-office "Form I-130, Petition for Alien Relative" tab
  6. Let her know to read the last page of her US passport:
  7. Either cancel it or call the airline and ask about postponing the trip (no guarantee): https://travel.usnews.com/features/10-tips-for-changing-your-tickets-or-postponing-your-trip
  8. At least CEAC is more accurate than the flawed Domino's Pizza Tracker, lol: https://www.wsj.com/articles/dominos-tracking-app-tells-you-who-made-your-pizzaor-does-it-1511889445
  9. When Advanced Parole is granted it is part of the discretion given to the Attorney General from this Federal title; it is a broad interpretation of "significant public benefit" by the Attorney General. In theory, there is an exception to the "qualified alien" definition: https://www.law.cornell.edu/uscode/text/8/1621 ("State authority to provide for eligibility") and http://www.op.nysed.gov/title8/part59.htm (§59.4). For clarification you should ask the license issuing entity if they issue professional licenses to individuals with a pending I-485 and what they accept as proof (maybe its letter I with an explanation).
  10. It looks like he needs to wait for at least the Social Security card. He will have proof of LPR status upon US entry, https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs: On https://www2.honolulu.gov/documentguide/ select: I have read and understand the terms above Driver License New No Valid / Unexpired Foreign Passport with I-94 or CPB Stamp or Temporary I-551 stamped or on Visa.(appropriate SEVIS documents may also be required)
  11. Did you also submit an application for Advance Parole (AP)? If AP is approved and you leave the US and then re-enter the US with AP then letter E can apply. For example, I know that students with a pending I-485 that want to claim FAFSA have to leave the US and return using AP to qualify for it, since they then get an I-94 with Parole for 1 year; a pending I-485 alone is not sufficient to qualify for FAFSA. Here is the "Federal law" from your quote above: https://www.law.cornell.edu/uscode/text/8/1641
  12. How did your spouse enter the US? Your spouse might be eligible to file I-485 together with your I-130. Your stepdaughter does not qualify for an I-130 petition from you: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4805.html When your stepdaughter leaves the US the 10 year bar will start: https://www.americanimmigrationcouncil.org/research/three-and-ten-year-bars
  13. A B-2 denial will have zero effect on the K-1 as long as she doesn't lie. I would say go ahead with the B-2 if you don't mind losing $160.
  14. What are their ages? Depending on age this might apply: https://www.murthy.com/2018/02/07/special-renewal-requirements-for-green-cards-issued-to-minors/ Also, if the K-1 parent becomes a US Citizen before they turn 18, then they will automatically become US Citizens as well. At that point, they can get US passports (getting the passport book AND card is recommended; a Certificate of Citizenship is optional for them, so not recommended): https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Child-Citizenship-2000-Sections-320-322-INA.html
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