Special case, please read carefully

[melsorady]

Melsorady,

I can't say if USCIS will allow a 3-month flexibility in meeting the 5-year requirement. For Naturalization and "Removal of Conditions" petitions, applicants can submit 3 months or less before meeting the eligibility anniversary requirements (3 or 5 years for Naturalization; 2 years for Removal of Conditions).

My advice is to follow the criteria for an I-130 literally: "...You may not file for a person in the following categories:...unless...A period of five years has elapsed since you became a lawful permanent resident..."

Keep in mind that that are other examples of how USCIS does not allow any deviation from a stated timeframe rule. For example, if one's fiancee petition is submitted one week before a divorce from a previous spouse has been finalized, the petition may be denied by USCIS, or a visa later denied by the Consulate a year later because the divorce now final was not final when the petitin was submitted.

-Ray B

Ray,

I see your point. Though it's strange the case you brought about fiancee visa on a previous non-finalized divorce. I am not sure how they really thought about it, I mean like new marriage on previous non-finalized divorce, because there is no official document to state : well, we are now engaged, sort of thing. Not like marriage certificate and divorce decree. But I guess filing the fiancee visa would be the actual event where there is controversy with previous divorce. Interesting case though...!

[rayb]

The trigger for eligibility of a fiancee visa petition is whether proof is provided that the prior divorce was finalized before the fiancee petition was submitted (judgment or decree).

--Ray B

Ray,

I see your point. Though it's strange the case you brought about fiancee visa on a previous non-finalized divorce. I am not sure how they really thought about it, I mean like new marriage on previous non-finalized divorce, because there is no official document to state : well, we are now engaged, sort of thing. Not like marriage certificate and divorce decree. But I guess filing the fiancee visa would be the actual event where there is controversy with previous divorce. Interesting case though...!

[melsorady]

The trigger for eligibility of a fiancee visa petition is whether proof is provided that the prior divorce was finalized before the fiancee petition was submitted (judgment or decree).

--Ray B

Thanks Ray... Quick q about M1 visa; does a student need to pay SEVIS fees to schedule interview, or DS-160 is what is needed to schedule, then s/he can pay SEVIS anytime as long s/he brings proof of payment to interview?

[rayb]

Melsorady,

I can't answer regarding SEVIS fees. I only work with F1 visas after the holder is in the U.S. and converts to Permanent Resident status.

--Ray B

Thanks Ray... Quick q about M1 visa; does a student need to pay SEVIS fees to schedule interview, or DS-160 is what is needed to schedule, then s/he can pay SEVIS anytime as long s/he brings proof of payment to interview?

[melsorady]

Melsorady,

I can't answer regarding SEVIS fees. I only work with F1 visas after the holder is in the U.S. and converts to Permanent Resident status.

--Ray B

Thanks Ray, I was thinking about the fact that when I do become a citizen, can I apply for my wife in morocco for fiancee visa? I mean then she comes in here and apply for GC. Or it is not possible since we already married in Morocco? Though I do feel confident with the citation about marriage/divorce law in IL, I am trying to avoid the need to face it with USCIS whether here or there in Morocco.

[melsorady]

Melsorady,

I can't answer regarding SEVIS fees. I only work with F1 visas after the holder is in the U.S. and converts to Permanent Resident status.

--Ray B

Ray,
Quick question please: does the affidavit of support I send to show I am sponsoring my wife for tuition fees needs to be notarized? If so, can I send it to her by email, or it has to be original copy?

[rayb]

Affidavits of Support do not need to be notarized. That requirement was dropped about 12 years ago. Your original signature has a legal status as if you were answering in person to a Federal officer. Your wife needs an original signature version of your form.

--ray B

Ray,
Quick question please: does the affidavit of support I send to show I am sponsoring my wife for tuition fees needs to be notarized? If so, can I send it to her by email, or it has to be original copy?

[melsorady]

Affidavits of Support do not need to be notarized. That requirement was dropped about 12 years ago. Your original signature has a legal status as if you were answering in person to a Federal officer. Your wife needs an original signature version of your form.

--ray B

You mean it has to be the original affidavit, not an emailed or faxed one, right?

Another question; like you followed my case from the beginning; in case we weren't lucky in getting student visa, I will petition for i130 here. In that case, do I need to hire an attorney who is specialized in immigration + IL family law as well (to address the divorce/marriage overlapping dates issue appropriately) of just an immigration attorney would be enough? I know he has to write about the case in a legal memo, but is there specific form, or a name of that legal memorandum that he has to prepare?

Thank you again!

[Enriche]

strange

strange

[melsorady]

Affidavits of Support do not need to be notarized. That requirement was dropped about 12 years ago. Your original signature has a legal status as if you were answering in person to a Federal officer. Your wife needs an original signature version of your form.

--ray B

Ray,
I have asked if you could please explain if what you mean that affidavit has to be original, I.e. Actual affidavit has to be presented to embassy not emailed copy or scanned copy? Is that what you mean?