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Wisconsin Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for Wisconsin on
Q: Which is easier: spousal immigration visa if the sponsor is in the US or if the sponsor shows intent to move to the US?

I'm an American citizen, married to a Chinese National. Both of us living in China. We'd like to minimize the amount of time we spend apart in our attempts to get my wife an immigration visa. Can a decent case be made to show intent of going to the US, so that we both can go at the same... Read more »

Samuil Buschkin
Samuil Buschkin answered on Dec 23, 2021

Sponsor in USCIS terminology is a third party financial sponsor, typically. You, USC (citizen of US), would be the spouse-petitioner, she the beneficiary.

It's definitely easier and better to apply from within the US unless you both can't make it there and can instead wait for...
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3 Answers | Asked in Education Law and Immigration Law for Wisconsin on
Q: Hey I’m Moh, I was a student. I left the school for financial problems during Covid hit. My sevis has been canceled.

I have a girl friend and looking forward to get married soon, what’s the procedure? I haven’t take any steps further yet

Tia L. Smith
Tia L. Smith answered on Nov 9, 2021

Assuming you qualify, once you are married, you would need to file for an adjustment of status, which is a multi-step process. Please contact immigration counsel to discuss specific requirements and costs associated with filing. Best of luck!

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3 Answers | Asked in Immigration Law for Wisconsin on
Q: Can I travel internationaly during the last 90 days of my cond residency without having filed for removal of conditions?

My conditional greencard expires in January 20, 2022. I have a scheduled international trip on November, 5 2021 (less than 90 days before expiration of Conditional green card). I wont be able to file for removal of conditions before that. I am planning to file when I came back by the end of... Read more »

Adan Vega
Adan Vega answered on Oct 8, 2021

The USCIS receipt notice of the FORM I-751allows you to travel abroad beyond the expiration of the conditional resident card. Without the I-751 receipt notice , you must complete your international travels prior to January 20, 2022. Depending on the international location of your destination,... Read more »

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: How necessary is submitting school, religious, DNA, and census records in the last section of the I-130 (filing online)?

Also, is this for me, the petitioner, or is this for the beneficiary? The instructions on the online form aren't very clear. I keep getting error messages saying, "You should provide evidence. If you do not provide evidence, your petition processing may be delayed."

My wife... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 23, 2021

We tend to recommend filing paper submissions only retaining a copy in the file for housekeeping and accountability reasons. But even generally we do not include only required submissions that do not confuse the processing officer.

2 Answers | Asked in Immigration Law for Wisconsin on
Q: Is the "Preparer" of the I-130A also the "Interpreter" for the I-130A?

'm the husband (sponsor) of my wife (the beneficiary). I prepared the I-130A for my wife and listed myself as the Preparer. Do I also have to list myself as the Interpreter? My wife speaks English, but if there's any part that she reads and needs a clarification from me on what it is, do... Read more »

Agnes Jury
Agnes Jury answered on Sep 13, 2021

If she speaks English and knows the words but you are helping her understand the meaning of something (rather than translate from English to her native language) then I don't think you need to list yourself as the interpreter. Best wishes!

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: Do part-time jobs have to be included in the employment history section in the I-130A?

My wife didn't keep careful records of her employment, especially the part-time jobs she had prior to me coming to China.

China measures part-time and full-time differently it seems. In the US, 36-40+ hours is considered full-time, whereas part-time is anything less than that. In... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Sep 9, 2021

ALL employment should be included.

2 Answers | Asked in Immigration Law for Wisconsin on
Q: I got divorced in the state of Wisconsin in October 2020. I have a fiance currently residing abroad and planning of. . .

bringing him here in the USA. In Wisconsin, you can't marry again not until after 6 months from the date of divorce. My question is can I file my I-129F Petition for Alien Fiance now of do I have to wait after six months to file the petition?

Adan Vega
Adan Vega answered on Dec 24, 2020

One of the requirements of the FORM I-129F is that you must be unmarried at the time of filing of the petition with USCIS. You will not be required to marry your fiancé until the K-1 is issued by the U.S. consulate and your fiancé enters the U.S. which will not occur within the next 6 months.... Read more »

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2 Answers | Asked in Criminal Law and Immigration Law for Wisconsin on
Q: What can we do to fix all this?

My boyfriend has an Open - Bench warrant issued since 2011, because he didn’t showed up to the court because he signed a paper to get deported, so Ice took him in. On his case record it has his year of birth wrong it says “1991” but he’s from 1993 and he was 17 years old, but since he... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Dec 8, 2020

It is necessary to review your boyfriend's record in order to advise him.

Consult with an experienced immigration attorney.

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: Believe daughter is being scammed; 3rd world country male has proposed to her. I think he simply wants US Green Card.

They met in a US bar in January 2020. He left for Dubai or Morocco. They have FaceTimes 4x daily; and he flew to California to see her (while she was on a trip). He has proposed to her; given her a very cheap ring. States it is custom for the bride to pick her ring after they marry. What can I... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 29, 2020

How does your daughter feel about the situation? She spends a lot of time with him!

Parents can speculate. As a parent, we can get controlling and possessive, then interfere in a way that has lasting consequences. An attorney can also do the same based upon decades of experience....
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1 Answer | Asked in Family Law and Immigration Law for Wisconsin on
Q: can I emancipate myself even if i'm a resident in the state of wisconsin?
Jane E. Probst
Jane E. Probst answered on Nov 1, 2020

Technically, in Wisconsin, you are not emancipated until you attain the age of 18. To become emancipated prior to that time, you would need to file a Petition with the Court, showing that you are completely able to support yourself. To be honest, I have never known a Court to emancipate a minor.... Read more »

2 Answers | Asked in Immigration Law for Wisconsin on
Q: I am an F-1 overstay. Married to USC. I-130 approved. I-485 is pending. ICE came searching for me and I got NTA.

