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Thomas James Geygan Jr.

Thomas Geygan’s Answers

7 total

  • I-129F - Date Differences.

    My fiance and I are in the process of filing the Form I-129F. He sent me his paperwork (G-325A, Letter of intent to marry) with the date of 10/14/2014 on it, I did not receive it until 10/17/2014. I have completed my end of the paperwork, after wa...

    Thomas’s Answer

    Here are the signature requirements from USCIS:

    Signature Requirements for USCIS Forms
    Legal Requirements for the Signature on Petitions and Immigration Benefit Applications

    Applicants and Petitioners: Applicants and petitioners must sign their respective applications and petitions. The signature must be an original signature. Parents and legal guardians may sign for children under age 14. Legal guardians may sign for individuals who are incompetent to sign. In such cases, the filing must include evidence of parentage or legal guardianship if not otherwise required for the immigration benefit being sought.
    Acceptable Signature for E-Filings: Electronic signature rules apply to forms filed electronically in accordance with the instructions on the form.

    Legal Requirements for Attorneys and Accredited Representatives Signing Form G-28, Notice of Appearance

    Attorneys and accredited representatives filing any petition or immigration benefit application on behalf of petitioners and applicants must sign Form G-28, Notice of Appearance, and include the original with the filing. The petitioner or immigration benefit applicant or his or her legal guardian for children under age 14 must sign the Form G-28 in the original.

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  • E-2 funding

    This question is for a friend of mine... my friend lives outside US and only has a US tourist visa. He owns several properties in US and intends to sell in property to fund the E-2 business (we're talking about $100k). Assuming he pays all necess...

    Thomas’s Answer

    • Selected as best answer

    Funds tracing is becoming a larger focus in the E-2 arena. Your friend will need to trace for USCIS that the funds came from the individual investor to the investment. Any and all parts of the transaction will need to be shown. This becomes more arduous when there are several layers of transactions making up the investment. The other part we will need to demonstrate is that the capital came from lawful means.

    In tracing lawful source of funds, the primary focus is on the person who originally obtained the funds. If the investor obtained all of the funds on her own, this an easier issue. If the funds were the result of a gift, the lawful source of the gift must be documented. A loan, the lawful source of the lender’s funds must be documented, as well as the lawful source of any collateral put up by the investor for the loan. If the source of funds is an inheritance, the decedent’s source of funds could be the issue.

    Often in tracing lawful source of funds, we must make a judgment regarding how far back to go with the documentation. If the source of funds is a real estate transaction that resulted in substantial proceeds from the sale of real estate, the documentation of the real estate sale will be required. If the real estate was purchased within the last several years, we will need to trace the money to purchase the real estate that has now been sold. We do not have to prove where the investor obtained every dollar that he or she now has or ever had.

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  • CHANGING MY PRESENT VISA STATUS TO A PERMANENT RESIDENCY STATUS.........

    AM Okefi, my partner is here in the united states on a short stay visa, and we got married few weeks back. i will love to fill for her to change her status, but speaking about the status, it is due for expiration soon even before we receive an ack...

    Thomas’s Answer

    The two previous answer were correct. You should speak to an immigration attorney here in Cincinnati, to make sure your partner will be able to adjust status. One of us will be able to help you decide if she is able, what the time frame will be, the risks and the costs. A lot of attorneys in Cincinnati offer a free consultation so there is no risk in speaking to an attorney.

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  • Letter of Intent to Marry address.

    My fiance and I are in the process of gathering the appropriate forms for the I-129F. I do know that we mail this package to the Dallas lockbox facility. However, I'm unsure as to what address for USCIS I'm meant to put on our cover letter and our...

    Thomas’s Answer

    • Selected as best answer

    You should address the letters to who you are sending them to. The problem with following other cases is that their situation my not be the same as yours. A number of the immigration attorneys in Cincinnati offer free initial consultations. You may want to discuss your situation with one and see if there will be any problems with your case. It is usually cheaper to hire an attorney early on to identify and fix a problem before you file, than to rush to meet a "notice of intent to deny " deadline or some other immigration deadline. If you have not looked at this here is the link to USCIS's info on the K-1 visa. http://www.uscis.gov/sites/default/files/USCIS/Resources/A2en.pdf

    Good luck.

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  • My wife and I recently married and don't have much evidence. What will USCIS ask us for??

    My wife is a US citizen and she is filing for me to adjust status. But we have only known each other for 8 months. What type of evidence can USCIS expect from us? Also, we are a young couple. So we do not have life insurance or a lease to show sin...

    Thomas’s Answer

    USCIS will require you to prove persuasively that you have entered lawfully, that you and your wife married for whatever reason other than to evade immigration laws, that your marriage is lawful in your state and you do not have any disqualifying factors

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  • F1 visa about to be out of status and about to get married to USC, what can I do ?

    Hello, I was an au-pair but after 3 weeks of transition, the agency took me off the program. I was told I would considered out of status. Fact is, me and my boyfriend are about to get married the week before thanksgiving. What do I need to do ?...

    Thomas’s Answer

    If you are going to marry a U. S. citizen, entered legally, and do not have a criminal recordy, discussing the difference between adjusting status and consular processing with an experienced immigration lawyer is in you best interests.

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  • Can a gay male illegal immigrant get a green card or citizenship if he marries a gay male citizen?

    Does U S immigration define marriage? This is in a state that legally allows gay marriages. The illegal immigrant originally came here legally, but just stayed and has been here for several years.

    Thomas’s Answer

    Based on the marriage the individual cannot get a "green card", but the illegal immigrant may be eligible for asylum based on membership in a particular social group. I would suggest you talk to an immigration attorney close to where you live and see what if anything the person is eligible for.

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