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captain4ever

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Posts posted by captain4ever

  1. Hey all, sorry for the confusion. She was just admitted so I meant she was given until June 2014 to be in the US. Again sorry for that.

    My family member isn't close to becoming a citizen. He became a resident in Jan 2012 and has had several trips abroad. He entered the US in May 2013 for good.

    He hasn't filed the I-130 yet. He consulted a lawyer back in May or so and the lawyer told him to wait for immigration reform. I told him he should not follow that advice as immigration reform has nothing to do with him.

    Ok, to be clear. I don't think this was a lousy advice. The immigration bill was composed to grant spouse of an LPR as immediate relative status, that means they would be able to file concurently like a USC.

    During the time, the immigration topic was hot, and everyone expected it to become law sooner or later the next year. That's why the lawyer recomended this. Things turned out the bill is going into hiatus and won't be touched soon.

    Compared with F2A (normailly takes more than 2 years), it was a sounding strategy though.

    But anyways, there's nothing else you could do beside filing for F2A right away and hope for the PD to get current within your spouse's admitted period then.

  2. Well, I have F26 on my green card. So does it means we do not have to inform them? And also v can become citizen within 3 years of period?

    I don't think so. The 3-year period only applies when your spouse (or the petitioner) is already a USC and you have lived with this USC for 3 years. If you are getting your GC as F2-A, I don't think that rule applies to you.

    That means you have to wait for 5 years until eligible for applying for citizenship.

  3. I also received 10 years green card.

    And i do not know what to do?

    Should I contact USCIS and tell them about this mistake or not?

    My attorney told me that it is not your mistake so you do not have to worried about it.

    Also, you can become citizen within 3 years if u been married during that time.

    There is a COA code on NOA2 (Welcome to the U.S letter ) as well as catergory on the GC to indicate the status of GC one will receive.

    For those who receive a 10-year GC , the code should be "F21" or "F26" , those who receive 2-year GC the code should be like "C21" or "C26".

    The matter is the letter 'F' indicating non-conditional / and 'C' is conditional.

    Reference : https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502215

    I believe if you have established enough evidence to prove your marriage is genuine , the IO could decide a non-condional green card for your application, otherwise , a conditional GC is issued.

    ( Don't quote me on this since it is only my personal observation and study. I received a 10-year GC with code F26)

    F2-A , married for 1y11 months. AOS on Aug-1/2013

    I think the best for us to discuss is sharing the code on your cards, 10-y or 2-y and lenght of marriage so we can have a bigger picture on this issue.

  4. 559 days , got approval for I-130. Case transfer to NVC. TRUTH NEVER DIES. AS I TOLD YOU EARLIER. YES I HAD AN INTERVIEW, BUT why should I NEED TO BE WORRIED AND SCARED. AS I TOLD YOU I Can SEE A BIG HUGE GREEN FLAG NOT A RED FLAG on my way.

    And once again if you are honest don't need to be scared.

    I didn't follow the above instructions which people's gave to me.

    Look I am in safe hands. If I follow even one instruction then today the whole story will be different.

    Friends just listen your inner voice. Be honest with yourself and GOD will help you.

    That's not a polite way to come back and spit at people who tried to get ideas together to help you.

    This is not classroom, you are not supposed to follow any instruction of anyone.

    Remember you came here for help first, so even you figured things out, or things turned the way you want ( as all of people here want as well). At least, a thank you would be approriate rather than jerking around and being arrogant.

    I wish you luck with your journey, but I hope you should consider and change your attitudes in your real life , because, man, otherwise you might someday getsome high-five with a chair in the face.

    God bless.

  5. My wife filed I-130( F2A) for me in Dec,2011 under F2-A back when we were in Georgia. After that we move to California in April 2012. And we are still waiting for NoA2 since then. WE also filed the Change of Address online right after the move.

    Today, we receive an interview notice about I-130, however, the interview is scheduled next mont Oct 7 , but at Atlanta, Georgia office.

    Since we recently move to California already. We can't go to Atlata for just the interview.

    What should we do now ?

  6. A more equitable approach would be to say hey if you want to marry in the US - fine but go back to your respective country and do consular processing. I'm not asking them to give my wife a gc right away, just let her come and stay with me - she won't be a bother to anyone will she? the govt did do this a while back with the V-visa category so its not out of normality to be asking for one. Furthermore, the new CIR bill coming up has bipartison support on changing F2A to the IR category - this shows that they also have some appreciation of the emotional costs involved in family separation.

    The point of AoS is to allow people who have been inspected and admitted into the US during the petition. Those are F1 students , H1-B workers who already spent that much time through the Consular. Is it fair for them to have to go back and do the Consular processing again?

    You are just denying the fact the AoS people have done the same process as your spouse is doing right now.

    Related note: Well, the same perspective that is it fair for anyone how have NoA2 approval ealier than posted date? Meanwhile there are so many people having earlier PD are still desperatly waiting for the approval. I don't see anyone complains that is unfair so far.

  7. The I-140/485 concurrent filing experience does not apply to I-130/485. Why?

    Read the USCIS webpage on concurrent filing carefully:

    Concurrent filing is allowed in the following instances:

    1. Immediate relatives of U.S. citizens living in the United States

    2. Most employment based applicants and their eligible family members when a visa number is immediately available

    3. Special Immigrant Juveniles

    4. Self petitioning battered spouse or child if

    • The abusive spouse or parent is a U.S. citizen, or
    • If an immigrant visa number is immediately availablle

    5. Certain Armed Forces Members applying for a special immigrant visa under Section101(a)(27)(K) of the Immigration and Nationality Act (INA)Special Immigrant International Organization Employee or family member

    I-140/485 concurrent filing is allowed per 2.

    Can me tell which one in the above five applies to F2A?

    The general process of VAWA is

    - applying for I-360

    - when approval, proceed to AoS.

    With approval of the VAWA petition, the self-petitioner receives what is referred to as "Deferred Action" status for 15 months, renewable thereafter in 12-month increments. What this means is that she is low in priority for removal from the U.S.

    The same applied to VAWA petition outside the U.S until the approval of I-360.

    Please enlight us what priority date of VAWA is and which category the VAWA applicant belongs to match up with immigrant visa number you stated above.

    Thanks.

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