replaysports

On 9/22/2021 at 12:17 AM, Paps and Dawna said:

Hello everyone,

 

My mother’s petition was approved and we’re in the process of gathering all the documents needed. Unfortunately we’ve been having lockdowns back home in the Philippines which have been causing delays.

 

Is there a deadline/timeline for the family visa? Like if we don’t submit everything by a certain date, the application will expire?

How long did it take for the I-130 to get approved?

19 hours ago, Crazy Cat said:

If you are a US citizens, your parents can apply for adjustment of status IF they are CURRENTLY in the US.  However, they cannot leave the country or work for 6-8 months after submitting the I-485.  

Hello and thank you for your response.

Below is the full checklist required with the I-485.

I do have two (2) question in regards to the following:

• Inspection and admission, or inspection and parole documentation (unless applying for adjustment under INA 245(i)). For more information and examples, please see the form instructions;
• Documentation of immigrant category, such as a copy of Form I-797, Approval or Receipt Notice, for the Form I-130 filed on your behalf (unless you are filing your Form I-485 with the Form I-130 filed on your behalf);

1. Inspection and admission, or inspection and parole documentation: I am not sure what the first one is?! 

2. Documentation of immigrant category: In this case the I-130 should be able to be filed in conjunction with the I-485 correct?

FULL I-485 checklist:

Did you provide the following?

• Two passport style photographs;
• A copy of your government-issued identity document with photograph;
• A copy of your birth certificate. If it is unavailable or does not exist, submit other acceptable evidence of birth such as church, school, or medical records, and proof of unavailability or nonexistence;
• Inspection and admission, or inspection and parole documentation (unless applying for adjustment under INA 245(i)). For more information and examples, please see the form instructions;
• Documentation of immigrant category, such as a copy of Form I-797, Approval or Receipt Notice, for the Form I-130 filed on your behalf (unless you are filing your Form I-485 with the Form I-130 filed on your behalf);
• Form I-864, Affidavit of Support (if required);
• Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable);
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);
• Documentation regarding J-1 and J-2 exchange visitor status (Form I-612, if applicable);
• Form I-508, Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities (if applicable);
• Form I-566, Interagency Record of Request – A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status (only if you have A, G, or NATO nonimmigrant status); and
• Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (Supplement A) (if applicable).

Can I adjust status (sponsor them for green card) for my parents who are currently in the USA or do they need to go back to Canada first and then start the process?

20 hours ago, GodisGood12 said:

❌🚩 Filed under 3 yrs rule, still married, but I felt bad after changing my last name to my husband because my dad never 👎🏽 liked that idea and he is dead.
 

now I would love to take back my maiden name, but how is it going to affect my n400 approval? 
 

Someone said it might be a red flag 🚩, especially because we don’t have kids yet. 
 

please help. 
 

this thing is eating me up.
Thanks 🙏🏽 

So wait, does your mom have her maiden name?!

20 hours ago, art95 said:

We got our K1 visa in late 2019 and got married in Jan 2020 just before Covid hit. My wife is unemployed due to Covid and doesn't meet the i-864 income requirements at the moment so we have applied for AOS yet. 

That means I am technically out of status.

My wife's family lives in southern Texas and we live in Austin TX. I am very reluctant to go to south for a visit because I have no clue what would happen when coming back and getting into one of the many inland border control checkpoints.

 

Has anyone had the same situation (expired K1 visa, married with proper certificate and everything, but not applied for AOS yet) and tried to cross the checkpoints?

If so do you get a lot of investigation or you just have to prove you're married?

 

Thanks in advance

 

Edit: I am working remotely for UK in case anyone's wondering if I am burden on US economy .

Regardless you are out of status...

22 hours ago, Juaco said:

I have a conditional green card (CR6). My adult daughter (26) is also here in the US with an expired B2 visa (tourist). Her expired tourist is now 3 years old. I want to petition for her so she can get LPR.

 

Can I petition for her with a CR6 green card or do I have to wait for a permanent?

 

Do I use form I-130?

 

Can she stay in the US while the petition is in process?

 

How long does it take for her to obtain LPR?

You can not petition for a 26 year old child... must be under 21 and unmarried, since you are just a GC holder.

