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pushbrk

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pushbrk last won the day on January 16

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  • Gender
    Male
  • City
    Dumaguete

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  • Immigration Status
    Other
  • Place benefits filed at
    California Service Center
  • Local Office
    Spokane WA
  • Country
    China
  • Our Story
    The marriage associated with immigration ended after 12 years.

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  1. pushbrk
    Not bona fide means they don't believe it is a genuine relationship. What evidence did you send to support that? How much time have you spent together in person, and what evidence for that? Forget about the family tree. That's not the issue unless you are brother and sister.
  2.    TBoneTX reacted to a post in a topic: Questions about family tree and DNA testing
  3.    SandyLinhHoang123 reacted to a post in a topic: Family tree for USCIS – guidance needed
  4. pushbrk
    This is a visa application case. The visa was officially applied for on the date of the interview. It's been six days. My advice is to the OP is be patient.
  5.    pushbrk reacted to a post in a topic: Question regarding affidavit of support - I believe I have plenty in assets, despite no income, but want to confirm best course of action
  6.    mam521 reacted to a post in a topic: Question regarding affidavit of support - I believe I have plenty in assets, despite no income, but want to confirm best course of action
  7.    Dashinka reacted to a post in a topic: Living in new 75 banned country but national of Australia
  8. pushbrk
    Nobody has yet applied for anything. The process starts with the US Citizen filing a petition on behalf of their foreign fiancée. After the petition is approved (about a year from now) the foreign fiancée will apply for a visa, where they are living at that time. I don't expect an issue with an Australian Citizen, no matter where they currently live, perhaps unless born in a banned country also. Please clarify.
  9. pushbrk
    Speculation is not helpful. A "family tree" is not required. A petitioner is required to state whether they are related to the beneficiary and the nature of the relationship. Information about the parents of both are required. Unless you are siblings, parent or child relation to your spouse, there is no "proof" required. Better to ask the OP (person asking the question) why they think this is an issue.
  10. pushbrk
    And neither have I. No, you do not have to prove the relationships. Please provide some context. What was the exact wording of what you are referring to as a "rejection"? A rejected case is rejected for lack of required information. "Family Tree" beyond parent information is not required.
  11.    pushbrk reacted to a post in a topic: Family tree for USCIS – guidance needed
  12.    TBoneTX reacted to a post in a topic: Question regarding affidavit of support - I believe I have plenty in assets, despite no income, but want to confirm best course of action
  13.    Crazy Cat reacted to a post in a topic: Question regarding affidavit of support - I believe I have plenty in assets, despite no income, but want to confirm best course of action
  14. pushbrk
    The issue with the home equity is that it is not considered liquid. The easy solution is for you to go back to work before the visa interview and remain working through the adjustment of status when the next affidavit of support will be needed.
  15.    Crazy Cat reacted to a post in a topic: I-130 Approval Notice
  16. pushbrk
    DS 260 not 160. Actually no "background check" is required. It's not called that for Spain or most other countries, but nothing from the US for either petitioner or beneficiary. A more complete records check is in the file. USCIS has much more thorough access than anything available to the intending immigrant, or US Citizen, for that matter.
  17.    pushbrk reacted to a post in a topic: I-130 Approval Notice
  18. pushbrk
    Actually, most US Marriage certificates are really most worldwide, say nothing about what the couple's names will be going forward. The marriage certificate can be the document used to justify changing the person's name on their other ID though. It can also be used to track name changes when filing the petition. If Petitioner Mary Jones submits a birth certificate with the name Mary Smith, when filing for her second spouse, Mr. Williams, then her marriage certificate to Mr. Jones is how she would document that Mary Jones is the Mary Smith named on the birth certificate. Herve first marriage certificate will say Mary Smith married Mr. Jones even if it says nothing about whether she will use the Jones name going forward. However Divorce Decrees do often indicate a person may start using their maiden or previous name again.
  19.    Dashinka reacted to a post in a topic: US Citizen, change of name on marriage certificate but not passport or SSN
  20. pushbrk
    I'm not surprised to see it on a list. I would be surprised if it is looked at for a born in USA US Citizen, for reasons already stated. "That's all YOU know". Consider it's possible I know more. It's why I'm saying more about it.
  21. pushbrk
    The entry date of his most recent visit is only applicable if he is in the USA the day you submit the petition. Yes, you can file in the married name and complete the change of passport and other documents later.
  22.    TBoneTX reacted to a post in a topic: Birth Certificate Requested for Interview?
  23. pushbrk
    USCIS doesn't issue visas, so when the Consulate says no, State sends the case back to USCIS with a recommendation they revoke their approval. Then USCIS sends a Notice of Intent to Revoke to the petitioner, giving an opportunity to provide a response. Sometimes they still revoke, (usually) but sometimes they send it back to the Consulate for another interview. That's no guarantee of a visa either. No debate on any of that, however this is a specific question about a petitioner's birth certificate. I've never heard of a Consulate denial based on determining the petitioner was not a US Citizen. I'm saying US Citizenship is not the reason a Consular Officer might want to review a petitioner's birth certificate. There are other reasons, most commonly when its about something else, when the petitioner was NOT born in the USA. Example. Is the petitioner married to their brother or sister? LOL
  24.    TBoneTX reacted to a post in a topic: Birth Certificate Requested for Interview?
  25. pushbrk
    The list sent is a laundry list. The responsibility to determine the Petitioner is a US Citizen has already been adjudicated by USCIS, but if something raises a question, the Consular Officer may want to see it. Usually not though. Most often it is for a Naturalized Petitioner that the Birth Certificate is needed at Consulate level.
  26. pushbrk
    The petitioner's birth certificate is not typically required, but since it's on their list, send it by FedEx, or DHL, not by mail.
  27. pushbrk
    No, it can't be that simple or contrived. I'm talking about actual concrete action taken with your wife back in the USA, even if for a preliminary visit. There may well be more and better suggestions coming. I'm just clarifying what I mean by one of MY suggestions.
  28. pushbrk
    No, they won't reject the case. But they easily detect contrived evidence. It's quite possible that your temporary stay with family in the USA is not going to be enough evidence of your wife's intent to re-establish US domicile. More concrete actions like looking for long term housing, or if there are children looking into school registration are examples. Others will have more suggestions for you.
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