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Demise

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  1. Like
    Demise reacted to Inzya in VAWA, Part 26   
    I have finally received my receipts in the mail today. I also received a letter from uscis saying that they have transferred my I-485 application from Nebraska to Vermont service center “in order to speed up processing”. Weird.
    Although I have filled up an electronic notification form I haven’t received any email or text messages from them, so keep checking your mailbox.
  2. Like
    Demise got a reaction from OldUser in I-131 rules when applying for adjustment of status   
    Why does he need a re-entry permit? That's a document to take a trip that's between 1 and 2 years long without abandoning your permanent residency.
     
    If he needs to travel in the meantime he'd file I-131 but for advance parole, not a re-entry permit.
  3. Like
    Demise got a reaction from God is a good God in VAWA, Part 26   
    I-824 to pass the case to DOS so your kid can follow to join.
    Include the following:
    Copy of Birth certificate of the kid with translation if not in English
    Copy of your green card
    Copy of your kid's passport (if available)
    Copy of I-360 approval notice
     
    Then it's going to be a DS-260, I-864W, and whatever form they do their medicals on.
     
    Filing I-824 satisfies the "sought to acquire" requirement in CSPA, so as long as they don't marry they should be able to tag along as an IB2 without issue.
  4. Like
    Demise got a reaction from jamaica fineness in VAWA, Part 26   
    I-824 to pass the case to DOS so your kid can follow to join.
    Include the following:
    Copy of Birth certificate of the kid with translation if not in English
    Copy of your green card
    Copy of your kid's passport (if available)
    Copy of I-360 approval notice
     
    Then it's going to be a DS-260, I-864W, and whatever form they do their medicals on.
     
    Filing I-824 satisfies the "sought to acquire" requirement in CSPA, so as long as they don't marry they should be able to tag along as an IB2 without issue.
  5. Sad
    Demise got a reaction from TBoneTX in VAWA, Part 26   
    Welp. I'm kinda at a loss here. I followed up with my senator to see what the hell is going on with my I-485. Got a response that "we have no record of a receipt being issued, I'll tell the mailroom to try to look for it, check back in 60 days".
  6. 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.
  7. Like
    Demise got a reaction from Family 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.
  8. Confused
    Demise reacted to manyfudge in F2A, How does the aging out works?   
    You will age out.  Unless by some miracle, your priority date becomes current when you are 21 + (approval date - priority date).
     
    The only way to save your case is if he naturalizes before you turn 21.
  9. Like
    Demise got a reaction from Family in Is it possible to prevent I-485 from being withdrawn?   
    Spouse can withdraw I-864 and without that the AOS is toast and you can't really replace that. Like you can't have some other sponsor take it over.
     
    Still, I need to ask what prompted this question? Are you worried about something specific?
     
    K-1s can actually adjust via the marriage to the original petitioner despite a divorce if the basis for adjustment is the I-129F (Matter of Sesay), the thing is that would still require cooperation from the original petitioner in not pulling the I-864. Getting a new husband actually won't work for AOS since K-1s and K-2s can only adjust via marriage to the original petitioner (this can be the original I-129F, an I-130, or a widow(er) or VAWA I-360).
    In cases where K-1 enters and ends up marrying someone else you actually have to proceed as if you entered without inspection with the caveat that a VAWA I-360 still wouldn't let you adjust and you'd need to do consular and seek exemption from the unlawful presence bar if applicable. Same thing with K-2s, just for parent's marriage.
  10. Like
    Demise got a reaction from Redro in Is it possible to prevent I-485 from being withdrawn?   
    Spouse can withdraw I-864 and without that the AOS is toast and you can't really replace that. Like you can't have some other sponsor take it over.
     
    Still, I need to ask what prompted this question? Are you worried about something specific?
     
    K-1s can actually adjust via the marriage to the original petitioner despite a divorce if the basis for adjustment is the I-129F (Matter of Sesay), the thing is that would still require cooperation from the original petitioner in not pulling the I-864. Getting a new husband actually won't work for AOS since K-1s and K-2s can only adjust via marriage to the original petitioner (this can be the original I-129F, an I-130, or a widow(er) or VAWA I-360).
    In cases where K-1 enters and ends up marrying someone else you actually have to proceed as if you entered without inspection with the caveat that a VAWA I-360 still wouldn't let you adjust and you'd need to do consular and seek exemption from the unlawful presence bar if applicable. Same thing with K-2s, just for parent's marriage.
  11. Like
    Demise got a reaction from SneakyPete in Is it possible to prevent I-485 from being withdrawn?   
    Spouse can withdraw I-864 and without that the AOS is toast and you can't really replace that. Like you can't have some other sponsor take it over.
     
    Still, I need to ask what prompted this question? Are you worried about something specific?
     
