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Mike E

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Everything posted by Mike E

  1. Yes. Does you extension letter say: Your conditional permanent resident status is extended for 48 months from the expiration date on vour Form 1•551, Permanent Resident Card (also known as a Green Card).
  2. Any cooperation from the father now is moot given his daughter is over age 18, and apparently never legitimated.
  3. Options: * combined you have assets equal to at least 3 times the required income level * he has sufficient income now that will continue when he moves to the U.S. * you have sufficient income now that will continue when you move to the U.S.
  4. Per https://www.findlaw.com/state/colorado-law/colorado-marriage-laws.html Colorado lets you marry your existing spouse. I cannot find the post, but someone of visa journey reported that the Colorado state motor vehicles department rejected an out of country marriage certificate as a lawful change of name document because it was not in English. The department told her to get married and apply again. NY state also has a way for spouses to marry each other. In Colorado an officiant is optional. I believe my daughter (a dual citizen) went that route. Gonna be fun if she ever tries to import hubby to Canada. Luddites (Parliament, not my daughter and son in law).
  5. It depends on the following … Just get married, file an I-485 package. For good housekeeping you can include the I-129F receipt and a note to cancel the I-129F. According to my read of https://fam.state.gov/FAM/09FAM/09FAM040210.html practically speaking no. Per that link, it seems H2-B is not dual intent. So once I-485 is filed, leaving the U.S. means I-485 is canceled. And because he has expressed immigration intent, his H-2B visa is at a high risk being canceled at the port of entry. He can file I-765 and I-131 to get a work permit and travel document (advance parole - AP), with I-485 but these take over a year, usually. Once he departs the U.S., and enters on his AP, his H2-B status is gone. He would then have to work using his I-485-based EAD.
  6. Forget which one it is, but there is at least one state where an officiant is not a thing. The couple just gets a marriage license, signs it, sends it back to the county and they are married. This would violate: “If one or both parties are not physically present at the ceremony, we won’t recognize the marriage” Neither party would be present for the ceremony because there is no ceremony.
  7. Prior to age 3, did he, in writing, * acknowledge her as his daughter * agree to provide her financial support ?
  8. Thanks. Looks like a Colorado re-marriage certificate will be needed.
  9. Why not? It doesn’t? Can you cite that?
  10. This means something worse. While I have heard of I-130 interviews (which are bad news), I have never heard of an I-130 interview scheduled after an I-485 interview until today. You need to hire an immigration lawyer. 1. Was the petitioner born in the U.S.? 2. Has petitioner been married before? 3. Does the petitioner have a criminal record?
  11. Stuff like this, if prior to her marrying you is not relevant. Relevant is she still has those U.S. bank accounts. US drivers license, U.S. apartment lease, U.S. job offer, etc indicate intent to establish U.S. domicile. Yes
  12. Your physical location is changing. You need to let USCIS know you are no longer living in the U.S. This will prevent the exposure to a finding of material misrepresentation from amplifying.
  13. 1. Have you claimed to be a U.S. outside of visa journey? 2. What is the “resident since” date on your green card?
  14. The sole requirement for males who were in the U.S. between ages 18 and 26 less a day is that they registered. Since you registered before age 26, and assuming you can prove you are registered, this will have zero impact on naturalization, eligibility for federal employment, or eligibility for federal student aid.
  15. @EatBulaga 1. No advantage to waiting. Only disadvantages. When your 2024 tax return transcript is available, sent it as unsolicited evidence to the address listed on your I-751 extension letter 2. It is based on the expiration date of your 2 year GC 3. The sooner you submit, the sooner you get an extension letter. Too many people delay filing, travel, then a mishap causes their gc to expire while abroad with no extension letter and no way to get home. 4. Submit at the earliest time possible if submitting within the U.S. If submitting from outside the U.S., submit at 89 days before the card expires, because due to the international date late it is possible for a package to arrive the day before it was sent.
  16. I am advising you to try neither the 2 year and 1 day rule, nor the 3 year less 180 days rule. Instead, as I have written before, I
  17. Yes Not if the CO and CBP officers are thinking logically. Logically C1D is the best visa to have when there is a pending I-130 or immigration visa. U.S. C1D is also a visa that does not permit adjustment of status to an LPR. So, logically: * C1D should not be denied * The U.S. government prefers C1D over a most other non immigrant visas, such as B or F-1 student. Whether the CO or CBPO applies logic is anyone’s guess. Reference: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7 A. Crewmen A nonimmigrant crewman is barred from adjusting status.[1] This bar applies to an applicant serving as a crewman who is permitted to land as a D-1 or D-2 nonimmigrant, as shown on the applicant’s Arrival/Departure Record (Form I-94) or Crewman’s Landing Permit (Form I-95), and by the corresponding visa contained in the crewman’s passport. The bar also applies to an applicant who was admitted as a C-1 nonimmigrant to join a crew.[2]
  18. Hire a lawyer with experience in this situation. Does not have to be local. You can call into Jim Hacking’s youtube show to get his advice.
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