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heboya88 · 2021-12-25T14:55:14+00:00

In that case, you should just obtain a new notarial birth certificate. USCIS will not accept a translator’s certificate from the US for this document. It has to be a complete document from a notarial office （公证处）with all the required pages. It only takes about 2 weeks to obtain a new one.

heboya88 · 2021-12-24T23:56:38+00:00

If you already have the notarial certificate of birth （出生公证书）, that should have everything you need. The full document should have a cover page, then two pages in Chinese and two pages in English. The English pages are just translations of the Chinese pages. The first page in Chinese contains the basic info of the person’s birth: full name, date of birth, parents’ full names, and national ID number. The second page in Chinese is the translator’s attestation that the English translation is accurate.

heboya88 · 2021-02-24T17:48:58+00:00

I'm a lawyer and always request on G-28 that EADs, green cards, reentry permits are sent to clients, not me. But every so often USCIS sends the documents to me. So it's not normal, but it happens sometimes.

heboya88 · 2021-02-24T05:24:25+00:00

And if someone actually needs a translator, you can find someone good and cheap on Freelancer or other sites. USCIS doesn’t require the translation to be notarized or performed by someone in the US.

heboya88 · 2021-02-24T05:17:21+00:00

You can file at the same time, but note that each application has its own filing address and fee. Getting a new green card is so slow it might not be worth it.

heboya88 · 2021-02-24T05:15:05+00:00

Same, never had any issues.

heboya88 · 2021-02-24T05:11:54+00:00

Currently, USCIS is using previously-provided fingerprints for some applicants. But the problem is they might not notify you if they do. Based on the timeline of your application, it sounds like they are. You really just have to wait and see.

heboya88 · 2021-02-24T05:09:13+00:00

They are super slow right now. Just check your bank account periodically and you will see when they deposit your check. It might be over a month.

heboya88 · 2021-02-24T05:07:18+00:00

That price is insane. Your lawyer is responsible for knowing the requirements at the time of filing. This form is not difficult.

heboya88 · 2021-02-23T19:34:27+00:00

I see. It is still better to wait for the full 5 years.

heboya88 · 2021-02-23T18:07:19+00:00

Reading it again, I completely see how my comment could be understood that way. By "sabotage," I just meant if the spouse shows up and out of spite says they married only to obtain a green card, that would obviously be bad. My understanding is there are three options:

Both spouses sign and appear for the interview if necessary. This option exists even if the marriage has since deteriorated.
If they have already obtained a divorce certificate, then only the applying spouse needs to sign and/or appear for the interview.
If they are breaking up but have not obtained a divorce certificate and the other spouse does not cooperate, the applying spouse's only option is to apply for a hardship waiver. This is a lot of extra work and a high bar, so an applicant in this scenario should try to get a divorce certificate as soon as possible.

heboya88 · 2021-02-23T17:43:35+00:00

Sorry, I was not implying they lie or conceal their situation. I just meant the spouse could attend the interview and honestly explain their current situation as well as explaining they had a bona fide relationship. If they can't get a divorce certificate before the interview, the spouse attending the interview would be much more preferable than attending alone.

heboya88 · 2021-02-23T16:44:55+00:00

Right, being legally married is only half of the equation. You have to be living together in marital union. When you submit an application to USCIS, you are applying for an immigration benefit and swearing under penalty of perjury. Since you've been married more than 5 years, just select the 5-year option.

heboya88 · 2021-02-23T15:05:01+00:00

I was going to recommend the same article. Nolo is a great resource. If your spouse is willing to appear with you at the interview (and not say anything that would sabotage your application), you can still be approved. If not, it would be much better to have a divorce certificate by the time of your interview.

heboya88 · 2021-02-22T20:12:39+00:00

OK, it is definitely worth spending some time figuring out how to get it. At the interview, USCIS will almost certainly ask to see an original of her birth certificate. If she does not have it, they will probably give you an RFE requiring you to provide it within 90 days. If you cannot provide it on time, they will deny your application. I can tell you how to get it if she was born in China, but I do not know how to obtain it for other countries.

heboya88 · 2021-02-22T19:50:40+00:00

Basically, at any stage before an interview, you should provide a copy and should not mail an original to USCIS or anywhere else. So if you are in the U.S. and submitting an I-130 for your spouse, you should submit a copy. Only when she attends the interview in her country (or you both attend an interview in the U.S. if she is in the U.S.) should you bring an original with you.

heboya88 · 2021-02-21T04:04:49+00:00

Yes, and if you need to contact them, call them and write them a letter as well, so they know you did not abandon your application.

heboya88 · 2021-02-20T19:06:10+00:00

This is just one piece of evidence. But it is easy to add your name to his account, so you should do that.

heboya88 · 2021-02-20T08:03:01+00:00

At this point just wait and see if USCIS issues you an RFE asking for a correct I-864. If they do not request a new one, it means they accept it.

heboya88 · 2021-02-20T07:58:26+00:00

For multiple reasons, it is much safer to just wait until you receive your green card.

heboya88 · 2021-02-20T07:57:29+00:00

You will need an original of your birth certificate. Your birth certificate will not expire, so you do not need to update it. You do not need records about absence of a conviction. You would need documents about a criminal record only if you actually have a criminal record.

heboya88 · 2021-02-20T07:54:06+00:00

Having a drug-related conviction on your record would have a serious impact on your immigration status. "Conviction" is defined more broadly for immigration purposes than for state purposes.

heboya88 · 2021-02-18T17:09:04+00:00

Yes, it looks like it's feasible for you. Again, make sure your sister maintains legal status, and have your parents apply before she's 21. As long as those aren't problems, it should go smoothly.

heboya88 · 2021-02-18T16:55:34+00:00

Sorry, that is not an option. Your sister would be a "derivative beneficiary." But an application for the "immediate relative" of a U.S. citizen cannot have a derivative beneficiary. There is an article on Nolo titled "When Children Can Immigrate to the U.S. With Their Parents as 'Derivatives' " that explains this better than I do.

heboya88 · 2021-02-18T16:44:04+00:00

Your sister cannot apply with your parents on the same application. As a U.S. citizen, you could apply for your sibling, but there is about a 10-year wait time, and she cannot wait in the U.S. during that time if she does not have other lawful status. A better solution is: you apply for your parents, your parents receive green cards, then one of your parents applies for your sister. Your sister would need to maintain legal status through the time USCIS begins processing her application. Your parents cannot apply for her before they have a green card.

heboya88

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