Jojo92122

Claiming your mother as a tax dependent will not affect her AOS.

However, you should check to see if your mother qualifies as a tax dependent.  In particular this; 

Who qualifies as a dependent?

The IRS rules for qualifying dependents cover just about every conceivable situation, from housekeepers to emancipated offspring.

Fortunately, most of us live simpler lives. The basic rules will cover almost everyone. Here’s how it all breaks down.

There are two types of dependents, each subject to different rules:

• A qualifying child
• A qualifying relative

For both types of dependents, you’ll need to answer the following questions to determine if you can claim them.

• Are they a citizen or resident? The person must be a U.S. citizen, a U.S. national, a U.S. resident, or a resident of Canada or Mexico.

You will probably get a few questions about your previous immigration to the US.  Marriage ended and you gave up your green card to go home.  Doesn't look like someone desperate to use a fake marriage as a means to immigrate to the US.  You will be fine.  It's not going to make it longer for you. 

6 hours ago, Blossom2635 said:

Hi my names is balsam nefzi I  from Tunisia and I am 14 years old and I want to immigrate to America and study there my mom is okay with send me there to my aunt in Texas Houston but I don’t even know how to start with the immigration process 

Hi,

Your aunt can not file for you to immigrate to the US.  An US citizen can never file for a nephew or niece. 

To study in the US, you will need a non-immigrant student visa.  You will need $20,000 to $40,000 in a bank to show you can afford ONE YEAR of being a foreign student.  You will have to return home after getting your degree.  

https://educationusa.state.gov/

https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html

https://www.forbes.com/sites/stuartanderson/2018/08/20/uscis-changes-website-backtracks-on-foreign-student-rules/#305390314aa4

26 minutes ago, mikefromNJ said:

I (petitioner) am in ukraine. I will get married to a ukrainian girl and may move to usa in the future as a family.

 

How should I write my international prenuptial agreement so it can be enforced in states of NJ or NY?

NY or NJ lawyer.

This is not a DIY.  You get anything wrong and the entire thing is unenforceable.  For example, in California, generally both parties have to be represented by separate lawyers.  If the weaker party is not represented by a separate lawyer, then the prenup can be attacked.  

If you have assets to protect, then don't be cheap.  The cheap gets expensive if you don't know what you're doing.  

9 hours ago, Etamkoos said:

There is something stopping the OP from flying alone - she is pregnant and wishes to have the support of her husband.  The OP is aware they can fly alone, if he can't go with her, as this has already been stated in the first response.  "Literally everyone on this website does that"?  That's not true at all.  It is best not to spread misinformation, no matter how small.

Yes, its best not to spread misinformation, no matter how small.

Since you can criticize others for giving advice, what advice can you give the OP?

Should she let her husband fly with her and try to enter the US on his tourist visa? 

There are 3 choices 1) fly with hubby, 2) fly alone, or 3) not fly at all.

Please opine on those three choices.

19 hours ago, J&Cmay2016 said:

Showing an intent to establish domicile is one of the requirements for the interview. Have you ever moved somewhere without visiting it first? 

The petitioner is the one that is required to show a US domicile.  The beneficiary is not required to do that.

Lots of people immigrate to the US without visiting first.

I'm outta here. 

Google "international divorce forum shopping" and when it's not allowed.  

Google "US court enforcement of foreign judgment."

Google "lack of personal jurisdiction."  

2 minutes ago, EM_Vandaveer said:

The US have to honor the divorce itself (as long as he was properly served).

No one is forced to be marry.  

All other aspects of a divorce is another matter.  Child custody.  Child support.  Spousal support.  Division of assets.  None of these are about being married.  All of this would require a US court order to enforce the foreign judgment before any US entity would act on it.   The US court would then look to see if the foreign judgment should be enforced in the US on US individuals and US entities.  

5 minutes ago, EM_Vandaveer said:

Enforcing a child support order or a child custody order is one thing. What you still have not explained is how OP's husband could claim they're still married if OP went through to proper channels in Indonesia & obtained a divorce. He couldn't, plain & simple.

Never said that OP could claim they are still marry.

If the husband refuses to submit himself to the jurisdiction of the Indonesian court, then any judgment against him will not be enforceable in the US.  Child custody.  Child support.  Spousal support.  Division of assets.  

They may be divorced, but that's it.  None of the other issues can be settled on in Indonesia without his consent to participate.  No US bank, no US entity would enforce a foreign court order.  The US entity would want a local court order to enforce the foreign judgement.  Good luck getting that foreign judgment enforced by a US court when the US citizen who lives in the US with US assets and rights refuses to submit himself to the jurisdiction of a foreign court.  

1. W-2s are only issued by US employers.  You would need to file tax returns in your country and then file US tax returns declaring your foreign income.

