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Elf

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  1. Like
    Elf reacted to aaron2020 in Advanced Parole Due To Death of Mother   
    It's fraud because you advise her to continue the AOS because "they don't know she left." That's committing fraud - continue a process she no longer qualifies for by hiding a material fact.
    There is no other option. The CR1 is the only alternative.
  2. Like
    Elf reacted to aaron2020 in Advanced Parole Due To Death of Mother   
    Don't advise people to commit fraud."They don't know you have left" is bad advice. You are suggesting she fraudulently continue the AOS. What happens when she tried to re-enter the US? What happens when the records finally matches up? No punishment?
    AP getting issues AFTER she leaves is not valid. It doesn't undo the fact that she legally abandoned the AOS when she left without AP. An Infopass will not solve the problem.
  3. Like
    Elf reacted to Villanelle in can any one answer my questions with out an attorney cost   
    Hmm well Im glad you posted back. Sometimes people post on here and when they dont get the answers they want they disappear.
    I have to say one of the things I am sensing from you is you have a lot of pre-conceived notions about how things work. You need to let that go. USCIS isnt always logical and in some peoples opinion fair. You say things like well if they look at my felony/sentence length they will see it was lesser then some comparable ones so that should be an advantage. Um no, if its on the list- its on the list. There is no tier system. You also seem to feel not bringing the child (right away) will work to your advantage. Again not true. As stated they will know about the child and are fully aware you can opt to not file now and file for them later.
    Adam Walsh Act Cases Since March 2011, the VSC has had sole jurisdiction over Adam Walsh Act cases (cases in which the petitioner has been convicted of a “specified offense against a minor”). The VSC has a team of seven officers who adjudicate all Adam Walsh cases. The VSC reported receiving about 400 AWA cases last year. It has not yet finished processing all of them, but has approved only two cases, representing about one percent of the total number of cases adjudicated. (https://cliniclegal.org/resources/articles-clinic/updates-family-based-immigration-vsc-and-nvc) One percent- two cases out of 400. This was dated 2013. Nothing has changed since. Also see- http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/April/supp-guidance-adam-walsh-actpdf.pdf As you can see attnys post a more favorable view (because as said they will file regardless) Here is an article and it quotes about 3500 for the attny however it is outdated a few years. http://www.avvo.com/legal-guides/ugc/immigration-and-adam-walsh-act-faq-by-nicklaus-misiti
  4. Like
    Elf got a reaction from Amhara in Form I-693, Part One, Question 14   
    Yes, the civil surgeon fills that out with details of which form of ID he presented (e.g. Afghanistan passport) and the identifying number of that ID (e.g. his passport number). I agree that the layout of the latest version of the form makes that much more confusing than it needs to be.
  5. Like
    Elf reacted to newacct in MIlitary Spouse- Eligible for Naturalization?   
    If you finish naturalization before you reach 90-days-before-2-years filing window for Removal of Conditions, you don't have to apply for Removal of Conditions.
    See http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html
    C. Spouses Eligible to Naturalize without Filing Petition to Remove Conditions​
    2. Conditional Residents Filing as the Spouse of a U.S. Citizen Employed Abroad​
  6. Like
    Elf reacted to Thozelle in AOS military issue   
    Contact your husbands homeport command ombudsman. Thats what they are there for to help laison between spouses and command leadership. Husband can contact Command Master Chief and chaplain if his personnel office will not provide him a copy of deployment orders. Deployment orders are a normal part of Navy life. Should be a non-issue.
  7. Like
    Elf reacted to Kevo in AOS military issue   
    Tell your husband to ask his security manager to see if he can give you a copy of his orders with anything classified blacked out (ie location, name of ship, etc). I'm not 100% sure for special forces or TS missions, but generally, the dates of his deployment and his name on the orders wouldn't be classified.
    Personally, I haven't had any issues giving deployment orders to my spouse and even to landlords to get out of leases early.