My Master hearing was canceled due to COVID. What are my chances of receiving benefits such as EAD? I have been married for 4 yrs with an infant. Lived in the USA since 2008.

Liliana Gallelli
Liliana Gallelli answered on Jul 7, 2020

There are many ways you can qualify for a work permit. One way is if you are eligible for Cancellation of Removal as an application for defense from removal. If you have lived in the US for over 10 years (not more than 90 days absent during those 10 years), if you have "good moral... Read more »

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: I am married to USC. ICE issued NTA after the fact of my I-485 submission. Is getting EAD a possibility? I-130 approved.
Kyndra L Mulder
Kyndra L Mulder answered on Jul 7, 2020

Is the I-485 still pending or was it denied? You are only allowed an EAD if you have a pending I-485.

Also depends on why you were issued an NTA.

An NTA means you are inline to be considered for removal from the USA. It is suggested you at least consult with if not retain an...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: Can a friend live with me while overstaying her visa with a pending exchange/extension in progress?

I have a friend who is here on a Q1 Visa. Due to the virus, she lost her job and is experiencing a hardship and cannot return home. And given the current situation, travel is not advised. I helped her file an exchange of status from Q1 to B2. Unfortunately we did this 5 weeks into an overstay... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 6, 2020

Why not? There seems to be extreme confusion. The concept of harboring an alien, at law, is terribly misunderstood by the American public! You are allowed to support a friend in her effort to change status.

She filed late, but in doing she may have challenges that were left unexplained to...
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2 Answers | Asked in Immigration Law for Wisconsin on
Q: Can I apply for a fiance visa if my girl friend is visiting on a B2 tourist visa?

I met a girl online in venezuela. I'm working on getting her a B2 tourist visa to come to the US so we can meet. She's doing that in colombia. Once she is here visiting me and we develop a relationship, it is possible that I might decide to marry her. But no guarantee.

I... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Jun 30, 2020

Unfortunately, while you could start the process of the fiancee visa, you cannot change her status from B-2 to K-1 (fiancee) from the USA. K-1 visas are only issued abroad. As you state, you might decide to marry her. If that occurs, consider contacting an attorney to discuss.

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3 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for Wisconsin on
Q: I have a DUI homicide case on my record, can I apply as a petitioner to have my fiance come and marry me with a K1 VISA?

I was 17 years old when it happened. My sentence was 5 years prison time 5 years extended suppervision. Im 32 now and its the only blemish on my record.

Kevin L Dixler
Kevin L Dixler answered on Jun 27, 2020

It is likely, but more information is needed, but you should probably work with a competent immigration and visa attorney in case there are discretionary issues that create confusion for you. There may be more than one option.

If the questions are improperly answered, and that is not...
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1 Answer | Asked in Consumer Law, Identity Theft and Immigration Law for Wisconsin on
Q: Will this affect my green card application?

My friend from China scammed me. He said his business is legit and he asked me to collect payments and send it to him. My bank closed my accounts because of it and deducted money to my other accounts to send the money back to people who marked me as fraud. Will this affect my application to get a... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 27, 2020


If this just happened, a Federal investigation may be pending. If you spoke to Federal Officers, then you may be subject to further action in criminal court. This will delay any action and may even result in detention and deportation.

I strongly recommend an appointment with a...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: NVC terminated immigrant visa registration. Still eligible for adjustment of status?

I have an approved I-130 petition with a priority date of Feb 2009. At the time of petition it was in the F2B category. In Feb 2012 we upgraded it to the F1 category. In 2014, after I got married, we thought we updated it to F3, but NVC does not have a record of it and they still have my old... Read more »

Osarumwense Iyamu
Osarumwense Iyamu answered on Jun 17, 2020

An approved I – 130 petition remains valid until used to obtain a permanent resident status or until revoked.

If my office can be of further assistance, contact us to schedule a consultation.

The above information does not constitute legal advice nor create an attorney-client...
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1 Answer | Asked in Divorce and Immigration Law for Wisconsin on
Q: I was divorced by my USA Citizen spouse. I did not participate in the court proceedings. Can I enforce I-864 at all now?


Amanda B Cook
Amanda B Cook answered on Mar 16, 2020

A couple of things on this, even though I have no real good advice for you in your current situation, but just because others may read this.

First - divorce proceedings are mandatory. You can't just "choose" not to participate in court proceedings in the United States (or...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: My husband filed all his papers in November 15th 2019. We are married. We got married while he was here on a j1 visa. Im

From wisconsin and he's from jamaica. How long will it take for his work permit to get here?

Stephen Arnold Black
Stephen Arnold Black answered on Feb 17, 2020

Did his J1 visa have a 2 year restriction on it? Are you a US citizen? Discuss your case with an attorney in a private free phone consultation.

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Can permanent resident bring spouse to the US? Would there be any difference if it’s done after getting US citizenship?

I am permanent resident and I’m in love with citizen of another country. I would like to marry her and bring her to United States to live together. As far as I know I’m able to do that with my current status. However, I’m wondering if it would be better to get citizenship first? As far as I... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Feb 13, 2020

Discuss your case with counsel anywhere in the USA for representation. There are several pathways to get her here.

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