Family

As you have experienced with advice from other attorneys, usually behind closed doors ( in confidence) , because your beloved is here , she is allowed to take advantage of “ Changed Circumstances “ and adjust without any issues. Your best peace of mind resource on VJ is to read posts of members both current and past .. Believe you me, the active long time Fellows like @Crazy Cat and @Boiler to name a few , would sound alarm bells ..so don’t fret on presumption of immigrant intent..she is safe.

Yes ..but you need a statement/ letter explaining why you were exempt from filing most recent year ..

Self delete

I do empathize with the sentiment for those without the “ privilege “ of ESTA , VWP and B2..that have no choice but to wait in line. Doubt that they would take drastic measures for IR s since the overstay rate is pretty small . It will of course help to figure out a way to secure the border…maybe we get Canada to show us or give a bit of help..they are always praised https://www.dhs.gov/sites/default/files/2021-12/CBP - FY 2020 Entry Exit Overstay Report_0.pdf Visa Waiver Program (VWP) Country Overstay Rate This report separates VWP country overstay figures from non-VWP country figures. For VWP countries, the FY 2020 Suspected In-Country Overstay rate is 0.56 percent of the 16,232,821 expected departures. Non-Visa Waiver Program Participant Countries Overstay Rate For non-VWP countries, the FY 2020 Suspected In-Country Overstay rate is 2.22 percent of the 13,807,503 expected departures.

@Family He just has to file before her 21st birthday not have the immigration done before Yes .

I watched the video. Jim Hacking, the attorney, is 100% correct, imo!!!! Hacking said to file an I-130 and an I-485. He is right since she entered the US legally, with no intent for fraud There are plenty of episodes , Hacking tells callers to have their overseas Fiancé ( with pending I-129 F and an available ESTA or B-2) to go ahead come in for a “ visit” and then adjust because “ those morons are taking too long”…never ceases to baffle me. Since your Fiancé made past go ( so to speak) and cleared CBP.,every attorney you consult will tell you : go ahead and file the adjustment… In your case, your Fiancé seemed happy to spend time on her planned US visit, go back and attend her own commitments ( brother’s wedding) and follow the course of the pending I-129 F…and her B-2 remains available to her until that is complete. …or did I misunderstand her cues?

The parental relationship established by the marriage to children’s mother is not invalidated by the subsequent adoption…so filing the four I-130 s and four Adjustments is the path…and it’s important he files before the oldest turns 21. He will likely not be ready before the new revision of I-485 effective 12/23/2022 . ..so heads up to the new public charge questions

Congratulations! They will just send you the green card!

Now you got me humming “ All my exes live in Texas…”😂

As it stands , only 1 year of showing Tax Return is required, other 2 are optional , no matter what the internet says. Additionally, yes the most current Tax Return can be $5k or $200k..it will have not qualify unless the Paycheck ( current income) makes the cut.

Let’s assume it was a good attorney, he would have filed a FOIA for all the records of the I-130/I-485 especially since OP and wife had 2 Stokes interviews.. and RFE would definitely been in there. .. Would I be wrong in asking if the date you and wife separated is around the time RFE was sent ?

Friend needs to file I-485/I-130 for wife and the three children now. Kids will get their green cards as IR ( immediate relatives) based on the marriage. . Meeting the adoption requirements ( either by Hague Convention Rules , clearly not followed here OR arguments that children are not habitual residents of Australia..gets complex). .PLUS he would have to wait another TWO years after adoption date to even try AND .between the legal fees and 3x N-600 fees..not a practical or a sound choice… There is no hanky panky with new birth certificate…but friend needs a bit of clarity on next pragmatic step to get his new family on status soon. FILE Adj for all now. … Leading Expert on military naturalization is Attorney Margaret Stock.. https://www.uscis.gov/adoption/after-your-child-enters-the-united-states/us-citizenship-for-an-adopted-child Adopted children who meet the requirements of INA 101(b)(1)(E),(F), or (G) of U.S. service members or U.S. government employees, and certain children of their spouses, may automatically acquire citizenship under section 320 of the INA. This may include children of parents who are stationed and residing outside of the United States. For additional information on eligibility, see USCIS Policy Manual Volume 12, Part H, Children of U.S. Citizens, Chapter 4, Automatic Acquisition of Citizenship after Birth (INA 320).

$410 or a fee waiver..not a bad idea Your check will be cashed next week and Your approval will come mid January , this is not a wish , rather a cosmic command .

I am certain your I-360 file is at VSC but even if it had been transferred ..it would make no difference because the I-824 for a VAWA is assigned to VSC so no use putting yourself through green eyed misery. .. You know what they about a watched pot..bloody thing never boils.

