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Robert Winford Carpenter

Robert Carpenter’s Answers

416 total


  • F2A case is in Completed waiting for interview date and retrogression takes place

    I have applied for my wife PD 14-JUN-13. My case has been completed as of 30/4/14 and NVC has said they are scheduling the interviews . With the retrogression coming in effect from Jun 14 I was wondering how it will effect my case. I would re...

    Robert’s Answer

    You will need to wait for a visa to become available, and you really wont know until the case is approved and that month's visa list is published.

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  • Current address, should it be inside or outside the US?

    Hi, I'm filling my application for a green card through my husband who is an american. I came 2 weeks ago to the united states and entered with my tourist visa. We rented an apartment already and have an address here. Should I put that address as...

    Robert’s Answer

    The intent of a tourist visa is tourist, not to adjust your status. I recommend consulting with an immigration attorney before your file any paperwork to get proper advice regarding your situation.

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  • Do I have to move to MA to file for a divorce? I am a Venezuelan woman legally married to an American woman in Manchester.

    We moved overseas right after we got married and decided to separate a year ago. I currently live on my own, still overseas, but not in my home country. We remain friends and she is not sure if she will be living in MA when she goes back to the US...

    Robert’s Answer

    You can file for divorce in the state where you last lived together (subject to that state's rules), or, if
    no one lives in that state, you may file in MA if you have lived here for more than one year.

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  • Husband filed for a divorced in California San Diego because he works for the navy i responded and agreed to joint custody

    I agreed to give my husband joint legal custody how does it work if hes out in San Diego and my self and my son is out here in Boston Masschussttess also he is to young to travel alone i don't have the money for a attorney please help

    Robert’s Answer

    If you have been here for a least a year you should file for the divorce here.

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  • I'm married to permanent resident. Can I convert my H1B visa to H4 (depended) visa.

    My wife is on green card and I'm on H1B visa. On NOV-2013, she filled I-130 form for me. Before getting my green card, can I convert from H1 visa to depended H4 visa?

    Robert’s Answer

    No, H4 is for dependents of an H1B holder. You will need to maintain legal status while the I-130 is pending which could be years, dependent upon what country she is from. Is she eligible yet to take her Citizenship exam?

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  • Leave the us after overstaying and planning to come back few months after ..can i

    i work on a cruise ship and, had 1 week to remain in the USA, i stayed to get married but due to unexpected circumstances, i over stayed for about 6 months before i filled my petition for status change....i want to go back to the cruise ship when ...

    Robert’s Answer

    • Selected as best answer

    You are not eligible for change of status if you have a C (crewman) visa. You need to meet individually with an attorney to determine your status.

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  • Can someone reduce child support without the other parent knowing or agreeing? Says she went to court, but no papers were sent?

    I am the custodial parent of 2 girls ages 10 and 11. I filed for divorce in 2006 and finally divorced in 2009. There has been non stop nonsense from my ex, returning the girls late from visits, taking them on vacation to New Orleans while a hurri...

    Robert’s Answer

    It sounds like a case was filed (A tracking order is sent by the Court for new cases to make sure they are
    processed in a standard amount of time (8 months), etc., etc. Go to the court where you were divorced and ask the clerk to check your docket #. You may not have been properly served. She will need to prove a substantial change in circumstance in order to reduce child support. An attorney can advise you as to what changes to the parenting agreement are possible for you and the best interests of the children.

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  • If a US citizen agrees to a deferred adjudication, does that constitute a "conviction" if he petitions his wife for a green card

    The offense would fall under the Adam Walsh Act so a conviction would bar him from petitioning. However a CWOF or deferred adjudication would not amount to an actual conviction as such. Would it?

    Robert’s Answer

    A CWOF is interpreted by USCIS as a guilty as the defendant must admit to
    sufficient facts when accepting the CWOF.

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  • Can I get deported if I don't have enough "satisfying" evidence or if the officer is not convinced to approve I-751 Waiver?

    If I am applying with I-751 waiver to remove conditions on green card based on divorce and b/c of good faith marriage, can I ever get deported if I don't have enough convincing evidence to prove good faith marriage? Would they go that far to depor...

    Robert’s Answer

    If your I-751 is not approved you will be places in removal proceedings where you can try again to prove the conditions of the I 751 were met, however, if that fails, you will be removed from the US.Please consult an attorney.

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  • Lawyers with experience with I-751 WAIVERS based on good-faith marriage that ended in divorce, please give ex of evidence needed

    Can you please give me some examples of the evidence they ask for with i-751 waivers. If you have experience working on these cases. I know it is similar to joint filing, but can you tell me what kind of evidence they ask for, is it a lot? Are the...

    Robert’s Answer

    You really need to meet with an attorney who can tailor the answer to yur specific situation. These are difficult cases, but if prepared correctly and you have the proper evidence, they can be successful. Good luck.

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