OldUser

Based on what I see, it looks approvable. The only thing that may weaken the case is postnuptial agreement. In terms of managing finances, not every couple merges 100% of income, that's OK. Based on the fact you never had AOS interview, the chances of I-751 interview following the divorce are higher than usual in my opinion.

What OP probably means, H&R block screwed their taxes and OP owes money to IRS. I had exact same experience with H&R block myself. Since then I started filing taxes myself. No issues whatsoever. Yes, it takes more time, but I'm now sure things are done correctly. I'd submit what you have, and meanwhile fix taxes. After all, USCIS is interested in evidence of you filing taxes on time, which you did. Whether there were mistakes requiring refiling tax forms or paying some balance is another matter. I'd speak to IRS and set up plan if you can't repay the balance immediately.

They can, but you'll have to convince them. H-1B tends to be cheaper and a bit quicker than GC. Also, employers also realize that a lot of employees change jobs every few years. H-1B allows them to have you for up to 6 years, which probably exceeds or closely matches the time anybody typically want to work for them. In additon, it's a bit harder for employee to switch jobs on H-1B. Once you get GC, you're free as a bird and can leave employer any moment. H-1B is used to retain you too, while promising future sponsorship for GC. I witnessed it myself. Out of 10+ immigrants in previous work, only 1 got sponsored for GC. He worked at the company for 5+ years. Everybody else came and left on H-1B or other work visas, working only 1-3 years on average for that employer. For the same reasons, it's harder to get H-1B right after graduation. Companies want to evaluate the person while they're working on OPT.

Do you guys have bigger goals, like becoming homeowners? Or having an emergency fund in case if something bad happens to one of you? This is when joint savings account may be useful. You don't have go ditch your personal checking / savings accounts. My spouse and I found it rewarding seeing our fund for downpayment growing month to month over 5 years. And then we got a house. The coolest part was when the APYs shoot up and monthly interest income was pretty substantial. You can open a joint online HYSA now. Many banks offer it. You can can even get some bonuses with the first deposit. There's nothing fishy, you're just living life and planning ahead.

Freudian slip? I think children should get their immigration status sorted and visit her back in Mexico.

Despite of that I-485 got denied. You should have formally notified them to convert to VAWA via mail. The cleanest way is to file a new I-485 in my opinion.

Not directly. The usual route is: F-1 => OPT => H-1B => GC However, you should not have plans (intent) on staying in the US when applying for non-immigrant visa. Being dual intent visa, H-1B is a good option to understand whether you want to stay in the US for good or return back home and do something else. Right before you finish studies, you can get OPT that would allow you to work for some time in the field of study. If employer likes you, they could sponsor you for H-1B. A few years later, either same or other employer can sponsor you for GC.

I am sorry you found it offensive, I'm giving a warning so you don't get into trouble during your immigration journey. By no any means I meant to accuse you, but USCIS may if you give them an answer like this. Good luck!

Based on history, the OP probably came on K-1. But good question to make sure OP was inspected and admitted properly.

Yes, you can get married any time. Be careful framing your reasons like this, especially during interview. I hope you're marrying because of love, and not for immigration status? Marrying for immigration benefits is fraud.

AFAIK grounds for I-485 will be different, now that you're no longer married. I think a new I-485 filing may be required, with I-360. Just read instructions, you should have asked USCIS to convert I-485 within 30 days of filing for WAVA. Did you do that? https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-vawa-self-petitioner

Ok, but you gotta make sure your I-751 is not approved on the wrong premise of adjudicator thinking you're still married. This will lead to complications during naturalization. When is your divorce going to be finalized?

You're free to date other people, nobody can stop you. Quick switch to a new partner can hurt your case, of course. There may be a question whether your marriage was bonafide. How long did you marriage last? How much evidence of comingling finances and living together in marital union do you have?

Did you file change of address (AR-11)? This must be done within 10 days of moving.

It's the same thing. Yes, I'd put it in.

The easiest path is to wait until he naturalizes, then he can change the name as part of it. He won't need to update Indian passport as he would be renouncing Indian citizenship by law. A lot of headache solved. If he changes his name now, he may be struggling to update his name on Indian passport. Bot sure how open minded Indian officials are. Plus he would have to explain the name mismatch every time he travels on Green Card, to Indian authorities.

You may want to have a quick consultation with a lawyer to confirm this, but your parents should leave the US ASAP if they want to ever visit again.

Are you a US citizen? Are you parents planning to stay in the US permanently? That's one way of addressing it.

Visa validity is one thing. Once they enter, they cannot stay longer than 6 months. If they entered on May 1, and USCIS received extension paperwork after November 1st, they're out of status. If they entered on May 17th or later, they're still in status. Extensions take long time to be decided, sometimes a year or longer. If they get denied at that time, they won't be able to visit the US in the next 3 or 10 years. Even if extension is approved, sometimes it's approved retrospectively. E.g. by the time they get letter, it's already passed the date they're extended until.

This is a bad idea. Are they still in valid status? When did they enter the US? Why can't they leave on time? If extension is denied, they may lose their visa and even get 3 or 10 year bar for visiting the US

Resolution for @phillyfiler13:

I'd definitely apply when eligible. Be aware of such cases though:

Also no for me, that was at the end of 2021

This is a sort of thing I'm talking about: "To cut long story short. I over stayed my visa some years ago. I ended up with removal proceedings in immigration court. The case was administratively closed by a judge. Fast forward I applied for i485 with i765. My i765 got approved i have ssn. I later got this mail that said USCIS have no jurisdiction over my i485 I have to go to court to terminate my removal proceedings case with a judge and only the judge can approve my i485 at this point. My question now is my EAD still valid since there is no letter saying any benefits were stopped. " From: I will stop here since we're deviating from the original question.

Agreed, plenty of red flags in this case. Do not expect an easy approval @Abdi10