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Danielle Nelisse

Danielle Nelisse’s Answers

64 total

  • I-864, if I qualify by $5K above 125% and provide Tax Return, do I need to provide anything else as supporting docs?

    Mainly, is $5K above the 125% poverty guidelines enough to show capability of supporting my wife I-485 application? On that basis, is the last year Tax Return enough as supporting docs?

    Danielle’s Answer

    Here is the average I-864 package for someone who works for a company (not self-employed):

    I-861 Affidavit of Support
    Last Year's Tax Return
    Last Year's W-2
    Letter of Employment from Employer
    Two Months of Paystubs
    Proof of Status (proof that you are either USA citizen or Green Card holder)

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  • Expiring passport and expiring f-1 visa status, getting married to citizen, what do I do?

    I'm a F-1 visa student who has a passport that expires at the end of this year. (today is Aug 26th) I may not be able to continue this semester due to financial reason. My school starts in a few weeks, so my f-1 status is expiring. However, my ...

    Danielle’s Answer

    If your funds are tight, it is good to know that you are not required to renew your passport in order to apply for, or be granted, an american green card through marriage. I have had many clients get their green cards through marriage even though their passport was expired and they didn't have the money to renew it.

    However, as the other immigration attorneys have mentioned, if at all possible, it is a good idea to get your passport renewed through your country's embassy in the USA.

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  • Divorce on a Conditional Green Card?

    It is now 2013. Several years ago, someone asked if his/her conditional green card would be revoked if he/she got a divorce before the 2 year period was up before he/she could apply to take the conditions off of the green card received after marri...

    Danielle’s Answer

    There are many published immigration regulations, some in official “Memorandum” form, that discuss the I-751 Petitions. The immigration I-751 laws are not contained in one law book. The most recent I-751 memorandums were published in 2009 (you can google the titles) and are entitled:

    I-751 Filed Prior to Termination of Marriage, Donald Neufeld, April 3, 2009;


    Adjudication of Form I-751, Petition to Remove Conditions on Residence Where the CPR Has a Final Order of Removal, Is in Removal Proceedings, or Has Filed an Unexcused Untimely Petition or Multiple Petitions, Donald Neufeld, October 9, 2009

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  • Wife has Student visa and overstayed for couple of months. Got married now and applying for I-130 & I-485. Is there a penalty?

    I read that if you are within the 6 months overstay, should still be OK. Is there a penalty to pay for overstaying when applying for the I-130 & I-485 ??

    Danielle’s Answer

    Immigration laws in the U.S. state that certain applicants for adjustment of status who are “immediate relatives” like spouses of U.S. citizens are excused from two “inadmissable” bars (unlawful status and unauthorized employment) so long as the applicant can prove he/she was inspected at the U.S. border (or airport) upon entry to the USA with a valid passport and visa (if required).

    Acceptable proof of inspection includes a copy of the passport, a copy of the visa used to enter the U.S. and a copy of the I-94 Card. Immigration & Nationality Act §245(a) and §245(c).

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  • Can my husband still apply for a visa even though i have an i-130 petition filed?

    Im a US Citizen and I filed an i-130 for my husband, it is still being processed through the NBC. Our honeymoon is coming up but since Egypt is not great at this moment for me to travel, would he be able to apply for a Visa in Canada or UK even th...

    Danielle’s Answer

    Stand-Alone Immediate Relative I-130 petitions are now transferred from the Service Centers to the National Benefits Center (NBC), and then routed to your local USCIS Field Office after about 6 months. This procedure could change at any time.

    With regard to travel, if your husband plans to obtain a visa from a foreign country and travel to a country other than the United States, the pending I-130 petition should have no impact.

    However, if your husband plans to try to obtain an american B2 "nonimmigrant" visa and travel to the USA, the B2 visa will probably be denied, and if it isn't, he may be denied entry at the american airport because an I-130 "immigrant" visa is pending and a B2 visa holder is not allowed to have both at the same time. The worst that could happen at the airport is that the B2 visa might be cancelled "with prejudice" and he could be "removed" (which means deported) and told not to re-enter the USA for 5 years. This law could also change at any time.

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  • Do I need to file I-864 with I-130 to get green card tru my GC holder spouse. I am legally present and work in us

    DO I need to file I-864 or not ? since I am here in USA

    Danielle’s Answer

    If you are only filing the I-130 at this time, you do not attach the I-864 Affidavit of Support.

    If you are filing the I-130 together with the I-485, you do attach the I-864 Affidavit of Support.

    Kind regards, Danielle Nelisse

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  • Hi I have my H1B approval for this year and will be on H1B after october. I am planning to leave USA, after a few months.

    If I want to come back to USA later on, can I use my H1B approval to obtain a cap - exempt H1-B later on.

    Danielle’s Answer

    If your first H1b visa was from a "cap subject" employer you may ask for a second H1b within the next 6 years.

    If your first H1b visa was from a "cap exempt" employer whether you can ask for a second h1b visa after leaving the USA depends on whether the second H1b employer is subject to the H1b visa cap or not, and also whether the USCIS has run out of H1b visas or not.

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  • Which one is it, the G-325 or the G-325A when applying for the I-130 + I-485 spouse green card application?

    And does the US Citizen also need to fill his own G-325 or G-325A form?

    Danielle’s Answer

    • Selected as best answer

    You are required to submit the G-325A form with the I-130 and I-485 spouse applications.

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  • I just won a green card and need to find out how I can get my girlfriend into America with me.

    She has 3 passports currently. South African, Britsh and Australian. I am hoping that there are better options with the Britsh and Australian ones. I know there is a Australian specialality visa which is an option. Please help. We dont want to get...

    Danielle’s Answer

    It sounds like she might be eligible for the following:

    1. F-1 Student Visa (apply directly through American school)
    2. J-1 Visa (yes, they are still available and the American government has a new link here:
    3. E-3 Visa for Australians to work in America
    4. H-1B Visa to work in America

    If you don't want to hire an American Immigration Attorney for a one hour legal consultation to explain these options to you, you can research each one of them on the internet for further information.

    Kind regards, Danielle Nelisse

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  • Can a L2 dependent visa holder apply for EAD without having the SSN?

    My wife (L2 dependent visa holder of L1 B visa) has applied for her SSN yesterday and it will take around 1 month for her to get it. Can she apply for the EAD immediately or does she need the SSN to come, before she applies for the EAD?

    Danielle’s Answer

    No, your wife does not need to wait to receive her social security number before applying for the EAD.

    Kind regards, Danielle Nelisse
    Immigration Attorney

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