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Kelly Marie McCown

Kelly McCown’s Answers

13 total


  • I-130 Application.

    Hello there, I am filing an I-130 Adjustment of Status application. But I need a replacement I-94 for the I-130 application, which requires me to file an I-102. Can I file the I-130 and the I-102 together at the same time since they are bo...

    Kelly’s Answer

    I assume that you mean that you are filing an I-485 application for adjustment of status. I would handle this by filing the I-102 first, and including the receipt notice with the I-485 application. Follow the form instructions for where to file each of the applications. I hope this helps!

    Disclaimer: This answer is for informational purposes only and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel.

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  • I-485 - Additional documents during concurrent filing?

    I am applying AOS based on marriage to a US citizen spouse. My present status is H1B but without a job. It expires on 09/11. Considering above, what additional documents can be sent along with I-485 so that it doesn't get rejected without basi...

    Kelly’s Answer

    I'm not sure that I understand your question. Assuming that you are otherwise eligible for Adjustment of Status, you can file the I-130 followed by the I-485, or you can file the I-130 and I-485 concurrently. You cannot file the I-485 by itself unless you have already filed the I-130 alone and have the receipt notice in hand. You might want to review the I-485 application instructions, which include a list of documents that should accompany the application. Good luck!

    Disclaimer: This answer is for informational purposes only and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel.

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  • My H1B expired in August. A company wants to sponsor me for an EB2.

    The 6 years on my H1B has run out in August, I planned to go home to Barbados, and return on a B1/B2. Then a friend sent my resume to a small company (approx 30 employees) that says they might have a job for me, and I told them that I would want...

    Kelly’s Answer

    • Selected as best answer

    Unfortunately, PERM recruitment takes 60 days and processing is taking 8-9 months. Once your PERM application is approved, it would be possible to request premium processing of the I-140. Then, when the I-140 is approved, if your priority date is NOT current you are eligible to receive an H-1B valid for 3 years. So you may want to discuss with an immigration lawyer whether filing in EB2 is really to your benefit if your goal is to be back in H-1B status ASAP. (Of course, the category of your I-140 petition depends on the PERM application, which should reflect the employer's true requirements for the offered position, so this is more of a complex topic then I can discuss in this short answer.) Ability to pay also might be an issue if you are not working for the sponsoring company from the date of filing of the PERM, so this is another thing to include in your strategy for the case. Good luck!

    Disclaimer: This answer is for informational purposes only and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel.

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  • Immigration I864. Can my husband (sponsor) use house in my name as asset in I-864 as California is Community of Property State?

    I have a pending AOS EB-3 category (PD July 2004), German national; July 2007 I-485 filer, Received Date 08/01/2007, Notice Date 10/09/2007. Married to US citizen for a year and considering changing to Family-Based application. My husband (sponso...

    Kelly’s Answer

    If your income alone meets the 125% of poverty line for your family size, then proof of assets wouldn't even be required. But even if the house is in your name, you can include it toward the support requirements. However you would have to have a recent appraisal and submit mortgage statements to show your actual equity if you rely on the house as an asset. Read the I-864 instructions -- the form is complex but the instructions are fairly good.

    You do need to pay for a new medical exam and biometrics, even though you already filed for EB I-485. Be sure that you reference your A-number on your new application based on your marriage. This is very important so that your two files can be merged. Good luck!

    Disclaimer: This answer is for informational purposes only and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel.

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  • Can my husband who entered U.S. without inspection establish residency(greencard) in U.S. if he is a Canadian Citizen?

    My husband came to U.S. legally with a visitor visa from india. Then through a company got H1B and worked legally until he had to renew it. His dumb employer filled out the paperwork incorrectly and made him leave the country and go to Montreal(ca...

    Kelly’s Answer

    The short answer is yes, if your husband makes a legal entry to the US, you could then sponsor him again for a US green card. However, the case history sounds a bit complicated, so you'd want to have legal advice from an immigration lawyer before proceeding. If there was any fraud or if your husband stayed in the US longer than 180 days after that illegal entry, then he might need a waiver of inadmissibility before he could be granted a US green card. (If the 3 or 10 year bars apply based on his overstay, the waiver would not be needed if those periods had already run during your husband's stay in Canada.)

