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Ralf D. Wiedemann

Ralf Wiedemann’s Answers

2,998 total


  • I am supposed to extend my two year green card February but my wife has just filing for divorce.Can I still extend my green card

    I got my green card through our mariage.

    Ralf’s Answer

    If you can show that the marriage was not fraudulent, then you can still have the conditions removed. You will need to file the petition based on a good faith waiver, and you will be interviewed. You should consult with an immigration attorney prior to filing anything.

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  • Can my husband apply for a F-1 visa being married to a US citizen?

    My husband and I got married in his home country which is Jamaica. I am a US citizen. He has a B-1 visa which he got before we were married. He is still living in Jamaica. The question is will he still be eligible to apply for a F-1 visa being tha...

    Ralf’s Answer

    It is highly unlikely that he would be issued an F-1 visa as the spouse of a US citizen. You would need to file an immigrant petition for him, and he would have to apply for an immigrant visa in order to come live with you in the US. You may wish to consult with an attorney about the procedures and required documentation.

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  • My current visa is f1. My wife will file i539 for me to change my status to f2 to be her dependent. She is also f1 visa holder

    There is a question in no.19 that if you had been worked since last admitted in US. I have SSN but valid only with DHS authorization. But I already used it to have work out of the campus. What should be my answer to that question? Do USCIS have an...

    Ralf’s Answer

    If you tell the truth, your I-539 will be denied. If you do not tell the truth, your later applications (such as for a green card) may be denied). You should review your options with an immigration lawyer, and be prepared to consider leaving the U.S. and applying for an F-2 visa in order to return.

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  • Hi I am filling i-539 for my husband. He is currently f1 visa holder now.

    There's a question if he already had been worked since last admitted in the US. He has his SSN but valid for work only with DHS authorization. But he already used it to work. If I answer No to that question will they know if my husband worked?

    Ralf’s Answer

    You should assume that at some point in the future the USCIS will find out. If he worked without authorization, he is not eligible to apply for a change of status. If he worked on campus for 20 hours per week or less, then this would be authorized for an F-1 student. You and your husband should consider consulting with an immigration lawyer before filing anything to review all the facts of your situation.

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  • Immigration lawyer Please help

    Hi I'm us citizen i'am trying to petition my mother i send the i130 Now i am preparing the form i864 i had to resin from my job because i just have a baby so i dont have no income however my husband is on social security disability which is ...

    Ralf’s Answer

    If there is any doubt, you should arrange for a joint sponsor. That way even if your and your husband's income is not sufficient, you don't waste time going back and forth with the National Visa Center. You may want to schedule a consultation with an immigration lawyer to review your I-864 and financial documents.

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  • Do I have to get a lawyer?

    Am married to a usc and we filed i130 and adjustment of status concurrently. I130 was approved more than a month ago but nothing has been updated on the adjustment of status. I made an inquiry online and was told to wait for a response in 30 days....

    Ralf’s Answer

    The situation you describe suggests that you may be ineligible for adjustment of status. You should set up a consultation with an immigration lawyer immediately to find out if you should not have filed an I-485. If you have to consular process for a visa, and if you will be subject to the three or five year bar, you will have to explore your eligibility for a waiver based on extreme hardship to your spouse.

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  • E3D visa EAD obligations

    Would like to know few questions related to E3 Dependent EAD work conditions in absence of E3 principle applicant in USA . Is E3 EAD applicant can work for 1 or 2 months without principle E3 applicant in USA . I'm the E3 princ...

    Ralf’s Answer

    Generally speaking, if the principal visa holder is outside the U.S. for a period of time but continues to be employed by the U.S. company, the spouse continues to be in lawful status and can work with the appropriate employment authorization. It is highly unlikely that you would be questioned about your spouse when you seek to reenter the U.S. You might want to carry a letter from your U.S. employer confirming your continued employment.

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  • My EAD expired in 8/14 , My question is should I pay to renew my EAD ? and the process to renew?

    At present I am in my L2 visa.

    Ralf’s Answer

    If you intend to work in the U.S., you should apply for a new EAD. The application is on Form I-765. It is generally a good idea to consult with an attorney before filing to go over any issues and to make sure it is prepared and filed correctly.

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  • I-130; data authorized stay expired or will expire as shown in i94

    Hello , I came to usa in january on student visa. I am filling form i-130; in Q14; it has been asked about information from i94. on i 94 , i can see expiration date on upper right corner BUT that date is going to expire next week....

    Ralf’s Answer

    If you were admitted to the U.S. as a student, then most likely you weren't admitted until a specific date. More likely your I-94 says "D/S" which means Duration of Status. That's your I-94 expiration date. The date in the upper right corner is probably the expiration date of the government form. I suggest you consult with a lawyer before you file an I-130 and any other associated applications. there may be other even more important issues of which you are unaware.

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  • I was out of F-1 status since Jan 2014 and I-539 pending. I plan to withdraw I-539 and leave US. How can I reapply F-1/B-2 visa

    Attended Foothill College from Fall 2013 through Winter 2015, Failed to maintain full time student for Winter 2014, Spring 2014, Summer 2014, enrolled full time for Fall 2013, Fall 2014, Winter 2015. Starting Apr 2015 moved to a new school, submit...

    Ralf’s Answer

    It will be difficult to show that you will comply with F-1 requirements if you've failed to do that in the past. So for studies you may be better off looking at Canada. Your U.S. immigration record isn't really relevant to the Canadian visa application. For a B-2 visitor's visa, you would probably want to have spent several years outside the U.S. and be prepared to show strong ties to your home country.

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