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EM_Vandaveer

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  1. Like
    EM_Vandaveer reacted to TBoneTX in Divorce from non-immigrant (out of status) and financial responbsibility   
    What a relief for you!  You got off cheaply, too.  Your sense of freedom must be overwhelming.  All the best to you.
  2. Like
    EM_Vandaveer reacted to MarktheShark in Divorce from non-immigrant (out of status) and financial responbsibility   
    It's over. Got my divorce today. I start new post today. No alimony. I agreed to pay her 2600 by March 9th. 
  3. Like
    EM_Vandaveer reacted to Family in Divorce from non-immigrant (out of status) and financial responbsibility   
    The bit about not filing I-130 is not important cause I-129F acts as if..but it does not matter since the I-134 is not enforceable and the I-864 was withdrawn. ..so even if she gets a last minute attorney, nothing they can do with that. ..so put your mind at ease.
     
     
  4. Like
    EM_Vandaveer reacted to MarktheShark in Divorce from non-immigrant (out of status) and financial responbsibility   
    At the last hearing when the judge realized we didn't have any marital propery or debit she Strongly emphasized we work things out in mediation, because we hadn't accumulated any debit or property together. She has nothing to loose so never showed up to mediation and wants a judge to decide. We go back on 1/22/24 for a status hearing.  
  5. Like
    EM_Vandaveer got a reaction from SJinCA in Recently Divorced, Now Filing Again   
    I don't see any red flags, unfortunately lots of marriages end in divorce. USCIS is aware of this.
  6. Like
    EM_Vandaveer got a reaction from Asia in Second application for AOS based on marriage to a USC   
    Your husband ultimately has to prove to Immigration Court that his first marriage wasn't fraudulent and USCIS  denied his applications based on his first marriage in error. Without this, the new application based on the 2nd marriage is bound to be denied.
  7. Like
    EM_Vandaveer got a reaction from Boiler in Second application for AOS based on marriage to a USC   
    Your husband ultimately has to prove to Immigration Court that his first marriage wasn't fraudulent and USCIS  denied his applications based on his first marriage in error. Without this, the new application based on the 2nd marriage is bound to be denied.
  8. Like
    EM_Vandaveer got a reaction from TBoneTX in Second application for AOS based on marriage to a USC   
    Your husband ultimately has to prove to Immigration Court that his first marriage wasn't fraudulent and USCIS  denied his applications based on his first marriage in error. Without this, the new application based on the 2nd marriage is bound to be denied.
  9. Like
    EM_Vandaveer got a reaction from Orchid47 in Second application for AOS based on marriage to a USC   
    Your husband ultimately has to prove to Immigration Court that his first marriage wasn't fraudulent and USCIS  denied his applications based on his first marriage in error. Without this, the new application based on the 2nd marriage is bound to be denied.
  10. Like
    EM_Vandaveer got a reaction from Family in Second application for AOS based on marriage to a USC   
    Your husband ultimately has to prove to Immigration Court that his first marriage wasn't fraudulent and USCIS  denied his applications based on his first marriage in error. Without this, the new application based on the 2nd marriage is bound to be denied.
  11. Like
    EM_Vandaveer got a reaction from SalishSea in Second application for AOS based on marriage to a USC   
    Your husband ultimately has to prove to Immigration Court that his first marriage wasn't fraudulent and USCIS  denied his applications based on his first marriage in error. Without this, the new application based on the 2nd marriage is bound to be denied.
  12. Like
    EM_Vandaveer got a reaction from OldUser in Second application for AOS based on marriage to a USC   
    Your husband ultimately has to prove to Immigration Court that his first marriage wasn't fraudulent and USCIS  denied his applications based on his first marriage in error. Without this, the new application based on the 2nd marriage is bound to be denied.
  13. Like
    EM_Vandaveer got a reaction from littlelion108 in Recently Divorced, Now Filing Again   
    I don't see any red flags, unfortunately lots of marriages end in divorce. USCIS is aware of this.
  14. Like
    EM_Vandaveer reacted to OldUser in Social security number issues   
    You don't need the physical card. If you know the SSN, just use it and don't request new SSN. The checkbox on I-485 is to request number if you don't have one, not the card. Deal with SSA for card issue.
  15. Like
    EM_Vandaveer reacted to Family in I-485 Denied, What Options Do We Have - Denial Letter Provided   
    It’s not hidden …try channeling that frustration ( and blaming ) into a focused / detail oriented presentation. 
     
    You get lots of kudos for DIY …saving your family big $$ in legal fees. 
     

    If you use the search feature and type in I-290 B you will see many threads and  recent successes for I-485.
     
