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Demise

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Everything posted by Demise

  1. Has your ex naturalized since then? If (s)he's still an LPR then you're not eligible to naturalize after 3 years. If it has been over 5 years then you're fine regardless. If it has been 3-5 years then well, when did you become an LPR and when do you believe your ex became a citizen? You need 3 years for both. I believe that USCIS can just look it up since getting a copy of naturalization certificate can be pretty damn hard from someone who you are not in contact with and likely wouldn't want to help anyways. Judging from the policy manual Volume 3, Part D, Chapter 2, it looks like they will take any other evidence, so just something with their A-number should be enough for them to look if your ex naturalized and when.
  2. You are applying based on VAWA. Your IB1/IB6 green card is proof of that. If your green card reads IR1/IR6 then you'll need to provide a copy of I-751 receipt notice showing you were granted a VAWA waiver. If your green card reads B21/B26/BX1/BX6, then you will need to provide evidence that your ex naturalized since then. Generally you should be able to give them an A number and USCIS should be able to look it up. In the unlikely event that your green card reads Z14 (from VAWA Cancellation of Removal) then you'll need to prove that you were married in order to qualify.
  3. What does it say exactly? I just pulled up a copy of mine and it does say: "Evidence of your sponsor's and/or co-sponsor's United States Citizenship or Lawful Permanent Resident status.", the thing is that is a bullet point associated with an I-864, since this is a VAWA and you've filed an I-864W this is not applicable. If you haven't filed an I-864W, print one out, fill it out, sign, and bring it to the interview with you. If it does actually say to bring their Certificate of Citizenship, then well, if you don't have it, you don't have it. Tell them that "I don't have it, it's not my document to have". VAWA is also one of the few cases where USCIS can do some investigating on their own, if they're a naturalized or derived citizens they can just find that by their A-number. If they had a passport they can likely pull that from the Department of State. I don't know if they investigate birth certificates with the local departments. Moreover, USCIS does not interview for I-360s, meaning that at the time you get an interview for your I-485, whether your ex is a citizen is an established fact.
  4. The only way this could be salvaged is if: 1. You have a spouse that was born in an eligible european country and they're immigrating together with you (e.g. they were born in Portugal), or; 2. You qualify under a "just passing exemption", basically immigrant visas are generally charged to country of birth, but if you were born in a country and never lived there and neither of your parents were born there, or resided there at the time, then you could charge it to a country one of your parents was born in (e.g. both of your parents were born in Portugal, you were born during a vacation or in transit). 3. 1 and 2 both apply (e.g. your spouse was born in lets say Canada during a brief visit, but lets say one parent was Russian and the other was German).
  5. Honestly, mostly personal information, the whole bunch of yes/no questions, why I filed for VAWA. Give short answers, say only as much as you need to, and you'll be fine.
  6. Well boys and girls. My I-485 was finally approved today.
  7. Yeah do that. Current as proof of your identity, old as further document linking you to the entry record.
  8. Just do a FOIA with CBP and see what turns up. If it says they did an expedited removal, include that, if they just denied you entry and voided your ESTA include that. If it was under 5 years or you wanted to try ESTA again I'd recommend writing to them to ask that they nunc pro tunc: 1. Give you satisfactory departure for the time you overstayed your ESTA by two days because [list of reasons why that happened] 2. If first item is approved - allow you to withdraw the application for that second admission to clear up the record since in that case the eligibility wouldn't exist But in this case, just give the consulate proof that you were either ER'd out, or just denied entry and allowed to leave on your own. Wouldn't hurt to explain in a cover letter as to what happened there exactly. "Overstayed ESTA by 2 days, was denied entry on subsequent trip, was not given an expedited removal.", or "Overstayed ESTA by 2 days, was denied entry and given an expedited removal on subsequent trip, more than 5 years have passed.".
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