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Posts posted by Brother Hesekiel
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I would assume that you are barred from the US for 10 years based on your extended overstay.
Of course, if you know for a fact that the USCIS did not have a judge sign off on this, you have nothing to worry about. Right?
You'll definitely know once you apply for a visa. Whether you go the K-1 or CR-1 route makes no difference.
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Not to worry, mate!
The first letter you (should have) received after mailing in the I-751 package is the NOA1. That's the extension letter. Only the second letter, the NOA2, is the biometrics appointment. Somehow you didn't get it.
Now . . . the NoA1 letter's primary purpose is to allow you to board a flight back to the US with an expired Green Card. If you live in some third world sh*thole and the turban-covered airline drone refuses to let you board, you pull out the NOA1 and have a spirited discussion until you bribe him. You, as a Brit, don't have that problem. At the POA, your extended resident status in in the DHS computer based. The CBP officer will scan your Green Card, take your fingerprint, do the eye probe, and then the screen will give him all the information needed. Airline employees in Mongolia do not have access to this information, hence the extension letter.
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Not sure I understand.
Your mother is a Green Card holder. She is in Pakistan.
In order to travel to the United States, Canada, or the North Pole, she will need a valid passport. If she has a valid passport ,she can fly straight to the U.S. Why would she want to fly to Canada instead?
The SB-1 is applied for at the US consulate. She can apply for one based on the problems with the Pakistani authorities. That's a LOT easier to establish in Pakistan than in Canada.
So the first thing she needs is a passport, and she can't leave Pakistan without one.
If it's over a year since she left, she will also need an SB-1 visa.
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Yes.
BUT . . . they will NOT get any non-immigrant visa to the United States again in their lifetime, so no B2. The only way they will ever be able to travel to the United States again is as an immigrant, based on an approved I-130 from her US citizen daughter.
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My suggestion is to bring your spouse with you to the appointment, unless he has to work. If so, it will send a clear signal to the I.O. that you two are still happily married, in case you are applying based on marriage, meaning before having been a LPR for 5 years.
L.A. sucks a bit, parking is $18, and oftentimes you wait for an hour outside in line before you even make it to the metal detector, so be there way ahead of your appointment and dress professionally. Bringing your spouse with you to the interview is a great reason to stroll at the diamond district afterward. You can walk over there.
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First, you'll get divorced. Thereafter you can get married to that German fella of yours. How you filed your taxes with your ex is of no concern for this. The consular officer may raise his eyebrows in light of the velocity you switch husbands, but that's about it.
Once you got married, you'll file an I-130 petition with the USCIS. It costs $420 and takes about 5 months to be processed. http://www.uscis.gov...00045f3d6a1RCRD
Thereafter the petition goes to the National Visa Center (NVC) in New Hampshire and they will contact you for the mandatory Affidavit of Support.
Since the US government needs to make sure that no foreigner becomes a public charge, every intending immigrant needs a sponsor. The form for this is I-864 and you'll need to make at least $18,912 after taxes, assuming you have no dependents, such as children and other ex-husbands, to qualify.
http://www.uscis.gov...form/i-864p.pdf
What they want to see is your latest US income tax return, filed jointly or alone doesn't matter. They may also want to see proof of your current income. If your income is not sufficient, you will need either a co-sponsor, or you can make up for it with assets at the rate of 1:3.
After that's been taken care of, the entire package goes to the US consulate in Frankfurt, and the American Frankfurters will ask your then husband for paperwork, a medical, police reports, and schedule an interview. If that goes well, he'll receive CR-1 visa (married less than 2 years) and has thereafter up to 6 months to "activate" it. He'll be a conditional resident the moment he meets you at the gate.
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You missed the earliest date you could have filed. That date was the third anniversary of your residency, as listed in front of your Green Card. You now can apply tomorrow, next year, 10 years from now, or 200 years from now. There is no deadline to meet. Your ability to naturalize ends when you die.
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The law requires you to state any and all citations. Period. You do not have to document those. In case you don't understand the meaning of documenting, here's an example: if you are divorced, the document for this is the divorce decree. So in N-400 terms you'd just disclose that you are divorced, but you don't have to bring the divorce decree.
