Jump to content

OldUser

Members
  • Posts

    8,217
  • Joined

  • Last visited

  • Days Won

    45

Everything posted by OldUser

  1. I went through adjustment of status myself, so speaking from experience. Everything can be submitted together while in the US. This way you even would get sequential case numbers.
  2. Quote: "Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application" Source: https://www.uscis.gov/green-card/while-your-green-card-application-is-pending-with-uscis Also, quote: "If you depart the U.S. while your Form I-485 is pending without first obtaining advance parole, USCIS will deny your case unless you fit into a narrow exception for people with certain nonimmigrant statuses." Source: https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents Now, I am not a lawyer, but my understanding is, that exception is tied to AOS on basis of employment. I don't think it covers your family based petition. Others can correct me.
  3. You're right. I-485 on H-1B won't be abandoned, but I believe the family based AOS will be deemed abandoned.
  4. As far as I know, you'll be abandoning your I-485 petitions the moment you leave the US without Advance Parole. You can leave and re-enter on H1B, but you'll have to refile your I-485s.
  5. @Lemon Drops file all the forms (I-130, I-485, I-131, I-765 etc etc) together as one packet and adjust in the US. The level of scrutiny does not depend on whether you file everything together or separately.
  6. Wondering if OP has some inadmissability and has to re-enter the US after getting waiver approved? @Ricardo M Ramon please clarify?
  7. It can be done both ways. If original I-751 is dragging and it's messy, e.g. thin evidence, ex withdrawing from it, etc, some suggest starting with a clean slate by refiling. USCIS screw up straightforward cases occasionally, not to mention complicated case involving divorce. I don't have a strong opinion on that, just explaining the reasoning.
  8. File Writ of Mandamus to get a decision. You also said you cannot enquire about N-400. What about I-751? It needs to be approved first.
  9. Time for WoM? Looks like it's been 2 months since I suggested that last. You might have been naturalized by now as USCIS is given 60 days to respond.
  10. After divorce you're no longer eligible for N-400 under 3 year rule. Technically, you can file for N-400 under 5 year rule, whether your I-751 is approved or pending at that time. Look at your 2 year GC. Find "Resident since" date. Add 5 years to it and subtract 90 days. That's the earliest you can apply for N-400 in your case. Sometimes you want to get I-751 approved first, if it's messy.
  11. Potentially the US address problem? OP, what's the plan, when are you coming back to live in the US? I hope you know the reentry permit only covers 2 years max since the time you left the US (AFAIK)? Then you'd have to get a new one.
  12. Typically yes, no need to file I-751 from scratch unless the original filing has issues which are easier fixed by filing new form. But then you go back in the queue. You will likely get your 10 year GC if you put the effort it, have good evidence and handle yourself well at the interview (it may be waived too).
  13. Yes, of you no longer live at the address, you need to file AR-11 within 10 days of moving. You're gonna be removing conditions based on good faith marriage and divorce, not abuse.
  14. He can complain to USCIS but it doesn't mean you can't stay in the US. Your ex doesn't own you or your immigration status. I totally understand he's hurt and you wasn't nice of you to cheating, but he is not in charge of your immigration status.
  15. Great, I forgot you were also in SF office. There's a few folks here who also got naturalized in SF, but didn't have same day oath.
  16. You should be OK then. Yes, it's not going to be the easiest case, since your ex spouse is sour, but it's approvable. You need to convert your case to divorce waiver. Or file a fresh I-751 based on divorce and withdraw existing petition.
  17. Is this all the evidence you sent? Seems thin to me. Photos and affidavits are the weakest evidence. How about jointly filed taxes, leases, health insurance, beneficiaries on 401K plans, flight reservations with both names etc?
  18. You have I-751 pending? What all the evidence did you send? When are you getting the divorce decree? Your ex cannot deport you but can complicate I-751 approval, that's all. If USCIS finds your marriage wasn't bonafide, that's when you can get put in removal.
×
×
  • Create New...