5

You are going to need a lawyer. The problems you have to overcome are many, including: A multi-year overstay A previous marriage and divorce, which will cast doubt on your current marriage An apparent violation of the terms of your current F1 visa On the positive side, you were granted an F1 visa, which means US immigration does not appear to view your ...


5

I will have to declare and potentially pay taxes to USA even when working in another country You can file I-407 at any time to formally relinquish your green card and no longer have tax treatment of a green card holder. So it is no "worse" than if you had never gotten a green card. (Though there is an issue with Expatriation Tax if you are a long-...


5

Nothing happens. Once she becomes a US permanent resident (i.e. green card holder), her status is not dependent on anyone else's status, nor on her relationship with anyone else. She can remain a permanent resident forever, renewing her card as many times as she wants, and she can apply for naturalization if and when she qualifies and is willing to. (This, ...


4

There is no law that "a green card holder can not stay outside of USA more than 6 months". There is a regulation in 8 CFR 211.1 on what documents are acceptable for a returning permanent resident. For the purposes of this, a green card is only an acceptable document for re-entry after an absence of less than 1 year. There are some other acceptable ...


4

Since you are immigrating as the spouse of a US citizen, you are in the Immediate Relative category, so all that is needed is that you entered the US legally (which you did). Whether you are in status right now doesn't matter. A bigger potential problem might be misrepresentation relating to your second F-1. You said that you didn't go to school for a single ...


3

Since you guys married before you got your green card, she is eligible to immigrate as your derivative beneficiary, either at the same time as, or any time after, you become a permanent resident (as long as you are still a permanent resident). You don't need to petition her with I-130 to immigrate as the spouse of a permanent resident. In the case where the ...


3

May an F-2 visa holder marry inside the US with a US citizen/green card holder without ending the previous marriage? No. If someone with F-2 visa status comes to the US, then wants to marry with a US citizen/green card holder, should he/she ends/gets divorce of his/her previous wife/husband even if their marriage happened outside of the US and they both ...


2

I-864 is not needed for either of you because you are immigrating in an employment-based category (derivative beneficiaries have the same category as the principal beneficiary), as long as the petitioning company is not 5% or more owned by your relative. Both of you would need to file I-944, the public charge questionnaire. Employment-based immigrants are ...


2

I don't have the full answer, but I'll point out to two relevant elements I'm aware of. Element 1: https://lawandborder.com/guide-to-reentry-permits/#14_If_CBP_Has_Warned_That_You_Are_at_Risk_of_Abandonment: The officer may notice that you have been abroad for a significant period of time and advise you that you a non-temporary trip abroad will lead to ...


2

There's two parts to this answer. In regards to "abandonment of status", the law states that the Adjustment of Status application (AOS/I-485) is automatically considered abandoned if you depart the US and don't have a valid work visa (L-1, H-1 or H-4, L-2 for their spouses), a valid spouse visa (K-3, K-4), has a "V nonimmigrant visa, or an ...


1

My family and I used to live in the US a few years ago, but moved back to Canada for family reasons. There is a fair chance that you would be found to have abandoned your residence in the US. In that case you'd need to reapply for permanent residence "from scratch." My kids and I hold US PR (green) cards, so I believe I'd be able to work in the ...


1

It's not so much "usage" of something that affects the status, but doing something that is not allowed on that status violates the status. Since working is not allowed on F2, working (even if working legally because you have an EAD) violates the F2 status. However, "using" the EAD or the SSN for purposes other than working like getting a ...


1

First of all, visa and status are different things. Visa is just for entry, and status is for your stay inside the US. You can have one without the other. Second, neither your visa nor your status will be affected by a pending or approved I-140 petition or a pending I-485 Adjustment of Status application. However, you may find it more difficult to actually ...


1

Proclamation 10014, which previously banned immigrants from entering the US, was revoked by Proclamation 10149 on February 24, 2021. If your immigrant visa is still valid, you can use it to enter the US any time before it expires. Previous answer: Assuming that the immigrant visa was issued after April 23, 2020, you are banned from entering the US with it by ...


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