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  1. Confused
    PaulaCJohnny reacted to valentinanola in Moving back to the US after the pandemic - currently in Italy   
    Hello everyone! 
    I haven’t posted on this forum for a while, so I will do a little recap of my situation.
    In 2016 I obtained a K-1 Visa while living in London (I’m an Italian citizen) to marry my now husband who lived in NYC. I moved to NYC in January 2017 and got married, we then had our first baby in August 2018 and in August 2019 we decided to go to Italy for about 6 months to allow my family to spend some time with our baby. While there, I got pregnant with my second baby and the pandemic hit, both our jobs laid off most of their staff and we found ourselves without a job to go back to, so we stayed in Italy.
    We are now ready to go back to the US but I am confused on the best way forward. Some people said I should enter on an ESTA and then adjust my status there, but I do not want to do that. Others have said that I should formally renounce my green card and start the process from scratch (with an I-130), others have suggested I file a DS-117 (application to determine returning resident status), but I’m afraid that won’t be applicable since my green card only had a 2 year validity.
    I would appreciate any input you may have, thank you everyone in advance for your help! 
  2. Thanks
    PaulaCJohnny got a reaction from Taweh in IR5 Visa 221g   
    Is normal. They will do their administrative work. Nobody can tell you how much will take, each case is unique.
    Which county?
    Your just need to wait. Is hard but is the only thing you can do now.
    good luck 
  3. Like
    PaulaCJohnny got a reaction from S86 in NVC requested extra doc and now is silent   
    Because every time you submit something you go to the end of the list.
    in 2019 mine took about 3 months each time that I need to correct something
  4. Thanks
    PaulaCJohnny reacted to Crazy Cat in How does an employee sponsor someone?   
    I would suggest the company offer a higher wage and try expanding their marketing range first.
  5. Like
    PaulaCJohnny reacted to milimelo in How does an employee sponsor someone?   
    The company needs to hire an immigration lawyer versed in employment visas. It won’t be fast or cheap. 
  6. Like
    PaulaCJohnny reacted to Chancy in Married before first entry (split) (merged)   
    USCIS will see that the date of your marriage listed on your marriage certificate is before your spouse petitioner's "Resident Since" date on her green card.  It's likely that USCIS will deny the petition due to your wife not being eligible to petition.  Worst case scenario is that USCIS will discover that your wife illegally used the visa to enter the US when it was meant for an unmarried derivative.
  7. Like
    PaulaCJohnny reacted to Chancy in Married before first entry (split) (merged)   
    I think you better prepare for married life outside the US as your wife was admitted to the US unlawfully if she entered as a married derivative beneficiary.  USCIS will discover that she was wrongfully granted LPR status, so she is not eligible to petition for you.
  8. Confused
    PaulaCJohnny reacted to Jubblee in Married before first entry (split) (merged)   
    My wife also immigrate to usa as  derivative but before 1st entry to us we have been married and now she also applied for me spouse visa
  9. Like
    PaulaCJohnny reacted to SteveInBostonI130 in I-751 Documents   
    Affidavits are very weak evidence.  Anyone can sign them.
    Better evidence are things like leases, mortgages, joint ownership, and anything that shows you are living together as a couple.
  10. Like
    PaulaCJohnny reacted to Mike E in starting an LLC   
    You can’t run one.  There is no point in setting one up if you can’t work. 
  11. Thanks
    PaulaCJohnny reacted to Lil bear in Returning Resident visa (SB-1) Denied, Please Advise   
    Is your Green Card not yet expired? Is it a 10 yr GC ? 
    If it is unexpired, then you should be able to  board the flight into the US.
    Expect significant questioning to follow if the CBP officer asks how long you have been out of the US.. some returning GC holders havent been asked at all but dont count in it !   Expect to be sent to secondary. Don't hand in  your GC. Expect pressure to relinquish your GC and sign the I 407 Don't give in to it .. politely refuse and request that you be referred to the Immigration court to have your case heard. Politely but firmly hold that line. Don't get dragged into discussion or debate and dont give more info than asked. Answer honestly but minimally. Take your chance to argue in front of the judge. 
  12. Thanks
    PaulaCJohnny reacted to Boiler in J1 to B2 - Please help 🥺   
    She had COVID for 8 months?
    As previously mentioned when she applied to change status she would have stated when she was leaving which I assume was some time ago 
  13. Haha
    PaulaCJohnny reacted to NatMar in J1 to B2 - Please help 🥺   
    Thank you all so much for taking the time to respond. I was fearing some of your responses because that's what I thought could be going on.