That said, I had a ticket for answering my cell phone and the I.O. wanted to see my court file, just because. I.O.s have a lot of discretion, so not only disclose the traffic ticket, but bring what you have, just in case, to avoid a delay or an RFE.
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Your sister is an F4. But even if one of your parents petitions for her when the time comes, there is a HUGE question mark on whether she will be allowed to immigrate, based on her medical condition. If your sister will unlikely be able to work full time, pay into SS and become a productive member of society, the Affidavit of Support becomes secondary in nature and the sponsor basically has to prove that he or she can financially take care of the intending immigrant 'til the day she dies. We are talking millions of dollars here.
Law:
Age and Health of Prospective Immigrant
Both USCIS and Department of State are required to consider the immigrant's age, health, and ability to support themselves when making the public charge determination. This requirement is based on INA section 212(a)(4)(B):
Factors to be taken into account.- (i) In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's-
(I) age;
(II) health;
(III) family status;
(IV) assets, resources, and financial status; and
(V) education and skills
Only after considering these things, will DHS or DoS consider the affidavit of support:
(ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 213A for purposes of exclusion under this paragraph.
Both the Adjudicators Field Manual (DHS) and Foreign Affairs Manual (DoS) refer to the "totality of circumstances", and specifically refer to INA 212(a)(4)(B). Some specific references in the Foreign Affairs Manual:
9 FAM 40.41 N4.3 Family Status
You should consider the marital status of the applicant and, if married, the number of dependents for whom he or she would have financial responsibility.
9 FAM 40.41 N4.4 Applicant's Age
You should consider the age of the applicant. If the applicant is under the age of 16, he or she will need the support of a sponsor. If the applicant is 16 years of age or older, you should consider what skills the applicant has to make him or her employable in the United States.
9 FAM 40.41 N4.5 Education and Work Experience
You should review the applicant's education and work experience to determine if these are compatible with the duties of the applicant's job offer (if any). You should consider the applicant's skills, length of employment, and frequency of job changes. Even if a job offer is not required, you should assess the likelihood of the alien's ability to become or remain self-sufficient, if necessary, within a reasonable time after entry into the United States. (See 9 FAM 40.41 N4.7.)
9 FAM 40.41 N4.6-1 Aliens Subject to INA 212(a)(4)©/(D)
An alien who must have Form I-864, Affidavit of Support Under Section 213(A) of the Act, will generally not need to have extensive personal resources available unless considerations of health, age, skills, etc., suggest that the likelihood of his or her ever becoming self-supporting is marginal at best. In such cases, of course, the degree of support that the affiant will be able and likely to provide becomes more important than in the average case.
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No,
you don't need any documents regarding your marriage if you enclose the past 3 years' worth of tax transcripts. The key word here is "OR" but many people fail to deduct this properly from the VJ Guides.
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You have heard of cases where neurosurgeons had to remove half of the brain of human beings as it was basically dead, rotting away. Most of the people to whom this happened work for the DMV offices after recovery. (Those people whose entire brain was removed work for the SSA.)
What that means is that they have no clue about their job. They know nothing. They are drones stupid as a piece of driftwood, and if anything comes their way that they haven't done before, they fail miserably and consequently they give you a wrong information. What does that mean for you?
It means that you have to be informed. You need to know more than the people whose job it is to know this sh*t. So let me help you with your homework.
You are a lawful permanent resident, a.k.a. a Green Card holder. The moment you follow the process outlined by the United States government to extend your current, 2-year Green Card, you are in a processing pattern that due to bureaucratic backlog can take up to 1 year. For that reason, you received a letter from said United States government that extends your current Green Card for another year. Since you are dealing with the DMV, explain it as having a 2013 sticker on a license plate, and now you have a letter from the United States government that works like a 2014 sticker, just that you didn't get a sticker but a piece of paper like a temporary registration that is attached to the windshield of a car.
