I'm a US citizen and I have a baby who is too and am planing to get into the government benefits and planing on bringing my husband will that effect me in any way? Please Help need advice
You will still be required to sign an affidavit of support form when sponsoring your spouse, but you can't rely on that alone to meet the support obligation.
Since you likely don't have assets of three times the required amount (another option for meeting the support requirement other than income), you can as my colleague noted meet this with a joint affidavit of support - a separate Affidavit of Support signed by some other citizen or permanent resident living in the US who meets the support requirement for a household of their size.
See the legal guide here: https://www.avvo.com/legal-guides/ugc/joint-sponsorship-legal-guide for more infomation on thisSee question
Hello, This is regarding I-485 married to US Citizen My Spouse has only been working and making enough money (more than 125%) for 5 months but the previous years her income was very low, so when we filed we provided a Co-sponsor for more safety....
You should seek the advice of an attorney here.
You CAN rely only your US citizen spouse's income alone at time of interview with sufficient proof that this spouse meets the income requirements. The problem is in responding to the current RFE (I suspect this is styled as a "Request for Initial Evidence") in order to keep the case moving forward and get to the point of interview.
Your response would need to be carefully worded so as to not appear "unresponsive" to the RFE -something which could result in denial of the application.
Again, speak with an attorney about this.See question
On 09/27/2002 , When I was legal resident I petitioned two sons, they were minors at that time. I never received any response to my petitions, just the received receipt. Recently, using the receipts a friend help me to check with the USCIS the sta...
I strongly suggest speaking with a lawyer - this gets complicated.
The first is Tougher question than it sounds like - will depend on timing. If you became a citizen before your sons married, than arguably the petitions are still "alive" and - though it will take some work to get them moving again - they can still be used.
If either son got married before you naturalized, the petition died at that point, as there is no valid category for an adult MARRIED child of a permanent resident and the act of marrying would have invalidated the petition. this is true even though you later naturalized and there was again a category for a married adult child of a citizen. Here, you wo0uld need to file again.
While as minor children the two sons discussed above could have been listed on the application or their mother, it's a good thing they weren't. If so, even had that case for your wife been approved, they would no longer be able to benefit after turning 21.
As to the grounds for denial of the case for your wife, there may be a way to get a copy through a freedom of information act request.
Speak with an attorney for advice and guidance on these complex issues.See question
I am doing MBA. Now this is my fourth semester. I have one more semester to complete. I am going to complete my graduation 2017 aughust. I want take CPT now. So can apply for H1B in April 2017.
Since the requirement for an H-1B is that the job be a "specialty occupation" - one requiring at least a Bachelor's level degree in a field where you have at least a Bachelor's level degree - then yes. If in an MBA program, presumably you already have a Bachelor's-level degree.
The issue is that you couldn't turn around later and say for green card purposes that this same job required a Master's degree as a minimum requirement (which in many circumstances can lead to a faster process). If it wasn't something you had already at the time you were offered the job, it can't be a minimum requirement of the employer.
This doesn't mean that this is necessarily a bad idea, or that there aren't other options. Speak with an attorney before moving forward with a plan.See question
My H1B petition got selected and approved in Sep'2015. I went for Visa interview in the month of May'2016. My case was kept in 'Administrative processing'. Requested project related document has been submitted by my employer in Aug'2016. I got rev...
This is among the toughest situations you can face in this process; it will take USCIS a long time to even get around to reexamining the petition. Hopefully, the employer's attorney has provided guidance here - you would want to speak with them, or speak with a different immigration attorney if they are not advising.
Normally, they won't revoke outright - they will first send a notice of intent to revoke and the employer will have an opportunity to address any concerns. It's still possibly that USCIS would affirm the approval, and then you would again start the process of trying to get the stamp from the consulate.
If the petition is affirmed and you get the visa stamp, yes your would still be cap-exempt. If not, then any future H-1b petition would again need to go through the cap lottery and be selected (and then be approved on the merits)
Good luck.See question
My grandmother (German citizen) is thinking about moving to the US to live near me, but her daughter (US citizen) would have to help her get the green card. We live in two different states (TX and GA), would it be legally ok for my grandmother to ...
I would have the potential sponsor (your mother? aunt?) speak with an immigration lawyer before starting this process.
In theory, there's no specific requirement that the individual being sponsored needs to live in the same city as the sponsor.
However, the generally philosophy underlying the family-based immigration system is "family reunification" - so it may be raised as a question at interview whether they in fact intend to reunite here. There would need to be a valid answer that your grandmother could articulate to the officer.
This is something that should be examined before beginning the process. Again, a conversation with an attorney is in order here.See question
My fiance and i will be getting married next month! She's 18, I'm 19. She is a U.S citizen. We would like to know if she can do a petition for me.?
Speak with an attorney before you do anything.
Once you are married, you are no longer a "fiance" and would need to proceed with a spousal petition. If planning to get married in the US and you aren't currently here, a fiance visa may be appropriate - but will take far longer than a month.
I suggest clarifying your situation and your options with an immigration attorney.See question
I started working on H1-B from Oct-1,2016. Working full time in a reputed company, LCA was approved, all sorted, no complications. Planning to travel home country. Want to know if the visa officer can deny stamping due to salary after H1 is approv...
I agree with my colleague - I'm not clear what you mean by "due to salary" here.
Are you concerned that recent pay statements won't reflect payment of the wage promised on the LCA? If this is the case, there is a real issue here - the employer hadn't met the requirements and your status while here wasdn't technically being maintained.
But if they are complying with the promises on an approved LCA, a consulate would have little reason to question the validity of the LCA's - and therefore the validity of the H-1B petition approved based on that LCA.
This isn't to say that there are never issues for visa stamping - security checks, issues with educational credentials/documents, etc. But I don't think this is likely to be the major issue as long as the terms of the H-1B are being complied with.See question
I want to go to college and for financial aid I need this card to receive financial aid Also would like to know what are he advantages if this card ?
There are two circumstances where individuals get conditional permanent residence - where they get a green card based upon a marriage to a citizen and that marriage is less than two years old at the time of approval, and where they get a green card based upon significant investment/job creation. You can't simply ask for it if you don't fall into one of these categories.
Speak with an attorney to determine what you may actually be eligible for.See question
I am currently in the US on F-1 Visa. My sister is a natural US citizen and I plan to apply for a Green Card through her. I am from India. How long will this take? Also, my employer will be applying my H1B next year. Will there be any complication...
Speak with an attorney before moving forward.
There is no conflict between your sister's permanent residence filing for you and an H-1B if you are able to secure one, but there would be with your current F-1 visa - potentially causing problems with readmission after foreign travel. The H-1B allows "dual intent" -the intent o eventually want to remain permanently while on a temporary visa; the F-1 does not.
The petition through your sister will be very, very slow -impossible to say how long, but this category is backlogged to early 2003 right now for individuals born in India. Often this types of petition takes so long that there is little practical benefit to offset potential issues.
Again, speak with a lawyer before moving forward with anything.See question