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waitingforastar

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  1. Like
    waitingforastar reacted to SusieQQQ in As a permanent resident do I have to wait till my fiancé's I-130 is approved before filing her I-485?   
    Well I and others responded to your prior questions about this as (you said) did other attorneys you spoke to. You seem to have ignored all that 🤷‍♀️ 
  2. Like
    waitingforastar got a reaction from Mike E in Problem with permanent resident marrying 0-1 visa holder (June Bulletin & F2A Status)   
    Hi, I am a permanent resident and I am marrying my fiancé next week who is an 0-1 visa holder—her visa expires on August 1st. Last month, several lawyers told us that my fiancé could legally stay in the United States as long as we get married and file all the necessary documents including her green application (I-485) and the I-130 before her 0-1 visa expires. Today our lawyer said that a new June bulletin just came out saying that there are no more green card applications available (I-485) and that my fiancé would have to wait for 21 months in order to apply for her green card and thus she cannot legally remain in the United States after her 0-1 expires even if we are married and file everything on time. My fiancé would fall under the "F2A" category but I cannot see how things have changed since the May bulletin since the F2A category status is still listed as "C" as in current. I just spoke to another immigration lawyer who tells me that my lawyer is incorrect and that nothing of the sort has changed. If someone can shed some light on this new June bulletin and my situation, I would appreciate it so much. Thanks!
  3. Like
    waitingforastar reacted to SusieQQQ in Problem with permanent resident marrying 0-1 visa holder (June Bulletin & F2A Status)   
    Firstly, it would be one month not 21 IF you had to stick to that date, but as chancy already posted (and you can find it yourself from the link above the table) you can file immediately. Please find a lawyer who understands how to do this process properly. This is a basic, basic error, I’d hate to think what else they’d get wrong.
  4. Like
    waitingforastar reacted to SusieQQQ in Problem with permanent resident marrying 0-1 visa holder (June Bulletin & F2A Status)   
    Btw you are, I presume, aware of the limitations/restrictions your soon-to-be-wife will face regarding work and travel during the AoS process?
  5. Like
    waitingforastar reacted to SusieQQQ in Problem with permanent resident marrying 0-1 visa holder (June Bulletin & F2A Status)   
    Well, you did also say 
    Tbh I’m also confused why your lawyer would say that. Nothing has changed...yet. 
     
    I’m also not sure it’s relevant but it caught my eye when you said the lawyer said the June visa bulletin “just” came out - it’s already been out for a few weeks. The lawyers all knew - or should have known - what the June status was since around mid-May.
     
  6. Like
    waitingforastar reacted to SusieQQQ in Problem with permanent resident marrying 0-1 visa holder (June Bulletin & F2A Status)   
    Wow. Please get a new lawyer. You are correct that June VB shows current for F2A and as Chancy points out this means AOS applicants can use the C for filing.  There is always a possibility this changes for July or August (even though it’s been current for so long) so do get the application filed during June to ensure it’s all ok.
  7. Like
    waitingforastar reacted to arken in Problem with permanent resident marrying 0-1 visa holder (June Bulletin & F2A Status)   
    Nothing has changed between May and June. You can send her AOS package along with i130 after marrying this month.
  8. Like
    waitingforastar reacted to Chancy in Problem with permanent resident marrying 0-1 visa holder (June Bulletin & F2A Status)   
    Here's what USCIS says -- https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin
     
    In the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category may file using the Final Action Dates chart in the Department of State Visa Bulletin for June 2021.
     
  9. Confused
    waitingforastar got a reaction from NandV in N-400 rejected after strange RFE - Help?   
    Hello. I'm wondering if anyone has some insight into my situation. I am a green card holder and I applied for citizenship for the first time in October of 2018. My interview was scheduled for September of 2019 and during the interview, I was asked why my mother was not a citizen (my father has passed away). My mother just never ended up applying for citizenship because she never felt she needed to but my older siblings did apply and were all naturalized before me. The interviewer was dwelling on this and requested that I provide pay stubs or a W-2, proving that my mother continued to work for her sponsor employer after she was granted permanent residency in 1993. I told him that it would be difficult to track down such documents from almost 3 decades ago but he insisted that I needed to find them. I passed the civics test and otherwise everything else about the interview went fine. So after the interview I was sent an RFE and I didn't know what to do. Tax records from 1993 don't exist anymore and the pay stubs are long gone as this was almost 30 years ago; the person at the tax institution laughed at how ridiculous the request was. I contacted several lawyers who were really surprised that I was asked this because it seemed incredibly unreasonable. Ultimately, I ended up providing a sworn affidavit from my mother saying she had worked at that time and I sent this in for RFE but ultimately my N-400 was rejected in October of 2019. I want to reapply for citizenship this year but I wonder how to navigate through this issue because it's on my record and I have almost no way of proving this in a manner that would satisfy them. Any advice would be much appreciated because I'm so lost.
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