Noname93

I believe 130a is only needed for marriage based petitions

I'm wondering, if you are currently out of status, did your work authorization expire as well?

Hello, Just to catch everyone up: I'm in the middle of ROC (first one denied due to uscis error, second one sitting in some uscis office gathering dust), and I'm planning on traveling to Europe to visit my family in December. I have a I551 stamp in my passport that expires two weeks after my return. I'm a chronic worrier and therefore would very much like to have a printout of wherever it states that LPRs must be allowed entry (albeit with an NTA if the officer so chooses) in case I get an uneducated CBP officer. Does anyone have a link?

Good news is you won't have to bother with removal of conditions

I'm pretty sure you need the approval letter. Anyone can send in the paperwork with the right amount of money and get a NOA1. That just means they've accepted your papers and cashed your check. It doesn't prove you actually have an approved K1 petition from which to adjust.

Yes, many moons ago during covid (aka when I filed my first I751) the packages would sit around for 3 months before being opened. All of our packages were opened after our greencards expired, but they still counted the date the package got signed as the filing date.

K1 doesn't make much sense if they're living in the same town.

I got 2 student visas in a row 10 years ago. First, I did a university prep program with an F1, and then a bachelor's degree program with a other F1. I know a lot of students who extend (might not be the correct term) their student visa by doing a master or doctorate after their bachelor's degree but most of them stay in the U.S. during the winter or summer break between the two programs.

Unrelated, but if she's already going to be here and the paperwork for K1 has not been filed yet, why not get married during the visit and then file for CR1?

Only U.S. citizens can file for their parents.

The expiration date of the greencard or of the extension letter? If it's the greencard, no problem. If it's the extension letters, she'll need to get an I551 ADIT stamp.

Not an option unfortunately as Austria doesn't allow dual citizenship.

Quick summary of my ROC journey. My first I751 submitted in 2020 got wrongfully denied due to supposedly not responding to RFE even though I later found out my response to RFE is in my A-file. Second I751 got submitted in January 2022 and is still stuck on "Case was received". I already contacted a congress representative last year. My next step is calling USCIS, get told there's nothing they can do, and then submit an Ombudsman request. The only problem is that I'm planning to visit my family in December. I haven't been to my home country since 2017 due a combination of waiting for AOS to be adjusted, then covid, then not being able to take time off work. I'm worried that contacting the Ombudsman now could increase the chances of my interview falling exactly during the 1-2 weeks I want to go abroad. On one hand I want to finally get my 10 year greencard, but on the other hand keeping my case sitting untouched on someone's desk for another 6 months isn't going to hurt me. The only thing that could be a hassle is that I would need to renew my ADIT stamp at the end of January. So what should I do? Should I get things rolling now or let the proverbial sleeping dogs lie?

Filing adjustment of status puts you in authorized stay. That means the person can (and pretty much has to) wait out their time inside the US. If they leave before AP or the greencard is approved, the whole process is considered abandoned.

VAWA while still living with the ex spouse? That probably wouldn't have been approved anyway.

I wonder if there's a way to temporarily disallow new posts so the mods can get some time to catch up on banning the spammers.

I was about to make a thread about that.

I'm a bit confused how you can know what country your future spouse is from when you don't even know who they are yet. Are you currently a US citizen?

It's a moot point for me since I can't get us citizenship without losing my current one. I'm more upset that I got a voice-mail saying, "we have found a way to possibly speed up your ROC" only for the senator's office to ask me if I'd considered filing for citizenship. Of course I have, this ain't my first rodeo with USCIS.

I've been in contact with my senator's office about my case, and they recently contacted me asking if I had considered filing for citizenship. Apparently someone at USCIS actually recommended it to them as a way to get ROC resolved quicker.

B2 or ESTA, depending on what country they are from

IF the judge rules against you, and IF you don't refile before an NTA is issued. Denial can lead to deportation but it does not inevitably lead to deportation.

Denial of ROC does not inevitably lead to deportation. It leads to an NTA being issued. Until a judge revokes your status, you would continue to be a permanent resident. If the judge does not rule in your favor and revokes your status, then you will be deported. Also refiling is always an option, but it doesn't mean that the new ROC will be successful.

I think you meant 2020 not 2008

Don't forget I-684.