Regardless your child would have to go back to her country and not overstay her visitor visa else she would have lied to an immigration officer when she arrived here on her visa and then during future interview they would be denied based on lying.

50 minutes ago, Villanelle said:

 

Im not directing the following comment at either one of you guys- Im just shocked that people have this attitude. I understand where it comes from. Theres a general concept in law that illegal contracts are not enforced by courts (example I pay my drug dealer for 10lbs of cocaine and he only gives me 7. I can not sue him for the 3lbs he owes me. I cant call the cops and file a report about it.) Its that general concept that causes many immigrants to fail to report crimes. They mistakenly believe that since they are illegal/undocumented that means they are committing a crime so they are precluded from using courts or reporting things to the police or appropriate agencies.  Thats not accurate and is why many unscrupulous individuals take advantage of immigrants or target them in crimes...

 

Employment laws apply to everyone equally. You cant run a sweatshop and have it be OK because the workers are undocumented. You cant exploit people simply because they are undocumented. An undocumented worker has the same rights to safe working conditions and fair pay as a documented worker. Various federal and state laws outline such in more details and while the specifics may vary in different jurisdictions NO WHERE is it allowed to exploit workers for any reason- especially because they are undocumented. So yes, while it is true that someone who works w/o auth and the person who hires them are violating the laws but the concept that "I guess since we are both violating the law no one will help and the employer can treat me in any manner" does not apply

 

I am not an employment attny nor an immigration attny. If I was I suppose I could quote you more specific terminology then the quoted links from above. A quick (and often free) consult with an attny or even an anon call to the labor board will confirm such and they can probably quote you the applicable statutes that apply where you live. 

 

All this talk about the immigrant not being able to sue or report this or the logical thing to do is to just let it go is IMO wrong. First the employer can not deport her. If any law suit is filed (and it should be filed by the immigrant) the court will most likely rule the immigrant is entitled to pay regardless of her work authorization status. Penalties can be imposed on the employer who hires someone w/o auth. The penalties for one working w/o auth are mainly related to immigration and taxes and as mentioned as the spouse of a USC working w/o auth is not a bar to adjusting status. It can trickle into other issues- like have you paid taxes on the income you earned? IRS does not care if you earned the money illegally, you still need to pay taxes on it. I believe there is actually a line on the 1040 directing you to list any illicit income. Im not sure if the 1500 owed to the immigrant is the total amount earned or if amounts were paid and that is simply the balance due. The OP may also want to speak to a CPA about such and how to make sure its all reported correctly on their tax returns because again as said USCIS is not going to have issue with the unauth work as a spouse of a USC but will want to see taxes were paid.  Here is another link (also from CA) about how the same legal rights apply to undocumented workers - https://legalaidatwork.org/factsheet/undocumented-workers-employment-rights/

 

This particular situation is a bit more complicated then someone who takes a job w/o auth cleaning off tables at a diner or packing boxes in a large factory because its a nanny/babysitting job for an individual and as the OP already seems to have researched there are various issues with how that type of employee is to be classified and the tax obligations (for reporting/paying/withholdings) required by the employer in such situations.Here is a general link about nanny taxes - https://www.care.com/homepay/nanny-tax-guide  and also https://www.care.com/homepay/1099-vs-employee-why-the-difference-matters-when-you-hire-a-caregiver-1212110431

 

. Im not exactly sure what happened when the wife was hired (if work auth was ever asked for) but it seems presently the employer has spoken to their tax preparer and discovered the best thing for them (to avoid issues with improperly hiring someone and failing to follow the proper tax withholding requirements ) is to now attempt to correct it by getting the proper documents in an effort to 'backdate' it and conceal what actually occurred- which is the woman hired a worker and either failed to verify her work auth and/or collect the required documentation of her work auth. That is the employers problem.

