olympic

I mean, merely being served with divorce papers does not affect your status - you can read INA 216 for more details. However, back in the late 80's there used to be a requirement that the marriage be terminated for "good cause" in order for the immigrant to remove conditions. The law required that, for conditions to be removed after a divorce, the moving party filing for divorce should be the conditional LPR. The old statute is consistent with the story that you describe - it used to be that an initial filing for divorce by the US spouse precluded removal of conditions.

Because this created a race to the courthouse, the statute has since been revised. Read here for a historical analysis if you are curious.

I don't exactly know what you're trying to say in the first paragraph.

I never said the greencard wasn't valid after someone is divorced on a conditional card but the condition is (and STILL is) that you are married to your USC. If you are divorced you need to file ROC asap. This is in the current rules. It used to be you couldn't file ROC (even when divorced) before the 90 days for ROC, however because it was found that you're violating the terms of your conditional card by being divorced, they allow you to file earlier if you're divorced.

If you're divorced and pulled up by ICE and are still are on a conditional card you WILL have issues. You're unlikely to get deported but you will more than likely be detained and more than likely told to file ROC. I am not divorced, I'm not in that situation so I can't say for 100% certainly what the judges would do but based on the story I described, and other conversations on this topic over the years I've been here, I know that if you're divorced you need to file ROC asap if you want to be safe. ICE isn't going to find you unless your spouse is spiteful and tells them but.. whatever.

I will tell you my "story" is from either 2009 or early 2010.

Sometimes the statute is too broad and covers cases that do not always make you inadmissible. So if you are convicted, you can argue that the court never found you guilty of "theft with an intent to permanently deprive" cause the statute under which you were convicted was too broad - so you are not inadmissible...

That's why a good lawyer can make a huge difference in these cases.

I like the sound of that one, sounds like "Borrowing" with full intent to return shortly after, only to get caught.

What you describe must have involved the former Immigration Act of 1990 that conditioned the filing of a "marriage terminated" waiver on the conditional resident alien being the moving party in the matrimonial. This is no longer required if the marriage was entered into in good faith.

The conditional green card remains valid even after the marriage ends.

There is a thread somewhere here on VJ where a girl served her husband with divorce papers when he landed in the US. Now obviously that parts different because you're already divorced BUT there was part that i think relates to you..

Because the airport knew that was happening (can't remember why) as soon as he was served he was detained by ICE because, the "condition" on the conditional greencard is that he is married to you. If he's not married to you then he is breaking the rules.

Normally he would file for ROC with the divorce decree and have the conditions removed (before even encountering ICE and the issues there). He doesn't need to wait for his 2 year deadline to do this. So by not filing for ROC yet, and by you reporting to ICE that you're no longer married and that he's left the country, MIGHT flag his GC so that when he tries to enter he will have it revoked and have to go before an immigration judge to plead his case. Now this DOESN'T mean that he can't ROC. The judge could decide that he's permitted the chance to try and ROC.. you never know.

I'm not saying he deserves this of course, but you ARE divorced and you do nothing wrong by reporting that. If he makes it into the country and whatever else, that's not your concern any more. You did the proper legal thing, you followed the rules. And if it's determined that he didn't then he's gone. If they determine he did then he stays.

I'm sorry it didn't work out. Best of luck to you.

It depends on the canadian statute under which he is convicted, for example "theft with an intent to temporarily deprive" need not make him inadmissible if the potential sentence is short.

As the others said, IF CONVICTED he wont be allowed back into states and certainly wont be allowed to ROC but only a conviction holds any bearing, charges are not really considered.

He should talk to a US immigration lawyer and a canadian criminal lawyer. You don't say enough facts to be able to form an opinion with any degree of certainty. One would need to examine the canadian statute in question, the age at the time the offense was committed etc to evaluate any potential inadmissibility issues.

Whether he should voluntarily go to Canada is also a question that should be discussed with an attorney.

I recently found out that a co-worker had left and married a USC and has now lived in the USA for 1 year. He has just now found out that he is going to be charged with theft over $5,000 in Canada. I guess he'll have to go back to Canada and face charges. So what will happen to him?

Will he be able to re-enter the US, and if so when he goes to apply after 2 years for his AOS, will he be denied and have to go back to live in Canada..

Just curious.

Thanks

He should first check out if he was automatically registered through https://www.sss.gov/RegVer/wfVerification.aspx

How old is he now? Failure to register does not mean automatic denial of citizenship.

Hello -

My friend is starting the process of applying for his citizenship, however he did not register for the selective service before age 26. He came to the US on a petition filed by his parents. Anyone have any experience with this?

Thanks.

