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Mike E

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Everything posted by Mike E

  1. This is not DIY. Yes you have to have your immigration attorney sort out the removal before the attorney files I-485. I am intrigued how an F3 petition caused a removal proceeding to be administratively closed. @Family ?
  2. No such thing AFAIK. Each I-130 is separate and independent. Are you in removal proceedings? Has ICE, CBP, BP, or any other law enforcement agency of DHS ever arrested or detained you? Are you under DACA? OK.
  3. 1. The I-130 your daughter filed is your more viable path to a green card. Have you filed I-485? 2. Is your spouse a U.S. citizen?
  4. IOW Amazon and Walmart shoppers are subsidizing freeways. So the more I buy from those stores, the less I pay at the pump. And so the less I buy from those stores, the more I pay at the pump. If we remove the subsidy, I will pay more for gas and Amazon and Walmart will lower their costs, allowing me to afford the higher priced gas. Works for me. I do not know if most Amazon and Walmart shoppers drive, but I am certain most drivers shop at Amazon and Walmart.
  5. 1. So you are in the U.S.? 2. Did you enter with inspection? 3. Did you over stay? 4. Is your daughter U.S. citizen? 5. Is your parent a U.S. citizen? If so, per https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-september-2023.html your category is F3. For Philippines, cases filed 08JUN02 or earlier are being considered. I would say you have at least 20 years before an immigration visa is available to you.
  6. My road trips would be a lot more pleasant if tractor / trailers, diesel or EV, got off the interstate. Long haul freight should be moved by train. I will not lament the death of long haul trucking. I once looked at taking the train from Nice to Paris, and Air France was just too convenient. Even though upon arrival at Orly, a bomb scare prevented Uber from coming to airport to pick us up for several hours. The map suggests why: France is mountainous country. There are parts of Europe where trains for passenger traffic just aren't the answer.
  7. I would marry, file I-130/I-130A, and then withdraw I-129F.
  8. How many months? Did you also send in I-485? October 2023 would be a good time to file for a WoM:
  9. For your protection you should do the CR-1 visa. If you do the K-1 visa: * once you enter the U.S. you are at your husband's mercy to complete the adjustment of status process. At the mercy of a person who has at least two severe illnesses that have a significant probability of influencing his behavior with respect to your immigration process. * you will be unable to work until you have employment authorization (EAD or green card), and it can take years to get employment authorization * You will most likely get a 2 year green card. You then have to remove conditions. Given his history, you have consider the possibility that he will not be cooperative at that time, or your marriage might have difficulties If you do the CR-1 visa: * once you enter the U.S., you will get a temporary green card instantly, and the real green card several months later * you can time your CR-1 process to ensure that you get a 10 year green card: as long as you enter the U.S. on your CR-1 visa after being married for 2 or more years, you will get a 10 year green card. * with a 10 year GC, if the marriage does not survive or his illnesses are two difficult for you to cope with, you are free to pursue your own life in the U.S. The CR-1 process protects you and puts you in a position to help your husband through his illnesses.
  10. The paper form asks if he is currently inside the U.S. Only if he is are these answers required:
  11. Worst case scenario they will lock her up until her removal trial if the decision was to deny. Second worse case scenario is an I-193 fee if the decision was to approve and the card was delivered while abroad.
  12. Indirectly. It will jeopardize your naturalization by jeopardizing your LPR status. If you get put into removal proceedings by CBP because of your travel pattern, I presume it will be more difficult to naturalize with a pending removal trial in immigration court, because naturalization is predicated on being an LPR. If the trial concludes your LPR status terminated sometime on or before September 6, 2023, I do not see how you can naturalize. I also see it as the least of your problems.
  13. You can try. You have been gone more than 3 consecutive years. If your leave the U.S. before you naturalize or accumulate 3.5 consecutive years of physical presence, you elevate your risk of a finding that you abandoned your LPR status.
  14. LPRs cannot be denied entry at a physical of entry. At Dublin even U.S. citizens can be denied entry
  15. Yes. Sooner the better. Fly to the U.S. Do not sign I-407. Do not leave for 3 years. Then file N-400 LPRs are not eligible for ESTA. LPRs legally cannot be denied entry
  16. Get on a plane to the U.S. Risky. You can be denied and they take your GC as well. I would not attend. Legally you cannot be forced to file I-407. I would not do that. ESTA is not for LPRs. Legally LPRs cannot be denied entry. Your situation comes up several times a year on VJ. In all cases when there is a report, the report is the LPR is admitted into the U.S. as a returning resident. Some times there is warning.
  17. From the other thread, because the sponsor filed a joint tax return, NVC interpreted the instructions as requiring a complete tax return from the sponsor, with all accompanying forms and schedules. After re-reading the I-864 instructions, the sponsor (the OP of that thread) conceded that interpretation. Simply getting the W2s and 1099s of the joint sponsor’s spouse could lead you to delays as experienced by the other thread’s OP. What the joint sponsor’s spouse should not have to do is file I-864a. However in some cases the CO does require I-864a.
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