 

Here are some additional links- https://immigrantsrising.org/wp-content/uploads/Immigrants-Rising_Working-for-Yourself-Guide.pdf

 

 

https://www.legacytaxresolutionservices.com/blog/i-have-an-independent-contractor-who-refuses-to-provide-a-form-w-9-what-do-i-do/164031

 

https://www.shrm.org/resourcesandtools/tools-and-samples/toolkits/pages/complying-with-i9-and-everify-requirements-in-the-united-states.aspx

 

https://s27147.pcdn.co/wp-content/uploads/tax-reporting-options.pdf

 

From the second link 

What Should You Do If an Independent Contractor is Refusing To Provide Their Social Security Numbers/EIN or Complete the Form W-9?

We always recommended clients get a W-9 completed and signed prior to any payments.  

If the payment has been made and the Independent Contractor is refusing to complete the Form W-9, take the following steps:

Attempt to contact the Independent Contractor by phone and inform them  they are required to provide the ID number or be subject to a $50 penalty for failure to furnish a TIN.  Inform the Independent  Contractor  it is your policy to file the Form 1099 with “refused” listed in the field for the EIN and SSN.
If no response, mail the partially completed Form W-9 with a return receipt requested.
If still no response, mail the Independent Contractor the Form 1099-MISC with "refused" for the EIN or SSN tax ID number.
If still no response, file Forms 1099-MISC with IRS .with "refused" for the EIN or SSN tax ID number.

 

Providing the job was actually something that should have been classified as an independent contractor there is a 50$ penalty and the employer needs to file the 1099 with refused listed as the EIN/SSN. Obviously the employer does not want to do this as doing so shows they hired someone w/o checking their work auth status or collecting the proper info at the start of employment. But again thats not the OPs problem. 

 

Personally I would not 'let this go'. The woman is looking for a way to avoid penalties due to mistakes she made in the hiring process and/or paying what is owed. I would encourage the OP to speak to an employment lawyer and/or a CPA about the matter and the best way to resolve it. An immigration attny can also be consulted but I dont believe they would have much to contribute besides confirming whats already been posted that working w/o auth is not a bar to adjustment as the spouse of a USC and the importance of the immigrant filing tax returns for any and all income received regardless of work auth. 

 

Where is the contract that proves what the hourly rate is, what is the number of hours that must be met to constitute overtime, and what rate the OT should be at.... how would the courts enforce this without any contract!? which is why you cant sue or contact the cops on your drug dealer either, unless you have the transaction documented and in the end you would both do to jail... so please ensure to document your next drug deal and go to the cops when your dealer tries to screw you!!!

Just make sure you come back on here and let us know the outcome!!! PLEASEEEEE!!!!!!

3 hours ago, Lemonslice said:

That's wage theft, contact your department of Labor. 

How is it wage theft if the person was not allowed to work in the first place!? 

I would love to see the contract they both signed that would prove that the wages was "stolen"!? 

On 1/15/2021 at 9:58 AM, izaksly said:

I came here at 7am , while I was waiting for the interview . There was a big crowd that was called for the oath ( this means that some people get sent home and scheduled the oath for another day)

 

also I passed the interview around 8am.  It’s 10am now and I’m still waiting for oath -> if the waiting time is 2+ hours , then my guess is there’s no chance you will get same day oath if your interview is after 2pm or 3pm

 

I have my interview next week 10 am. Were you called in right away for the interview or did you have to wait?

20 minutes ago, Chancy said:

 

You're right -- petition for U status does grant EAD.  But the petition must be approved first before EAD is granted, not a parallel benefit while the petition is being adjudicated.

 

From https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf --

"U-1 Nonimmigrant--(a)(19). If you are currently residing in the United States and your Form I-918, Petition for U Nonimmigrant Status, is approved, you will receive employment authorization incident to status and USCIS will send you an EAD as evidence of that authorization. You do not need to file Form I-765."

 

its 99.99% wont get approved.. this is put in place for illegal immigrants that were brought into the united states by human traffickers and are being abused to massive human trafficking rings and one of the individuals managed to leave and now will work with law enforcement to bring the ring down, and because they are illegal the U visa will make the individual feel safe that if they cooperate and help bring down the ring they will not be deported, and have a chance to LPR.

If every illegal immigrant that got beat up, even if more than once to a single individual is granted U Visas there would be tens of millions applications each year... at most this is a single domestic violence case where if the BF is convicted he can go to jail, but the female is still illegally in the country and could/should be deported. 