2.  Lots of other forms.  Too many to list here.

3.  Accountants.  Turbotax can not handle complex situations such as foreign taxes.  

4.  Completely up to you.

5.  Yes.

6.  Yes.

You are creating a HUGE headache for yourself concerning income tax and abandonment of your green card.  Better to just move and be done.  You are creating potential abandonment of green card issues when you can completely avoid it.  If you claim to be a resident of your country with a US green card, then you can be deemed to have abandoned your green card.

Just now, J&Cmay2016 said:

As I said he's not moving there he will only be traveling with me for my comfort. We will maintain residency here in Manila until he gets his visa and can follow me permanently. While he's there we would also work on the domicile requirement for the interview, which I've seen other people do in this forum. My only question is if the pending medical clearance will affect his admittance. 

That's your POV.  To CBP, it will look like he is using his tourist visa to move to the US early with you and then return for his immigration visa.

His pending medical clearance will not affect his admittance.  

It's not the medical that's the problem.  It's the intent to immigrate that's the problem.  

Essentially, you are looking at the tourist visa for him to come to the US to live with you for a while before he needs to go back to get his immigration visa.  That's not allowed.  Has zero to do with his medical clearance.  

VJ is a great resource on US immigration laws.  You guys have spent a great deal of time researching it.

However, most people here have no clue about other areas of the law.  Jurisdiction, venue, forum shopping, enforcement of a foreign judgment, international law, comity, etc.  

It's one thing to file immigration forms in a nonjudicial setting.  International litigation involving foreign and domestic courts is a completely different monster.  

11 hours ago, NikLR said:

I agree that it would require going to court and depends on the state laws.  

 

For instance in my state, the partner who earns more owes spousal support to the one who earns less unless the children are residing with the one earning more. 

Obligation for spousal and/or child support is obviously in the courts hands, I don't think anyone implied it wouldn't be.  If you made that assumption... that's not my issue. 

 

Since the OP has left the country I'm sure some child support would be required by a US court of law (and provided by a decent parent even without a court of law dictating it.)  

 

Since the rest of the world has to obide by the US laws regarding divorce, I'm unsure why the OP cant file where they currently live I'd they qualify.  Not to would be a rather large double standard.  (But honestly wouldn't surprise me...)

Really?  The rest of the world has to kow-tow to US laws regarding divorce?  You think too highly of America and its power to dictate things to the rest of the world.

Google US divorce, parental kidnapping, Japan, Brazil and see how those countries have handled US court orders for child custody during divorces.  How come they didn't OBIDE (abide) by US laws regarding divorce?

 

From Onktarkie's link.

Generally doesn't mean always.

What does an opportunity to be heard mean in the legal world?  What happens if the husband refuses to submit himself to the jurisdiction of a foreign court when he lives in the US?  

Think a US bank would divide the assets of a Maryland man based on a court order from Indonesia?  

Will a foreign divorce be recognized in the United States?

• A foreign judgment of divorce generally is recognized in a state in the United States on the basis of legal reciprocity where both parties had notice of the divorce proceeding and an opportunity to be heard within these proceedings. Marriage and divorce generally are considered matters reserved to the states rather than to the federal government.
• Specific questions regarding the validity of foreign divorces in particular states in the United States should be referred to the office of the Attorney General of the state in question.  It may be necessary  to retain the services of a private attorney if the office of the state Attorney General does not provide such assistance to private citizens.

7 minutes ago, EM_Vandaveer said:

Forum shopping or not. Let's be reasonable. Even if a marriage took place in the US, are we now claiming that the foreign spouse cannot go back to their country & obtain a local divorce??? I've always seen that as the advice if the immigrant decided to return to their country. I'm assuming that from her perspective what matters is that SHE will be divorced & free to eventually remarry if she so chooses. Whether to USC spouse holds themselves still married, I'm not sure it matters to her in that situation. (And I sure do not understand how he even could, provided he was properly served.)

The US acknowledges foreign divorce in the cases when an intending immigrant needs to prove that their previous marriage was legally terminated therefore their marriage to their USC spouse is lawful. Why not in this situation?

https://www.liveabout.com/foreign-divorce-how-do-you-know-if-it-is-valid-1102820

5 minutes ago, AK999 said:

Sorry i forgot to mention this is not for me this is for my friend.

he is in dubai right now and has a visit visa, he wants to move his family here and looking some option that how his wife and kids stay in US

EB-5.   Have your friend look into this if he has $500,000 or $1,000,000 to invest.  He will need a very expensive lawyer and probably a financial consultant on the investment.  

Extremely hard to get his money back.  

Essentially, buying green cards.  
 

1 hour ago, J&Cmay2016 said:

My husband has to wait until at least Oct 15 for his medical clearance bc he had to do the sputum test to rule out Tb. He has scars on his lungs from a previous infection, not Tb, which we provided documentation for. I am currently 25 weeks pregnant and we want to have the baby in the US. I can't fly after Nov 3, and we are worried his visa won't arrive in time for me to still travel safely. So we were wondering if he could fly with me to the US Oct 1st when I'm 31 weeks on his tourist visa he already has and then return for the medical results and interview, as long as we maintain residency here? Thanks for any help. 

