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SteveInBostonI130

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Everything posted by SteveInBostonI130

  1. It seems he petitioned his daughter, your sister. Your nephews and nieces are derivatives of your sister. Until your sister's PD is current, there is no visa available for her to proceed with her immigration process. Medical emergencies, death, etc. cannot override this requirement.
  2. First, U4U uses I-134A, not I-864. Is the question/problem related to U4U? After reading this a second time, I assume the wife filed for AOS for her mom? The I-485 is for the Mom? If so, then the simplest method if for the ex-husband to fill out a I-864 as a joint sponsor. The wife should fill out a new I-864 as well, showing $0 total household income. Have them ready for the Mom to take to her AOS interview. The Mom would explain that her daughter divorced and her ex-son-in-law has agreed to be a joint sponsor.
  3. ??? Why cancel? Let MIL attend her interview. Getting a B2 visa does not mean she has to fly out the same day. She can wait for FIL to get his interview and fly together, or better yet fly first and FIL travels later. This is assuming the B2s will be approved, which is a different matter. Being a medical EMERGENCY, I would assume MIL would need/want to fly right away. Cancelling her appointment to get a joint appointment to try to get the FIL visa approved does not seem like time is an issue, but your wife has urgent need...something is off here.
  4. I do not know of any US employer who will employ a person that does not have a SSN. This has nothing to do with immigration. It has everything to do with the IRS.
  5. Ignore the warning message, get DQ'd. Line up a joint sponsor just in case (have them fill out the I-864 and sign it, but do not submit it). Go to the interview. Worst case the CO will state you do not qualify on your own and want a joint sponsor, you submit the already completed joint sponsor app, bob's your uncle.
  6. 1. She will need to file US taxes when she gets her GC. 2. She will need to explain to CBP just about every time she enters the US why she stayed away for over 6 months. 3. After the 2nd, 3rd, 4th time or so, CBP will question whether she actually resides in the US or if she resides mainly elsewhere. She can be pressured to sign the I-407 to relinquish her LPR status or be given an NTA to appear in immigration court. As Boiler mentioned, find out why her B2 renewal was denied and work from there.
  7. Your uncle cannot AOS because he entered without inspection. If he leaves, he will get a multi-year bar. Your uncle needs to consult an experienced immigration attorney.
  8. It is clearer if you file the I-864 as the primary sponsor and your wife the I-864A as a contributing household member. You FIL files his own I-864 as a joint sponsor. He can add his income to yours as a household member and he files the I-864A, but then you will need to reconcile the 2 separate tax returns.
  9. The process is for Humanitarian parole, starts with a sponsor filing I-134A. This is different from filling out the I-134 affidavit of support for a fiance visa. Should not be an issue. Filing the I-134A should not affect the ongoing I-129F until the beneficiary is given the travel document and enters the US. Even then, technically it has no impact against the K1 visa until you marry.
  10. I would estimate 75% or more U4U recipients are outside Ukraine. 6 people I met sponsored by my wife's friends were residing in Poland and Germany.
  11. 1. Ukrainians can easily get tourist visas to the US. In January, my nephew got his 10 yrs B2 visa approved at Bratislava with just verifying his name to the interviewer. Your lawyer has out of date information. If you just want them to visit, this is the fastest method. 2. U4U will allow them to enter the US and you can marry and adjust. Or you can marry there first. You will need to file the I-134A for each - mom and son. A while ago this form took a few weeks to approve. Now with other Humanitarian parole eligible countries, it is taking longer to process. 3. K3 is obsolete.
  12. All K-1 petitions are mailed to the Texas lockbox. They will open, verify payment, and scan the documents. As others have stated, the vast majority are assigned to California. When the petitioner has a potential VAWA or AWA criminal background, then it goes to Vermont where it take about 10 months longer than California.
  13. There is no "preparation". You need to clearly state your current situation and if it differs from 3 years ago, state those differences. If your situation has not changed, that your ties are the same as 3 years ago, I do not see them approving your visa.
  14. It is better if the USC spouse is posting the question. Best if both parties are involved. It depends on how detail oriented you are and how patiently and thoroughly you read all instructions and guides. It is not complex, but it requires a good understanding of the visa process and being able to accurately and completely fill out forms.
  15. About 6 weeks on average for NVC to schedule the interview.
  16. Did you check the Canada regional forum?
  17. 1. You can submit the offer letter with the contract. An offer letter by itself is not proof of employment. 2. You can add your spouse's income if his/her work will continue after they immigrate to the US. If the income is strictly for his/her current employment that he/she has to terminate when they move, you cannot include it. 3a. The decision is based on current income. What you make now: weekly x 52, or monthly x12, or biweekly x 26, hourly x 2080, etc. 3b. You will need to explain why you were not required to file taxes for the previous 3 years. State what you wrote here.
  18. 1. Who's work schedule? The K1 interviewee or the US citizen petitioner? 2. What country?
  19. Although it is food new in OP's specific case (not having to file I-751), I would not advise anyone to purposely place themselves in OP's situation. There are nightmare stories of being detain by local law enforcement and ICE, plus the constant fear of being caught out of status.
  20. 1st, the answer is No because the person (OP) was not the person cited, arrested, charged, etc. 2nd, the answer is No if the OP was the person cited for failing to yield and speeding because both are traffic violations.
  21. Advice to find someone to marry when the main discussion is about immigration is subject to issues. I found relationships difficult enough to find the "one" without factoring in "will she petition me for an immigration visa" into consideration.
  22. There is no timer that "resets". 4 months May to Aug 2023, then 5 months April to Aug 2024 is ok. 4 months Sept to Dec 2023 and 5 months Jan to May 2024 may pose issues.
  23. No. Your father will need to file a I-130 for you. A new one. It will be category F1. In it, your father should present the evidence of the old I-130 F2A petition, of which you were a derivative beneficiary. He would ask USCIS to apply that I-130 PD for this new I-130 for you. If they do, your PD would be 2005 or earlier (the date the old I-130 was approved). At the same time, ask your sister to file an I-130 for you, category F4. This is for backup, in case USCIS does not give you the old I-130 PD and your father passes away before your F1 immigration visa is obtained.
  24. First, you can apply for removal of conditions in July 2023. July and Aug have 31 days, so apply 2 days beyond the expiration date in Oct 2023. For example, if the card expires in Oct 21, 2023, then apply July 23, 2023. Wait for biometrics appt after submitting the I-751. Because your wife adjusted, they may re-use her AOS biometrics. Wait to confirm. After biometrics or notice that biometrics is waived, your wife can travel anytime with her expired GC AND the NOA1 from the I-751 filing. The NOA1 should extend her GC by 48 months. Travel outside the US for more than 6 months may lead to questions by CBP when she returns. Travel of more than a year will almost definitely lead to questions. There is no black and white rule about the duration away - it seems to be a judgement call by CBP whether to question US residency status. If your wife wants to naturalize as soon as possible, it is best not to travel for more than 6 months. She is eligible to file in July 2024. She would need 3 months residency in the state immediately prior to filing.
  25. When she filed to adjust status, I-485, she was given a conditional greencard after approval. What is the "Resident Since:" date on that card?
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