    Do not compare it to I-751 motions, different kettle of fish …where I-290 B is more a tactical delay strategy.
     
    In your case, w I-290 B you will not need new medicals and all underlying apps ( like I-765,I-131 will be revived )
     
     
     
     
     
     
  16. Like
    EM_Vandaveer got a reaction from KMG in Second application for AOS based on marriage to a USC   
    Your husband ultimately has to prove to Immigration Court that his first marriage wasn't fraudulent and USCIS  denied his applications based on his first marriage in error. Without this, the new application based on the 2nd marriage is bound to be denied.
  17. Like
    EM_Vandaveer got a reaction from OldUser in I-485 Denied, What Options Do We Have - Denial Letter Provided   
    There's nothing unusual about this set up, in fact, it's good evidence that she contributes to a joint account which is then used to pay bills! Prove this with documents. Prove it happens every month!
  18. Like
    EM_Vandaveer got a reaction from OldUser in I-485 Denied, What Options Do We Have - Denial Letter Provided   
    USCIS is fine with it if you re-file. There's no deadline on filing an I-485 after K-1/K-2 entry & marriage (although ideally one does it sooner rather than later).
    While the 90-day period expired, a spouse of a USC can file for AOS even with an overstay.
  19. Sad
    EM_Vandaveer reacted to Crazy Cat in Second application for AOS based on marriage to a USC   
    He cannot erase the issues of the past.  I assume he has a very good attorney.  Personally, I would be very wary.  
  20. Like
    EM_Vandaveer reacted to OldUser in I-485 Denied, What Options Do We Have - Denial Letter Provided   
    A stranger who never met you cannot tell who is on photos.
  21. Like
    EM_Vandaveer reacted to OldUser in I-485 Denied, What Options Do We Have - Denial Letter Provided   
    You need to provide evidence spanning period of time not just one bill or one bank statement. As to pictures, again denial spells out exactly what you're missing - captions. Captions such as date, location, occasion, names of people. Follow instructions precisely. If it doesn't make sense, get a lawyer to help.
  22. Like
    EM_Vandaveer reacted to OldUser in I-485 Denied, What Options Do We Have - Denial Letter Provided   
    There's nothing wrong with some finances being set aside. Maybe moving forward she could just transfer amounts to cover the had bill to joint account and pay from it.
     
    Me and my spouse pay bills, mortgage and taxes from joint account. We pay for large purchase from joint account. We receive tax refunds into joint account. However, we have our own accounts too to pay for credit cards and small purchases. It's a normal arrangement. Especially considering joint finances make up about 70% of all transactions in our case.
     
    Of course if you keep finances separately and only pay water bill out of joint account, for example, that would not be convincing to USCIS.
     
    Comingling helps planning finances as a family
  23. Confused
    EM_Vandaveer reacted to Nashmusah in Have 10 Year Green Card - Received Reminder to Submit 751   
    If you have an IR6 green card and have also received an I-751, it means that you initially received a conditional permanent resident status based on your marriage to a U.S. citizen, and you have successfully filed Form I-751 "Petition to Remove Conditions on Residence" to remove the conditional status and become a full permanent resident with an IR6 green card, which specifically applies to spouses of U.S. citizens; essentially, you are now able to live and work in the United States permanently without restrictions related to your conditional residency. 
     
    Key points to remember: 
     
    IR6 green card:
    This signifies that your permanent residency is based on your spouse being a U.S. citizen. 
     
    I-751 form:
    This is the form used to remove conditions on a conditional permanent resident status usually obtained through marriage. 
    Good luck 👍 
     
  24. Like
    EM_Vandaveer reacted to OldUser in I-485 Denied, What Options Do We Have - Denial Letter Provided   
    First of all: don't give up.
     
    Your wife and stepson do not have to leave the US at this time.
     
    A new, properly filed I-485 with supporting documentation will eventually get them green cards.
     
    You have to be very heavy on evidence in the next filing. USCIS gave excellent tips on how to build a strong case.
     
    Include each and every page of every statement from your joint bank accounts, utility bills showing both names. List your spouse as beneficiary on your retirement plans. Add her and stepson to your health insurance plan.
     
    Annotate each photo with: "Date, location, occasion, names of people on the photo". Only include photos where you have not just wife and stepson, but your family, friends and colleagues together.
     
    Financial comingling is the king of evidence, as you can see. Remember the saying to put the money where your mouth is? This is exactly the situation.
     
    You have to build a stronger much stronger case to overcome any suspicion on USCIS end.
  25. Like
    EM_Vandaveer reacted to Boiler in I-485 Denied, What Options Do We Have - Denial Letter Provided   
    On the assumption the letter is accurate, file again to adjust with adequate evidence.
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