a_yaja
07-20 10:47 AM
I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?
One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.
While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.
Best to ask your lawyer.
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?
One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.
While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.
Best to ask your lawyer.
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bkn96
02-09 09:19 PM
Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
ssnd03
03-04 04:59 PM
What about the thousands who lost 2-4 years because they were stuck in namecheck, now the name check is cleared but the dates will not move..frigging idiots..too little too late
Before giving the blue/green/red dots, think about this. they created a traffic jam and now they are suddenly releasing it. There were about 150-300k stuck in name check, now all of them are waiting for their PD to be current. (i am one of them too). Think how this will affect the overall queue.
Priority dates were current before early 2005 due to FBI namecheck delays and other processing delays. Hence, EB visa numbers were always underused (and lost). If these processing delays were not so much back then, retrogression would have happened earlier, because there is always more demand than supply for EB visa numbers.
Retrogression can only be resolved by increasing visa numbers and/or recapture of lost visa numbers. Retrogression has nothing to do with FBI namecheck delays. In fact FBI namecheck delays masked the retrogression for one or two years.
We should be happy that namecheck delays are over for now and will restore some degree of FIFO.
Before giving the blue/green/red dots, think about this. they created a traffic jam and now they are suddenly releasing it. There were about 150-300k stuck in name check, now all of them are waiting for their PD to be current. (i am one of them too). Think how this will affect the overall queue.
Priority dates were current before early 2005 due to FBI namecheck delays and other processing delays. Hence, EB visa numbers were always underused (and lost). If these processing delays were not so much back then, retrogression would have happened earlier, because there is always more demand than supply for EB visa numbers.
Retrogression can only be resolved by increasing visa numbers and/or recapture of lost visa numbers. Retrogression has nothing to do with FBI namecheck delays. In fact FBI namecheck delays masked the retrogression for one or two years.
We should be happy that namecheck delays are over for now and will restore some degree of FIFO.
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amsgc
03-31 02:53 PM
I have a somewat similar situation, here goes:
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Can we file taxes seperately on married status?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Can we file taxes seperately on married status?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
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meher
12-24 12:56 PM
So i should report the pay for sep to dec in substitute W2 though i have not received it from my employer right and also report to DOL for the same.
irrational
06-19 09:12 AM
Thanks Folks,
I will efile today and I'll let you guys know how it turns out.
-Bipin
I will efile today and I'll let you guys know how it turns out.
-Bipin
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anilsal
12-21 12:00 AM
Since you are going for stamping in India, just be sure to take your degree certificates as well as transcripts.
Not so important - W2 statements for the years in the US as well as tax returns.
Not so important - W2 statements for the years in the US as well as tax returns.
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vladdrac
06-11 03:57 PM
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desi3933
05-21 06:40 AM
My past post on this issue
http://immigrationvoice.org/forum/showpost.php?p=322561&postcount=11
Thread on that topic
http://immigrationvoice.org/forum/showthread.php?t=5450
http://immigrationvoice.org/forum/showpost.php?p=322561&postcount=11
Thread on that topic
http://immigrationvoice.org/forum/showthread.php?t=5450
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rajenk
08-11 09:44 PM
All,
I was wondering if the secondary applicant (Wife) will also be receiving a separate receipt numbers for her I-485, I-765 and I-131? She is currently on H4 and my lawyers told me that they received receipts only for me!!
Can some one please clarify this doubt?
I wanted to call USCIS to check the status of my wife's application. Before I call them I want to be sure enough that the dependents will also get receipt numbers.
Thanks
Raj
------------------------------
One time contribution $100
I was wondering if the secondary applicant (Wife) will also be receiving a separate receipt numbers for her I-485, I-765 and I-131? She is currently on H4 and my lawyers told me that they received receipts only for me!!
Can some one please clarify this doubt?
I wanted to call USCIS to check the status of my wife's application. Before I call them I want to be sure enough that the dependents will also get receipt numbers.
