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EM_Vandaveer

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Everything posted by EM_Vandaveer

  1. EM_Vandaveer
    1d NVC will know to send it to Sydney (or will ask you about it), once the petition gets to NVC, you'll communicate with them, file documents and such before your case is sent on. Using the USCIS Misinformation Line for legal advice/form filling advice is generally unwise. They don't know what they're talking about and if they advise you wrong you can't rely on the fact that their mistake caused your mistake, in trying to fix it.
  2. EM_Vandaveer
    I'm talking about OP's situation. K-1 & dual-intent visas are another story but neither of those apply to OP.
  3. EM_Vandaveer
    Meaning if the beneficiary is ALREADY in the US. One cannot ENTER to US with intent to adjust, it's fraud.
  4. EM_Vandaveer
    I-824 has to be sent to USCIS. Unfortunately this will cause a year-long delay in your process. You can't enter the US with intent to file for adjustment of status. That'd be fraud. Your immigrant visa, once issued is not a temporary visa, when you enter the US with it, you become a LPR. No adjustment of status necessary.
  5. EM_Vandaveer
    N-600s are expensive, nevertheless, it's better to get them (after they get passports) so your kids have proof that they're US citizens.
  6. EM_Vandaveer
    She will once she enters on her immigrant visa but she has to get said immigrant visa first.
  7. EM_Vandaveer
    I-864 has to be filed eventually. In the case of K-1, during the AOS stage, in the case of CR-1, during NVC stage but it's not like there's a choice in it if OP want his future spouse to get a GC...
  8. EM_Vandaveer
    1) They won't care (Think about it logically, in a case of true abuse, the abuser can easily send a letter saying "it's all lies". For this reason, your version of events, no matter how truthful, cannot be taken into consideration.) 2) I understand it's hard but let it go. There are no legal consequences to you. At this point it's between your ex & the government.
  9. EM_Vandaveer
    Applies to naturalization under the 5-year rule: half that time, 30 months need to be spent in the US (physical presence). In OP's case it's 18-month rule since the N-400 will be (I assume) filed under the 3-year eligibility rule.
  10. EM_Vandaveer
    Assuming y'all are still married, in your case it's 18-month rule, starting from the "residence since" date on her GC. Don't forget to file I-751.
  11. EM_Vandaveer
    Do you have a common name? The combination of this + Arab/Muslim country of origin can lengthen AP.
  12. EM_Vandaveer
    You're not exempt from filing... (I'm assuming your income was over the filing threshold.)
  13. EM_Vandaveer
    A lawyer can't help. Take it step by step. Wait a few weeks and see if anything changes. If a few months go by you can e-mail the Consulate but they'll likely say she's in AP & just wait. Unfortunately there's not much that can be done aside from waiting.
  14. EM_Vandaveer
    It's not her first GC, she had a 2-year GC then you did RoC and she received her 10-year GC.
  15. EM_Vandaveer
    I can only second that you have to file I-751, don't forget that first...
  16. EM_Vandaveer
    Household members for I-864 is TAX household, not the people you live with. It's the joint sponsor who should list the previously sponsored immigrant on their I-864.
  17. EM_Vandaveer
    Wow, learnt something new today. So maybe the lawyer meant by re-marrying they would place their divorce under suspicion that it was done solely to circumvent immigration law - which it sounds like it was......However without re-marrying there would be no sign or proof of that.
  18. EM_Vandaveer
    If he never agrees in writing to financially support the child then the mother can't get US citizenship for the child. Also, he's not on the birth certificate.
  19. EM_Vandaveer
    Doing drugs or smoking doesn't cause Down Syndrome. She must have had prenatal testing.
  20. EM_Vandaveer
    Why not become a US citizen? Then she can come & go as she pleases...
  21. EM_Vandaveer
    This. I don't understand why the friend thought that just "switching" from one petitioner to another is OK. The whole purpose of the removal of conditions is that it HAS to be done...
  22. EM_Vandaveer
    Their fathers could be cousins with the same last name....
  23. EM_Vandaveer
    It's not about the meeting requirement, if that wasn't fulfilled then the petition would have been denied by USCIS.
  24. EM_Vandaveer
    I'm with everyone here, straighten out the exact way they're relatives. Cousins share grandparents while second cousins only share great-grandparents.
  25. EM_Vandaveer
    I wish you good luck but it DEFINITELY does NOT sound fine to me. (I'm not a lawyer, though.)
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