4 hours ago, Mollie09 said:

 

To those saying the marriage is legit regardless, I wouldn't be so sure. The lies were on the marriage license/certificate as well.

I'm with you... I hope he gets deported... he should have never been here in the first place since he came here based on lies...

4 hours ago, Ray.Bonaquist said:

This is quite common in the immigrant community from west Africa. I have also examined district court documents covering several cases of such fraud. Unfortunately it is the beginning of a shipwreck.

 

All I will say is get a great immigration attorney but don’t get your hopes up. For encouragement I know of at least two cases where immigrants were convicted of marriage fraud after becoming citizens and although the citizenship was revoked, immigration declined to pursue revocation of the permanent residence. Those are different from your case however I cite them as evidence that it is not over until it is over, although your case indeed appears quite hopeless.

So your making the statement that its common for immigration fraud from people in West Africa... and then people take shots at immigration scrutiny for countries like this!? I for one am happy that they scrutinize those people and should continue to do so... and remove anyone that used fraud to gain access into America!! 

14 hours ago, afry2021 said:

I am a USC married to a man from ghana in 2019. we filed for I-130, I-485 etc and after some months of submitting his paper-works to USCIS, he eventually got his EAD and starts working. This guy support me in everything that requires finances (including my bills and rents), help with my crippled daughter and I was diagnosed with type-2 diabetes which makes my health to get worse everyday. we got notice for his AOS interview in Chicago local office and after few month of waiting we got reply that my husband need to authenticate the divorce certificate he presented from ghana (NOID). At this point my husband opens up to me that the divorce cert was fake that he is never married back home and that the son he told me he had was a lie too. he told me this was the lie he presented in ghana to get visa to come here.

Now my major concern now is he presented this same fake certificate in the court to get married to me and the fake son's name he claimed is on our marriage license. Now he is ready to tell the USCIS the whole truth and not cover more lies.

My readers, what should we do ? what are the implications of this on his chance of getting his green-card? Are we still legally married if we inform the court house? because without this my husband, myself and my daughter we're doomed.

Every reply and contributions will be appreciated.

Then they wonder why some countries have stricter scrutiny...  

Long gone are the days of "Ask not what your country can do you for... but what you can do for your country"!?  Welcome to America! 

17 hours ago, pepper44 said:

Hi there, 

I've been married for 3 years. I recently found out that my husband lied on the initial I-129 form by not indicating he had a child while him and I were in the VISA process. I then recently found out he has been having an ongoing relationship with another woman in his home country that is now pregnant again. This is the woman he just got out of a relationship with when we met.. or so I thought. It seems he has been with her the entire time. He has probably lived in his home country more than he has lived here in the USA during the 3 years. 

 

I found out about all this last month, and kicked him out of my house. Now he is demanding his green card. It seems he plans to have her come here once his Removal of Conditions is complete. I am not worried about that because he has not worked a single job while here. 

 

I know the Removal of Conditions is his petition and there isn't much I can do but he is still on the extended 2 year green card that I am the beneficiary. 

 

I am looking for guidance on what is the best route to take. I've read that I can submit a fraud claim online, but is there anything I can send in with my evidence of the false information he put on the original K1 application and then again on the AOS application by not including this other child, which would have clearly shown he was not committed to me because the child was born in July 2016 and our interview for him to arrive here was in November of 2016. 

 

We also had an initial k1 visa from 2015 that was denied because I was not present. So it's not like we were not together. He had his BIO appointment for the I-751 in Feb. 2020 and left the states in March 2020 and returned last month. So he was gone for 9 months and then when he returned because he knew he would lose his status if he stayed out of the country for a year. this is when I found all of this out. 

Keep seeing this more and more... so sad, and people say immigration fraud is made up...

10 hours ago, coforever said:

Hi there, sorry about your loss and I empathize with you in this situation. Also with all you explained here that you have been through over the years it is easy to yearn for someone’s attention and easily confuse it for being in love,not saying you are not in love or loved back.but matters of immigration is better to go into it with eyes wide open.

