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Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Oops, I meant "asylum," not "parole." They said I could not apply for asylum after a year. I will speak with her more in depth about this at our appointment, Monday.

This attorney I found doesn't have any experience in the CAA. She said she's been practicing one year and hasn't had one case. But she's willing to help me and she was able to tell me to go to the CBP and write a letter, a FOIA (Freedom Of Information Act) request, for my records. She said that since I was inspected when I entered they would have this and it's also WAY faster (20 days) than USCIS. It's also a free service.

She said it was simple enough that I can do it myself or she could do it for $500. I looked up the information and wrote the letter and am sending it away right now. I'm also sending a letter to withdraw my husband's I-485.

And I'm not insulted at all. I totally understand. And thanks for all the help!

Let me ask something you might know. When USCIS asks for evidence of physical presence in the US for the past year, what exactly would they want? I can't just send in all my bills, can I? I'm imagining they want something like school or employment records, medical records, etc. I can't find anything. I haven't worked or gone to school. I was thinking of doing a few letters from my pastor and a couple neighbors, marriage certificate, and a couple other things I have.

What your attorney told you about asylum only applies to affirmative applications after being paroled into the US. A defensive asylum application can be made at any time during the removal process, even as they're hauling you off to be put on the plane.

Proof of physical presence is credible evidence from an unbiased third party. Work, school, and tax records are the best type of evidence. Church records are acceptable evidence. Affidavits from friends and family are probably the least credible form of evidence.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: Other Timeline
Posted

I'll have to look more into asylum, thanks!

All I was able to get together tonight were a few medical bills with service dates, prescriptions that I fill monthly, my car tags, application for a car tilte that was signed by the seller/dealer. Very random stuff. I hope they take it because I have nothing else. I am a stay-at-home mom, so no work or school, don't go to church, and even medical records is difficult because I'm a naturalist, so I have few of those. I guess I can send in the tax returns, but I didn't think that would prove physical evidence because I'm included in my husband's taxes. I could have been anywhere.

Thanks for taking the time to answer all my questions. You've been more helpful than you know! Ugh, just having someone to talk to about this is awesome!

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I'll have to look more into asylum, thanks!

All I was able to get together tonight were a few medical bills with service dates, prescriptions that I fill monthly, my car tags, application for a car tilte that was signed by the seller/dealer. Very random stuff. I hope they take it because I have nothing else. I am a stay-at-home mom, so no work or school, don't go to church, and even medical records is difficult because I'm a naturalist, so I have few of those. I guess I can send in the tax returns, but I didn't think that would prove physical evidence because I'm included in my husband's taxes. I could have been anywhere.

Thanks for taking the time to answer all my questions. You've been more helpful than you know! Ugh, just having someone to talk to about this is awesome!

The tax returns are very good evidence, even if you're only included as a dependent on someone elses tax return. :thumbs:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
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