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Everything posted by Demise
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VAWA, Part 26
Demise replied to TBoneTX's topic in Effects of Major Family Changes on Immigration Benefits
Yeah basically what @Family has said @Hope21. Though I wonder, did your lawyer file with Nebraska/Vermont or with Irving, TX. Irving, TX would be the one where you file to get a receipt number and pay for it before filing I-485 with the court. Like that's one way to play it - pay for the I-485 and basically go "we've got everything ready, you can dismiss or we can do it via the court" which puts pressure on ICE and the Immigration Court because neither want to bother with cases that USCIS could handle. Still, either way the route about this is to either get a joint motion to recalendar and dismiss (if ICE agrees) or motion to recalendar and terminate (if ICE disagrees or ignores you), or motion to recalendar and file I-485 with the court. Waiting is doing you zero favors. -
VAWA, Part 26
Demise replied to TBoneTX's topic in Effects of Major Family Changes on Immigration Benefits
You have it backwards. There's only two cases where it's done that way: 1. you're in Exclusion Proceedings, which were basically initiated on entry pre-1997 because in that case USCIS retains jurisdiction over I-485, so you can adjust with them and then let the court know "I'm an LPR now, please terminate". 2. you entered as an "Arriving alien" where you were paroled in (and not by AP associated with this I-485), in case of which, yes USCIS retains jurisdiction over the I-485 and you can just adjust with them and then terminate the proceedings once you get your green card. For old deportation proceedings and current removal proceedings otherwise USCIS simply doesn't have jurisdiction over the I-485 to review it. So the way about there is to either file I-485 with the court or seek termination and then file I-485. So, you likely aren't in exclusion proceedings, were you paroled into the country somehow? Because this is the one detail whether what your lawyer is doing is making sense or not. -
VAWA, Part 26
Demise replied to TBoneTX's topic in Effects of Major Family Changes on Immigration Benefits
Get those proceedings terminated, USCIS technically doesn't have jurisdiction over the I-485 while you're in removal proceedings. Best that you could get from them right now is USCIS admin closing the I-485 until you get a termination or until you file with the court instead. Anyways - the way that it works for missing medicals is this: If USCIS chooses to waive the interview they will RFE you for it. If USCIS chooses to interview you, you bring the medical with you to the interview. Anyways, while we're here, has anyone gotten an interview waived after an EWI? -
How To Marry Someone Illegally In USA
Demise replied to Haltech007's topic in General Immigration-Related Discussion
I'll also add my two cents: All else fails, state gives them the runaround in marrying them, marrying online in Utah is always an option, only concern there is meeting in person following the marriage but well, they presumably live together or close by so it won't be a problem unlike for people trying to turn a K-1 into a CR-1. -
VAWA, Part 26
Demise replied to TBoneTX's topic in Effects of Major Family Changes on Immigration Benefits
No, unemployment is not something that disqualifies you, it could raise questions regarding the public charge ground of inadmissibility for most other AOS applicants but we're exempt from that one. -
VAWA, Part 26
Demise replied to TBoneTX's topic in Effects of Major Family Changes on Immigration Benefits
Vermont: https://www.uscis.gov/i-765-addresses, then I-131 just goes together with wherever I-765 goes if filing them together. -
How To Marry Someone Illegally In USA
Demise replied to Haltech007's topic in General Immigration-Related Discussion
Same how you'd marry a citizen, you go to city hall, or court or whatever place issues marriage licenses, pay for that, then you have someone (judge, justice of peace, priest, ship's captain) officiate the wedding and file the paperwork with the state. Being a tourist visa overstayer marrying a citizen the process will be simple, marry, file I-130, I-130A, I-485, I-765, I-131, and I-864, also I-693 signed a civil surgeon, attend the interview and she'll get her CR6/IR6 green card. Regarding ID, presumably she has a passport, if not then she'll need to contact the equivalent to an embassy/consulate for Taiwan in US and renew that. -
VAWA, Part 26
Demise replied to TBoneTX's topic in Effects of Major Family Changes on Immigration Benefits
No, that won't be an issue. USPS can deliver to a physical address or to a PO Box, courier services can only deliver to physical addresses and not PO Boxes. -
VAWA, Part 26
Demise replied to TBoneTX's topic in Effects of Major Family Changes on Immigration Benefits
Looks like they already have your fingerprints. My guess is that it got bounced Nebraska->Vermont->National Benefits Center->Local Office. So right now it'll be RFE, interview, or approval. If you are missing the medicals then it'll be either interview or approval. -
Divorce requirements for US Citizens re-marrying
Demise replied to NinaR's topic in K-1 Fiance(e) Visa Process & Procedures
No, USCIS has no rule for that case, to the point that even a citizen who got their citizenship via marriage and divorced isn't subject to the 5 year rule. INA 204(a)(2)(A), though that is only for LPRs who got their green card via marriage, there's a few ways to go around it: 1. Establish by clear and convincing evidence that that prior marriage was not entered with the purpose of evading immigration laws. 2. Prior spouse died. 3. Naturalize. 4. Wait out the 5 years. -
VAWA, Part 26
Demise replied to TBoneTX's topic in Effects of Major Family Changes on Immigration Benefits
Been seeing those a lot with DACA applications. My guess is that they have to do something with an application they took out of a queue to put it back and updated name/address is the least intrusive of the options given if confusing to the applicant. -
VAWA, Part 26
Demise replied to TBoneTX's topic in Effects of Major Family Changes on Immigration Benefits
Most concerning thing a doctor can say during a colonoscopy is "look, no hands". -
Has the father in law served in the military or otherwise worked for the US government or some kind of an international organization (NATO, WHO, etc) while your husband was a minor? Your husband definitely doesn't have the required physical presence in US to pass citizenship onto the kids (at least 5 years, at least 2 after turning 14). This is an unlikely scenario so you might most likely have to do the N-600k and travel to US is mandatory in that case.
