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Mike E

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Everything posted by Mike E

  1. Mike E
    Does she issue you a W-2?
  2. Mike E
    Ohhh. This got complicated fast. I don’t know what happens if you get an NTA and she has an immigration visa. The DIY approach suggests to be you should enter first. If you are admitted as returning resident she takes the next flight. Otherwise you talk to a lawyer.
  3. Mike E
    You have to be admitted into the USA. Refuse to sign I-407. You have good evidence. Worse case you are admitted as an arriving alien and given an NTA. Your evidence is good and you will probably win at trial. I think N-400 will be rejected because OP broke continuous residency
  4. Mike E
    He should not claim to be a citizen unless he is placed in removal proceedings. And once he is inside the USA he should claim his U.S. citizenship
  5. Mike E
    With the I-824 needing to be filed after the I-130 is approved I would say so. However, I don’t know if consular processing can be requested before I-130 is approved.
  6. Mike E
  7. Mike E
    right. I am surprised. So the officer didn’t ask her: ”how long do you plan to stay?” ? Did she have a return ticket (from the USA) booked when she traveled back to the USA?
  8. Mike E
    Surprised the lawyer said she can file I-485 again since she clearly entered the USA with immigration intent. Did she talked to a CBP officer at the port of entry?
  9. Mike E
    Are you moving tomorrow?
  10. Mike E
    I didn’t say that. If you’ve been in Ohio for 3 or more months, and https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility says you are eligible to file then file today.
  11. Mike E
    yes 3 months. https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility you’ve 10 days to do so. You can apply for citizenship today if eligible. If your move caused you to move states, USCIS will move the case to another state.
  12. Mike E
    Ouch. As worded that they are going to RFE her for a fresh letter. Go with a scanned copy and see what happens.
  13. Mike E
    😂
  14. Mike E
    Can you copy / paste what the email said (minus any personal info)? Meanwhile write a new letter. Print it. Sign it. Scan it. Send it to to your fiancé over email.
  15. Mike E
    yes. I don’t believe so. Logically if it were so, people would file I-485 all the time to cure a ban, and then immediately withdraw. A consultation with a lawyer licensed for U.S. immigration law will confirm.
  16. Mike E
    I’m afraid the situation for K-1s is bleaker than being portrayed. https://www.visajourney.com/timeline/stats.php?history=90 573 days for k-1 https://www.visajourney.com/timeline/irstats.php?history=90 498 days for cr-1
  17. Mike E
    Authorized stay and visa expiration are different things. You need to determine what your authorized was. J-1s are issued for a braid set of uses and the authorized stay depends on the use. Hard to say because we don’t know what your original authorized stay was. If USCIS is correct, then I don’t think you have ban. If USCIS is wrong, then you do have a ban, and it expires most likely in February 2030. You might have to hire an attorney who will do a FOIA on your entire record. This will cost 10-100 times more than $160 to try to get a visa.
  18. Mike E
    How long were you in a state of unauthorized presence during they period? IOW what was the length of time between when your J-1 authorized stay expired and when you filed I-485?
  19. Mike E
    Why not?
  20. Mike E
    Yes. @Crazy Cat’s wife. 44 months. Then she capitulated and became a citizen. She is now on the passport death March. As is my wife (became a citizen about 4 months later. Like you, Mrs Crazy Cat and my wife were citizens of countries that don’t allow dual citizenship. My wife has strong ties to her former country so her oath was a bittersweet day. But the inconvenience of even a 10 year gc got to be too much.
  21. Mike E
    Doesn’t add up and it doesn’t matter. Focus on booking his flight to Mexico City and his next flight to a border city like Tijuana or Juarez. Gather all his evidence of being an LPR including his A number. The embassy is a waste of time imho.
  22. Mike E
    Asked and answered. I’m out.
  23. Mike E
    If is withdrawn eventually the status might be reflected in the online status. USCIS doesn’t pay much attention to keeping statuses up to date. The worse case I recall is when the petitioner withdrew I-129F. USCIS didn’t act on the withdrawal until years later when the beneficiary tried to become a U.S. citizen So if your petitioner says I-129F was withdrawn, do not go through with any immigration process until a new I-129F is filed. Or better yet, you two marry and he files I-130.
  24. Mike E
    The resounding absence of a “yes” would appear to be your answer. VJ is mostly a DIY site, and your case is not DIY. I’ve never seen a single immigration lawyer post here. Just a few non immigration lawyers who know no more and no less than we do. @Family might have seen such a case. Reddit’s immigration and USCIS sub-reddits have plenty of immigration lawyers who might respond especially if they think they can get your business. And some of those lawyers are good. And some are bad.
  25. Mike E
    Are you the U.S. citizen or the alien?
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