You should file it - there is no harm doing so. Why didn't you file the I-130 concurrently with the I-485 package?

originally i had an A-2 visa, my dad was the original holder of the A-2, therefore all the children had the same a-2 visa status. this was when i was a child.

fast forward to today, i have since been out of status for years now, got married to a US Citizen last year.

i have filed and been approved on I-130.

i am now about to file I-485, I-765.

being that my A-2 visa is out of status, do i still need to file I-508? i am under the assumption that the I-508 is a waiver of rights, immunity, etc but being that i am out of status i have no rights to waive........

please advise. should i or should i not file I-508 with my 485 and 765

This is an employment-based adjustment. Those things tend to be much slower than family. Up until a few years ago, they used to take more than a year to process.

You can't say she is too impatient. It's just that from USCIS website the timeframe for AOS is 4 months. And now most of the August filers have approved by now while she didn't get any interview letter yet. It's normal that she's feeling frustrated.

To OP: I can't tell you what to do since I'm not knowledgable enough but there are lots of other people here who will help you. I really understand your frustration anyways. Hopefully you will hear some good news soon.

Some countries require that you register any marriage taking place outside their borders with them. You don't say which country you are from.

Hello!

If when i go to renew my national passport i want to keep my maiden name, do i still have to apostille, translate and register my us marriage certificate?

I'm just not sure if the marriage certificate is to be presented for the name change solely, or it's got some other purpose?

Thank you!

You are too impatient. Give it some more time - five months is a millisecond in immigration time, and the so called regular timeline doesnt mean very much.

Hello,

I was wondering if someone is still waiting for that long like me...

We applied in August 23 and the NSC is still reviewing our application, after 5 months! The regular timeline for them is 4 months so I called USCIS and they told me just that, your case is now under review and they said I should contact them again by March 4 (2 months after receiving an answer for my inquiry).

We got AP and EAD approved and received already. Called FBI and name check went through the day after we did our FP on October 27th. Since then, no SLUD no nothing...

Any similar experiences?

For what I understand our PD is current and we are EB2.

Thanks for any feedback/advice

1) Yes

2) Put down D/S if thats what your I-94 says

3) Either way

4) Local Office

Good luck.

My situation: applying for AOS, live in USA, married to USC, J-1 visa expired

I have read so many posts how to file I-130 but still have some question.

14. "If your relative is currently in the USA, complete the following: He or she arrived as "

Is it fine if i put J-1 visa?

and "Date authorized stay expired, or will expire, as shown on the Form I-94 or I-95 "

There is no expiration date on my I-94, only the date i arrived to USA. Should i put the date when my visa expires/expired as in my passport?

20. "If your relative's native alphabet is other than Roman letters, write his or her name and foreign address in the native"

I am going to put my name in russian there, but what about the adress, if i put " None - currently in USA" in question 19 ("Your relatives adress abroad")? should i just leave it blank?

22. "Complete the information below if your relative is in the United States and will apply for adjustment of status. Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in"

Should i put local USCIS office OR Chicago Il? I have seen couple posts about this and the answers were different (filing for I-130 I-485 concurrently)

Please help. Thank you in advance!)

With respect to preconceived intent, the Board of Immigration Appeals has ruled in Matter of Cavazos that a finding of preconceived intent alone is insufficient to deny an adjustment application for an immediate relative of a US citizen.

Adjusting from a B-2 visa is generally trouble free, unlike adjustment from the visa waiver.

Yes they can, however be prepared to answer questions as to INTENT when using B-2 to IMMIGRATE.

You will be filing I-130 and I-485 together for each. Note: IR-5 visas would be much less costly in terms of FEES.

Why not file for your brother directly? Even if the waiting time is shorter when a parent files, there are lots of uncertainties and the more petitions in the system, the better. For example, should your brother get married while your mother is a permanent resident or should your mother pass away, your mother's petition will generally be void. Or should your mother be found to have relinquished permanent resident status because she does not actually live in the US.

I am a USC and I want to bring my mother (married, 50 years old) and brother (10 years old) to the US. Both of them are UK citizens and living in the UK.

I understand that the quickest way to do this is to file I-130 for my mom to get an IR-5 visa (which will then automatically turn into LPR) and then once she gets LPR status, she can file F2A for her son (my brother). Right?

My question is this: how much time during this process does my mother have to stay in the US? For obvious reasons she wouldn't want to leave her son behind in the UK while waiting a couple years in the US for all of the paperwork to clear.

Are there any specific times she will have to stay in the US? Or if she stays in the UK until my brother gets his visa will this time outside of the US hurt her ability to renew her green card later on?

Thanks!