    I asked her and the reason she said it was COVID and that she could not travel because of that...
    Does anyone know if she's illegally overstaying while waiting for a response?
  14. Thanks
    PaulaCJohnny reacted to canadian_wife in J1 to B2 - Please help 🥺   
    What is your friend's ultimate goal?  This seems a bit like visa shopping for a person who is desperate to stay in the US.
    Good luck 
  15. Confused
    PaulaCJohnny reacted to NatMar in J1 to B2 - Please help 🥺   
    Good morning!
    I hope someone can help me as this is out of my scope.
    I have a friend who got here on January 19th 2020 with a J1 visa. She got an extension of her J1 in 2021 (new DS). 
    This extension expired on January 19th 2022 and she filed her I-539 Application to Extend/Change Nonimmigrant Status to a B2 on December 10th, 2021. She got her fingerprints taken in January 4th but hasn't received any response yet from USCIS. We are scared that she is out of status and overstaying here illegally.
    Her questions are:
    1.  Should she send a new request even though she's already past 8 months?
    2. Can she change to a F1?
    3. Is she illegally staying?
    4. Is her Ssn affected with any visa change?
    5. What are her next steps/options?
    Thank you so much in advance for any help!
  16. Like
    PaulaCJohnny reacted to Boiler in SUING   
    A WoM will cost you about 5k so assuming that is not an issue your only option other than waiting
  17. Like
    PaulaCJohnny reacted to Jorgedig in Any Options for ESTA visa extension?   
    ESTA is not a visa, and the length of stay cannot be extended.   Strongly recommend your MIL leaves before her 90 days is up, so that she doesn't risk her future ability to visit.
    And yes, if she only wants to visit and not yet move here, adjusting status/immigrant visa is not a good option.
  18. Confused
    PaulaCJohnny reacted to lasiyo in Getting married on ESTA visit and then applying for AOS?   
    I was informed by a lawyer that my Fiancee could visit on ESTA and then apply for AOS. Is this true or acceptable?
  19. Like
    PaulaCJohnny reacted to arken in Removing conditions on residency   
    Do not mail any documents/photos to the initial filing address. That's just a lockbox. It may never make it to your initial package. Your i751 is already forwarded to a Service Center by the lockbox. Just wait for the NOA1 and if you want you can send photos to the address mentioned on that notice.
  20. Thanks
    PaulaCJohnny reacted to Crazy Cat in Online N-400 completed and submitted (5 Year Rule)!!!   
    We just submitted my wife's N-400 online under the 5-year rule.  Let the new wait begin!!!  I really hope she gets a combo interview soon. They owe us a favor.
    BTW, filing under the 5-year rule was pretty easy.
  21. Like
    PaulaCJohnny reacted to arken in VAWA RFE   
    If you list here what exactly your wife told you or did to you for you to feel like you were subjected to violence, they you can get some good suggestions. What you have mentioned so far doesn't seem to be a violence but just your wife nagging (may be in a bit harsh tone) you  on what she wants you to do like selling the foreign house you said no and she pulled the plug. So wat did she actually say or do in a abusive or threatening way?
  22. Like
    PaulaCJohnny reacted to Jorgedig in Removing conditions on residency   
    You sent entire photo albums?
  23. Like
    PaulaCJohnny reacted to Jorgedig in VAWA RFE   
    Of course.
    But having lived with the alleged abuser is a requirement to self-petition for VAWA.
  24. Like
    PaulaCJohnny reacted to Family in VAWA RFE   
    Realistically your predicament now is no different than at filing . Did the attorney tell you it’s rough waters ahead. 
    Did you file I-130/ I-485 before filing I-360 ?  Am trying to find silver lining to this cloud of yours 
  25. Like
    PaulaCJohnny reacted to Family in VAWA RFE   
    IF I were to pick apart the story told at filing , here is a hypothetical pick-a-part on just one detail  , for the sole purpose of showing weakness, possible problems::
    On the one hand you say there was a “ grand wedding “ while also saying when wedding was planned you were not able to incorporate a “ religious ceremony “ …
    I of course read “ grand wedding “ as an event with guests ( parents of groom and bride present) or even a modest affair in a church , temple, mosque or pandemic garden quickie can / could include a religious minister/ imam/ clergy/ …etc. 
    Once you know parents of the bride , object to “ American Wedding “ and will “forbid “ their daughter to “ live with” new husband doesn’t it make sense that you have a Priest / Imam / Rabbi on speed dial? 
    In laws objection on religious grounds is also not credible because it seems they allowed daughter to take honeymoon style fun trips and be a weekend wife..
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