If the obese drone in the chair doesn't understand this, asks politely for the office manager and start over. Most likely you will only get a new driver's license for 1 year. Yep, sucks, by they are only giving you a license valid for as long as your lawful presence in the U.S. is verified. Once you have your new Green Card and your 1-year license is about to expire, pay up again and get a new driver's license. And round and round go the horsies on the merry-go-round.
Welcome to America.
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Good day to all of you. I don't know if this is the right thread to post this, but i wanted to ask if what are the procedures and papers needed. I am planning to get married to a German citizen. Right now, my status is CR-2. I was pentioned by my step father. I just got here last May 2012 and wanted to move out because of the problems i'm facing. I'm from Philippines and now, currently living in Arizona with my mom, step dad and sister. I'm now 19 years old, turning 20 this May. I would really appreciate it if someone replies to my topic. I really need help asap.
Thanks, Lorenzo.
Somebody gives you a package, smiles, and walks away. You open it and learn that it contains 1 million dollars. That's the money it takes to basically buy a Green Card via the EB-5 route which is the only route you could go without your step-dad's petition, unless you have a doctorate degree and international recognition in your field of expertise. Now you are asking if you are allowed to flush the million dollars down the toilet? Sure you can, go right ahead!
Get married to that German, move to Germany, and if the marriage doesn't work out you are back in the Philippines. As long as you know what you are doing, you are allowed to do that, sure.
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If you send a stack of papers "6 or 7 inches thick," men in white coats will come to your house, take you away and lock you up in a room with padded walls based on the fact that you are apparently insane.
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I've read the guides for adjusting status and I'm just wanting to confirm the process for adjusting status for my wife who came here on a tourist visa. Would I need to file both the I-130 and the I-485? And I'd need to pay $1070p plus $420?
The following forms are needed:
I-130 (Petition for an alien relative),
I-485 (AoS),
I-864 (Affidavit of Support),
2 x G-325a (biographic info for both of you),
I-693 (the medical),
I-765 (work permit—EAD), and
I-131 (Advance Parole—AP).
The latter two are optional but FREE when submitted concurrently with the other forms what you want to do anyway, so absolutely file them!
Also needed is a check for $1,490. Personal check is okay and preferred as it allows you to trace when it was "cashed."
After about 10 to 12 weeks your wife will receive a plastic card which now is a combination of work permit (EAD) and Advance Parole (AP). At about the 3 to 5 months mark, you two will have the interview. Thereafter she will receive her "conditional," 2-year Green Card.
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Google "I-9 form" and read everything thoroughly. Twice. If you do that, you'll be able to explain to me what meaning the documents in List A, List B, and List C have without stumbling or breaking a sweat. If you can explain this to me, you can also explain that to the HR department, pointing out that what they are asking you to do is illegal. I would do that very politely though, as, after all, you want the job.
Alternatively, you could comply with them and once you have the job, file a formal complaint against the offender, making sure he or she goes to hell.
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Yes, but only for two years. And the beneficiary can't file for an extension alone like it is with a 10 year GC. the sponsor has to cosign (assuming there was no abuse or blackmailing from the sponsor's side).
Nee, so issas nu' ma' überhaupt gar nich'!
There is no extension of a conditional Green Card per se. Since the condition of the conditional residency is being the spouse of a US citizen or permanent resident, both apply for Removal of Conditions (RoC) "jointly." However, since the U.S. Government realizes that sometimes a marriage doesn't work out, it is indeed possible for the beneficiary to successfully apply for RoC by themselves and get it approved. In order to pull this off, the conditional resident has to show that the marriage was entered in good faith. The documents needed for this are not different from the documents needed if both file jointly, however, in case of a pending or finalized divorce only 'til things went south.
RoC is not scary at all; it's just collecting stuff that accumulates during the course of the marriage. The only people who have to fear RoC are those who are not in a genuine relationship.
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Your mom can only apply for naturalization based on the fact that she has been a permanent resident for at least 5 years, nothing else.
She will have to list her absences for the past 5 years to the best of her ability. Her passport, flight tickets, boarding passes, and credit card statements (for the ticket or purchases made in the foreign country) may help her in doing that. I assume she took a vacation once a year, most likely to her home country, so it should not be too hard to nail that down.
