Tracie Lynn Klinke’s Answers

Tracie Lynn Klinke

Marietta Immigration Attorney.

Contributor Level 13
  1. Am yet to apply for an adjustment of status but my spouse who is a USC has never filed a tax return. what is the way forward.

    Answered 9 months ago.

    1. Giacomo Jacques Behar
    2. Tracie Lynn Klinke
    3. F. J. Capriotti III
    4. Obadan Unuigbojie Iziokhai
    5. Andrew Marino Bramante
    6. ···
    6 lawyer answers

    The co-sponsor is certainly the way to go. USCIS isn't the IRS, so they shouldn't ask too many questions, as long as there is a co-sponsor who is taking responsibility and meets the qualifications. There's really no other advice, except to hire an immigration attorney if you want to make sure everything gets done correctly. Good luck!

    6 lawyers agreed with this answer

  2. My I-94 will expire on this month and as I can see it, my fiance has no plan of being married. Is there any way that I can stay?

    Answered about 1 year ago.

    1. Alexander Joseph Segal
    2. John Grayson Davidson
    3. Tracie Lynn Klinke
    4. Anu Gupta
    5. J Charles Ferrari
    6. ···
    6 lawyer answers

    Generally speaking, without being married, there is no protection in a situation like this. There may be ways to stay in the US with an extension or change of status (for example, becoming a student). If you are serious about staying in the US, you'll want to meet with an attorney for an in-depth conversation so you can explore all possible options. If you stay past the I-94 expiration date, you'll be running a huge risk, so either have a plan in place or leave the US by that date.

    6 lawyers agreed with this answer

  3. My same sex partner is here on an O1 visa, he is also my employee. Are we able to get married before his visa expires next year?

    Answered 7 months ago.

    1. Tracie Lynn Klinke
    2. Aneliya M. Angelova
    3. Ajay Kumar Arora
    3 lawyer answers

    Yes! Absolutely you can get married - just make sure that you marry in a state that recognizes same-sex marriages, like NY or Washington, DC. You can return to Georgia and file for your then-husband's green card together (even though Georgia won't recognize the relationship, the Atlanta USCIS Field Office will adjudicate your petition since DOMA was struck down).

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  4. Cuban National and his wife (kazhakstan national) asking for asylum at the border. Got separated by border and customs

    Answered 9 months ago.

    1. Tracie Lynn Klinke
    2. Christopher Edmund Ward
    3. Ili J. Subhan
    4. Aggie Rachel Hoffman
    4 lawyer answers

    I'm so sorry to hear about your friend's situation. As a Cuban, he may be eligible to apply for his green card now - or at least very soon. He can then, in turn, apply for his wife to join him here in the United States. This will take a considerable amount of time, but it should result in them being reunited. His wife must either remain outside the US or try to enter with a tourist visa. If she comes without permission, her chances of getting status here become very slim. Please, have your...

    4 lawyers agreed with this answer

  5. DOES BEING MARRIED TO AN ILLEGAL PERSON JEOPARDIZE MY CHANCES OF GETTING MY CITIZENSHIP APPROVED? ARE THERE ANY RISKS FOR HER?

    Answered almost 2 years ago.

    1. Tracie Lynn Klinke
    2. Raphael Samuel Moore
    3. Robert Henry Beer
    4. Anthony Meleika Aboseif
    4 lawyer answers

    I agree with many of the statements here. The simple fact that you are married to a visa-overstay does not stop you from being eligible for citizenship. You will need to disclose that you are married and list her her name and address, though, so USCIS will be aware of her presence in the United States. Unless she is of extreme interest to ICE (terrorist, extensive criminal history, etc.) the odds are very small that she would come into harm's way. As soon as you are a citizen, though, I highly...

    4 lawyers agreed with this answer

  6. Processing time for U-Visa I-918

    Answered over 1 year ago.

    1. Tracie Lynn Klinke
    2. Alexander Joseph Segal
    3. F. J. Capriotti III
    4. Obi E Chukwu
    4 lawyer answers

    The Vermont Service Center is really understaffed right now and U cases are taking a lot longer to adjudicate. They haven't stopped adjudicating, though, they are just extremely behind in their work. It's extremely frustrating, I know. Once you see that they are processing cases from April 2012, hopefully you'll have an answer pretty quickly. Best of luck!!

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  7. How long does USCIS take to withdraw an I-130 petition after they have received the withdrawal letter? And do they notify you?

    Answered almost 2 years ago.

    1. Tracie Lynn Klinke
    2. Rahul Chakravartty
    3. F. J. Capriotti III
    3 lawyer answers

    Generally, USCIS honors the I-130 withdrawal request immediately. If there was an I-485 associated with the filing, there will be a denial decision that will be issued. I have seen letters confirming an I-130 withdrawal in the past. You may want to confirm the withdrawal by looking up the receipt on the USCIS website. Remember, the I-130 is controlled by the US citizen or Lawful Permanent Resident, so any correspondence would go to them, and not to the foreign national.

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  8. I FILED A I-601 AND I-212, WHICH I RECIEVED A LETTER YESTERDAY THAT THEY WERE DENIED.

    Answered about 2 years ago.

    1. Carl Michael Shusterman
    2. Tracie Lynn Klinke
    3. Robert West
    4. Toni Maschler
    4 lawyer answers

    Yes, you'll need to refile both forms.

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  9. If you file a i-130 does the person still need to file i-485

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Tracie Lynn Klinke
    3. Norma Lorenzo
    4. Stephen D. Berman
    4 lawyer answers

    It sounds as though the friend's husband is doing consular processing for his immigrant visa. If this is correct, then once he enters the United States, his green card will be produced and mailed to him - hopefully within about a month. If he doesn't receive his green card within 90 days, he should speak with USCIS and ask for an update. An I-485 will not be necessary because he's entering the United States as a permanent resident.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. In asylum proceedings , while my stay will expire next month what should i do to remain in legal status.

    Answered 5 months ago.

    1. Carl Michael Shusterman
    2. Tracie Lynn Klinke
    3. Mary Nicole Morrison
    3 lawyer answers

    There really is no way to extend your tourist stay at this time. By filing for asylum, you have told USCIS that you don't intent to be a tourist - that is, to see the US and return home. But, you are considered to be in the US lawfully while your asylum case is pending. So, even though your time as a tourist expires in May, you are allowed to stay in the United States (and as the other attorney states, you must remain in the United States) while your application is pending.

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