Catherine
06-23 09:40 AM
Thanks for your thoughts. Unfortunately the marriage was the basis of my green card and I was divorced before being married for two years and, therefore, before applying jointly with my (ex-)husband for the conditions on that card to be removed.
The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:
"Divorce Before Green Card Issued
Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.
However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.
If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.
But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
Applying for a Waiver
The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:
* Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
* Extreme hardship to the immigrant spouse if deported.
* Extreme cruelty and abuse from the U.S. citizen spouse.
Waivers often require an interview of the immigrant spouse to get approval."
The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:
"Divorce Before Green Card Issued
Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.
However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.
If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.
But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
Applying for a Waiver
The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:
* Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
* Extreme hardship to the immigrant spouse if deported.
* Extreme cruelty and abuse from the U.S. citizen spouse.
Waivers often require an interview of the immigrant spouse to get approval."
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senk1s
02-24 03:04 PM
I have e-filed along with spouse new SSN#..no issues...
When we sent cancel letter for ITIN,got a reply confirmation from IRS saying you can now use ssn# for tax filing purposes....
HTH,
webm: After how long (approx) did you receive the confirmation letter - we sent it out about 2 months ago
When we sent cancel letter for ITIN,got a reply confirmation from IRS saying you can now use ssn# for tax filing purposes....
HTH,
webm: After how long (approx) did you receive the confirmation letter - we sent it out about 2 months ago
dilipb
10-28 11:34 PM
All u require is
- take the EAD cards
- take some ID like drivers license or passport
- fill this form
Thats it....
http://www.ssa.gov/online/ss-5.pdf
- take the EAD cards
- take some ID like drivers license or passport
- fill this form
Thats it....
http://www.ssa.gov/online/ss-5.pdf
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Dhundhun
10-15 01:49 PM
Is the U.S. Losing Its Edge in Tech?
In one word answer seems to be "yes". Few indicators are:
- With CERN Large Hadron Collider, Europe took a quantum leap into physics
- With Airbus A380, Europe taking lead in passenger aircraft. It is technically superior as only two flying crew member perform role of flight engineer and navigator. We can not forget supersonic Concorde.
- In cloning several other countries are ahead
- US does not have technology/infrastructure to make chepeast car in the world.
- Due to business model, usually cellular devices/services are better in Europe and Asia
- US is not economically better for putting Satelle in space, the economy is also one of the indicator of technology.
- In car, Europeans are better
However US $ muscle and can do things such as:
- To keep superiority in air over SU MKI-30 (around $45 million), F-22 (around $200 million) can be mass manufactured
- Deep space exploration, sending probes
- Space shuttles for space research
- NTSC was inferior to PAL and SECAM, can take a leap into HDTV
In one word answer seems to be "yes". Few indicators are:
- With CERN Large Hadron Collider, Europe took a quantum leap into physics
- With Airbus A380, Europe taking lead in passenger aircraft. It is technically superior as only two flying crew member perform role of flight engineer and navigator. We can not forget supersonic Concorde.
- In cloning several other countries are ahead
- US does not have technology/infrastructure to make chepeast car in the world.
- Due to business model, usually cellular devices/services are better in Europe and Asia
- US is not economically better for putting Satelle in space, the economy is also one of the indicator of technology.
- In car, Europeans are better
However US $ muscle and can do things such as:
- To keep superiority in air over SU MKI-30 (around $45 million), F-22 (around $200 million) can be mass manufactured
- Deep space exploration, sending probes
- Space shuttles for space research
- NTSC was inferior to PAL and SECAM, can take a leap into HDTV
more...
gc_chahiye
07-11 08:03 PM
What I dont understnad is that if they skipped security clearances on AOS applications to use up numbers..how does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,
They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..
Does that make sense.?
I think the statement from Greg Siskind is that 'if they dont want to answer these questions about security clearance etc, the simplest way out is to accept the July Applications and get everyone off their back (irrespective of whether visa numbers are there or not).
One issue though is, even if they want to kill this controversy by accepting July applications, they need some face-saving way to do this about-turn. They cant say they are scared of an inquiry or a lawsuit. Settling the AILF lawsuit is probably that way out. Gettings AILF of their back, and will also stop senators and representatives from asking them uncomfortable questions...
They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..
Does that make sense.?
