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OldUser

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Everything posted by OldUser

  1. There's no maximum wait as far as I know.
  2. Well, my understanding is renewal requires processing outside of the US VS extension is done on US soil. I think that's a very important distinction in your case. I based my answers on that assumption.
  3. I'm not very familiar with O-1 but I suspect what OP actually meant is extension not renewal. From my limited research, O-1 status can be extended without leaving the US. I do not see a problem here. OP can have AOS and O-1 extension going at the same time because of O-1's dual intent. ~ Not a legal advice ~
  4. 0. Do not use word "visa" when talking to anybody about green card (GC), especially when you talk to police, officials or USCIS. You're a permanent resident and do not need a visa to enter US. 1. File a police report 2. File I-90 3. You can get an I-551 stamp in passport by arranging Infopass when you have I-90 receipt 4. No problem naturalizing even if you don't have a physical GC 5. Call all the banks and lock the cards, report them stolen. 6. Do not leave the US until you have a replacement GC or valid I-551 stamp. Or, if you naturalize, without US passport.
  5. My datapoint may be old (AOS in 2019-2020) but I put "To be determined" or something like this instead of concrete dates. I got AP + EAD combo. However, I heard nowadays many people never receive AP even if they filed for it. I wonder if it is to do with certain government agencies processing influx of other immigrants through southern border and don't have the capacity to do other types of cases.
  6. He should be able to request the certificate? Yes, it might be an issue. As part of application, you need to prove citizenship of grandparent.
  7. - Do you have to leave the US in order to renew it? (I suspect yes) - Do you have a Advance Parole (I-131)? (I suspect no) Verdict: you cannot leave the US without abandoning AOS. If you abandon it, you'll have to refile and pay all the fees again. I'd think you'll be allowed to do it if you're in valid O-1 status at the time. Let's see if anybody has a first hand experience, but it's a very narrow criteria and not a everyday situation, so it may be quiet for a while. Sometimes with immigration you cannot have it all and you have to prioritize, unfortunately.
  8. Have you filed I-765 and I-131 with I-485? If you believe your marriage is strong, you can just work off EAD based on AOS. Even if you lose status, it will be forgiven. You cannot leave the US without Advance Parole (I-131), because you'd abandon AOS. Unless you have an urgent reason to do, I'd just wait for GC.
  9. That's OK. I know some people get overwhelmed by evidence volume, but if you read I-751 instructions, they as for as much evidence as you can submit. I sent a lot, and didn't regret it. Approved without RFE or interview.
  10. You may need to be first to write? Then her request would become irrelevant, since your case would have been converted to divorce waiver. The bummer is that your divorce only finalizes in May. It's a bit risky, but what can you do? Cannot keep it joint with marriage nearing its end.
  11. 1. Stop any direct contact with your ex spouse (you're divorced now, right?) 2. How much evidence did you submit with I-751? 3. Did you accumulate new evidence between I-751 filing and filing for divorce? 4. Can you get affidavits from people who knew you as a couple? It's hard to tell whether it's worth keeping the case. Sometimes it's easier to file a new one based on divorce waiver, with a lot of evidence, including newer than you submitted with joint petition. If the joint petition was weak, it's not worth keeping (my opinion only)
  12. I suggest either research extensively and DIY or hire a lawyer. Boundless or other similar services can often give incorrect advice. First look: the proof of domicile is very weak, more evidence needs to be developed. Best to have job lined up, rental if possible, driver's license, bank statements, library card etc. US taxes filed of course. Joint sponsor lined up (it may take a while to find one), though it's to do with affidavit of support not domicile.
  13. How soon after? Do you have to marry somebody from overseas? Yes, you can file other I-129F petitions, taking into account Lil bear's comments. Keep in mind, every subsequent one may get more and more scrutiny, as it would look suspicious to USCIS.
  14. H-1B is dual intent visa and MAY be possible. Non-immigrant work visas may be impossible to get with I-130 pending.
  15. This just proves the point you shouldn't be counting on coming to the US often as a visitor. Let your significant other visit you too, or go to a vacation in a third country. Can we guarantee your ESTA / visa won't be canceled as you try to enter on next or any subsequent visit? No. Wait and separation is going to be a part of immigration. I gave enough comparison between K-1 and CR-1. You can decide whatever works best for you.
  16. In a nutshell: 1. I-751 needs to be filed within 90 days of GC expiration. Not earlier, not later. 2. You need to submit a lot of evidence of bonafide marriage to ensure you don't get RFE. 3. You send the packet with forms and evidence, wait for biometrics appointment (can be waived by USCIS). 4. You will receive I-797 aka extension letter which would extend validity of expired GC by 48 months. It can be used together with expired GC to travel or prove status 5. You then wait a long while to get any update. It could be RFE, interview (can be waived), or decision on I-751. Also, if your husband's social security card says "Valid for work only with DHS authorization" - go to SSA office any time now, file SS-5 and get unrestricted SS card. This can be used with driver's license or state ID instead of GC for I-9 verification at work. Forget about showing GC to employers, it has major drawbacks. I hope this helps and good luck!
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