  8. Like
    Elf reacted to Chief Mrs. Edeh in Potomac Service Center not a timeline option (edited)   
    I'd like to update my timeline, since my I-130 petition was transferred to the Potomac Service Center, but that service center is not an option in the dropdown menu. Does anyone know how to put in a request to VisaJourney for them to update their templates? Thanks!
  9. Like
    Elf got a reaction from crazyworld in British Accent   
    I get a lot of "I love your accent", but I'm also regularly asked whether I'm from Australia. I know my Welsh accent's softened a bit over the years, but... Australia? I've no idea why they would think that.
    Of course, as soon as I tell them that I'm originally from Wales, I have to explain that no, Wales is not "in England"
  10. Like
    Elf reacted to aaron2020 in Advanced Parole Due To Death of Mother   
    Sorry about your loss.
    Unfortunately, your spouse will have to file an I-130 to start the spousal visa.
    There is nothing to appeal. The law was applied correctly. You left without AP. The AOS is considered abandoned. It's still being processed because USCIS does not know you have left the US.
    It would be best to stop the AOS and file the I-130.
  11. Like
    Elf reacted to Anh map in When should I intimate change in address?   
    Your husband / sponsor must update his address too.
    Yes, go ahead and file the change of address.
  12. Like
    Elf reacted to newacct in Help! F1 student applied for AOS   
    As long as your I-485 is pending, you are authorized to stay in the US, regardless of whether you have status or not.
    EAD is work authorization, which is a separate issue. If your current work authorization ends, and you haven't gotten an EAD yet, you won't be able to work during that time.
  13. Like
    Elf reacted to Shauneg in Freaking out about letter from NVC   
    Guarantee this is what it is.....
  14. Like
    Elf reacted to teeak in AOS/AP/EAD mailling adress for a K1   
    For USPS, it should've been sent to:
    For U.S. Postal Service (USPS) deliveries:
    USCIS
    PO Box 805887
    Chicago, IL 60680-4120
    But, I think the other address should also be fine since it's used for express couriers (companies that require signatures). So that address ensures someone is available to sign for the package.
  15. Like
    Elf reacted to LBeachey in Married in the US for eight years but never filed   
    I am sure the license itself is valid, it is possible the documentation she used to obtain it was false or invalid but once you have one, it historically has been easy to renew. Like I said above, these cases are the argument for the REAL ID Act, the main argument against is it is better that undocumented immigrants have a valid license within the system including having insurance rather than driving completely undocumented.
    Here is a paragraph from a famous New York Time Magazine Story about an award winning but undocumented immigrant who worked for the Washington Post.
    http://www.nytimes.com/2011/06/26/magazine/my-life-as-an-undocumented-immigrant.html?_r=4&ref=magazine&pagewanted=all
  16. Like
    Elf got a reaction from decocker in Email from the Office of the President Nigeria   
    *clicks "Follow This Topic" and makes a bucket of popcorn*

  17. Like
    Elf got a reaction from PHIL > AZ in Freaking out about letter from NVC   
    "Return Service Requested" is nothing to worry about. It isn't specific to USCIS/NVC/immigration. It's just a standard piece of USPS terminology and means that undeliverable mail should be returned to the sender with either details of the recipient's new address or a reason why it couldn't be delivered. It's a way that the sender can confirm that the recipient is contactable at the address they have on file.
  18. Like
    Elf reacted to Hypnos in J 1 waiver for approved I-360   
    You can ask the Department of State for a non-binding advisory opinion regarding whether or not the two year HRR for J-1s is applicable to your case: http://travel.state.gov/content/visas/en/general/advisory-opinions.html
  19. Like
    Elf reacted to DJConan in Trouble Getting Name Change From Social Security   
    Finally a solution. What the USCIS said was true. We went back to the SSA and applied for the name change again. About 2-3 weeks later, my wife received her updated social security card with her new married name. One more hurdle complete and many more to go.