Thanks
Raj
------------------------------
One time contribution $100
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octoberbloom
12-28 11:17 AM
TSC - 485 went back to January 2007?????
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Sachin_Stock
11-09 10:16 AM
I don't know which position your company and lawyer are advertising, but 7 years requirement sounds catered and more specific. 5 years is standard, and general.
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ssingh92
05-03 01:17 PM
Hey - can you please tell me where you applied for the 4 yr DL. I have always got my DL extended only till I-94 expiry or of late - till my EAD expiry. I renew my DL in Columbus. Can you please share your experience as to where you got your DL renewed?
I think PA is very liberal in issuing the Dr. Lic. Last year (2008) I cam back from India using AP and I received my Dr. Lic renewed upto 2012. I just applied online printed the form, went Norristown (near King Of Prussia), showed him old unexpired Dr Lic, He took my picture and issued me Dr Lic..
This is why I dont want to move in other state. If I had to then I will keep my permanent address in PA, twice in a month will come back here.
I think PA is very liberal in issuing the Dr. Lic. Last year (2008) I cam back from India using AP and I received my Dr. Lic renewed upto 2012. I just applied online printed the form, went Norristown (near King Of Prussia), showed him old unexpired Dr Lic, He took my picture and issued me Dr Lic..
This is why I dont want to move in other state. If I had to then I will keep my permanent address in PA, twice in a month will come back here.
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chanduv23
07-11 11:45 AM
Hi Folks,
I am one of those guys who has EAD/AP and as per the latest (Aug 08) bulletin, my PD is current.
I just called USCIS and got my 3rd service request number since Oct 2007. So far nothing has happened.
I want to know if this is going to have a negative impact on my 485 approval in anyway? Am I not supposed to have my FP done before they can approve my 485? Isn't that a pre-requisite? I just don't want to miss one more boat due to USCIS screw ups.
Please advise/suggest...
Thanks.
Moderator: apologies for cross-posting but I needed an answer soon.
I am in the same boat. I spoke to my Attorney and she says, it is not an issue. They will ask for finger prints when they start looking at your case.
I am one of those guys who has EAD/AP and as per the latest (Aug 08) bulletin, my PD is current.
I just called USCIS and got my 3rd service request number since Oct 2007. So far nothing has happened.
I want to know if this is going to have a negative impact on my 485 approval in anyway? Am I not supposed to have my FP done before they can approve my 485? Isn't that a pre-requisite? I just don't want to miss one more boat due to USCIS screw ups.
Please advise/suggest...
Thanks.
Moderator: apologies for cross-posting but I needed an answer soon.
I am in the same boat. I spoke to my Attorney and she says, it is not an issue. They will ask for finger prints when they start looking at your case.
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michael_trs
05-13 12:11 PM
it was rejected because my labor expired - this is what my lawyer said.
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knnmbd
08-30 12:36 PM
I read SKIL bill and it refers to "Exempts U.S.-educated professionals with advanced degrees". I Do not see why an online master degree does not fit in here. Maybe I am missing something :)
This is an excerpt of Section 201.
Section 201. United States Educated Immigrants. Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience
in the United States from the annual green card (i.e. immigrant visa) cap.
All I was trying to say is that only "accredited" programs might be eligible, and I am not too sure how many online Master's fall in to this bracket, but not too many I guess, except for some of them offered from top-notch schools.
Again, this is just speculation as no one has yet seen the nuances of the bill.
This is an excerpt of Section 201.
Section 201. United States Educated Immigrants. Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience
in the United States from the annual green card (i.e. immigrant visa) cap.
All I was trying to say is that only "accredited" programs might be eligible, and I am not too sure how many online Master's fall in to this bracket, but not too many I guess, except for some of them offered from top-notch schools.
Again, this is just speculation as no one has yet seen the nuances of the bill.
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kaisersose
07-26 03:25 PM
To travel out of the US when a 485 is pending,
1. You should have AP or
2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt
So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.
1. You should have AP or
2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt
So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.
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riva2005
03-16 03:40 PM
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?