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For sponsoring you need proof of citizenship or permanent residency. Green card is it. After you naturalize it'll be your naturalization certificate or a US passport. Birth certificate is not required from the sponsor unless it's used to establish relationship (i.e. you are sponsoring a parent or a sibling). That being said, F2A (spouses of permanent residents) can't adjust after entry on ESTA/VWP. You'd need to naturalize first before she'd be eligible to adjust. I also don't recommend entering with the intent to adjust (as that's immigration fraud) or overstaying (as that's another issue runs awry of the law and this site's TOS). Get married, file I-130 for her, when you naturalize let the service center know to upgrade her to IR and have her do consular interview for an immigrant visa. Don't try to be more clever than you are, thousands before you got burnt like this and thousands after you will as well.
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Vawa Dispute
Demise replied to Anonymous9999's topic in Effects of Major Family Changes on Immigration Benefits
USCIS is prohibited by law to take anything you say into account. You can spend the stamp and have them toss it into the trash can for you. -
How to fill out all these USCIS Forms?
Demise replied to TWISTIE's topic in General Immigration-Related Discussion
Adobe Reader is free. -
How to fill out all these USCIS Forms?
Demise replied to TWISTIE's topic in General Immigration-Related Discussion
Download most recent version of adobe reader. Install it. Download the pdf and open it in adobe reader. Some of these forms are a bit messed up and won't let you fill out a given field, where you've got two options: pen it in, or break the security on it. Breaking security is a bit legally gray but you won't be using the form for anything it wasn't meant for so nobody would care. -
VAWA, Part 26
Demise replied to TBoneTX's topic in Effects of Major Family Changes on Immigration Benefits
@Karman Do you need a prima facie determination in the first place? Like are you using that stuff for college financial aid or can't file I-485 right now and have to rely on deferred action for an EAD (C14)? If not then I wouldn't stress over that. If yes, message your senator or congressman and have them poke USCIS on your behalf. -
Biggest problem with her seeking it in Georgia is lack of personal jurisdiction over the father. While the Uniform Child Support laws mandate enforcement, the biggest issue is whether the court is legally allowed to order the defendant to do anything. There is a list of rules for personal jurisdiction (live in that state, get personally served while in the state, lived with the child in that state, provided pre-natal expenses while in that state, voluntarily allowed the case to proceed, and some others). It's similar to alimony, any court can grant divorce, but you need personal jurisdiction over the defendant to get money out of them. So if served for a lawsuit in Georgia it'll likely be up to the father whether to proceed and accept jurisdiction or motion to dismiss. https://www.lsnjlaw.org/legal-topics/family-relationships/child-support/general-information/pages/child-support-issues-for-parents-living-in-different-states-aspx
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VAWA, Part 26
Demise replied to TBoneTX's topic in Effects of Major Family Changes on Immigration Benefits
Finally some good news: Today, 50 days after they got my I-485, I finally got a notification that they charged my credit card. Now just begins the long wait to get my I-485 approved, but hey, never thought I'd make it here. -
No, that's not a visa violation. You did everything right, left the country and dropped out. You never fell out of status or anything. As an aside that's not relevant to your case, even if you were to overstay, drop out, or otherwise violate your F-1 by for example working, it still wouldn't be a factor. F-1s are weird when it comes to calculating unlawful presence for re-entry bars and for the most part it that doesn't kick in until you get ordered removed or apply for something with USCIS and get denied. We've had a few people here who overstayed by years and left to do consular processing for an immigrant visa, or overstayed, did I-485, were denied, left within 180 days of the denial, and could do consular just fine.
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My point was more that people get too hung up on CRBA when it is not the be-all-end-all document for children born abroad, nor does the proof have to be obtained before turning 18, only the legitimization needs to happen before then. Still, you're right, baby mama can't make the kid a US Citizen without cooperation from the father. I even went digging into the USCIS policy manual and DOS foreign affairs manual, and conferring citizenship onto a foreign out of wedlock child requires US Father to agree to financially support said child. Now we can argue that agreement means, out of court settlement would likely tick that box, being outright ordered to pay would not. You want my take on it all? Get the matters of custody and child support get sorted by a court. Give the mother the stuff to get the kid their citizenship or get the kid a US passport while they're in US. No point in punishing the kid due to mother being a dumbo. I definitely do agree that she's asking for King's Ransom there, child support payment of $1500 would require one to be making over $150k a year, and I think that's the only thing worth fighting against.
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VAWA, Part 26
Demise replied to TBoneTX's topic in Effects of Major Family Changes on Immigration Benefits
This one is just out right hilarious because it looks like they moved VAWA over to Nebraska in order to exactly that, now it turns out that Nebraska can't handle it. Doubly stupid because in a case like mine with an approved I-360 all they need to do is process the payment and pass it onward to the NBC. Yeah I'll wait and then keep harassing them. Bit annoying that I can't get an answer if they even got my mail or not. Definite yes would be wait, definite no would be refile, but this is just wait and hope they get their affairs in order.