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Demise

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  1. 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.
  2. 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.
  3. 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
  4. Like
    Demise got a reaction from EM_Vandaveer 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.
  5. Like
    Demise got a reaction from Redro in How to fill out all these USCIS Forms?   
    Adobe Reader is free.
  6. Thanks
    Demise got a reaction from TWISTIE in How to fill out all these USCIS Forms?   
    Adobe Reader is free.
  7. Thanks
    Demise got a reaction from TWISTIE in How to fill out all these USCIS Forms?   
    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.
  8. 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.
  9. Like
    Demise reacted to TBoneTX in VAWA, Part 26   
    See Demise's last post, on previous page.
    A new badge (just added to VJ) has been awarded for "Great Support"!    
  10. Like
    Demise got a reaction from Grateful❤️ 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.
  11. Like
    Demise got a reaction from Deee Smith 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.
  12. Like
    Demise got a reaction from J2020 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.
  13. Like
    Demise reacted to Chancy in Household size for I-864 affidavit of support   
    *** Moved from K1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits, where similar topics about I-864 obligation and divorce are discussed ***
     
     
    Fill out the I-864 with what is accurate at the time you sign it.  If your child has already been born, then 3.  If not, then 2.  If your dependents increase before your spouse's Adjustment of Status (AOS) interview, bring an updated I-864 to the interview.
     
     
    There is no 10-year limit.  You could be bound by the I-864 for your beneficiary's remaining lifetime, if they never work or naturalize, even if you divorce and they re-marry.
     
    Note that the I-864 is a contract between the sponsor and the federal government for possible reimbursement of public benefits claimed by the immigrant.  It is not a contract between the sponsor and the immigrant, nor does it dictate how much financial support the immigrant should get, if any, from the sponsor.  Divorce settlements and alimony are matters for divorce lawyers and family court, and separate from the I-864, though some divorce lawyers may use the I-864 as ammunition to negotiate a better settlement for their immigrant clients.
     
  14. Like
    Demise reacted to Rhema1 in VAWA, Part 26   
    I'm happy for you.
    Finally, you can start dreaming now for your green card approval 🌹🌹🌹
    God is good, that's why PATIENCE (long-suffering) from the biblical perspective, is one of the fruit of the Holy Spirit that we really need and should be praying for.
    Blessings and more approvals to All the members or followers of this educational and helpful thread.
    Shalom 🙏🙏🙏🙏🙏
  15. Like
    Demise reacted to Inzya in VAWA, Part 26   
    Finally!! 👏 
    I’m wondering whether they keep your application at Nebraska or transfer it to Vermont like mine.
    Let me know when you get your letters
     
  16. Like
    Demise got a reaction from TBoneTX 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
  17. Like
    Demise got a reaction from God is a good God 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.
  18. Like
    Demise got a reaction from TBoneTX 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.
  19. Like
    Demise got a reaction from Chancy in Widow after AOS   
    Well here's the thing, if you were petitioned on I-130, the death would automatically turn that into a widow I-360 and USCIS would at most want an I-864W from you.
    But since you were petitioned as a fiance (i.e. on an I-129F) there's no real procedure for turning an I-129F into an I-360. Yes, K-1/2 visas are weird.
     
    So you've got two options:
    1. Find someone else to sign an I-864 for you, that can be any US Citizen or Permanent Resident over the age of 18 who makes enough to be at or above 125% of US Poverty Line. Got an uncle, friend, friend/relative of your late spouse, anyone? Ask them, worst they'll do is say no.
    2. File I-360 as a widow, include a copy of your marriage certificate, proof of your late spouse's citizenship, and proof of death.
    Then once you get the I-360 receipt notice, write to the service center that has your I-485 asking to transfer the underlying basis for adjustment from I-129F to I-360 and include copy of the I-360 receipt notice and form I-864W. If you have an interview coming up, go there, and give it those to them in person. If you don't have it yet, ask them to hold it for 30 days so you can get these.
     
    For those that need it: Transfer of Underlying Basis
    Since you're looking to switch from one category where any overstay issues aren't a factor to another, and both the I-129F and I-360 originate from the same person that got you the K-1 there'd be no issues with switching it over, provided it doesn't get denied by then.
  20. Like
    Demise got a reaction from Rhema1 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.
  21. Like
    Demise got a reaction from Inzya 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.
  22. Like
    Demise got a reaction from Priya25 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 Sinead91 in Please help me understand one question about F1 status   
    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.
  24. Like
    Demise got a reaction from Inzya in VAWA, Part 26   
    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.
  25. Like
    Demise reacted to Sandra G. in VAWA, Part 26   
    Recently I  encountered a case similar to yours. After waiting 10 weeks for the receipt to be issued, I inquired USCIS and they mentioned "resubmit the application". You were instructed to inquire within 60 days, then wait a few more weeks. I had more than 20 cases for which the receipts took five months to be issued. 
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