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drudolf17

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Posts posted by drudolf17

    Form i-864 - I have not yet filed taxes

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    Hello,

     

    I have a question regarding how to proceed with form i-864 with respect to question 6.23 regarding taxes (See image). I am a little behind on my taxes - I have not file this years nor last. These are my options for answering the question:

     

    1. Check "No", attach my most recent file from 3 years ago.

    2. File taxes immediately, check "Yes", file i-864.

     

    My question is regarding option 2: should I wait for the IRS to accept my taxes before filing form i-864, or is it enough to have postmarked them?

     

    Thanks in advance.

     

    PS: regardless of response, I will be filing my taxes immediately.

    tax.png

    Visiting CBP at airport, possibility of detention? (Fiancée overstayed visa) (merged)

    in Work Visas

    Posted

    Hello,

     

    My fiancée and I are going to airport CBP tomorrow morning to talk about a situation we are having with her H-1B.

     

    She unintentionally overstayed her visa, so technically she is not legally in the country.


    Is there a chance they would detain / deport her? We want to talk to an officer as a last chance before filing for nunc pro tunc.

     

    Thank you kindly.

    Visiting CBP at airport, possibility of detention? (Fiancée overstayed visa) (merged)

    in Work Visas

    Posted · Edited by drudolf17

    Here is our current plan:

     

    We are going to airport CBP first thing tomorrow AM. Hoping for the very slim chance that we see an empathetic officer. We will explain that:

    - Original H-1B was issued to 9/2022.

    - Upon re-entty to USA H-1B expiration was changed. Fiancee was not aware (but we are at fault of course).

    - Conflicting paperwork is ultimately what caused the confusion.

     

    Assuming that fails, we will probably expedite our marriage to increase the chance of successful NPT. Her employer attorney said USCIS does not like to "break up families" and us being married will increase our chances.

     

    Whether or not to stop work? The attorney said the only reason her continuing to work would be "an issue" is if the USCIS ask for request for evidence (RFE). In that case they would ask her last date working and she would have to admit she did not stop working.

     

    9 hours ago, Mike E said:

    I am going to be the contrarian here.  
     

    If you frequently jet to Cancun, while she is waiting for advance parole, it isn’t a good look with respect to proving bonafide relationship.

    Thanks - this is good to know. We have been together almost 6 years but I also don't want to give CBP/USCIS any reason to deny.

     

    5 hours ago, Coco8 said:

    It's going to be a lot of paperwork.

    We are grateful that her employer will cover the fee for an attorney (they are already paying for her to get a GC, but they also said they would also pay to change the case to a marriage GC). We are informing ourselves on the process in the meantime - albeit a minute too late.

    Visiting CBP at airport, possibility of detention? (Fiancée overstayed visa) (merged)

    in Work Visas

    Posted

    43 minutes ago, Rocio0010 said:

    The forms to be filed are 

    I-130,

    I-131

    I-765

    I-864

    I-485

    Appreciate this! Thanks for the advice.

     

    44 minutes ago, Rocio0010 said:

    She will get a letter upon receipt of the forms by USCIS, which will be proof of her authorized stay

    Will this also serve as work authorization?

     

     

    48 minutes ago, Rocio0010 said:

    Legally, she can. Any unlawful presence is forgiven for spouses of USC. However, this is not advisable.

    I just want to make sure I understand correctly. If we were denied NPT and had not gotten married, the receipt of authorization would serve as authorized stay. Would the letter of receipt of the I-765 also serve as authorization to work?

    Visiting CBP at airport, possibility of detention? (Fiancée overstayed visa) (merged)

    in Work Visas

    Posted

     

    10 minutes ago, Bajinga said:

    get married and file for AOS, like her employers team suggested both the overstay and illegal work will be forgiven once you file the AOS (I-485, I-130). I also suggest she stop working and file for EAD (I-765) and Advance Parole (I-131) as they will be free to file as part of AOS. She can start working again once the EAD is approved. Also, do not leave the country till the AP is approved.

    Thank you. Her legal team said the NPT decision is made in approx. 2-3 weeks. In that case, if she is denied she will still be able to remain as spouse / GC applicant? I just did a quick search and turnaround time on all of those forms is 4-14 months.

     

    If she is denied NPT and we are not married, can we still get married and file for GC before she has to leave the country?

    Fiancee's I-94 / H-1B Visa Expired - Need Advice to Reinstate And Avoid 3 Year Ban From USA

    in Work Visas

    Posted

    Thanks - and sorry for posting in multiple forums.

     

    The H-1B was issued based on a 3 year term. Apparently, the officer who issued this H-1B also issued an I-94 which was valid for 3 years (despite her passport expiring before the 3 years was up).

     

    Upon leaving and re-entering the country to visit family, she was issued a new I-94. This officer issued the new I-94 with an expiration which matched her passport. Fiancee did not realize that her I-94 and H-1B no longer had concurrent expiration dates, hence the situation we are in now :(

    Visiting CBP at airport, possibility of detention? (Fiancée overstayed visa) (merged)

    in Work Visas

    Posted

    Hello,

     

    My fiancee unknowingly overstayed her allowable presence in the USA. This happened because her passport expired before her H-1B's stated expiration date. My understanding is still a bit fuzzy, but I believe this resulted in her I-94 becoming invalid before her H-1B's expiration, resulting in the unlawful presence.

     

    Her H-1B expired in August, 2021 and her employer has applied for a "nunc pro tunc" (NPT) to forgive her oversight. As it has been over 6 months since her last allowable day in the country, I am under the understanding that a denial of the NPT will result in a 3 year ban from re-entering.

     

    Her employer's legal team has suggested we get married immediately and file for marriage-based green card. They said that unlawful presence is forgiven for applicants of marriage-based green cards.

     

    A few questions I am hoping to get some help with:

     

    1. If the NPT is denied resulting in a 3-year ban: Is there a way around this ban? For example, would being married in another country allow us to re-enter before the 3-year ban?

    2. If we do not get married and the NPT is denied: If we wait till after the NPT is denied and get married immidiately & file spouse-sponsored GC, would that still forgive the unlawful presence. In other words, why would applying for marriage GC now be acceptable but not after NPT denial?

    3. Although she has worked unlawfully for 6+ months, should she halt work now that she IS aware (until the NPT decision is made)? Would this make the case for NPT / forgiveness any stronger?

     

    Thanks in advance, please let me know if I can clarify any parts of the situation!

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