No.  He can not use his tourist visa to move to the US early and then go back for his immigration visa.  That's how CBP will view it.  

17 hours ago, victor5 said:

Hello Everyone:

I'm the petitioner filing an I-129f for my fiance.  He visited & stayed with me a few times in the US over the last 5 years.  The visits were 2-3 months in duration.  Should I list my address in the US where he stayed in his address history?  The instructions say "residence" (which my address wasn't), but the petition itself says "physical addresses inside/outside US".  I want to be truthful in responding.  Thanks!

Absolutely NO!!!!!!!

He was visiting you in the US.  He was not residing in the US.  He does not have the legal right to reside in the US on a tourist visa.   He lived in his country and visited you in the US.

Listing a US residence for him will be an automatic denial for illegally living in the US.  

5 hours ago, knightingale said:

cheers mate....

 

I have been reading about it alot lately and come to an understanding that my brother can not directly sponsor my wife for the immigration application.

if i get my immigration filled on behalf of my US citizen brother which category will my wife fall in because i have been informed that i have to live in the  states alone for a specific time period enabling me to Sponsor for my wife then, or will my wife application will also be submitted with mine and processed together.

 

Can't thank enough for your quick replies. Thank you for the help.

Your USC brother can not file for your wife.  He can file for you, his brother, in the F4 category.  In the F4 category, your wife would be your derivative beneficiary.  She will not have her own case; only you will have a case.  She will not have a category because she doesn't have her own case.  You will have a category because you have a case filed by your brother.

Whoever told you that you have to live in the US before sponsoring your wife is wrong. This person is mixing up when an LPR parent files for an unmarried son and that person having to come to the US as single, go back home to marry, and wait 2 years for the spouse to get an immigration visa.  When a USC files for a sibling, then the sibling's wife is allowed to immigrate at the same time.

You have lots to learn.  This is Do-It-Yourself.  Have your brother start learning about how to file or hire a lawyer to do it.  

Saying that you can't find similar cases to your situation is ridiculous.  Lots of USC files for parents.  Lots of USC files for siblings.  Very common.  After all, family based immigration is very common.  

6 hours ago, knightingale said:

Hello,

 

I am looking for experienced users to guide me through my application process. I am 27 years old, married & live in islamabad, pakistan.

My brother along with his wife and 1 kid live in america (New York) and is US Citizen. 

 

My parents and i (my wife too) want to  file documents for immigration to america ,  

 

1- I have zero information so please guide me how this process works.

 

2-  As my brother will be sponsoring for my immigration visa aswell as my parents, which category of visa my wife would fall in?

 

 i have looked over the internet and searched thoroughly but unable to find a case like mine on the internet so posting a new thread here so kind fellows could help me out. cheers

There are hundred of thousands of cases like yours.  If you look in the "Bringing Family Members of US Citizens to America" where you started this thread and you will find thousands of cases like yours.

1. Have your brother read the VJ Guides.  Start here: http://www.visajourney.com/content/guides/  and here: https://www.uscis.gov/family

2.  Your wife does not fall into a category since your brother can not file for her.  Your brother files a case for you.  Your wife is included in the case for you.  She will not have her own case.  

There is no way for you to immigrate with your parents.  You and your parents are completely different cases. 

It will take about 1 year for your parents to get immigration visas and green cards. 

It will take about 15 years for you, your wife, and your children to be eligible for immigration visas and green cards.  There is no way to make this faster for you.  

Super easy if there are no weird issues (late birth certificates, corrected birth certificates)

1.  When was the last time that you saw your petitioning parent?

2.  When was the last time that you communicated with your parent?

9 hours ago, NikLR said:

I enjoy when you tell mods what is and isn't allowed on VJ. 😅

Not telling mods what is and isn't allowed on VJ.

Forum shopping is a legal concept in litigation.  Suggest you look it up since you don't understand it.  

13 minutes ago, Ontarkie said:

https://travel.state.gov/content/travel/en/international-travel/while-abroad/divorce-abroad.html

Support is another issue but the divorce itself with proper serving will be recognized in the US. 

 

MD also has a 1 year residency and she is not a resident. It does not matter where that the marital home was there. 

Forum shopping is not allowed.  

1 hour ago, Kevin91 said:

My argument here is that the charges are pending, its not like she is guilty... Once I have the court date these charge’s will be drop. 

Not like she's innocent either.  She has a pending case for DV.  US immigration takes DV very seriously.  

Isn't it safer to stay in the US than take a completely unnecessary risk?   You dug yourself a hole because you misjudged the consequences.  Don't repeat your mistake and compound the problem. 

Take the DV case seriously.  Even after it is dismissed, your wife will need to disclose it on her AOS, ROC, and naturalization.  Every step of every process, the DV arrest will be an issue.  You've missed a court date.  Dropping the charges does make the DV arrest disappear.  It will hang over your wife's immigration head forever.  For the rest of her life, she will have to deal with this.  You really screwed the pooch on this.