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Happymallymute

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Everything posted by Happymallymute

  1. Your individual circumstances dictate what you'll need to do, and when it comes to dealing with the court your lawyer will know what to do better than you or me. I am assisting my mom with her removal proceedings right now, but her case isn't as an arriving alien. Good luck with your case.
  2. I filed 751 with divorce waiver. Approved with no interview. That was more than 3 years ago, but I can't imagine a case not being approved if you filed it correctly with an abundance of evidence of bona fide with no fraud flags. I think there's another hurdle here to consider in your case. Currently you are joint and it sounds like the divorce process hasn't started. Some places require a minimum separation time before being able to file with the court. (++ Time) The court process itself can take time because you need to properly serve the notice of court filling to the other party, make sure all your forms required by your jurisdiction are completed, etc before a clerk will put your pleading on the judge's desk to sign. (+++ Time) Above also assumes your ex will not contest it in the court and/or there won't be items the court needs to hammer out between you like assets, children, etc..(+++ time) All while the divorce is happening and you didn't notify USCIS, USCIS might not interview you thinking all the evidence you submitted is good to go and that you're still joint. Later if and when you apply to be a citizen, your entire immigration history will be up for review. You will run in to trouble here when the circumstances of your 751 is reviewed. You might get denied, wasting all that time and money. In short, work out your marriage if you can. If you can't, get a move on with the divorce for your own sake.
  3. AOS is a defence for removal proceedings. Does the defendant have a lawyer? This is no longer a DIY process, obtain one. Where in the removal proceedings is the defendant, master hearing? Merits hearing? If it's early enough in the process...The USC must submit i130 immediately with USCIS. The processing time for i130 for parents or usc are almost 1 year out at this moment. Your lawyer can submit the i130 receipt to the court. Later when the i130 is approved, you should prepare the entire i485 packet and the lawyer should submit it to the court because the jurisdiction over the 485 lie with EOIR now, not USCIS. The i485 fee payment can be a tricky situation, follow your lawyer's guidance here. If everything looks good and nothing else is outstanding about the defendant's case, the current guidelines instruct eoir and the prosecution to forward the i485 case to USCIS for adjudication, closing out the case in the courts. Btw the above is for simple cases. Your individual defendant may need to go through waivers of inadmissibility. This is why you need a lawyer to guide you through the process and interface with the court for you.
  4. Yes, she should plan to sit tight for a long while unless you submitted an i131 for her. Even if her I-94 expires she is OK to wait while her AOS is pending. Overstays get forgiven for immediate relatives of USC.
  5. That's so annoying and the limitation of a diy divorce. I think it will be worth a consultation with a lawyer - my case had hit a dead end at some point in the process and a lawyer who I consulted was able to make some calls to push the form to the judge. Nothing I could have done sadly.
  6. I had a DIY divorce in Virginia - what other forms do Texas accept for attempt at proper service? In Virginia, a string of methods had to be attempted before the court would acknowledge that you tried to serve them properly. For example, publishing a newspaper notice for a certain amount of time AFTER all other methods to reach the other party had been attempted. Just giving up after using a process server wasn't enough in VA. Maybe that is why the judge keeps kicking it back to you? Also, what did your friend list in the initial plea? In my initial plea I had to state facts that established to the judge who I am, who the spouse was, our ages, when and where we got married, that we were not in the military, etc etc. because it confirmed to the judge he had jurisdiction over my plea.
  7. Whoa, I don't know where this is coming from. Cultural difference? Either way, you're NOT a "loser" because you didn't "manage" to find a sponsor... There's a reason why the USC spouse in marriage 485s are the primary sponsors in 864s. You're literally married and pledged to support each other, and that includes financial burdens. It's not YOUR sole job to find a sponsor, it's a joint effort between you two. I'm sorry that she "hates" her job and has worked through her pregnancy only to find that she has to keep working, but that's the situation you two are in together as partners and parents. Please stop thinking like you've committed a great crime by immigrating here and being stuck in line. It's not going to do your mental health any favors. Take the advice already given here - you don't have to lie to HR about your status. Many offers may not come when employers don't want to wait, but some will. Your job right now is to find that job and ask for a 765 expedite.
  8. Even for short gaps I specified as unemployed. As long as I accounted for my individual history as honestly as possible, I was fine with the IO.
  9. I got my GC through marriage, my naturalization was under 5 years. I still brought everything with me from my 485 and 751 (divorce waiver). The IO did have my entire a file and could refer to it at anytime so while I didn't need to provide documents per se, but it was good that I prepped to be questioned about dates and all. Bringing it won't kill you, if it increases your comfort level for the day then go for it. If they don't ask for it then great, if they do then you have it.
  10. Ok, then you'll be following this guide: Exchange parent for spouse where applicable. Evidence requirements will differ for a parent than a spouse. When I filed i130 for my mother I had to submit a lot of documents to establish our relationship such as birth certificates for me and her, certificate of family relationship that shows her as my mother, etc. Reading the information from the source is the best thing you can do. Each of the required forms come with specific instructions on how to fill them out and what kind of evidence is required. Here are some links from USCIS: https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status https://www.uscis.gov/i-130 https://www.uscis.gov/i-485 https://www.uscis.gov/i-864
  11. And you filed online? I would imagine the officer will see the new upload date and the form and take it from there.
  12. I mean, I'm a citizen now so that answers your question. My timeline isn't as blurry as yours though...
  13. I went through a dyi divorce and divorce waiver 751. Nothing happens to your LPR status or card while you're going through the divorce. If your divorce is finalized before your 90 day window to file before your conditional GC expiration date, that's great. You don't have to wait for the window and you may file at anytime. If not, you're going to run into some hurdles to produce the final divorce decree within a tight deadline. Divorcing and marrying someone else before your 2 year conditional period is over may draw some scrutiny to your case, be prepared. Not accusing you of fraud, but that's quite a quick turn around.
  14. No, you can have both cases active at the same time without affecting each other unless a benefit has been received through one form. Make sure to include the i797 for the i130 from your spouse sponsoring you though.
  15. Mine was in July in Boston. People brought their whole families, even little babies to the event and they were allowed in.
  16. You answered your own question, he is currently and approved as a permanent resident.
  17. YMMV then, the USPS employee took the following for mine: Application Original certificate Copy of certificate Copy of DL front and back (and showed original card during the appointment)
  18. I asked the officer to change my last name to my husband's at the n400 interview. All my identity documents had so far been in my maiden name, and it was too much hassle to change my name with all the agencies. Officer told me my name basically became my husband's last name when we got married and that WAS/IS my name as far as she was concerned, so it didn't even need a judicial name change process. She simply changed my last name in my application to my husband's and that's all it took. I gave the certificate with the "new" name to DoS for passport, SSA for corrected SSN. No issues.
  19. Went to SSA today. Asked for corrected SSN. Gave the completed SSN application. Showed certificate of naturalization and passport for proof of citizenship as well as a name change that occurred from marriage before I got the citizenship. The clerk said if my new name from marriage is reflected in the certificate then that's all she needed to see, and it helped that my new passport also had the new name. In and out in 10 mn.
  20. By being married to a USC, a visa number is immediately available to you when you file i-130... Which then gives you the pathway to file i-485 concurrently because the immigrant is already in the US.
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