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Rebekah Grafton

Rebekah Grafton’s Answers

133 total


  • Is it possible to file a petition for my fiance right away after getting married?

    Rebekah’s Answer

    You can file a petition for him right after you get married, however, depending on how he entered the United States, he may need to consular process. If he leaves the United States (to consular process or to do the church wedding), he will trigger a bar to reentering the United States for 10 years, unless he can secure a waiver. You should speak with an immigration attorney to evaluate your options, especially given that he may be eligible to travel with Advanced Parole (an application made with USCIS) if his DACA is approved.

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  • How to fil out the cr1 DS-260

    Rebekah’s Answer

    I agree with my colleagues. Based on what you are explaining, you were not refused or denied a visa, you simply did not win the DV lottery.

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  • Do i have to file all forms for immigration together or send form by form starting with I-130 ??

    Rebekah’s Answer

    When petitioning for someone who lives abroad and will be consular processing, you start with the I-130 and accompanying G-325A forms and supporting documents. Additional forms and supporting documents will later be sent to the NVC and eventually brought with your husband to his consular interview.

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  • Family name to be listed in I-130 and affidavit of support forms ??

    Rebekah’s Answer

    You will need to use the name that is on your birth certificate unless you have completed a legal name change. You should contact an immigration attorney before filing the paperwork because you may need additional supporting documents to deal with this name issue.

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  • Motion to reopen. .

    Rebekah’s Answer

    You need to speak with an experienced immigration attorney. You would not need to file an I-290B if you were seeking to reopen removal proceedings, but rather would want to see if the prosecutor would agree to reopen, and in the alternative, file a motion to reopen with the court that last heard your case. An experienced immigration attorney can help you with this.

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  • Is it ok to marry my UK citizen fiancé during his visit in the USA as a tourist?

    Rebekah’s Answer

    There is generally no problem with marrying your fiance when he is here on a tourist visa, so long as he is still only coming to visit the United States and then return to the UK after the marriage. You should definitely speak with an immigration attorney, however, who can advise you as to time frames and standards of proof to decide whether a fiance petition or a spousal petition is a better avenue to pursue and this conversation is best had before the marriage, while both options are still available. Each petition has its advantages and intricacies.

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  • When should I apply for citizenship?

    Rebekah’s Answer

    Based on your statement that your green card expires in August of 2017, it sounds like you were married less than two years at the time that you received your green card. This means you will first have to petition to remove the conditions off of your residency before the expiration of your green card. This can either be done jointly with your spouse or by requesting a waiver, if you qualify for one. If you are still married and living together, you can file for citizenship 90 days before the third anniversary of getting your green card, but if you are not living together, you will need to wait until the fifth anniversary. It is very important that you have an attorney review your file before naturalization, however, because if there have been any errors in your case along the way, you could be referred to removal proceedings. Hiring an attorney to help remove the conditions on your residency can also be very helpful as USCIS tends to hold couples to a high standard of proof.

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  • Is it worth submitting I-130 while I'm a permanent resident or it's better to wait till my naturalization?

    Rebekah’s Answer

    As the other attorneys have noted, the decision on whether to file while you are still an LPR is up to you. One thing you should understand though is that you should not have your wife concurrently file an I-485 if the visa is not immediately available (i.e. if you are still an LPR) because it may be denied and you will lose your filing fee. If you want legal advise specific to your situation with respect to your N-400, I-485 and I-130, you should schedule a consultation with an immigration attorney who can go through each scenario with you and advise you what route to take.

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  • I-130

    Rebekah’s Answer

    As the other attorneys have mentioned, you should help your friend by consulting with an immigration attorney. Dealing with a case like this is more than just filling out paperwork.

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  • Does 4year 1 day applies to my case?

    Rebekah’s Answer

    As the other attorneys have mentioned, you should meet with an immigration attorney because you may run into issues with the amount of time you have been outside of the United States, especially on your last trip. You need to prove that you have been a resident of the United States despite the time you have spent in the Philippines. An immigration attorney can help you best address this in your application and at an interview.

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