diadromous mermaid

The timing of her acquisition of US citizenship is important. When parents become naturalized U.S. citizens, their minor children with green cards gain U.S. citizenship automatically, since children under the age of 18 cannot normally apply to become naturalized U.S. citizens on their own.

Thanks for the reply. Yes, she is a US citizen.

The removal of conditions on the permanent residency doesn't apply in this case, since you never adjusted status from non-immigrant to permanent resident yet. Submit the AOS package, and stay put, don't leave US soil, until the decision has been made on your case.

Thank you very much for replying. I already wrote to several attorney's offices to at least get a free consultation on the matter. The AOS package is ready to be sent, but I don't know if I should just send it to get the conditional GC even though at this time I should be applying for the removal of conditions.

What is his mother's status. Is the a US citizen?

My aunt who is a US citizen, successfully petitioned her son in the Philippines. However, after staying in US for a couple of years, he decided to go back to Philippines. It's been 7 years already since he abandoned his residency. Now he's 20 years old and wants to go back to US. Does he need to apply for re-entry or his mom needs to start all over again and petition him again? If he has to start all over again, will it be I-130?

Check with a divorce lawyer, but I believe that even though Illinois rcognizes no fault grounds, you still have to be separated for 2 years before a judgment of divorce can be granted.

HI Visa-Journey

I want to know that can i remove condition after divorce? in my case. I married to my second husband after my first husband's death it has been 3 years after my second marriage and like 10 months here in U.S.A with my two kids from my first husband. I am on cr1 visa. i don't know my kids visa but they were not adopted by my husband. Now he wants divorce we live in Illinois which is no-fault divorce state which I guess is that if he wants divorce he can get without any reason right? He and his mother always mentally torture us and he always get angry at small things. my first son is 15 years old and my second son is 6 years old. I don't have any relative from my side. He doesn't have job and i think he don't want to do any work. I have a job and i am also paying TAX which can be shown as "good faith" evidence am i right? he has shown me the divorce paper but i am refusing to sign. i want to live because i like it here now and my Kids also wants to live here but my husbands want us to leave and i and my kids have 2 years GreenCard. i have to go court in 2 days and I don't no anything about here? please help me how to remove the condition.

I would appreciate any information.

Hey all.. precisely I went to US in K1 visa got married but things turned out to b worst.. n ma husband threateningly and fraudulently forced n dropped me back here home in ma homeland. Anyways.. da question is dat now as I am in ma country ..Can I file for divorce n VAWA togetha? I ve already wasted years in compromising for this one way relation.. I dun want to waste ma time more!! da otha thing is dat as I forcefully came her I didn bring anything wid me.. neitha any certificate nor any prove of accounts n all.. stil i had few things in purse which can show our relation but no prove of abusing there in US..? in dat case how should i move ma case further to make it strong?

If you arrived on a K-1 and have only been in the USA a period of 5 months, and are now back in Pakistan, of what value is the VAWA petition? Why would you want to/ or consider returning to the USA ?

Try to file to remove conditions on your green card jointly with your current wife if at all possible. If she refuses, make sure you have sufficient evidence of a bona fide marriage and then self-petition with a waiver under the grounds that removal from the USA would cause you hardship; hasten to get divorced and then replace that waiver (which will undoubtedly be denied if adjudicated) with one on the grounds that your good faith marriage terminated in divorce, once the decree is avilable. All other advice is risky, in my opinion.

this may sound like common since but stop all filings with the go't and tell them you are going to divorce her and give all reasons. no matter how painful they are.

give them heads-up on this. that way your in clear and she will be out of status!!!

also contact all credit agencys transunion, equafax and so on and put a block on your credit so nobody can open any line of credit with out calling you direct and ask you if you did this.

also idenity theft notice on them may help also. if it is going to go bad it may go realy bad if it is a scam on k1 visa

Falsifying a criminal report, as in a false claim of identity theft against an alien, is NOT wise advice. There's been no fraud alleged. The OP simply said divorce is the recommendation. People, where are your scruples and ethics?

