Sarah M. Cross's Answers

Green Card sponsorship for Brother - I-797 Notice of action,

An approval is only the first step in your immigration process. Even though your application is approved, you are notyet eligible for a visa to the US. When your sister filed for you, you became a fourth preference immigrant. Out of all of the family based applications brothers/sisters are the lowest priority. Only 65,000 brothers/sisters can enter the US on approved visas each year. However, many more people apply for immigration benefits then 65,000 every year. That means that there is...

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I-864 Joint Sponsor IRS Flag for Audit

Normally there isn't really any communication regarding returns between Dept. of Homeland Security and the Treasury Department. In 8 years I have never heard of anyone being audited because of co-sponsoring an application. But, as stated in the previous answer, you should not be knowingly submitting false tax returns to USCIS. It seems like the person may just be trying to give a polite reason not to co-sponsor you and perhaps you should have a conversation with them and your attorney about...

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How can I petition my kids?

I agree with the previous answer but would add one additional point. You will need your ex's consent for them to leave your home country or a court order/divorce decree that allows for you to take them out of the country.

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Best/fastest option: Marry outside the U.S. and then file for spouse's visa? Or, wait & have him enter under fiance visa?

You have to sponsor him regardless of choosing between the fiance visa and the marriage visa, so you will need to find a co-sponsor no matter what. There are many factors to consider in addition to the time frame, like costs and practical matters like work permits, etc. In terms of speed, there really isn't any option that would be considered "quick". A fiance visa and a CR-1 visa are going to take similar amounts of time to process give or take a couple of months. You should speak with a...

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Can not filing a tax return and owing money to the IRS affect my husband's status?

You will be required to file an affidavit of support. Part of that process is to submit copies of your past tax returns and to certify that they were filed. You should consult an attorney to see what can be done.

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Immigration

It would probably just be easier for you to have someone watch her for a few hours. There really is no telling how long you will have to wait for the interviewer or how long the interview will take. Your wife will probably be done before you, but why risk it.

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My husband is in a federal prison could a transfer be denied based on his immigration status?

This question would be better directed to a criminal attorney in your state than to an immigration attorney. An experienced criminal attorney in Nebraska would have more knowledge of the Dept. of Corrections procedures in your state.

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Question regarding I-485 Form

I have to agree with the previous response. If you are unable to determine how to fill the form out from the direction, then you are very likely to end up missing some other important supporting documents when you file the petition. AOS petitions can be complicated and errors or omissions can cause pretty lengthy delays. That said, you are filing along with a jointly filed I-130 as the spouse/immediate relative of a US citizen who will have an immediatly available visa number - ie "a"....

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I am a UK citizen married to an American. We will not pass the Adjustment Of Status, what happens to me?

You should really consult with an attorney to review the issues presented by your affidavit of support. He had to meet the requirements for your fiance visa. So, if you had a temporary change in financial circumstances like a temporary lay off, etc. he may be able to submit documentation of his current increased income in addition to the previous year's tax returns.

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Immigration case has not been properly handled

I agree with the previous two answers. First of all, you don't give all of the details here. Secondly, you are an outside observer and you may not be fully aware of everything that your cousin is providing her attorney or the reasons that the NVC is requesting additional documents. If you want a second opinion on the matter, make an appointment and take the entire file to a local immigration attorney for him or her to review. Otherwise, you can make an appointment with the attorney who is...

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