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OldUser

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Everything posted by OldUser

  1. My understanding is most of filers are subjects thus the answer should be "yes". Are parents on TPS? Then they may be exempted and the answer may be "no". https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-3
  2. How old is your son? Is he married? If he's an unmarried minor under 21, you can sponsor them. Otherwise, only when you become a citizen yourself and it will be a long wait during which the adult child cannot stay in the US unless has some other status.
  3. What do you mean by initial petition / application? If you mean initial I-130 and I-485 that got you conditional green card, they're decided. You got immigration benefit. You cannot erase your ex-spouse sponsors name from I-130. Did you file I-751, Petition to Remove conditions yet? Was this a joint petition you filed with ex-spouse? If yes, then yes, you need to amend petition to Divorce Waiver petition.
  4. Yes, she should either pay expenses for legal fees and / or head back to country of prior residence. What's holding her in the US after only 2 months of marriage? Does she have other family here? Does she have any legal path to stay in the US with marriage collapsing? US citizen has all the power over immigrant when AOS is pending.
  5. 4-6 weeks in the mail. Documents tab will hopefully update soon.
  6. Yes, attach copy of corrected birth certificate. This is the right thing to do regardless. If you submitted something incorrect, it needs to be corrected regardless whether anybody saw the old doc or not.
  7. You have the same tax obligations on GC as US citizen. Plus, if you're on GC for 7+ years, you also have to pay the same "exit tax" (sorry don't remember correct term) as US citizen resouncing citizenship if you decide to give up GC. Plus, if you think, there's not many places that would pay more than they pay in the US, maybe with few exceptions and due to niche job etc.
  8. Yes, pretty much. If USCIS does not accept the assets and there is no qualifying joint sponsor then there is no GC.
  9. California Service Center
  10. USCIS may never give your future spouse any sort of immigration visa if they're not happy about your naturalization / documentation.
  11. You need to meet after marriage takes place. Prior visits do not count for CR1 based on online marriage.
  12. Utah online marriage may not fix issues discussed in this thread: Additionally, the marriage needs to be consumated. E.g. you should either visit spouse in their home country or meet in third country before they can get immigrant visa.
  13. I would not attempt DIY. Please talk to an experienced lawyer. The question is, whether naturalization is void due to incorrect details on the certificate? Probably not but you never know.
  14. My I-751 was supposedly approved on Saturday. It may be that it was decided on Friday night and there was a delay... But I'm not the only one who had their case approved on Saturday. There were people reporting updates to status on national holidays too.
  15. Yes, they can get married and stay. Overstay will be forgiven since they're married to US citizen.
  16. It wouldn't matter for another 25 but you're trying to get an immigration benefit. Please keep us posted on resolution.
  17. Why not just wait for immigrant visa? It should be relatively short wait. Technically, she can come. Entry is CBP officer discretion.
  18. There's a difference between RFIE and RFE. RFIE (initial evidence) occurs at early stage if any. RFE (additional evidence) can happen any time in the process and right before decision. RFIE typically is issued for obvious missing evidence, like missing marriage certificate in marriage based GC case. RFE occurs after IO studies the case further and has additional questions. At least this is my understanding.
  19. Any waivers come into play during the adjustment of status. Because he cannot adjust for several years, he won't have any protection from deportation. And now you helped ICE locating him. I hope this explains it. Have a good day!
  20. Who's the daughter's mother and did she give green light for this?
  21. I'd recommend speaking to immigration lawyer. This is a difficult situation for your son. If you only filed I-130 in 2022 and the son is over 21, you're looking for years of processing. The son may get deported in the meanwhile. Overstay is not forgiven for adult children.
  22. You're saying your son is in the US out of status? By requesting F2B do you mean you filed I-130 around that time? If no visa is available and I-130 is pending he cannot stay in the US legally and subject for removal and bar on reentry for 10 years.
  23. How would one prove they were free to marry? Same issue will arise with divorce / death certificate when trying to get spousal visa. Was OP ever married? At the time of naturalization were they married, widowed, divorced or single? Naturalization say may state incorrect information, but what was the real marital status?
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