I met a woman in South America about 1.5 years ago, and after visiting her 6 times I decided to get her a K1 visa. We married 70 days in to the K1 Visa. Our Wedding was in the summer of 2009. She's been showing a much darker and disturbing side since our marriage (all I'm going to say about that), and divorce is the correct thing to do. I am confused on what the process is. I live in NC which requires 1 year of separation. However I don't think she can stay here, since she has not yet been successfully processed for a Green Card. We began the process but her Medical Exam from Peru was rejected, and we are in the process of re-doing that in the USA. What are my options? Putting her on a plane home is easy but then how do I ever get the divorce finalized?

If there is no adjustment of statyus application pending, then simply proceed with the separation.

Either one of you can file for divorce, status doesn't matter. Divorce is a civil matter, so as far as that's concerned USCIS doesn't care. And there's no problem with her just going back to Taiwan and abandoning AOS.

Better to apprise USCIS of the change of heart than to just abandon the process, if the alien comes from a territory where tourist visas are required, if there might be future plans for a visit to the US.

She was out of status as of March 15th, but continued to remain in the U.S. and work illegally until she self-petitioned under VAWA in May. She received a free divorce attorney as well as a free immigration attorney. It was actually better for her to falsely claim to be a battered spouse than it was to remain married, she received many more free benefits and services, and got work authorization and the GC way faster. VAWA is the way to go.

I didn't know someone who's marriage lasted 5 months, was out of status, therefore illegal and without a 2 year GC can adjust through VAWA. I thought VAWA can only be used to remove conditions, not to obtain the GC for the first time.

Most VAWA petitions require only that the alien demonstrate that there was abuse, and that the marriage was bonafide. (I say most because there are a couple of extenuating circumstances of abuse that do not require that the alien show the marriage was bonafide, but they clearly do not pertain in Merrillizer's case). Now, since Merrillizer withdrew his support of her initial AOS and was seeking an annulment, he was asserting that the marriage was not bonafide. However, reverting the annulment case to a simple divorce, he basically permitted her to proceed under VAWA, as long as she can effectively demonstrate abuse.

If you choose to report him, choose ONLY to report that which you know to be a fact and true. Otherwise you dilute any impact you might have. As I see it, you are intending to report information which, at best, is speculative, when you have personal experience which is not. If this person approached YOU to marry in order to evade immigration laws, that is not speculation. Why worry about what arrangement he has with another, when your own past relationship with him could shed light on his true motivation?

This is nothing new..... this is a clear case of identity theft.

You seem close to this person and his family. With everything you know, looks like you still communicate with him.

I agree with everyone, report him before its too late. If you think he successfully got his green card, he's prolly using he's real identity now.

Unfortunately I can't write this person out of my life...I have to maintain a certain level of communication with him; however I will report him for abusing the system. He has not only abused the system, but has been conning and coercing people to support his cause.

We don't need another person here that is doing that, life here is hard enough.

So there is NO circumstance whatsoever that can make you cut off all ties with this guy?? The only thing i can think of is if you both have a child together etc. But look, its none of my business why you can't, i just really feel bad that you are associated with someone who is willingly and disdainfully committing fraud. It seems to be weighing on your mind. Everyone here has given the best advice possible, you need to contact ICE or USCIS (not sure which one specifically) and report him.

LIke one of the other posters wrote, how do you know he is not using YOUR SS no. or a friend/family's??

I know all of us on here who have gone thru the long process of doing things legally and had the satisfaction of being able to live in this country as free men and women get frustrated and angry when people commit visa fraud. I know that if i was in your shoes, i would be calling the appropriate numbers to report him. plus, YOU don't want to be accused of harboring a known fraud, it could affect you and your family.

those are my thoughts...

Yes, and I have given it long thought to the effects that it may be on our child. But I suppose he should have thought of that before breaking any laws, and no he's not using my information. I check my credit reports on a regular basis and he has no access to any of my other family members or even the personal information of our child....

I already decided that I will report him. I was just asking if it did seem as if he had broken the law based on the information I gave...

