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I know that I have heard that an annulment erases the marriage. But for the K1 visa for my fiance I need proof that I am single and available to be married. Do I need some sort of proof from the annulment or is it truly an erased marriage?
Yes you should and you should also disclose the fact that you were previously married on any relevant immigration forms.See question
How to find an affordable immigration attorney in South Denver, Colorado?
I have my main office in north Denver but I offer clients an option to meet with me at a new branch office in northeast Denver near Aurora (in Stapleton). I charge $150 for a consultation and have very competitive rates.See question
My girlfriend and I want to get married. But we are not sure exactly the best way to go about it. We are wondering if we get married in her country if it will be legal here or do we need to sign a marriage contract in both places? Also, is it lega...
You can get married in either place - you do not need to do both. The question is if you do get married abroad - how long are you prepared to be apart. The process for permanent residence and obtaining an immigrant visa can take 8 months or longer. You may also want to talk to an immigration attorney prior to her departure to ensure she we will have no issues of admission and the risk of applying for a B-2 visitor visa once you are both married. Your options are essentially if you get married in the USshe may be eligible to adjust her status in the US or if you get married abroad and bring her to the US on an immigrant visa.See question
I know the main sponsor needs an income...but what about if he only have the co-sponsors? He needs an income but if he does not have one, then he can't sponsor the immigrant? Is a young couple... 19 and 18...so they're going to study.
If the petitoning sponsor (e.g., the USC spouse) does not make a sufficient income or doesn't have sufficient assets, then the problem can be resolved by having a co-sponsor or joint sponsor 'step in the shoes" of the petitioning sponsor. A joint sponsor must be 18 and a legal permanent resident or a US citizen and must be domiciled (residing in the US). The joint sponsor's income is based on his/her "household size." This includes generally spouse, children under 18 and any other dependents on last tax return. You can find the threshold income he/she is supposed to make for that size household on Form I-864P (www.uscis.gov - go to forms section).
The petitioning sponsor must still execute an I-864 and show most recent tax return/W2/1099, even though do not make enough income. If did not file a tax return, must explain in a letter why not required to file a tax return.
Please note that the immigrant spouse, if making legal income, can file an I-864A and his/her money can be counted in the petitioning sponsor's "pot" to make the income requirement. If obtained income illegally, then cannot count.See question
Will you explain what you know about unaccompanied children who are held in the Tacoma detention and deporting center? Will you help me to clarify and resolve 4 questions/dilemmas that I have about this? A. How can the citizens of Tacoma help? ...
While I am not familiar with the Tacoma Detention Center, detained and non-detained unaccompanied minors may be eligible to self-petition for permanent residence through the Special Immigrant Juvenile (SIJ) visa. You may want to call your local immigration pro-bono services in the area as there may be some pro bono services for detained juveniles eligible for SIJ. Unaccompanied minors are a huge issue and their care in detention can vary depending on what part of the country the child is detained. You can always contact your local and federal representatives if you are concerned about how these children are being cared for in custody. You may also want to contact an immigration attorney in your vicinity who is a member of the American Immigration Lawyers Association (AILA) and ask them for further advice on how to get involved in helping these individuals at a local level.See question
My Aunt was sponsored to come here with her family, two of her kids could not come b/c of their age. Now they are married with kids and my Aunt is a citizen and she refile for them. She lives here with my sick uncle, on limted finances. Can the pr...
She may not need to refile for her children if she became a US citizen before they married - it is unclear which category she originally filed for her children if at all. Ideally you would want to salvage the original I-130s because the backlog is so long to obtain a visa for many countries in the family-based categories. Refiling today means waiting several more years. Unfortunately, family illness does not hasten the process. It is possible her children may come over on a different type of visa but you need to provide an attorney more details on their skills/education and nationality.See question
I am a British citizen currently living in the US on an H4 visa (with my family). This visa expires June 2010. I am getting married in Georgia to a US citizen in March 2010, and will be leaving the States in April to live with him in Germany (He...
There are two parts to the K-3 - the petition and the visa process. Once you are married to a US citizen and file an I-130 Petition, you can then file for the K-3 petition in the US. The K-3 petition is filed in the US always. The K-3 VISA is then processed in the foreign person's home country (and if couple married abroad, must be process in the country where the marriage took place (which may be different than the foreign national's home country). So, if married in Germany, the K-3 visa would be processed there.See question
I am a filipino eligible to apply for my citizenship this year, 2 of my female friends were recently approved and got certification, now the problem is, the immigration officer insisted that they should retain their middle name when they were sing...
In order to apply for citizenship with the correct name, the name you use must be your legal name, meaning you cannot just use a name you prefer or want to be called. If you are married, there is no need to get a court order to change your name - the marriage certificate is sufficient to change your legal name. However, marriage does not connote a change in your middle name. I have seen immigration officers okay with name changes like this and others who demand a court order showing a name change occurred. A social security card and drivers license are not legal documents. To be safe, the best thing is to obtain a court order from the county court in your local jurisdiction indicating that you have changed your name. You can likely obtain this information online or call the county clerk's office for more information.See question
I have been a Green Card holder since 1975. I would like to apply for US citizenship but I was outside the US from 1992 through 1997, and entered into US only 4 times or so during these 5 yrs. Clearly, I was away from the US for more than 6 month...
There are two issues - one is a requirement for citicenship called "continuous residence." If you have been outside of the US for more than 365 days, then your continuous residence is broken and you must start counting 4 years and one day before you accrue enough residence again to file for citizenship. So, that should not be a problem since it has been more than 4 years since your last extensive trips. The second and more important issue is whether you abandoned legal residence, which can happen if USCIS does not think you made the US your primary residence. There are a number of factors which can indicate abandonment, such as amount of time spent outside of the US. You should have your history as legal permanent resident and the time you spent outside of the US thoroughly evaluated before you begin the naturalization process to determine if abandonment occurred.See question
I need to know who do I ask? What would I need to show? I need every bit of information about this situation! To what I don't have a clue, of how to go about any of this. He was told that he only has to stay out for 5 years, from an immigration of...
If your husband was deported, generally the rule is he cannot come back in for 5 years, counting from when he exited. There are exceptions such as if he was removed as an aggravated felon which would be longer. He may be eligible to come
The bigger concern is that if he was in the US illegally for 1 year or more, he triggered the 10 year bar upon his exit. There is a waiver available but I would suggest talking to an immigration attorney about this.See question