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SteveInBostonI130

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Everything posted by SteveInBostonI130

  1. SteveInBostonI130
    This my be better if moved to the regional forums. Each embassy have their own method of managing their calendar and opening up the next batch of slots. Some may update the schedule weekly on a certain day or time. Some may update monthly. Perhaps others here from NZ may know. Cancellations typically free up a slot the day after the person cancels. Those 1 or 2 free slots need to be check for daily. There may be a certain time the system updates - 12AM, 6AM, etc.
  2. SteveInBostonI130
    With his US birth certificate he is a USC. Apply for a passport at the US embassy/consulate. You'll need to check the embassy site for the documents he will need. I am not sure what is meant by "payments". Does he have debt, is this for a lawyer, or is this for a 3rd party that is promising to get him a visa?
  3. SteveInBostonI130
    Best to send a letter withdrawing the I-485. For the spouse visa, this adjustment attempt will probably be asked about during the interview at the embassy. You will more than likely need stronger relationship evidence than others and be prepared for heavy scrutiny. But after you serve the bar for re-entry, technically you can immigrate.
  4. SteveInBostonI130
    Your brother's category is IR2 because he is a child of USC (under 21). Your category is F1, unmarried son/daughter of USC over 21. You cannot adjust status until a visa number becomes available, which is about 8+ years currently. You cannot overstay. You are not an immediate relative of a USC because you are over 21 at the time of filing. Your category is family preference, and overstays are NOT forgiven. As @powerpuff stated, you need to leave the US if your authorized stay is over. If you leave before 6 months, you will avoid a ban. If you leave over 6 months and before 1 year of overstay, you will just have a 3 year bar.
  5. SteveInBostonI130
    99% likely yes, she will need a joint sponsor. The 125% Poverty guideline is the bare minimum needed to be considered for qualification. The ultimate decision is in the hands of the CO at the embassy/consulate interview. There is a good chance the I-130 will not be approved until year end or next year. I-864 will not be needed until the NVC step, which is after I-130 approval. She has some time to either get a raise or a better job.
  6. SteveInBostonI130
    See I-864 Instructions https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf Page 8,
  7. SteveInBostonI130
    That may be the reason for the extra delay. The embassy may be waiting for background checks from the DOJ (Department of Justice).
  8. SteveInBostonI130
    Over 5 years
  9. SteveInBostonI130
    There is no 100% guarantee that you will not get into trouble. The K1 has rules and stipulations, and one of them is not being authorized to work, on premise or remotely.
  10. SteveInBostonI130
    No. That is fraud.
  11. SteveInBostonI130
    B2 visa to visit her daughter and provide emotional support during her pregnancy and recovery. Different visa for being and Au Pair.
  12. SteveInBostonI130
    No to travelling for another 6 months after being in the states for 1 month (and being away 5.5 months prior). Yes to VAWA 3 yr naturalization.
  13. SteveInBostonI130
    He cannot affect your immigration status. You can document the threats he has made and consult a divorce attorney.
  14. SteveInBostonI130
    You are missing the point. You need legal and physical custody of the child for at least 2 years before you can file the I-130. Therefore, as of now, there is nothing to file. From your posts, you have visited her for 2-3 months per year for 6 years while she was under the physical custody of her grandmother. You have not shown any evidence of legal AND physical custody, like custody orders from the court. Details are key.
  15. SteveInBostonI130
    You do not qualify for the 3 year rule. You need to be either married to a USC or be the widow/widower of a USC who died during active service member to the US military. VAWA does not qualify. You will need to wait until 90 days before 5 years since becoming an LPR.
  16. SteveInBostonI130
    After 4 years of overstay for the family (mom, dad, daughter), mom and dad get a divorce, dad scampers off and mom conveniently marries a USC before the daughter turns 18. Mom's date of becoming a USC will probably be close to when the 10 year bar for ex husband will expire. Then perhaps another convenient divorce and remarriage. The above cynical scenario is what will probably go through the head of the USCIS case officer who reviews their files. It will be up to the mom, daughter and lawyer to convince USCIS otherwise. Hence, the need for a good lawyer.
  17. SteveInBostonI130
    Read the N400 page on USCIS website. For 3 year rule, you need to prove you are and have been in a bona fide relationship with your USC spouse. Financial evidence, cohabitation evidence, etc. For the 5 year rule, just that you have been an LPR for 5 years.
  18. SteveInBostonI130
    In this case I recommend using a lawyer. Don't go with the first lawyer they meet. Consult with several and ask if they handled similar cases.
  19. SteveInBostonI130
    Determine what is more important - getting citizenship asap or being with your parents at this time. If the latter, then wait to file the N400 under the 5 year rule - less evidence and simpler process.
  20. SteveInBostonI130
    When the I-129F arrives, the receiving person will scan all pages to PDF. That person will not be your friend if you send what you described. Keep it complete and simple.
  21. SteveInBostonI130
    And your question is...?
  22. SteveInBostonI130
    When your AOS was denied you were out of status. I assume it has been several years since that first denial and the other denials? This is a complicated case. Your current AOS gives you authorized stay. Your I-131 was approved and therefore you should be able to travel and return. My concern is what the system at CBP states about your status. If you are flagged for X days of overstay, they may give you a hard time. Or they may see the pending AOS and let you in. The above is moot if you don't plan to travel until your current AOS is processed.
  23. SteveInBostonI130
    Passport style photos are 2in x 2in or 50cm x 50cm. The label itself determines the size criteria.
  24. SteveInBostonI130
    No idea. It all depends on the details of your case. It doesn't help with you explaining it - we do not have the pass/fail criteria or experience. The CO will review the records and make a determination.
  25. SteveInBostonI130
    Yes
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