Thanks

For self-petition to remove conditions? At such time that you have a divorce decree you will submit a waiver of the joint application and accompany it with evidence of the bonafide nature of your marriage from the date you married until the date you separated or longer if you accrued evidence after that.

So, not sure if you guys remember my situation. But, the wife sent me the divorce papers and I signed them, and sent them back to her. Pretty much, heartbroken and very lost. I can only say truly, that I've only loved one woman so far, and it was her. She wasn't happy, and I wouldn't want her to continue to be with me if she wasn't.

Got the greencard in May 2008, and upon my return from Canada in August, she wanted to separate. So, on December of 2008, we separated. Do I need to give evidence only from the period of May 2008, when I got the conditional, through December 2008?

Thanks guys. Blue skies ahead.

It doesn't matter except that in a case where it might be a protracted divorce, and a case where divorce proceedings could extend well beyond the 2 year filing deadline for the I-751 to remove conditions. Bear in mind that if the alien misses the deadline, he or she must be able to demonstrate that he/she is not at fault for an untimely submission of a waiver. If the USC is the one to petition for divorce, USCIS recognizes that an alien is not in control of that, and it could occur a day before the deadline and the alien would have little control and no fault in suddenly being placed in a position where a joint petition is no longer possible, yet a divorce decree will not be available for some time. It's for this reason that if the alien is the one to petition for divorce, he or she note that it has to be wrapped up and a decree available 90 days prior to the expiry date on the GC>

While someone have a conditional green card for about a year and the marriage is falling apart, does it matter to the USCIS who files for divorce? I mean is it bad if the GC holder files? What's the best advice you can give to someone who is a conditional GC holder and his marriage is simply incurable?

Thank you.

You'd need to demonstrate sufficiently that removal from the USA would pose severe hardship upon you. Not just financial all though that could play a role, but that you would not be able to reassimilate. This is very difficult to demonstrate unless there is reason to believe that your life might be endangered in being forced to leave the country. That being said, this filing is simply to fill in the gap until you can replace it with a slef-petition based upon a bona fide marriage that terminated in divorce. Knowing that the first submission is likely not to hold water, it's important that you are expeditious in terminating the marriage so you can submit one that will pass muster. Supporting the assertion that the marriage was legitimate, you'd need to supply evidence that you shared a life together, lived together and commingled both social and financial lives.

What documentation do I have to send with my I-751 "extreme hardship" waiver ???

Once I get my final divorce decree...

How do I replace the "extreme Hardship" to bona fide??

If you await a time after the expiry of your conditional green card in order to submit an application to remove conditions alone, you will effectively lose your ability to work, as once your card has expired and you are not able to extend the validity period of the green card by way of an NOA, then you would have difficulty showing your employer anything for re-verification purposes.

In cases like these, and if you can swing it, either consult with an attorney on his/her recommendations, or "wing it" with either:

1. Notifying your local office and Service Centre that you are in the throes of divorce and that it is scheduled for completion by such and such a date. This places USCIS on notice that you would submit a waiver before the deadline, were it not for the fact that you can't and that reason is through no fault of your own.

2. File a waiver NOW, citing that removal from the USA would pose "extreme hardship" for you, and withdraw that and replace it with the waiver citing good faith marriage that ended in divorce, when the divorce decree becomes available.

Once your application is received, you'll get an extension of the valdiity period for your green card, work authorised, incident to that status, and can then breathe more easily while you wait for the decree to be issued.

Yes, I am working...

Are you working right now?

Hi!

I am on the 90days window to apply to my I 751 waiver but on the state that I live in I do not qualify for a divorce yet(not until October which by then My GC will be expired).

What kind of documentation can I attach to I-751 waiver to show that divorce is pending. I have few emails from my attorney, letters from my attorney to my ex-spouse attorney, a Marital separation agreement signed by me and my witness. Will that work?

Does anybody can help me??

