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Barbara A Marcouiller
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Barbara Marcouiller’s Answers

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  • Missed hearing on an asylum claim, options?

    After coming the US a few months ago and promptly claiming asylum, a friend of mine had moved AND submitted an address change form. For whatever reason, even though the address appeared correct on the documents, they didn't receive notice of their...

    Barbara’s Answer

    It is important to know that filing an AR11 change of address is required but not sufficient. You must also file a change of address with the specific office that is adjudicating your case--no matter what type of case it is, and if the case is before an immigration judge there is another form to use for the change of address that must go both to the court and to the ICE Counsel. I urge your friend to work with an experienced attorney.

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  • Parents sponsorship: How do I start and what forms to file?

    I am a US citizen by naturalization and planning on sponsoring for my parents to reside in the US. They are in the age of 60s, so they will not be working after their arrivals. Which forms do I need to file besides the I-130? Do I need to file any...

    Barbara’s Answer

    It sounds like your parents are abroad not in the U.S. In that case, filing the I-130 is just the first step. There will be more forms to file with the National Visa Center, then there will be more documents to obtain and work to do for the interview. There are a number of steps. Also, you want to make sure to have the history analyzed to see if there may be any issue as to their admissibility.

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  • I haven't sent form I-129f for k-3 visa.Do I send the form in now or do I wait for the interview day?

    I'm trying to get my wife in the country.We've been married for 2 years now and we've dated since 2009.I sent form I-130 first but I thought that it had to be approved in order to sen I-129f! I recieved a mail for an interview in seattle.What do I...

    Barbara’s Answer

    If your wife is out of the country, and you filed only the I-130, you are only being interviewed regarding the relationship and your ability to petition for her. It is very uncommon that people are interviewed on the I-130 when the applicant is abroad. You would benefit from the assistance of an attorney

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  • I have an interview for my wife's visa(IR-1) in seattle.Do I take my criminal records,tax transcripts and affidavit of support?

    By the way, do I pay any fees for this?

    Barbara’s Answer

    Your criminal records don't matter unless you've been convicted of crimes such as abduction, sexual abuse of a minor, or other crimes that fall under the Adam Walsh Act. They are asking for her criminal records

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  • When will I have to pay affidavit of support fee? Is it before the interview I have here in the US or after it?

    I applied for a IR-1 VISA and I have my interviewd schedueled, when am I going to receive affidavit of support fee?

    Barbara’s Answer

    You really need to get a lawyer. That isn't how it works when applying in the U.S. If you are applying to adjust status in the U.S. you don't pay a separate affidavit of support fee.

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  • I'm on j1 visa and subject to rule 212e.will approval a national interest waiver green card cancel the two year home residence?

    My j1 visa is on governmental fund from my home country

    Barbara’s Answer

    I agree with Ms. Marty, but bear in mind that the standard for an O-1 is extraordinary ability, and an EB2 with NIW is a lower exceptional ability. USCIS has made it clear that they do not consider the O-1 and EB1 to be exactly the same. In other words, just because you have an O1 doesn't automatically mean you could get an EB1. On the other hand, if you are going for an EB2 with NIW, just be aware that the O1 standard is higher. Bottom line: make sure you obtain a thorough review of your specific case by a qualified attorney to make sure you can do the O1. Still, the idea of getting an O1 if you qualify in order to have time to get the 2 year home residency requirement waiver is good.

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  • Do I have to wait for a response on the I-130 for the K-3 visa to send I-129F form? My wife and I just waited 5 months ....

    So my wife got denied entrance on a tourist visa 2 years ago and we got married in her home country.We have no clue on this immigration thing and THESE FORMS ARE PAINFULLY NOT WELL EXPLAINED ON HOW TO DO THEM...Can you guys please help us out, we'...

    Barbara’s Answer

    You don't wait for approval but for receipt notice. By the way, if the I130 is approved by the time of the K3 visa interview, they won't do the k3 but make you go for the immigrant visa. It's worth the money to have a good attorney assist you

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  • I am applying to EB2-NIW for a green card. A petition letter has been drafted and I would like to get a second opinion on it.

    I am applying to EB2-NIW for a green card. A petition letter has been drafted and I would like to get a second opinion on my chances of getting an approval.

    Barbara’s Answer

    You will want to make an appointment to discuss it in detail with one of us who is very experienced in that type of case. It requires substantial documentation in addition to a petition letter

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  • Will a Canadian citizen require a birth certificate when being sponsored to the U.S. by a K1 Visa?

    I'm a U.S. citizen who plans to sponsor my fiancee, who is a Canadian citizen, to move to the U.S. via a K1 Visa. However, she does not have a birth certificate. Will this pose a problem during the process?

    Barbara’s Answer

    Yes, she must order her birth cert, and US requires the long form with parents' info and not the card most Canadians have

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  • If someone is married to a non-us citizen and dies, what happens to the spouse?

    MY fathers wife is from China and she is not a citizen. He died 3 days ago. She only has a green card, does she have to Return to China now that he has died?

    Barbara’s Answer

    No. Not if she has a green card. Contact a lawyer to discuss your personal details.

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