Unfortunately, the law requires that the application have been filed with USCIS by April 30, 2001, or received by the Department of Labor by the same date. You describe a very unfortunate situation with serious consequences, but under the law, there is nothing USCIS will do to fix the problem. You must review what other options you have to adjust your status by meeting with an immigration attorney who should give you a thorough explanation of your options after an intake that would include...
Selected as best answer
You definitely should request a replacement I-94 so that you can show that you are in the U.S. in legal status. After submitting your application, and while you wait for the replacement, I would recommend that you carry with you a copy of the official USCIS notice with the case number and your name on it. If you have any questions, feel free to contact my office at info@visamiami.com. All the best, Renata Calderaro, Esq. The Calderaro Law Group Immigration Attorneys 12550...
Selected as best answer
I agree with my colleagues, you will need to have any and all the documentation that establishes that you had a legitimate marriage (joint bank statements, health/car insurance, correspondence, etc.). You can also bring any other documentation that evidences the abuse (police reports, etc.) and affidavits from friends and family. You should prepare for the interview with the help of an experienced immigration attorney to ensure that your file is complete for the interview to increase your...
Selected as best answer
When you say he is here "illegally" do you mean that he overstayed a visa, or that he entered the country by crossing the border without proper documentation? If it is the former, then you may marry in the U.S. and petition for his green card or residency here. This process is fairly quick, and we are seeing approvals in fewer than 6 months. If he entered illegally without a visa, then he would only be able to adjust his status if he is 245i eligible (this depends on when he entered the...
Selected as best answer
The current processing times for K visas are approximately 5 months, plus the time it takes to process the visa application at the consulate. This assumes that your fiance is not in the U.S., which is not detailed in your question. There are other options which you may want to review to allow your fiance to enter the U.S. prior to that time, such as a work or student visa. Should you need any clarification, feel free to contact us at info@visamiami.com. Regards, Renata...
2 lawyers agreed with this answer
I strongly recommend that you speak with an immigration attorney about your case. How do you know your ex-husband has been subpoenaed? VAWA petitions are confidential, and the government would not advise your former spouse of this application you have filed. To protect battered spouses, the government allows for self-petitioning, so that the abusive spouse does not play ANY role in the process or even knows that you are applying for immigration benefits. In fact, the law is clear that USCIS...
1 person marked this answer as helpful
Congratulations on your marriage! Because your wife is a resident, she can file an I-130 petition on your behalf, but that petition does not permit you to apply for your residency right away. The petition does not give you status. It is only when you apply for your residency or "green card" that you can also request a work permit. As a result, the priority should be for her to naturalize and become a U.S. citizen. The application process in Florida is very quick - most of my clients have...
1 person marked this answer as helpful
I realized that you have already departed. In that case, the commercial airline would have that information for the government, and according to the government, you would not need to do anything further. Nonetheless, it is a good idea to document the date of departure from the U.S. by writing to the following address ACS - CBP SBU, P.O Box 7125, London, KY as well as the one listed on this site: //help.cbp.gov/app/answers/detail/a_id/752, to let the government know that you left the U.S....
1 person marked this answer as helpful
Yes, the waiting times for siblings of US citizens are quite long. While it is hard to predict how much longer it will take, the cases move on average month to month. Over the last three months, your category (family-based category 4) moved from January 2001 to October 2001. If you need to be in the U.S. sooner, then you can review other options, such as a work visa. The best visa options for you would be dual intent visas, such as the H1b or the L visa. If you need clarification...
1 person marked this answer as helpful
In general, you may still use the approved I-130 your wife filed on your behalf. You may also be eligible for a waiver to return to the US even before the 10 years are up. I agree that you must speak with an immigration attorney directly to ensure the best legal strategy for your specific case. As an example, you may be eligible for a K visa as the spouse of a US citizen, as an alternative to filing the immigrant visa petition through the National Visa Center and the U.S. Consulate. You...
1 person marked this answer as helpful