 

My advise like others have said ,don’t for any reason marry someone you haven’t spent time with in their home and met his people(family and friends ) Get to know this person properly before committing yourself .Even if you get to see him now the process with this COVID backlog will still take nothing less than 8 to 12 months 

 

Immigration is a very expensive journey even with a joint sponsor, 

 

Just a few mins ago I read on this site of a woman that said the husband has a wife and kid all the while they are married and I felt so sorry for her, this is the reason I always advise people going into it to make sure they do all due diligence(your own investigation ) and convinced without doubt to avoid regrets. Though one can’t know it all.

 

I'm with you... never met the person in person and they are already in talks about marriage... thats insane! ITs like the threads you read about in 2-3 years later about the immigration fraud after...

12 hours ago, Ayrton said:

Until they fix the return, the total income on it is 44k. The 864 doesn't ask how much money he made last year, it asks what the Total Income line on the return shows.

 

USCIS is not going to ask IRS if the number is correct (which would be correct, since it was his mistake). They are only going to compare what you wrote on the form and what's on the transcript you gave them.

 

 

They could and will ask for Tax transcripts, and when the IRS finds out the error and issue the penalty and fines for under reporting, they need to be in good standings for immigration, esp. when applying for citizenship! They do not allow tax cheat to become citizens. 

12 hours ago, TheAmelie said:

Yes we are fixing it, we are trying to get in touch with the tax agency which screwed this taxes. 
I have no idea how he did that, I guess he got everything printed out and just left the place lol and now he took out his documents and he saw that there is 44000 instead of 98000 on his return. Idk why these people didn’t count one of his w2s, I guess they’re not professional. 
 

so should I go ahead and put 44 000 on the forms or wait till we fix the issue? 

How does your husband sign the paper work and not know there is a huge discrepancy in his income!? First of all the first red flag should have been the amount of the refund or payment he would have to receive/pay... didnt he see it was wayyyyy off from last years taxes!? He will or should get audited and the penalty and fines (interest) should make he pay much more attn the next time! 

11 hours ago, JFH said:

I agree with the stimulus checks. You can send your husband’s to me if he is going to have a moral struggle to accept it. 

Ahhh immigrants and the always need to stick their hands out for donations...

16 hours ago, Chancy said:

 

Not true.  The stimulus check is a tax credit, something that eligible taxpayers are entitled to.  It is not a publicly-funded benefit like food stamps that casts doubt on someone's financial capacity.  Stop with the fearmongering.

 

Not publicly funded!? Where do you think the money is coming from... GOD!? The tax payer will be footing the bill... everything is publicly funded.. always!!

3 hours ago, DB9 said:

 

Thanks, I really am trying to do just that. I actually started this topic to get the address to send my documents, but with all the comments, no one has been able to do that. 

Dont feel bad... there are prob thousands that have been scammed for green cards each year.

4 hours ago, Orangesapples said:

It's not that weird. The rates are super low right now and everyone is refinancing or buying. With so many mortgage applications mortgage companies are overwhelmed (and maybe hiring new and inexperienced people), mistakes like this happen. 

 

BTW, I've applied for a mortgage 3 times now with 3 different companies and somehow they all knew I was a permanent resident each time and asked me for a copy of my green card (I never told them) while they didn't ask my husband for a proof of citizenship. No idea how they knew. 

Its called a credit check....

18 hours ago, Badiou said:

Hello all, I am legal alien with work visa. Found an error on the mortgage application that bank had checked U.S. citizen for me. It was before closing. I asked the bank to fixe it. The final information on the loan were correct when signed. 

I'm just wondering if the original wrong form would be considered false claim to USC at all.

Hope I'm just overthinking. This cannot be considered a "claim" in anyway, right?

 

Thank y'all!

 

This again....!? Search the forum... take a chill pill!!!

17 hours ago, Boiler said:

Serious, why I think she should be at the interview with plenty of subsequent relationship evidence, has 4 months in 2021 and whatever in 2022.

The CO will have the following timeline:

1. applied for K1

2. withdrew based on letter stated the petitioner did so in fraud

3. Applying for spousal 

Good luck with that... it will be a miracle of God if you get approved IMO!!

So I called and got my actual date for the naturalization interview, which will be Jan 25th.