  20. Like
    Elf reacted to Unidentified in Married in the US for eight years but never filed   
    If they have issued her a license I believ it's valid no matter her status. It's their responsibility to check before issuing. And if she gets pulled over the police is just going to see that she has a valid license. When I was on an F1 in 2012 and I got a license valid until 2016 even though I only studied a year. In 2014 I was here visiting (during my fun K1 waiting period) and a cop ran my license and he had no issues with it or me.
  21. Like
    Elf reacted to Villanelle in can any one answer my questions with out an attorney cost   
    The Adam Walsh Act bar applies regardless of how long ago the conviction occurred.
    Here is a general info page about it. AWA waivers are very difficult and not really recommended as DIY. There are several threads on VJ about it/people filing in the same situation. Please use the search and read them. If you have trouble locating them post back and links can be provided.
    While some people do choose to file on their own you really do have better odds with an attny so I strongly recommend you contact one for help with this. You can easily search google for variations of Adam walsh act +USCIS +attny + visa+waiver and tons of results will come up. Read over the attnys websites keeping in mind they are looking to be hired so the information is all going to positive/reasons why you should use them.
    https://www.rreeves.com/publications_detail.php?newsId=1260
  22. Like
    Elf reacted to Nich-Nick in Applying for wife with no income in year 2015   
    1) Your affidavit of support will be submitted when the NVC requests it and at the embassy interview. If that is after April15, 2016 (tax filing deadline) then 2015 is your most recent return. Before April 15, you can call 2014 as most recent if you didn't file yet. If you have a legal reason why you were not required to file taxes for 2015 then you can submit a signed statement saying why you were not required to file in 2015, that would take the place of submitting a tax return. if you earned no money in 2015, then you wouldn't have to file. It is called INCOME tax and if you have no income, then there is nothing to tax. If you earned a little money in 2015, then you need to look up the amount you need to earn before you would have to file. Maybe you are under the limit.
    BUT your bigger issue is that you are not now employed. It doesn't matter if you earned $200,000 on your last tax return if you have no job when you send the affidavit of support later in the process. Go find a job now! so you can sponsor your wife. They want to see tax returns, but they also want to know what your current job is and if your salary is enough.
    2) You may not have to file a tax return if you didn't have enough income in 2015. You can also file married filing separately if you have to file. That would be if you earned more than about $4000 in 2015. The exact amount has not been set to my knowledge. I am going by 2014 rates.
  23. Like
    Elf reacted to newacct in AOS- visa overstay and working without permit   
    He cannot get denied because of overstay. Unless he has some other issues that you've not mentioned, it should be pretty straightforward.
    p.s. An SSN is valid for life and he should have been filing his taxes with his SSN the whole time. Someone with an SSN is not eligible for an ITIN, so he should not have been able to get that in the first place.
  24. Like
    Elf reacted to Pitaya in Rapid visa scam?   
    ~Moved from K1 Progress to General Immigration-Related Discussion Forum~
    ~Subject is applicable to numerous visa processes~
  25. Like
    Elf reacted to belinda63 in I don't want spouse to get 10year GC.. options?   
    She can divorce you as easily as you can divorce her. You can't stop a divorce. My divorce was final in December 1998 but we are still in court fighting over things as of this month.
    She can file for divorce and file to ROC with the waiver. If the divorce is not completed by the time she files she can request an extension by showing the filing of the paperwork with the court.
    She could also claim VAWA as you are using her immigration status to blackmail her into agreeing to your terms on the divorce.
    You cannot stop her ROC and you cannot get out of the I-864.
    Stop worrying about her immigration status and get your life together.
    And just because she may be in another country she still has the right to contest the division of the property and ask for spousal support. Don't think getting her out of the US will protect you in the divorce. Or if she stays and is not in status nothing will happen in divorce court, immigration isn't going to show up and arrest her, even if they do she can still contest the divorce from jail.
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