I filed an i130 for my husband who has DACA and is currently in the US and has been since he was 5. He applied for DACA as soon as he turned 18. Our i130 was approved and we submitted our visa application but we have ran into the issue of how to fill out the i864 (affidavit of support) because I am... Read more »
You are the primary sponsor and your husband a household member.
You are also going to need a provisional waiver if your husband entered the USA without inspection.
I am currently sponsoring my wife from the Philippines on a k1 visa. We are stuck on one question on I-864. Our issue is the question that says if you have sponsored someone in the past (who was my wife) who is now a permanent residence that i should add them to my household number dependents, but... Read more »
The I-864 explaines your obligation as a sponsor. This applies to your previous wife and the current. Even though you are no longer married you may still be responsible for her pursuant to the I-864 you signed when you sponsored her to get her green card.
I already received an EAD. What should I proceed? Do I need an LLC? Can I hire someone (with my immigration status stated above)? Thank you!
The employment authorization document (EAD) issued to you by USCIS authorizes your lawful employment while you await the adjudication of the FORM I-485. You can register an LLC if you are able to fulfill all of the state requirements of the state where you intend to operate your business. You can... Read more »
I am an asylum status holder in the US and planning my marriage. My fiancé's visa will expire in a year and I know that it could take a long time before I get my residency approved. Can she stay in the US legally while my application is being processed even her visa expires? If the answer is... Read more »
Your fiancé(e) must leave the United States when her I-94 expires or try to extend her stay. Certainly being married could give your fiancé(e) a stronger connection to the United States, but it wouldn’t guarantee that she wouldn’t be deported.
I was born in the US but moved to Australia when I was a child. I recently came back to the US, but since my US passport had expired in 2010, I got an ESTA visa through my AUS passport valid until 2021. However; I have overstayed the 90 day permission that was stamped on my Australian passport upon... Read more »
You are a USC by birth. You do not need ESTA and you are not qualified for ESTA. Renew your passport and travel with your Birth Certificate.
i was sent a denial notice for i485 which i sent a withdrawer notice for before filling a new case which is pending, do i need to reply the denial case
No you do not need to respond to the denial.
Does the first case has anything to to again or do I have to file a case to cancel the first one
You need to dismiss the first case and you and your wife file a new case. Pursuant to your new application/petition you will need to file documentation to support the legitimacy of the first marriage as well as the second.
When I file an immigration petition for my brother in 2007 as an American citizen than my nephew was 15 years old. Now when I got the petition approved recently my nephew is 28 years old and single. Is he still going to be qualified to get an immigration visa with my brother?
How long is... Read more »
The sibling petition that you filed on behalf of your brother will not yield an immigrant visa for at least 13 to 22 years depending on the country of origin. With that in mind, your nephew may “age out” by the time the immigrant visa becomes available.
I just got the approval letter from the National Visa Center for my sibling's immigration visa.whic was applied about 13 years ago. They have asked to bring the original documents at the interview in the embassy. Since it was done 13 years ago I am not able to find the original or the copy of... Read more »
You can contact the NVC with these questions and they should be able to assist you. Generally, they will not have access to the items you sent to the NVC at the embassy. If the original documents are items that you can obtain new ones of, I recommend doing that. For example, request new birth... Read more »
I have been made aware that I should have filed my tax returns as married separately instead of single and it could affect my husband’s immigration process. He is living in Mexico and has never been to the U.S. How should I go about making an amend and what info do I need to provide on the form... Read more »
You are advised to ensure you status is accurate. If subsequent to the fling you were made aware of an error, you should amend the return as soon as possible with explanation of an “inadvertent mistake”. I hope this helps. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).
Disclaimer:... Read more »
I am a U.S citizen who is trying to get my husband a green card, We got married in 2017 and I have always filed my taxes single since then because I was told by the accountant that I didn’t need to do anything different since my husband did not live with me. Is this going to affect my husbands... Read more »
If you are married, you should be filing your federal tax returns as “married” and not as “single”. USCIS or the U.S. consulate can take the position that you are not in fact married based on your filed federal tax returns. Keep in mind that you will have to present your last tax return... Read more »
One of my very close friends (him - a US citizen) married an engineer (her) residing in Vancouver. She has a course case involving a family financial dispute (between her and her mother) that was settled in the court and she paid all financial obligations. He is about to sponsor her on a spouse... Read more »
A financial dispute resulting in a civil court settlement between two family members ( mother and daughter) will not disqualify the daughter from obtaining an immigrant visa based on an immediate relative petition filed by a U.S. citizen spouse.
can I file for EAD, AParole and I 485 concurrently if she is in USA on her tourist visa ?
If (1) you are a U.S.citizen and (2) your spouse lawfully entered the U.S. and (3) she is not otherwise inadmissible then the adjustment of status request can be made with USCIS.
Keep in mind that the adjustment of status filing may trigger a finding of preconceived intent if filed... Read more »
can I file for EAD, AParole and I 485 concurrently if she is in USA on her tourist visa ?
You should post this question in the immigration section.
My wife filed petition for her parents and now we are working on affidavit of support but she is out of work because of coronavirus and she will be getting unemployment checks up until her daycare reopen so my question is would it disqualify her for filing affidavit of support because of getting... Read more »
I recommend holding off on filing the affidavit until after the daycare reopens.
All the documents requested from me are ready but I only have a photocopy of the RFE,will that be accepted by USCIS?
You can forward a proper and complete response to USCIS with a copy of the RFE and the support documents that are requested by USCIS.
I haven't went to court to obtain rights to my daughter.. Can she take my daughter with her if I tell her I'm not okay with her taking my daughter??
More information is needed before an accurate answer can be provided. Have you legitimated? Is there a visitation agreement/schedule? It is best to contact an attorney who can assist you with the specifics of your case.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
My partner and I want to be together in the United States where I live but we don’t know what’s the best choice for us. To get married in Mexico and apply for the spouse visa or wait and do the fiancé visa.
As a general rule, a spousal visa takes about 2-3 months longer than a fiance visa. Feel free to contact us if you'd like more information to make the best choice for you and your fiance.
Unfortunately my partner has not been filing his tax, we file married but separate. My partner cannot even find his 2018/2017 w-2s for us to file now and make payment. He only just got his 2019 w-2, so that is all I have. But he has also giving me a hard time to locate his w-2s for the rfe. I have... Read more »
You will need to respond to the RFE and show that you have complied with your obligation of filing a federal tax return during the time that you have been a U.S. resident. If you were employed in the U.S. prior to receiving your resident status , you also must file federal tax returns for those... Read more »
I had an approved I-140 from a past US employer. Now when my PD is close to becoming current, I want to explore the possibility of switching to H1-B and porting the PD
The I-140 must have ben approved at least 180 days ago in order to port the priority date. The new employer must go through the entire EB process of course before you can adjust, even though the PD may be current.
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