I think the statement from Greg Siskind is that 'if they dont want to answer these questions about security clearance etc, the simplest way out is to accept the July Applications and get everyone off their back (irrespective of whether visa numbers are there or not).
One issue though is, even if they want to kill this controversy by accepting July applications, they need some face-saving way to do this about-turn. They cant say they are scared of an inquiry or a lawsuit. Settling the AILF lawsuit is probably that way out. Gettings AILF of their back, and will also stop senators and representatives from asking them uncomfortable questions...
diptam
06-08 01:11 AM
rimzhim , Totally agree with ya ...
http://www.foxnews.com/story/0,2933,279213,00.html
http://www.foxnews.com/story/0,2933,279213,00.html
more...
peer123
04-17 09:20 AM
Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...
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roseball
03-31 02:38 AM
Hello frnds,
Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.
Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.
Please let me know if any one was in this situation and got out of it successfully.
Thanks,
Hydubadi.:confused:
Sorry to know about your situation. Nothing you can do at this point other than waiting to get the final report and know what the issue was in Idaho. You can ask them to give you a copy of the report.
Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.
Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.
Please let me know if any one was in this situation and got out of it successfully.
Thanks,
Hydubadi.:confused:
Sorry to know about your situation. Nothing you can do at this point other than waiting to get the final report and know what the issue was in Idaho. You can ask them to give you a copy of the report.
more...
Winner
05-14 10:49 AM
Did my part for the month.
Subscription Number: S-42J63140****
Subscription Number: S-42J63140****
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tabletpc
08-27 04:23 PM
okuzmin,
Can u check u r private message...!!!
Can u check u r private message...!!!
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gopi246
03-20 11:12 AM
I entered US through Logan on Dec 12th, 2007 and got i94 till Nov 2010.
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
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Almond
01-27 12:54 AM
Ah, thank you for posting this, I have been checking that link desperately forever and it hadn't changed. Question to those who know better, if my Notice Date is May 15, and the "processing time frame" for I-485's is July 19, what does that mean for me? Am I stuck in some kind of check or something? Thanks in advance.
more...
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vandanaverdia
09-10 11:22 AM
^^^ bump ^^^
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anilsal
11-08 10:50 PM
I think there is a crack in the rules. What if the labor is approved and I140 is pending? No 7th year H and no 3 years. Is that right?
more...
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sweet_jungle
01-04 02:39 AM
This was in past not now.
In CA, my wife got a DL renewal notice which asked her to come to office and show legal presence documents. She is on EAD and H4 visa has expired long back.
So, she went to DMV office and took all the documents like EAD,485 receipt, etc.
However, at the counter, all she asked was the current DL. no immigration documents asked. things went smoothly. I guess she was just lucky.
In CA, my wife got a DL renewal notice which asked her to come to office and show legal presence documents. She is on EAD and H4 visa has expired long back.
So, she went to DMV office and took all the documents like EAD,485 receipt, etc.
However, at the counter, all she asked was the current DL. no immigration documents asked. things went smoothly. I guess she was just lucky.
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chanduv23
12-09 10:18 PM
^^^^
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gc_peshwa
05-13 05:11 PM
I am new here.Thanks I updated it .
This is interesting news indeed. If you are real, (which I think you did confirm :D ) that means another interesting piece of evidence that Eb2 cutoff dates are going to move further into 2007 very soon.
Trinity
Dont worry. I think you should consult with another lawyer to assess whether you will waste that money.
This is interesting news indeed. If you are real, (which I think you did confirm :D ) that means another interesting piece of evidence that Eb2 cutoff dates are going to move further into 2007 very soon.
Trinity
Dont worry. I think you should consult with another lawyer to assess whether you will waste that money.
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nosightofgc
08-16 07:53 PM
First make sure if that was an arrest record or some thing else. During the interview process, they will ask the standard questions on I-485 form, which are like have you ever been arrested etc. Even though your lawyer may not present, you check with your lawyer what to answer for those questions. Even though you may not be knowing exactly what it is, it is better to get it clarified rather than learning during the interview process.
Thank you all!. In my case only issue I can see is, when my wife travelled from India to US, at the port of entry customs check, they found some meat products. And they charged fine of $300 and we paid it. They also took copy of her passport and gave a letter (name is: Department of homeland security. U.S customs and border protection. Notice of alleged violation)
It was my wife's mistake actually, she did not declared meat products in customs form.
