Demise

CSPA age is Age on the first day the priority date becomes current minus time I-130 was pending. Since it was pending for 2 years 2 months you have until you're 23 years and 2 months old for the priority date to become current and then you have 1 year to file DS-260 to lock that in place. Past that point it really doesn't matter when it actually gets issued. You are unlikely to age out in this case. Just stay unmarried and if you do turn 21, make sure your father doesn't naturalize until you're in US since the age at naturalization does override the CSPA age. Alternatively yeah if he's able to naturalize before you turn 21 you'd be upgraded to IR2 which don't age out at all.

Okay yeah in that case put that as the current name and the maiden name under previous names used and that's that.

Other names used is self-explanatory. Put her maiden name, and her previous married name there. For evidence of name changes: Maiden -> First Married: Marriage certificate to her ex, also include a copy of her divorce order showing that she's free to marry. First married -> Second Married: Marriage certificate between you two. You can also put an explanation in the last page of the form explaining "I was born Jane Doe, married to Tom Smith, took his last name, divorced, didn't go back to my maiden name, then I married to my current spouse Andy Jones, and took his last name."

Spouse can withdraw I-864 and without that the AOS is toast and you can't really replace that. Like you can't have some other sponsor take it over. Still, I need to ask what prompted this question? Are you worried about something specific? K-1s can actually adjust via the marriage to the original petitioner despite a divorce if the basis for adjustment is the I-129F (Matter of Sesay), the thing is that would still require cooperation from the original petitioner in not pulling the I-864. Getting a new husband actually won't work for AOS since K-1s and K-2s can only adjust via marriage to the original petitioner (this can be the original I-129F, an I-130, or a widow(er) or VAWA I-360). In cases where K-1 enters and ends up marrying someone else you actually have to proceed as if you entered without inspection with the caveat that a VAWA I-360 still wouldn't let you adjust and you'd need to do consular and seek exemption from the unlawful presence bar if applicable. Same thing with K-2s, just for parent's marriage.

Nothing, just fill it out, check box 1.d., sign, and send it out.

Two native Americans are walking along a river. One of them crouches and runs his fingers through the soil. "White man was here." "How do you know?" "We are speaking English."

Yeah that's weird, did she include a copy of her taxes and was there a financial cosponsor (yes I know there shouldn't be)? Does she have any kids? Any capital losses that'd decrease the Adjusted Gross Income or anything?

Just file I-130/I-130A and if the question comes up down the line just explain that you misunderstood the process.

Can you get a no objection statement from your country's consulate? That's the generally easier option instead of doing I-612 for J-1/2 foreign residency requirement.

Nothing, messaged my senator yesterday to have them follow up.

Seriously, get a second opinion. It also possible that you misunderstood "being on the hook for and have to make at least 125% of poverty line" for "you have to pay 125% of poverty line".

Yeah you should, ideally someone else from whoever told you this nonsense lol.

Nope. 125% of the poverty line is what you need to make per year, that's all, the immigrant relative does not need to see any of this money.

Yeah the thing that you posted is pretty much what I said. You do not have to pay her squat absent any alimony order. I-864 is literally so if she takes one of these benefits before when she naturalizes or works 40 quarters: 1. SNAP 2. TANF 3. Medicaid (nonemergency) 4. CHIP 5. SSI Then the government can come after you to pay them back. That's all, that's the whole obligation. You do not have to keep supporting her. Considering what a pittance the above are she'd starve to death if she were to rely on this stuff.

Let's see this document because this is highly unusual. Obviously redact out any personal info.

Hopefully she naturalizes sooner rather than later, that also ends the obligation under the affidavit of support. Still, you are conflating two issues. 1. You are paying her right now because your prenup or because the court ordered alimony, not because of I-864. 2. I-864 obligation is solely for if she takes certain federal benefits (like SNAP, TNAF, etc) where the federal government can come after you to reimburse them. Basically the government doesn't want to be the one on the hook for paying welfare to a bum someone else imported.

That's what the website says, but if she offered go in there and ask her for it and see what happens. Like there's nothing to lose here. Worst case scenario you'll get told no and your license will expire in April, best case scenario they'll renew you as non-compliant. Last thing you could do is grab your I-485 notice and passport with K-1, print out of the Real ID Act and argue that because 202(c)(1)(B)(3)(ix) states that applicants for AOS are eligible them demanding an EAD is improper when you have the I-485 receipt right here since that's the proof of it and not an EAD.

