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Juan Paolo Pasia Sarmiento
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Juan Sarmiento’s Answers

2,208 total


  • Spouse manipulating green card

    I entered what I thought was a loving marriage 2 years ago, I am a European citizen and my husband is American. While I thought he was happy I found out he was cheating and acting crazy. I applied for my ten year green card with him and it due to ...

    Juan’s Answer

    If you remain married, gotta file a joint 751 within 3 months of expiration of the conditional GC. If you get divorced, you can file an I-751 w/ a waiver of the joint filing requirement. For the 751 w/ a waiver, a detailed affidavit regarding your relationship and why it did not work is important, as well as bona fide evidence especially from the time you got the 2-yr GC.

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  • How can I trace back the times I've crossed the boarders? I contacted USCIS but I got no answer to my question.

    I live in upstate New York close to the Canadian boards and I've been to Canada several times in the past five years but I haven't kept track of the dates that I've crossed the borders to Canada. I'm getting ready to apply for the citizenship and ...

    Juan’s Answer

    An estimate of the number of trips and number of days per trip is fine.

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  • N400-Can I make correction to proposed name change in during interview?

    I wrote down yes to name change, and added middle name as James in N400. But if I would like it to be Edward (it's still before interview), can I tell IO to fix it during interview for naturalization?

    Juan’s Answer

    Yes. .

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  • Can this situation negatively affect my reentry?

    Hello, I'm a (conditional) green card holder. I just got in Italy a few days ago and unfortunately my Italian passport was damaged. I'm staying here one month so I have plenty of time to have a new one from the local government authorities. When I...

    Juan’s Answer

    Should still be fine. .

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  • Expired F-1 status, filling I-485 - can I travel to Puerto Rico with valid NY Driver License ?

    I came to US as J-1 student in 2007 , changed my status here into F-1 but I'm not in school for over a year now (out of status). I got married to US Citizen January this year and I'm just about to fill I-485 form. I'm planning to travel to Puerto ...

    Juan’s Answer

    Better to travel with advance parole. Though Puerto Rico is US territory, it gets tricky still with flights going there. Your marriage doesn’t give you status automatically. So if an officer asks you about your status, given that you haven’t filed yet, technically you’re out of status.

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  • I applied for my AOS I-485 in October of 2015 and received my EAD IN DECEMBER 2015 however I haven't heard from uscis since then

    Applied for Adjustment of status in October 2015 Received myEAD IN DECEMBER as of today no update on my interview My mother had filed for me under the F2B category

    Juan’s Answer

    Normal. .

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  • Can I drop the joint sponsor at the interview?

    My spouse (US citizen) and I filed I-130 and I-485 concurrently. We had to obtain a joint sponsor as he did not meet income requirement and my income can not be counted (I have an F-1 based EAD now in STEM extension) as my job is on contract - ren...

    Juan’s Answer

    Bring your husband’s new taxes, new W2s, and recent pay stubs. Should be fine then even if co-sponsor was laid off.

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  • Daca

    Does USCIS accepts letter of explaination if i write one along with my application so they can understand me better what i am trying to say ?

    Juan’s Answer

    Yes. .

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  • What happens if i stay longer then six months outside of Us? Should i fill out any papers to reenter?

    After i got my AS7 category green card i traveled to my country and planed to stay 2 months. But now its been almost 6 months i am having problems to renew my passport.

    Juan’s Answer

    • Selected as best answer

    You can still come between 6 months and a year, but be prepared to explain and show docs as to the delay.

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  • What forms Does my employer have to fill for me to change my status to work visa ? Form I- 129 and form I-539 or what form ??

    I'm in New York and an employer offered me a job and I want to change my b1/b2 visa status to work visa

    Juan’s Answer

    I-129. But unless they’re cap-exempt, quota is used up.

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