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EstebanTrabajos

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Posts posted by EstebanTrabajos

  1. that piece of mail may allow him to come back to the US because it shows he is not out of status nor on removal proceedings.

    The only reason why he wouldn't be allowed back into the states would be deportation or abandonment of status. He filed within the time frame and the letter states he made a mistake, that's why I told him he needs to come back ASAP to fix up the mess.

    People are allowed in the US on a daily basis after a prior interview and background check even with expired green cards or lack of green cards as long as they are NOT out of status.

  2. in your letter you said your wife did not let you know when you was supose to file for ROC ,

    this was not your wifes obligation it was yours to remember the timeframe to file you carry the GC not your wife ,

    so you cant blame your wife for that .

    why would you even travel knowing you will get a RFE by not sending the correct amount and filling without spouses signature, knowing your marriage is at limbo ? you should have stayed and sorted things with your wife ,

    but anyhow whats done is done i would seak advice from a lawyer speacialy since you got no NOA

    he is asking for advice not to be judged, we are here to inform and advice our fellow members not to start questioning them, we are not USCIS last time i checked. I don't see the point on reprimanding a member...

  3. Look ANYTHING that you can provide to prove your relationship was true you provide. It's as simple as that and schedule an appointment with USCIS, they won't deport you nor judge you nor anything else, and you will get a true answer to your problems.

    Besides, it's not that you abandoned your status, you sent your application, incomplete but you have proof that you sent the application within time.

  4. Your chance is good because your marriage was true, you HAVE the right to remove conditions with or without your husband; with if you are still married and both agree or w/o if you divorce BUT you need to prove that you entered the marriage in good faith. Photographs, statements from people that know you both and can confirm it wasn't visa fraud, mail from both parties showing the same address, emails from/to your husband showing that there is a relationship, problematic, but still a true relationship.

    Do not shot the plane down before it takes off, calm down.

  5. I would schedule an infopass appointment and explain your situation, normally when there is a divorce proceeding they will wait but you have to let them know. Problem here is that you haven't even started the divorce that's why you have to speak with them to get advice.

    Go to your local USCIS office and talk to an immigration officer, if you don't do anything they will start the termination process.

  6. You can file your taxes either way, this won't change the outcome. You can apply for removal of conditions without him as long as you have proof that you entered the marriage in good faith. The fact that he got another girl pregnant will matter to the officials and help your case. You don't have to stay with him in order to lift conditions don't worry. Since you just got your green card in May, i suppose it expires in May 2011 right? If you need to live apart for a year before starting the divorce, you can go ahead and move out. If you haven't completed the divorce process by the time you need to apply for removal of conditions, schedule an infopass appointment and explain the immigration officers your situation, bring a statement with you explaining the reason why you will have to wait before applying for yourself. They will understand and will not start deportations proceeding if you let them know that it's not that you are abandoning your residence but are waiting for a divorce instead, since you need a divorce decree to remove conditions.

    When the time comes to apply for lifting conditions, you need to have proof that your marriage was truthful, and also maybe ask friends to write affidavits of support and attest what happened with your husband and his extramarital affair that resulted in the pregnancy of the other lady.

  7. Hi All,

    I'm in the process of filling out all the forms for my wife's AOS. she's a F1 holder and currently living in the US.

    We got the marriage certificate and she has changed her last name.

    In section " C. Information about your alien relative.." on from I-130, should I use my wife's new name? Also,

    should I use her new name on all of other AOS forms as well if they're not asking for her maiden name?

    Thanks for your help,

    VT

    If she has legally changed her name do so, in some forms they also ask to specify other names used, so type her maiden's.

  8. Hi there,

    My husband was enlist through the MAVNI Program http://immigration.about.com/od/uscitizens...VNI_Program.htm and he is now on BCT (Basic Combat Training). He will be receiving his citizenship on the last day of the training and according to his recruiter I will be able to send the papers to my green card on the day after that, although I have some questions about sponsoring.

    I know that in order to be a sponsor my husband needs to prove the last 3 Tax right? But he never had his taxes done because we had never worked in US, we both are on student visa F1. So my question is how he will be able to sponsor me under this program if he never had his taxes done? We have money in the bank would it be enough?

    Thanks a lot :wacko:

    Priscilia

    Yes he will. He can send a letter stating the reason why he has never filed an income tax. As long as he is earning enough now to be a sponsor he can apply for you.

  9. Hi,

    I am a US citizen and my wife has 10-year green card. My in-law from Brazil wants to come to visit us this summer. In the past, they had applied tourist visa twice and the embassy granted them the visa both times without problem. However, each time they received 6-month visa. It is a hassle to apply for a tourist visa. I know some Brazilian or people from some countries have granted 10-year (or 5-year) tourist visa.

    Is there anything I can do on my end so that my in-laws can get a 10-year tourist visa so they can travel between Brazil and US with the hassle of applying visa each time?

    Thanks!

    That's up to the discretion of the embassy and/or the policy regarding the country of origin. For example, in Mexico wherever and IF you are approved for a tourist visa they have to give you a visa laser, which is valid for 10 years.

    It could be different from embassy to embassy

  10. If he is an illegal alien (crossed the desert, hidden or with a fake visa), he has to exit the country and apply for adjustment of status through a foreign spouse visa, if you marry him before leaving the US.

    There is a chance that he will be denied because he broke the law by entering the US illegally BUT he has a good case and could be pardoned. He can explain to the immigration officer of the US embassy or consulate in Mexico that he was too young to decide and his parents made the decision w/o his approval. He also has a US citizen daughter and wife who need her father/husband in the US as part of their lives.

    Either way, he cannot adjust status while in the US because he entered the country w/o proper inspection nor papers.

    2nd option:

    If he entered the US with a valid tourist visa and he happened to overstay, he can apply IN THE US and most of the times he can adjust status since marrying a US citizen gives him the right to stay, even if he has worked without a work authorization document.

    The way he entered the US dictates the process he has to follow...

  11. If he an illegal alien, he has to exit the country and apply for a foreign spouse visa if you marry him in the US.

    There is a chance that he will be denied because he broke the law by entering the US illegally BUT he has a good case since he can explain the immigration officer of the US embassy or consulate in Mexico that he was too young to decide and his parents made the decision w/o his approval. He also has a US citizen daughter and wife who need her father/husband in the US and to be a part of their lifes.

    Either way, he cannot adjust status while in the US because he entered the country w/o proper inspection nor papers.

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