Skip to main content
F. J. Capriotti III

F. Capriotti’s Answers

32,212 total


  • Will the UCIS accept my I-864 now that I have a job that pays well over the required asset/income amount?

    I am sponsoring my wife under UCIS adjustment of status proceedings for the I-864. I graduated from college and didn't have an income prior to filling out the I-864. However, I now (two months later) have an income that well exceeds the standard p...

    F.’s Answer

    Read the instructions closely. You need SIX MONTHS of solid employment .. not 2 ... sorry.

    Other information? Talk to an attorney, many of us do Skype consultations ... a joint sponsor may be necessary.

    See question 
  • How getting married will affect our taxes?

    I came to USA with a visitor visa and after 7 years i was granted with a U Visa that allows me to work. my boyfriend and i are talking about getting married, but I'm a little worried about how this process could affect HIS taxes filing since his i...

    F.’s Answer

    Good questions .. for a tax lawyer .. this isn't an immigration question. I'll re-classify.

    See question 
  • Am I eligible for -485 adjust of status?

    I am on E-3 and my wife on E3D visa . my wife is sponsored by an employer for EB-3 (Not working for sponsor yet). Her PERM is approved are we eligible to apply for adjust of status I-485 considering our visa is a non immigrant visa? if we apply fo...

    F.’s Answer

    There is a slight delay in the processing of the I-485 for the EB-3 classification.

    Thus, the I-485 can NOT be filed with the I-140.

    Make sure that you hire an attorney to do the I-140 ... don't trust a NON-ATTORNEY in HR.

    See question 
  • How to withdraw I-485 and I-130

    Applied for AOS in April. Have not received interview date yet but husband and I are impending divorce. Do I need to have the divorce final before I withdraw my application? And how do I withdraw my application? Also how long after I withdraw my a...

    F.’s Answer

    The person who signed the I-130/I-864 can write a letter withdrawing them.

    The person who signed the I-485 can write a letter withdrawing it.

    Send either/both letters to the address on the receipt(s) ... include a copy of the receipt(s).

    See question 
  • I want to sue my ex-husband by affidavit support(I864)

    Dear lawyers, I am a green card holder through marriage,I got divorced last month,currently I am studying for board exam and also took observer in hospital,so I can't work until I take the exams and become match for Residency ,also I don't have a...

    F.’s Answer

    This isn't an immigration law question. Talk to your divorce attorney.

    See question 
  • Does applying for a waiver of the J1 residency requirement void/harm your J1 status?

    Currently on a high school exchange program that should have ended last year but was extended 6 months due to turmoil in home country. Hoping to complete the school year on an F2 (parents are now in the US on F1). Waiver may be denied so seeking a...

    F.’s Answer

    Waiver???? Are you sure you need a waiver? Look at the visa stamp and the DS-2019 ... I don't think you'll find the restriction on there.

    Ask your parents to pay an immigration attorney for a consultation.

    See question 
  • I797 start date on future and currently in US with old i797. Process of visa stamping before new petition starts and travel

    H1B Visa: No Change in employer but client change Old Client I-797 end date: 31-Dec-2015 New Client I-797 Amendment\Extension Start & end date: 01-Jan-2016 to 31-Sep-2017 I’m planning to Travel India for vacation next month S...

    F.’s Answer

    You appear to be working for a job shop. Be careful, immigration and the US Consulates are investigating these relationships very closely. "Administrative processing" delays of many months are occurring at the US Consul in India.

    Make sure you talk to the company's immigration lawyer and NOT a NON-ATTORNEY in HR ... nor a NON-ATTORNEY member of anything they call an 'immigration team.'

    Make sure your relationship meets this test: http://www.uscis.gov/news/public-releases-topic/business-immigration/questions-answers-uscis-issues-guidance-memorandum-establishing-employee-employer-relationship-h-1b-petitions

    See question 
  • My wife sponsored me but after the Affidavit of Support Approved at the NVC she quit her job and didn't work for 5 months

    Our case got completed at the NVC and we are waiting to be scheduled for the interview but after we submitted all the documents and the affidavit of support to the NVC she quit her job and she finally found another job after 5 months without a job...

    F.’s Answer

    It isn't necessary to repeat your question. Please see my answer to the duplicate of this one.

    See question 
  • My wife sponsored me but after the Affidavit of Support Approved at the NVC she quit her job and didn't work for 5 months

    Our case got completed at the NVC and we are waiting to be scheduled for the interview but after we submitted all the documents and the affidavit of support to the NVC she quit her job and she finally found another job after 5 months without a job...

    F.’s Answer

    I agree with my colleague. Do a new I-864 and have hr obtain proof of her new employment.

    Get updated bank records also.

    See question 
  • What can a immigration lawyer do to help resolve this as quickly as possible?

    My name is Caroline Grant. I was born in 1956 in Bristol Pa.. In 1969 my Welsh mother moved my family to Wales in the UK. I was 13. In 1973 I married and in 1975 I gave birth to my son Adam. In 1979 I returned to the US bringing my son Adam with ...

    F.’s Answer

    I am sorry to hear that you received so much bad information.

    From these facts, Adam is NOT a US citizen because you didn't spend 5 years in the US after you were 14, but before he was born: http://www.uscis.gov/policymanual/PDF/NationalityChart1.pdf

    Further, as you soon learned, he didn't qualify to use ESTA.

    You should talk to an attorney. There are non-profit groups that can help to expedite the I-130 ... which was the only correct form you listed (the I-131 was really, really, wrong.)

    If you are low income go here: www.justice.gov/eoir/probono/states.htm or http://www.immigrationlawhelp.org/

    See question