The OP would be well-served to also realise that this "issue" not only impacts immigration and his ability to demonstrate satisfactorily that he can meet the terms of the Affidavit of Support, but also plays a role in any potential sale of his "entity" down the road. Reducing business net profits by any and all available tax write-offs to save the requisite tax, while perfectly legal, can have a negative effect when determining an "entity's" value at sale time.

What was the filing date on the I-130 petition your father originally filed for you? (Day, month, year) What date did he naturalise? (Day, month, year) What was the date on the approved I-130? (Day, month, year)

Month and date in 1982?

diadromous mermaid "What is your birthdate?" 1982

What is your birthdate?

I am actually terrified to the fact that I may be facing a removal proceeding. I was on legal status when my Father filed for my petition and even filed for an extension. Not intending to go out of status, I seeked legal counsel and hoping that I will get an approval within that time frame. But the immigration took 4 years to process my I-130. And I waited another 4-5 years to be able to file for an adjustment of status, hopeful through all these years of wait, only to find out due to the gap in their system guidelines I would be denied. There is certainly a gap in their system, and that is not my fault. Because if their guidelines meet in all areas, I wouldn't be put in this position as well as many others whose in the similar situation, and we would've been on legal status already. I suffered through these years trying to pursue legal status and due to all the significant time of delay I grew up unable to establish myself because I've already gone out of status just waiting. Deprived with so many opportunities. I put my life on hold for 9 years, I wasn't able to get a real job and wasn't able to pursue my education because I didn't have the documents. Within that 9 years I would've been a doctor or something else already. But even through these years of neglected status I have not seeked nor spent money from the government. I survived through the support of my family and relatives, that now I may be taken apart from. It feels like my heart has been eaten out. I've been crying every day I don't know what is going to happen to me if I get sent back, I have no family nor a place to stay over there anymore.

I made an appointment with another attorney hopefully he has something good to say about my case.

OK, a re-entry permit does not guarantee anything other than re-entry after an absence of one year, and before an absence of two years. Check out the form, it's called Form I-131 on the USCIS site. This form is used for multiple types of permission. Be sure to mark re-entry.

While abroad, even if you have a re-entry permit, you might be declared to have abandoned residency in your absence, so you need to understand the whole concept of taking time out of the USA and preserving your residency. Leaving with the appropriate document doesn't do that. Leaving without the proper document can prevent your re-entry, if one is needed.

Re-entry permit is for absences that last from 1 up to 2 years. If you plan to return once a year, then you shouldn't necessarily need a re-entry permit.

hi,

I need information on re-entry permit.

1.i have heard some people that those who apply for re-entry permit and avail it cant apply for citizenship(seems wrong information) or it take longer to get citizenship and other benefits.

2.how long does it take to get a re-entry permit after applying for the permit(some person told me it took his mother 10 months to get it) but is there any way we can know prior to getting the re-entry permit that we have been approved for the reentry permit.just like some people call embassy to know wether their visas got printed or not.

3.i entered the united states this month on 10th, and i am intending to go back in september(means 2 months is the duration i am going to stay here).is their any requirement to stay for atleast 3 months before applying for the re-entry permit?

4.is there any requirements to stay here before getting the green card because i dont know when i am gonna get the green card because it is said it might take upto 3 months to get the green card.

5.do i have to apply for additional things like "application to preserve residence for naturalization purposes".i dont get it.what is this for?

but i still more information on re-entry permit.it would save money for me for one trip atleast.

Re-entry permit is for absences that last from 1 up to 2 years. If you plan to return once a year, then you shouldn't necessarily need a re-entry permit.

hi,

I need information on re-entry permit.

1.i have heard some people that those who apply for re-entry permit and avail it cant apply for citizenship(seems wrong information) or it take longer to get citizenship and other benefits.

2.how long does it take to get a re-entry permit after applying for the permit(some person told me it took his mother 10 months to get it) but is there any way we can know prior to getting the re-entry permit that we have been approved for the reentry permit.just like some people call embassy to know wether their visas got printed or not.

3.i entered the united states this month on 10th, and i am intending to go back in september(means 2 months is the duration i am going to stay here).is their any requirement to stay for atleast 3 months before applying for the re-entry permit?