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i applied for n400 while my i751 wasl pending. 3 months ago i passed the citizenship test and today i received my10 year green card.
do any of you know how i can proceed witm the citizenship application now? All i have is a paper saying i passed the test and my 10 year green card.
Thansk!
Although you most likely don't have to do anything, I would suggest you call the USCIS misinformation line and insist (politely) to speak with a Tier 2 immigration officer. Don't let the phone drone tell you that this is not an option.
Once you have an I.O. on the line, inform him or her that based on the filed N-400 the USCIS has finally finished adjudicating your I-751 and that you already have passed the N-400 interview and English/civic test and would like to make sure you are now in the queue for an Oath appointment. The I.O. will look that up on the computer and confirm your status or correct it accordingly right then and there.
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You fill out the back of the N-445 accordingly.
When checking in, an I.O. will have a look at your file, looks at your passport, then signs off on it. It will slow you down by about 2 minutes and only because the I.O. needs to make sure that you are still eligible for naturalization, in case you had been absent from the U.S. almost half of the time of your residency, which does not apply to you.
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Hi,
My fiance has arrived in the US on a K1 visa and we have been officially married in the US. Can she only take my last name as her last name after marriage or is it allowed for her to take my first name as her last name? Any references or examples would be appreciated.
Thanks!
No, like totally no.
Mike Smith marries Jane Doe.
Mike Smith can become Mike Doe, Mike Smith-Doe, Mike Smith Doe (no hyphen), or stay Mike Smith.
Jane Doe can become Jane Smith, Jane Doe-Smith, Jane Doe Smith, or stay Jane Doe.
That's it.
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Expect this to take up to a year. If your parents are old and presumably cannot work full time for at least 10 years and pay into SS during this time, expect then to either be denied immigrant visas or go bankrupt paying for their medical bills.
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Wrong question.
Here's the right one: name any reason why you would not allow your son to have a passport of his country, identify himself as a citizen of his country when traveling to it, and instead, expect him to take care of this himself once he is old enough to legally escape your fangs?
Phrased differently: why would you have your son play the American tourist when visiting his country of citizenship, instead of entering the United Kingdom as a U.K. citizen?
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If anyone here is in California please give my husband and I some advice on how to get his driver's license. He arrived in Dec '12 on K-1 Visa and his I-94 will expire in March. We has His SS# already but no card(it didn't come in mail and we had to go back to office to get #), still haven't received card and we had a difficult time trying to get his DL. We were told that he could take both tests, but could not get the license until he gets his green card, which may take anywhere from 3-6 months(if we're lucky) and by then the i-94 will have expired and so they couldn't issue it. Can he drive on his country's license until he get his license here or not?
Yes,
he can drive on his current license until he has become a resident and can prove it, or for up to one year max, whatever comes first.
How to travel with dual Citizenship ?
in US Citizenship General Discussion
Posted · Edited by Brother Hesekiel
As a US and German citizen, you leave and enter the United States with your US passport, and you leave and enter Germany with your German passport. Understand that this is the law in both countries, and it applies to identifying yourself as a citizen of said country to those who are authorized to inquire, and that's CBP in the US and the Bundesgrenzschutz in Germany, not the airline employees.
Passport usage for dummies:
Trip 1)
US ticket counter: US passport --> TSA: US passport --> boarding plane to Germany: US passport --> arrival in Germany--> German passport.
Trip 2)
German ticket counter: US passport--> Bundesgrenzschutz: German passport--> boarding: US passport--> arrival in the US--> US passport.
If you changed your name when naturalizing in the US (as I did), meaning you have totally different names in your two passports, then it gets a bit more exciting. If so, let me know and I'll add the twist to this in my modified Passport use for dummies directions.
Outside your two countries of citizenship, you can use the passport you deem most appropriate.
For example, if you fly to Israel, use the US one; if you fly to Iran, use the German one.
P.S.
When you said you'd be "able to keep your German" passport, I hope you meant you have a Beibehaltungsgenehmigung. Otherwise your German passport becomes worthless, even if you "keep" it.