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Demise

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  1. Thanks
    Demise got a reaction from Sorrowhope in VAWA, Part 26   
    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.
  2. Like
    Demise got a reaction from Chancy in VAWA, Part 26   
    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.
  3. Like
    Demise got a reaction from Family in VAWA, Part 26   
    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.
  4. Like
    Demise got a reaction from OldUser in VAWA, Part 26   
    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?
  5. Like
    Demise got a reaction from 2020filer in VAWA, Part 26   
    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.
  6. Like
    Demise got a reaction from Chancy in VAWA, Part 26   
    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.
  7. Like
    Demise got a reaction from Chancy in How To Marry Someone Illegally In USA   
    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.
  8. Like
    Demise got a reaction from Dashinka in How To Marry Someone Illegally In USA   
    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.
  9. Like
    Demise reacted to Mike E in How To Marry Someone Illegally In USA   
    Given I-130 / I-485 requires a marriage certificate, it would be difficult to show an I-485 receipt to a busybody county clerk.
     
    The a answer is to get married in a county that does not require both parties to the marriage to have authorized presence. This includes an online marriage “in”  Utah county which does not require leaving ones state of residence.
     
     
  10. Like
    Demise got a reaction from TBoneTX in How To Marry Someone Illegally In USA   
    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.
  11. Like
    Demise got a reaction from TBoneTX in VAWA, Part 26   
    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.
  12. Thanks
    Demise got a reaction from J2020 in VAWA, Part 26   
    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.
     
     
  13. Like
    Demise got a reaction from Chancy in Divorce requirements for US Citizens re-marrying   
    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.
  14. Thanks
    Demise got a reaction from Mike E in Divorce requirements for US Citizens re-marrying   
    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.
  15. Like
    Demise got a reaction from Priya25 in VAWA, Part 26   
    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.
  16. Like
    Demise got a reaction from TBoneTX in VAWA, Part 26   
    Most concerning thing a doctor can say during a colonoscopy is "look, no hands".
  17. Like
    Demise got a reaction from Mike E in Acquiring citizenship without travelling to the US   
    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.
  18. Haha
    Demise reacted to TBoneTX in VAWA, Part 26   
    Oh, boy!  Sunday -- time for our eagerly awaited, always-hilarious Official Weekly VAWA-Thread Joke:
    ============================================
    FUNNIEST THINGS SAID DURING A COLONOSCOPY
     
    1.  'Take it easy, Doc. You're boldly going where no man has gone before!'
    2.  'Find Amelia Earhart yet?'
    3.  'Can you hear me NOW?'
    4.  'Are we there yet?  Are we there yet?  Are we there yet?'
    5.  'You know, in Turkey, we're now legally married.'
    6.  'Any sign of the trapped miners, Chief?'
    7.  'You put your left hand in, you take your left hand out...'
    8.  'Hey! Now I know how a Muppet feels!'
    9.  'If your hand doesn't fit, you must quit!'
    10.  'Hey Doc, let me know if you find my dignity.'
    11.  'You used to be an executive at Enron, weren't you?'
     
    And the best one of all:
    12.  'Could you write a note for my wife, saying that my head is not up there?'
     
  19. Like
    Demise got a reaction from Karman in VAWA, Part 26   
    @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.
  20. Like
    Demise got a reaction from TBoneTX in AOS on ESTA sponsored by Green Card holder   
    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.
  21. Like
    Demise got a reaction from WaterLeaf in AOS on ESTA sponsored by Green Card holder   
    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.
  22. Like
    Demise got a reaction from Verrou in VAWA, Part 26   
    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.
  23. Like
    Demise got a reaction from Lemonslice in AOS on ESTA sponsored by Green Card holder   
    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.
  24. Like
    Demise got a reaction from Lemonslice in Vawa Dispute   
    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.
  25. Like
    Demise got a reaction from Ban Hammer in Can a family court judge make a U.S. citizen pass on U.S. citizenship if the child is born in another country.   
    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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