    Disclaimer: This answer is for informational purposes only and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel.

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  • Russian girl on 6 month visa. if we marry, what to do to be us citizen

    yes we want to have children, and she wants to work. she is a nurse

    Kelly’s Answer

    If you are a US citizen and marry, and then sponsor your wife for permanent residence (a green card), she would be able to obtain work authorization in about 3 months after you file the paperwork with USCIS. However, given that she last entered on a 6 month visa, which I assume is a B-2 tourist visa, I'd advise that you consult with an immigration attorney to be sure that there are no issues that could raise red flags in her case, such as misstatements in her visa application or on entry to the US, or a very recent entry to the US followed by marriage and green card application. These cases are usually very fact specific, and of course you would need to be able to prove the validity of your relationship for a successful outcome. Good luck!

    Disclaimer: This answer is for informational purposes only and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel.

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  • Wealthy US Citizen wants to employ a foreigner as consultant 4 startup on H1B. I want to pay to him in UK, possible?

    I am a wealthy US Citizen and I would like to employ a British citizen as an initial consultant for a startup business on an H1B visa. I want to pay them in UK to avoid initial expenses of setting up and getting involved in payroll/taxes etc durin...

    Kelly’s Answer

    H-1B sponsors must be "US employers," meaning that the company must be legal established (usually incorporated), with a business location, business licenses, etc. The employees also must be paid as "employees" with taxes withheld and W-2 isssued. There have been some exchanges of letters between USCIS and immigration lawyers that suggest that in some circumstances an H-1B can be paid from abroad, but this is typically in the case of a multinational corporation with payroll centralized abroad. I hope this helps.

    Disclaimer: This answer is for informational purposes only and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel.

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  • What will happen to Green Card process, once L1B's 5 year period completes?

    Hi there, I am on L1B Visa from the past 3 years. I got extension for 2 years more so I can stay till July 2011. My 5 years period of L1B will be completed by then. I would like to apply for Green Card (GC) now. In this regard, I heard...

    Kelly’s Answer

    You may need to consider changing status to H-1B to be able to extend your status beyond your current five-year maximum. H-1B visa holders can obtain 1 or 3 year extensions indefinitely until the green card is approved. The ultimate timeframe for the green card process depends on your country of birth as well as preference category, so it is difficult to answer that part of your question. However, you can still be sponsored for a green card while outside of the US. I would advise discussing this with an immigration attorney so that you can plan your strategy and not have any surprises later! Good luck.

    Disclaimer: This answer is for informational purposes only and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel.

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  • Can I get my Green Card by marrying an US citizen with a criminal record?

    I entered legally to USA one year ago, but my status expired 6 moths ago. I have an american fiance and we're planning on get marry soon. He has criminal record for theft and drug posses. Is that a problem? I have no criminal record neither in...

    Kelly’s Answer

    Your fiance's criminal record will not bar you from obtaining permanent residence. However, be sure that he has no outstanding warrants, probation violations, etc. because USCIS now checks the criminal history of US citizen sponsors as well as foreign applicants for green cards, and has been known to send the sheriff to immigration interviews to arrest US citizens who are wanted by the police! Good luck!

    Disclaimer: This answer is for informational purposes only and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel.

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  • I am a permanent resident intending to marry my b/friend who is here illegally since 2001, can his status be changed due to this

    My boyfriend and I are currently registered domestic partners in CA. We have been together for mor than 5 years. I am a permanent resident and have been since 1998. My b/friend is now an illegal alien having overstayed his student visa since 20...

    Kelly’s Answer

    Hi Ann,
    It will be much faster if you become a US citizen and then sponsor your boyfriend for permanent residence. The process in SF once you are a citizen should take only about 4-6 months. Presuming that he has not left the US since 2001 when his F-1 visa expired, he would not be barred from adjustment of status to permanent residence based on the overstay, but as this complicates your case I would advise that you speak with an immigration lawyer to be sure that he will qualify for a green card. Good luck!

    Disclaimer: This answer is for informational purposes only and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel.

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