Recent content by PR81502

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    Please Help: Adjustment of Status for out of status spouse

    She is not doing adjustment of status right now but consular processing. Just let the NVC know she will be doing adjustment of status in the USA. Although it may not be necessary since they will not go forth with her case until you pay the $400.00. So just delay everything from now onwards...
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    Please Help: Adjustment of Status for out of status spouse

    You are confusing consular processing with I-485(adjustment of status which is done in the USA). You received documents from the National Visa Center for consular processing. It seems you paid for the Affidavit of support I-864 which is $70.00. If you pay the $400.00 for consular processing...
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    Marring an illegal person from Colombia SA

    You can review these two links: http://www.scottimmigration.net/I601Memo.pdf and http://immigrate2us.net/forum/forum.php They are very well informed about EWI(entry without inspection) and the I-601. Another thing, only a very experienced immigration attorney in I-601 processing will be of...
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    Tricky citizenship application

    I was approved under the 4 years + 1 day rule. I spent 11 months outside the USA and applied 4 years + 1 day after, but I had to provide a ton of evidence to convince them. So as others have said before, 8/20/2010 should be okay. See the following links on my experience...
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    what is the time frame for visa when upgrading for F2 to IR1 after spouse becomes USC

    You cannot enter as spouse of LPR when your spouse is a citizen. He must upgrade the information with NVC, no way around it except he does not take oath until after you get your GC. It makes it quicker for a spouse(I know that, because my spouse was F2A waiting for visa number and got the GC in...
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    Adjustment of status - married to LPR

    Generally yes if the I-485 is denied removal proceedings is next if the person is out of status, but that would depend on the individual case. For example if you had a previously unexpired visa status like an H1-B that is still valid, the person can revert to it. You'll need to provide more...
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    Adjustment of status - married to LPR

    You are right, I just got a bit confused myself. I really meant the I-601 waiver and if necessary the I-212 if she ends up being removed/deported. Anyway OP needs to understand his wife does not qualify for adjustment of status with his present LPR status. Only persons under245(i) and immediate...
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    Adjustment of status - married to LPR

    That's what I have been trying to say to you it comes into effect only if goes outside the US. But as it stands with you being an LPR she can't get her GC via adjustment of status. It will only happen if you become a citizen. Otherwise she has to go home to do it if you are not a citizen and...
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    Adjustment of status - married to LPR

    This from the instructions for the I-212 form: " If you are in the United States and will file an application for waiver under section 212 (g), (h) or(i) of the INA with an American Consul, you should file this application and the application for the waiver simultaneously with the American...
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    Adjustment of status - married to LPR

    Keep in mind she can't adjust status here if you are an LPR she must do consular processing. And that's where the I-212(if she is deported)/I-601 will come in. Here's another link: http://www.aila.org/content/default.aspx?bc=1016|6715|20852|30095
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    Adjustment of status - married to LPR

    More links: http://www.aila.org/content/default.aspx?bc=1016|6715|20852|30095 and http://www.immigrate2us.net/forum/forumdisplay.php?7-I-212 and http://immigrate2us.net/forum/forumdisplay.php?71-I-601-Waivers-Americas and http://immigrate2us.net/forum/forumdisplay.php?78-I-601-All-Other-Countries
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    Adjustment of status - married to LPR

    Go to this link specifically about I-212/I-601 http://www.scottimmigration.net/I601Memo.pdf Believe me not many immigration lawyers are good at those waivers, only those who have good success rates and there a not many based on all my research and involves a lot of documentation to prove your...
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    Adjustment of status - married to LPR

    She has to file both the I-212(if she gets removed/deported) and the I-601 if you are an LPR. Basically they approve those based on hardship that will be caused to a USC or LPR if the person has to remain outside the US. And only lawyers can review her entire case and decide if it is worth...
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    Adjustment of status - married to LPR

    She does not need a waiver once you become a US citizen only if she does consular processing for her GC. Generally these waiver are very difficult to get and is advised that they be done using an attorney who has experience with the I-212/601. That's why she should only do I-485 after you are a...
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    Adjustment of status - married to LPR

    Your wife can't file an I-485 since she is out of status and you are an LPR at present. It(I-485) will be denied and USCIS will begin deportation proceedings against her. She has to wait until you become a US citizen to file the I-485 then her unlawful presence here will be forgiven. If the...
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