    K-1s can actually adjust via the marriage to the original petitioner despite a divorce if the basis for adjustment is the I-129F (Matter of Sesay), the thing is that would still require cooperation from the original petitioner in not pulling the I-864. Getting a new husband actually won't work for AOS since K-1s and K-2s can only adjust via marriage to the original petitioner (this can be the original I-129F, an I-130, or a widow(er) or VAWA I-360).
    In cases where K-1 enters and ends up marrying someone else you actually have to proceed as if you entered without inspection with the caveat that a VAWA I-360 still wouldn't let you adjust and you'd need to do consular and seek exemption from the unlawful presence bar if applicable. Same thing with K-2s, just for parent's marriage.
  12. Like
    Demise reacted to Inzya in VAWA, Part 26   
    Hi!
    For @Demise and those who have recently sent vawa based adjustment of status package to Nebraska service center. I’ve got a hold of uscis rep today and she told me that it currently takes them 6-9 weeks to mail a receipt so keep hanging in there 🤞
  13. Haha
    Demise got a reaction from Mahi Bansi in VAWA, Part 26   
    I'll drop a joke because I'm bored and the thread is slow:
     
    A billionaire is on his death bed is surrounded by his 3 sons: a teacher, a priest, and a lawyer.
    He says to them "My sons, I know that they say you can't take it with you but I want to test that theory. I want each of you to take $100,000 from your inheritance and put it in my coffin."
    During the funeral each son placed a bag in the coffin.
    Sometime after the funeral the three sons met again.
    The priest says "Guys, I need to come clean, I put in old news papers in my bag. I thought about the good these $100,000 could do to my parish - beds for the shelter, better food for the soup kitchen, training workshops to get these people off the street, and I just couldn't, I'm sorry."
    The teacher says "I too put in crumbled in newspapers. I too thought about the good these $100,000 could do for the school - better equipment, food, clothes, and personal hygiene products for the students that need them and  I couldn't just let that money rot in the ground."
    The lawyer says "I can't believe it that you two would just disregard our father's last wish like that."
    The other two ask him "What, did you put $100,000 in the coffin?"
    The lawyer responds "Of course I did, I put in my personal check for $100,000!".
  14. Haha
    Demise got a reaction from BollyB1 in VAWA, Part 26   
    Two native Americans are walking along a river.
    One of them crouches and runs his fingers through the soil.
    "White man was here."
    "How do you know?"
    "We are speaking English."
  15. Haha
    Demise got a reaction from Chancy in VAWA, Part 26   
    Two native Americans are walking along a river.
    One of them crouches and runs his fingers through the soil.
    "White man was here."
    "How do you know?"
    "We are speaking English."
  16. Haha
    Demise got a reaction from God is a good God in VAWA, Part 26   
    Two native Americans are walking along a river.
    One of them crouches and runs his fingers through the soil.
    "White man was here."
    "How do you know?"
    "We are speaking English."
  17. Haha
    Demise got a reaction from Inzya in VAWA, Part 26   
    Two native Americans are walking along a river.
    One of them crouches and runs his fingers through the soil.
    "White man was here."
    "How do you know?"
    "We are speaking English."
  18. Haha
    Demise got a reaction from Priya25 in VAWA, Part 26   
    Two native Americans are walking along a river.
    One of them crouches and runs his fingers through the soil.
    "White man was here."
    "How do you know?"
    "We are speaking English."
  19. Haha
    Demise got a reaction from TBoneTX in VAWA, Part 26   
    Two native Americans are walking along a river.
    One of them crouches and runs his fingers through the soil.
    "White man was here."
    "How do you know?"
    "We are speaking English."
  20. Like
    Demise got a reaction from Redro in Immigrants Visa (Spousal Sponsored)   
    Yeah that's weird, did she include a copy of her taxes and was there a financial cosponsor (yes I know there shouldn't be)? Does she have any kids? Any capital losses that'd decrease the Adjusted Gross Income or anything?
  21. Like
    Demise reacted to Redro in Immigrants Visa (Spousal Sponsored)   
    OP just had his interview for spousal visa. They now appear to have an issue with the I864. 
  22. Confused
    Demise got a reaction from Redro in Immigrants Visa (Spousal Sponsored)   
    Just file I-130/I-130A and if the question comes up down the line just explain that you misunderstood the process.
  23. Like
    Demise got a reaction from Lemonslice in What do you do after I-612 gets denied?   
    Can you get a no objection statement from your country's consulate? That's the generally easier option instead of doing I-612 for J-1/2 foreign residency requirement.
  24. Like
    Demise got a reaction from Crazy Cat in What do you do after I-612 gets denied?   
    Can you get a no objection statement from your country's consulate? That's the generally easier option instead of doing I-612 for J-1/2 foreign residency requirement.
  25. Like
    Demise got a reaction from Mike E in What do you do after I-612 gets denied?   
    Can you get a no objection statement from your country's consulate? That's the generally easier option instead of doing I-612 for J-1/2 foreign residency requirement.
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