In the interview, if IO asks my wife about any violations or criminal records, does she has to give info on that port of entry incident? Will there be any negetive effects on this?
Thank you all!. In my case only issue I can see is, when my wife travelled from India to US, at the port of entry customs check, they found some meat products. And they charged fine of $300 and we paid it. They also took copy of her passport and gave a letter (name is: Department of homeland security. U.S customs and border protection. Notice of alleged violation)
It was my wife's mistake actually, she did not declared meat products in customs form.
In the interview, if IO asks my wife about any violations or criminal records, does she has to give info on that port of entry incident? Will there be any negetive effects on this?
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uma001
07-24 05:07 PM
If they receive too many responses during advertizing period, they may not process your gc. That is all to it. At that time u might chill out and wait for a year or so and reply. If your skills are in demand, I do not see a reason to wait. It is always better to take a dive as early as possible. Good luck.
Absolutely correct. This is the experience I had in my case. My company is fortune 550 company. They received lot of responses when they posted ads. I could not beleive the repsonse I got from VP. And they do not want to file green card now. He simply said 'he found candidates' :(
Absolutely correct. This is the experience I had in my case. My company is fortune 550 company. They received lot of responses when they posted ads. I could not beleive the repsonse I got from VP. And they do not want to file green card now. He simply said 'he found candidates' :(
Ann Ruben
02-24 02:59 PM
Raama,
There is both good news and bad news about the situation you describe. The good news is that shoplifting merchandise with a full retail value of less than $200 in NJ is classified as a "disorderly persons offense" for which the maximum sentence of imprisonment is 6 months. Under US immigration law, your friend's wife is not inadmissible because she qualifies for the "petty offense exception". The "petty offense exception" applies as long as there is ONLY ONE conviction for which the maximum sentence is less than one year, and the actual sentence was for a term of imprisonment of less than 6 months. Accordingly, the shoplifting conviction you describe does not provide a basis to deny the H-4 visa application.
Now for the bad news. Though your wife's friend may not have been taken into custody by the police, she was arrested, charged, and convicted of a crime as those terms are defined by US immigration law. In completing the required visa application forms, she must answer "yes" to the question which asks whether she has ever been arrested, cited, charged, etc. She should be prepared to provide a court certified final disposition to the consul as well as a legal opinion letter citing and attaching the relevant statutes. The consular officer will most likely request an additional FBI clearance, and will not issue the visa until the FBI has confirmed no additional criminal history. This process can take anywhere from a few days to many months.
Hope this helps,
Ann
There is both good news and bad news about the situation you describe. The good news is that shoplifting merchandise with a full retail value of less than $200 in NJ is classified as a "disorderly persons offense" for which the maximum sentence of imprisonment is 6 months. Under US immigration law, your friend's wife is not inadmissible because she qualifies for the "petty offense exception". The "petty offense exception" applies as long as there is ONLY ONE conviction for which the maximum sentence is less than one year, and the actual sentence was for a term of imprisonment of less than 6 months. Accordingly, the shoplifting conviction you describe does not provide a basis to deny the H-4 visa application.
Now for the bad news. Though your wife's friend may not have been taken into custody by the police, she was arrested, charged, and convicted of a crime as those terms are defined by US immigration law. In completing the required visa application forms, she must answer "yes" to the question which asks whether she has ever been arrested, cited, charged, etc. She should be prepared to provide a court certified final disposition to the consul as well as a legal opinion letter citing and attaching the relevant statutes. The consular officer will most likely request an additional FBI clearance, and will not issue the visa until the FBI has confirmed no additional criminal history. This process can take anywhere from a few days to many months.
Hope this helps,
Ann
sbmallik
12-27 03:18 PM
To the original poster:
Since the MTR was already filed you can still extend the H-1B. However, if the MTR gets denied then no further H-1B visa extension is possible.
BTW - even the H-1B extension can be applied based on 'Labor Certification applied more than a year ago' criteria an I-140 denial will override the above benefit.
Since the MTR was already filed you can still extend the H-1B. However, if the MTR gets denied then no further H-1B visa extension is possible.
BTW - even the H-1B extension can be applied based on 'Labor Certification applied more than a year ago' criteria an I-140 denial will override the above benefit.
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