4.is there any requirements to stay here before getting the green card because i dont know when i am gonna get the green card because it is said it might take upto 3 months to get the green card.

5.do i have to apply for additional things like "application to preserve residence for naturalization purposes".i dont get it.what is this for?

Here's a citation from an attorney that addresses this little-known issue, referred to as "seeking to acquire"

Children must have ‘sought to acquire’ a visa within one year to be eligible under the CSPA

IMMIGRATION CORNER By Michael J. Gurfinkel Updated June 01, 2008 12:00 AM

The Child Status Protection Act (CSPA) provides certain benefits to children who “aged-out” (turned 21). For children of US citizens, their age could be “locked in” as a minor, provided their US citizen parent filed an immediate relative petition before the child’s 21st birthday.

However, in the case of children of immigrants (green card holders) or derivative beneficiary children (under their parent’s petition, such as an employment based petition filed on behalf of the parent, or a petition by an uncle, aunt, or grandparent on behalf of the parent), there is an added requirement that many people overlook, thereby depriving the child of the age-out protections of the CSPA. For children of immigrants, not only must the child’s age be considered to be under 21 (based on a mathematical formula), but the child must also have “sought to acquire” his or her visa within one year of availability. Many cases have been denied because the child did not take steps to pursue their visa within one year of visa availability, even though the child was considered to be under 21.

According to the USCIS, a child’s visa is “available” when the priority date is “current”. The petition’s current date is announced each month via the Visa Bulletins. Within one year of the priority date being current, the child must have a Form I-485 (Application to Register Permanent Residence or Adjust Status), if in the US, or a Form I-824 (Action on Approved Petition) if in the Philippines, filed on his or her behalf within one year of the priority date becoming current. Note: if a parent files an adjustment of status on the parent’s own behalf, it does not satisfy that requirement:

(a) If the child is in the US, the child’s own I-485 must be filed within one year the priority date becoming current.

(B) If the child is in the Philippines, and the parent is adjusting status in the US, the parent, on the child’s behalf, must file the I-824 within one year of the priority date becoming current (NOTE: The I-824 must be filed within one year of the priority date becoming current, NOT within one year of the parent adjusting status or receiving the green card, which might be more than one year from the time the priority date became current). So it would be advisable for the parent to file his I-485 and the child’s I-824 at the same time, to be sure.

As I said, many families who ordinarily could have had their child be eligible for CSPA, nevertheless had the case denied because they had not “sought to acquire” the child’s green card within one year visa availability.

If you are in that situation, or have a child who could still possibly benefit from the CSPA, I would strongly recommend that you seek the advice of a reputable attorney, who can evaluate your situation and determine if your child could still benefit under CSPA, even if he or she is now over 21.

I had my interview last July 17 and the officers denied my adjustment of status. It says on the denial letter that a removal proceeding will be issued against me. I haven't received any NTA yet. But what course of action should I be doing after this denial? What to expect and how long does a removal proceeding take? What time frame am I looking at?

BACKGROUND: I am a beneficiary of an I-130 petition by my legal permanent resident father, I was then a minor F2A (minor child of permanent resident), then I turned 21 on 2003 and became F2B (adult child of permanent resident), then in 2004 my father naturalized and I was converted to F1 (adult child of a US Citizen). My I-130 was adjudicated in 2005. I filed an for an AOS & EAD last April 2009 using the new CSPA guidelines. But the officers denied my case because I failed to "sough to acquire" within one year of visa availability last 2005 as F2A, and now as F2B (after I opt-out sec. 6 from F1) they said that there is no visa available to me just yet. I am confused on when did this "sought to acquire" came out and what I must do. Leaving isn't an option for me anymore, all my family is here. I have nowhere to go back to. I just happen to be one of those that are unlucky for aging out due to the delay and suffered due to the irregularities of the law and a gap in their guidelines & system.