I-485: Name: Use married name, put maiden name under other names used. Copy of marriage certificate will cover the name change. Passport/Travel Document: Put in the passport number, leave travel document # blank, for expiration put the passport expiration date. (Travel document # is for cases when you entered US on something other than a passport (e.g. Border Crossing Card, Refugee Travel Document, Green Card, Re-entry permit, Advance Parole, any of the WHTI documents, Enhanced Driver's License, etc)). Status on I-94: K-1 Current status: K-1 Signature: In US your signature is whatever you want, only thing that USCIS wants is that you stay consistent (i.e. use the same signature throughout, and on any follow up letters or privacy releases), so sign with the married name. I-765: Full legal name: Yes, use the married name Immigration status: K-1 One important thing, for the question 27 put (c)(9)( ), NOT (a)(6). I-131: Just put ASAP for the planned date (print it out and pen it in) In the purpose of the trip just say what you said here, you want in case of emergency. Put the receipt# of the I-129F.

Biggest question is: Did you apply for and receive an Employment Authorization Document? Maryland is a bit dumb in that it will only accept that or a foreign passport with a valid I-94 for Real ID. If yes, use the EAD as your primary document. If not then unfortunately I don't think much can be done here. Go hassle your senator or congressman to have them poke USCIS to get you the EAD.

Inquire via a congressman. Only thing I could think of would ironically be an approval because the I-485 gets moved from Nebraska or Vermont to National Benefits Center once it's able to be scheduled for further processing (i.e. when the I-360 is approved), which then forwards it further to a local field office. Still, I don't want to get your hopes up here.

USC petitioner's criminal record is generally irrelevant. Dude could be sitting at Death Row in ADX Florence and be able to sponsor a spouse (logistics of proving bona fides when you're spending 23 hours in a cell aside). Only criminal record that disqualifies a USC from petitioning is a conviction of a sexual crime against a minor under the Adam Walsh Act.

You are an LPR as of the moment you entered on your IR1. As long as you paid your immigrant fee, your green card will get printed and mailed to you eventually, that's literally the fee for them to print you a green card. If you haven't paid it I believe you should be able to do so here: https://my.uscis.gov/uscis-immigrant-fee/ You do not need anything else right now to apply for an SSN, the endorsed IR1 visa serves as proof of permanent residency for 1 year since entry and can be used in place of a green card to get a SSN, get a driver's license, work, travel abroad, etc. You could file I-131 for a re-entry permit, you just need to stay in US to do biometrics and past that are free to depart, just denote on the form that you want the re-entry permits mailed to the consulate abroad. Regarding your daughter, it's summer vacation in US right now, so you have about a month and a half to get her schooling sorted here, and have the school decide how to place her, and considering that the education standard of US is low I don't think she'd struggle with the material aside any possible language barrier.

I'll drop a joke because I'm bored and the thread is slow: A billionaire is on his death bed is surrounded by his 3 sons: a teacher, a priest, and a lawyer. He says to them "My sons, I know that they say you can't take it with you but I want to test that theory. I want each of you to take $100,000 from your inheritance and put it in my coffin." During the funeral each son placed a bag in the coffin. Sometime after the funeral the three sons met again. The priest says "Guys, I need to come clean, I put in old news papers in my bag. I thought about the good these $100,000 could do to my parish - beds for the shelter, better food for the soup kitchen, training workshops to get these people off the street, and I just couldn't, I'm sorry." The teacher says "I too put in crumbled in newspapers. I too thought about the good these $100,000 could do for the school - better equipment, food, clothes, and personal hygiene products for the students that need them and I couldn't just let that money rot in the ground." The lawyer says "I can't believe it that you two would just disregard our father's last wish like that." The other two ask him "What, did you put $100,000 in the coffin?" The lawyer responds "Of course I did, I put in my personal check for $100,000!".

Hey question, anyone know how long it takes Nebraska Service Center (before you ask - that's where new VAWA I-360, I-485, I-765, I-131, I-864W, etc. go to) to actually intake the forms? My AOS package (I-485, I-765, I-131, I-864w, G-1450) arrived June 21st, and so far radio silence (no receipts, no rejection, credit card hadn't been charged yet). Yeah I know, hurry up and wait, I'm just antsy after years of dealing with immigration nonsense.

Yeah it's one of those weird situations but otherwise consistent with law. Take the flip example of child IRs, F1s, child F2As, F2Bs, and all child derivatives (F1-F4, EB1-EB5, DV) have to be unmarried until you enter US or adjust status. After admission/AOS you are free to marry.