You indicated you just want to know where your file is …if you filed w Vermont and approval was from Vermont and you never received notice that case was transferred, then it’s safe to assume it’s still w VSC. Plus shortly after approval you filed I-824 and that too is w Vermont. The old 6 mo processing time was not “real” anyway and the change they implemented in the new calculation is probably more realistic as they tackle backlog and you know the challenges for everyone w consular delays. ..but don’t feel singled out, even a simple I-90 can take 2 years. From what I know, a stand-alone I-360 just stays w VSC ..for those whose previously filed I-485 ( old one w the I-130) that was held in abeyance/ on hold then VSC would initiate transfer to another service center ( shared workload) and then to Field Office… The email you received recently Re DOS actually is encouraging and I think they are working on your file. Keep up your spirit

There is no risk to your LPR status, given the work related absences and if you are up to a good challenge.. and willing to part w filing fee ..you can try under the 3 year rule as soon as you can count enough days to satisfy 1/2 of 3.. Then go in packing charm and a little statute research ( plenty available where USCIS lost on its narrow interpretation of marital union)…you may succeed. Worth the challenge if you can risk fee..but this is not a popular opinion on this forum

Lawyer up and get some forensic accountant to start finding those undisclosed accounts..

212h is the section of law thar allows a criminal conviction for controlled substance exception for 30 grams or less ( also a few other issues not related to you).,the I-601 is the waiver available to you w qualifying relative showing of hardship. So it’s a big investment of $$ and time and best filed with I-130 spousal than I-129 F fiancee . More reading https://www.shusterman.com/212h-waivers/

You realize you pasted inadmissibility related to prostitution..so unless that is part of the marijuana citation..it does not apply to you.

If you are committed to the relationship, marry first file I-130 and stay steady for the long run. Only after the IV interview at consulate and a paper refusal letter with inadmissibility findings will give you a valid path to filing the I-601 hardship waiver… Unfortunately you cannot pre empt filing the I-601 before consular refusal letter ( USCIS AAO non precedent decisions are full of denials for premature filings ) so talk to attorneys that can cite section of the law ..better to Pay for Better than Pray … Proving the hardship is doable so don’t stress. What you can also prepare for is getting a ONE YEAR medical ban from the date of interview, during which you will have drug testing every 3 months at the designated panel physician location. You may be able to pre empt that ..,but would need to work it out in advance with same panel physician that will do medical exam for IV interview.. to make sure it will suffice for him to sign off . Here ‘s a bit more resources and easy reading. https://defendermanuals.sog.unc.edu/sites/default/files/pdf/3.5 Crime-Related Grounds of Inadmissibility.pdf The inadmissibility ground does not contain the exception for a single offense of simple possession of 30 grams of marijuana. In other words, a conviction for possession of any amount of marijuana will make your client inadmissible

Prior FAM link attached in error Here’s the physical presence info https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4

You seem to be an LPR / green card petitioner, and therefore your son shows up in your husband’s case. Since you filed a separate I-130 for your child and he has his own case number AND you already paid his IV visa fee for his case , then you do not need to pay it again from the invoice on your husband’s case. You can just send an email to NVC on husband’s case and explain the derivative has his own case number and have them delete it from husbands case. Also tell them you are requesting the two cases ( write out each case number) need to be scheduled for IV interview TOGETHER

You need to apply under 5 year rule and count 913 days of physical presence. Don’t apply under the 3 year rule because you risk not meeting the under the same roof test of marital union and USCIS often uses the very limited interpretation of sleeping under same roof. https://fam.state.gov/fam/09FAM/09FAM020102.html

Don’t take anything for granted and begin Urgent Campaign to get Fiancé to travel before visa expires OR have it IN WRITING that she will be re issued a visa without the need to start from scratch. Child can travel without visa / passport . Also try contacting US Citizens emergency officer at the Embassy to see if they will do an emergency passport for the baby. https://fam.state.gov/fam/09FAM/09FAM020102.html Waiver for Certain Children Not Required to Obtain Visas: (1) Child Born After the Issuance of Parent's Visa: A child born after the issuance of a visa to an accompanying parent who will arrive in the United States with the parent and apply for admission during the period of validity of the visa issued to the parent is not required to obtain an immigrant visa.

When given one field without separators you write out your full legal name as First Middle Last. Some cards or forms only allow limited character spaces so even if they do not show in its entirety , ur name does not change. Abandonment in your case seems voluntary..is it in the best interest of the minor child or are parents at odds / in conflict? I won’t theorize a response without understanding your particular facts …are parents divorced with one LPR parent living in US and other in home country? When did parent abandon LPR ( leave the US)? When did child abandon? Who has physical/legal custody?