For clarification purposes only, I compared the OP's predicament to that of a food server, not to insinuate that underreporting income in the case of a food server is legal, but to identify that the OP faces a very similar dilemma to the food server (but for purposes that are not in any way illegal). Many individuals in the food service industry underclaim their wages, because such wages are not reported on a w-2, but later find themslves in a situation that is much the same as the OP. They have a greater income than what is declared on their tax return, but can't meet the USCIS income requirement because of the choice to report a lower income figure. The OP, on the other hand, takes every opportunity to avail himself of the full range of business expenses that reduce the net profit of his entity (that flows to his 1040 as "personal income") only to find himself in much the same predicament.

Help me to better understand your feeling that the business eowner is being penalised. Where is the business owner's dilemma (unfairness in the "income" requirement) any different from a hard-working food server that gets cash tips that far exceed her income that is paid direct from the employer? She can report her tips and show a healthier income for USCIS purposes, and pay more tax as a consequence, or she can not declare a sizeable amount of her earnings, and reap the tax rewards, and fail to meet the USCIS income requirement. How does that differ from what you are claiming?

Big difference. You are completely welcome to CLAIM and pay tax on your tips, just as I claim ALL my income. You are cheating on your income tax, NOT claiming money you earn and EVADING income tax. You SHOULD be penalized, not only by the immigration system but by the criminal legal system. Does that help you understand?

I, on the other hand, claim ALL income I make and am allowed to make legitimate and legal deductions from that income which are used to support my family and then get penalized for claiming it. My car is paid for by my business, which car can also be used by the family or to pick up groceries. The car is OWNED by the business, paid for by the business (along with all gas, insurance, repairs, etc.) and the use of the car is given to me as an untaxed benefit. My wife gets the use of a FREE car! Legally, legitimately...but it counts against my income, it is deducted NOT from my under the table cash tips which are never reported, but from my claimed earnings! You, on the other hand, have unclaimed cash income, the same as a prostitute or drug dealer which you conceal in order to evade tax. So imigine that from what little portion of your income you actually claim, the USCIS would also deduct the cost of owning your car.

As far as Jim's prediciment, I was not aware in a free country that you could be told who to meet in your home, I guess, you live in a different part of Texas than I did. Such Bolshevism woul dhave been met at the point of a gun and answered with "Say what!????" in Runnels County. The local Soviet of Harris County works differently I see. If Vermont tried to tell me who I can meet and talk to in my home, I would walk over the border into Quebec and start over.

Also I do not see how a local ordinance can prevent you from claiming legitimate deductions from Federal income tax. You do use your home in your business and the Fed's couldn't care less about what your local Proletariat is telling you what you can do in your own home

Ah, so your work out of your home? I must have missed that.

Commute miles to work are not expense that can be deducted. So, in this particular case, you and the employee are in the same boat, unless you schedule a business call at the end of your driveway both first thing in the morning and last thing at the end of the day.

Quite the contrary. Because I'm a 1099, everything I do regarding my work, including driving mileage to/fron contract jobs, is considered business-related and a business expense. It isn't deductible if the job I work that particular day is a W2 job, which some of them are, and on my Schedule C worksheet in Turbotax, I have to report total miles for the year, commuting (non-deductible) mileage, personal mileage, and business mileage.

Yes, it means that CBP deemed him otherwise inadmissible, but flexed their policy to permit him entry for a compelling emergency. However, unless the emergency is prolonged, I wouldn't suspect that his being paroled into the country was intended to be permanent, in fact, quite the opposite.

He overstayed in 2004? How long? Is it your normal manner to disseminate information in bits and spurts? It would be more helpful to give all details at one time, so people can get a sense of what has passed.

Humanitarian parole is an extraordinary measure, sparingly used to bring an otherwise inadmissible alien into the United States for a temporary period of time due to a very compelling emergency. The Secretary of the Department of Homeland Security (DHS) may temporarily parole any alien applying for entry into the United States based on urgent humanitarian reasons or significant public benefit. Humanitarian parole is granted on a case-by-case basis, at the discretion of the Secretary of DHS.

the approved the I-94 with Humanitarian Parole what ever that means I am not sure, does that change anything?