If your wife is using EAD based on a 485 that was filed as your dependent, then her 485 and her EAD will be lost if you withdraw her 485. I dont think you need to get a divorce for that. However, I think if you get her 485 withdrawn, then something tells me that your divorce process will accelerate.
If she is not using the EAD that came out of 485 filed with your 485, and if she is using H1 that is getting extended based on her own separate labor/GC process, then she may be unaffected by whatever you do - divorce her, withdraw her 485, or do both.
Also, if you divorce her, then there is no way that the 485 that was filed along with your 485 will be useful. That dependent 485 is no good to her if you are divorced.
I think your whole mixing of immigration and marital situation is complicating things. If you want to get divorced, get divorced. There is going to be enough pain on both sides during and after the divorce. Dont add to your work by engaging immigration issues with it.
Also, in most states, in order get a divorce, you have to have lived in that state for minimum of 6 months. And you need to wait 90 - 180 days between filing for divorce and actually getting that divorce. If there are custody battles, battles over property, money then it could be longer. If you own a house, then the house may be considered marital property and she and you would have equal right to the equity in the house, even if its only your name on the title and even if you are the only one making payments. It , of course, depends on your state. In some states, if the house is in your name, then its yours even if you are married.
Even amicable divorces are messy, painful and tiring. So if you have time and energy after going thru all that, then you may think about screwing your spouse out of immigration benefits that she got by being married to you.
By the way, no one can stop or "HOLD UP" your divorce. If you want to start the divorce process, you can start it at any time. I dont think any state allows one spouse to "HOLD UP" divorce if the other one wants to get out of a marriage. It can be prolonged by fighting over money, custody, visitation rights etc. But to start the process, you have to file a petition in your county and get your spouse "served" the petition.
If your wife is using EAD based on a 485 that was filed as your dependent, then her 485 and her EAD will be lost if you withdraw her 485. I dont think you need to get a divorce for that. However, I think if you get her 485 withdrawn, then something tells me that your divorce process will accelerate.
If she is not using the EAD that came out of 485 filed with your 485, and if she is using H1 that is getting extended based on her own separate labor/GC process, then she may be unaffected by whatever you do - divorce her, withdraw her 485, or do both.
Also, if you divorce her, then there is no way that the 485 that was filed along with your 485 will be useful. That dependent 485 is no good to her if you are divorced.
I think your whole mixing of immigration and marital situation is complicating things. If you want to get divorced, get divorced. There is going to be enough pain on both sides during and after the divorce. Dont add to your work by engaging immigration issues with it.
Also, in most states, in order get a divorce, you have to have lived in that state for minimum of 6 months. And you need to wait 90 - 180 days between filing for divorce and actually getting that divorce. If there are custody battles, battles over property, money then it could be longer. If you own a house, then the house may be considered marital property and she and you would have equal right to the equity in the house, even if its only your name on the title and even if you are the only one making payments. It , of course, depends on your state. In some states, if the house is in your name, then its yours even if you are married.
Even amicable divorces are messy, painful and tiring. So if you have time and energy after going thru all that, then you may think about screwing your spouse out of immigration benefits that she got by being married to you.
By the way, no one can stop or "HOLD UP" your divorce. If you want to start the divorce process, you can start it at any time. I dont think any state allows one spouse to "HOLD UP" divorce if the other one wants to get out of a marriage. It can be prolonged by fighting over money, custody, visitation rights etc. But to start the process, you have to file a petition in your county and get your spouse "served" the petition.
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vxb2004
11-25 07:59 PM
vxb2004,
Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.
KKtexas,
I had some soft LUD's in June...but the AC21 documents were sent in June!!
Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.
KKtexas,
I had some soft LUD's in June...but the AC21 documents were sent in June!!
jatinr
08-17 10:12 PM
And you will there with your friend...//wink.. correct.
USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.
USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.
bijualex29
05-05 03:33 PM
I would like to know, can I get my H-1B at 6.0 year of my H-4 with my spouse�s approved I-140 (affected by EB-3 retrogression)?
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