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Prior Visitor Visa Denial and its effect on the CR-1 Process

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r060106 Proficient

r060106   109

Posted
Filed: Lift. Cond. (pnd) Country: Poland
 Timeline
Posted

Hi all,

Just a quick question: my wife was denied a visitor's visa back in September because she couldn't demonstrate strong ties to Poland. Could this possibly affect the CR-1 process and her chances of obtaining a spousal visa? Thank you very much for any help! All input is welcome.

Married in Edinburgh, Scotland: 07-06-2013

I-130 Package Sent to Chicago Lockbox: 09-04-2013

NOA1 from the National Benefits Center: 09-05-2013

I-130 Package Transferred to California Service Center: 02-25-2014

NOA2: 03-05-2014

NVC Received: 03-17-2014

Case # and IIN Assigned: 04-18-2014

DS-261 Generated and Completed: 04-26-2014

AOS Fee Invoiced and Paid: 04-29-2014

IV Fee Invoiced and Paid: 05-01-2014

AOS Fee Shows as Paid: 05-01-2014

IV Fee Shows as Paid: 05-05-2014

AOS and IV Packages Sent via UPS: 05-08-2014

AOS and IV Packages Received: 05-12-2014

AOS and IV Packages Input Into System: 05-14-2014

DS-260 Completed: 05-16-2014

Case Complete: 06-11-2014

Medical Exam: 07-08-2014

Interview in Warsaw, Poland: 08-28-2014 @ 8:30AM - APPROVED!

Visa Package Received: 09-01-2014

POE at Chicago O'Hare International Airport: 09-23-2014

I-751 Package Received: 07-11-2016

NOA1: 07-16-2016

I-751 Biometrics Apointment: 08-01-2016

ROC Approval (during citizenship interview): 12-20-2017

10-Year Green Card Received: N/A due to approved N-400

N-400 Filed Online: 08-28-2017

N-400 NOA1 Date: 08-29-2017

N-400 Biometrics Appointment: 09-22-2017

Status Changed to Interview Scheduled: 09-22-2017

Status Change to Interview Scheduled, read the letter we mailed: 11-15-2017

N-400 Interview: 12-20-2017 - APPROVED!

Oath of Allegiance Scheduled: 12-29-2017

Oath of Allegiance: 01-18-2018 

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Nope, irrelevant.

She was denied for immigrant intent. She's applying for an immigrant visa so immigrant intent isn't a problem.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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Ning Experienced

Ning   619

Posted
Filed: K-3 Visa Country: Thailand
 Timeline
Posted

Hi all,

Just a quick question: my wife was denied a visitor's visa back in September because she couldn't demonstrate strong ties to Poland. Could this possibly affect the CR-1 process and her chances of obtaining a spousal visa? Thank you very much for any help! All input is welcome.

No affect at all. This happens a lot including to me 3 times after which I had no problem due to the denials.

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Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

If she answered everything truthfully on her B2 forms and the answers will be consistent with all answers for the CR1 then there will be no problem.

They do data cross checks and some people get marked for misrepresentation when lying on former B2 forms from years ago.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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r060106 Proficient

r060106   109

Posted
Filed: Lift. Cond. (pnd) Country: Poland
 Timeline
  • Author
Posted

Nope, irrelevant.

She was denied for immigrant intent. She's applying for an immigrant visa so immigrant intent isn't a problem.

No affect at all. This happens a lot including to me 3 times after which I had no problem due to the denials.

If she answered everything truthfully on her B2 forms and the answers will be consistent with all answers for the CR1 then there will be no problem.

They do data cross checks and some people get marked for misrepresentation when lying on former B2 forms from years ago.

Thank you very much everyone!

I have one more question: on the biographical information form that we'll need to submit it asks about my wife's current occupation. She is currently unemployed but is a Registered MIdwife in both Poland and the United Kingdom. And on our marriage certificate from Scotland it asks to list our occupation and we put her down as a Registered Midwife, because that's what her occupation is and it is what she is considered in Europe, even though she's not currently employed by a hospital. So, will USCIS have a problem with the fact it will show she's unemployed on her biographical information form and a Registered Midwife on our Marriage Certificate? I'm a little worried about this and didn't forsee it being a problem when we filled out our marriage documentation, because in Europe she's a Registered Midwife and that's her occupation. I even asked my mom, who is a Registered Nurse, about this and she said it's correct to state my wife's occupation as a Registered Midwife because you don't have to be employed to a be Registered Nurse or Midwife. Does anyone have any input on this? :(

Married in Edinburgh, Scotland: 07-06-2013

I-130 Package Sent to Chicago Lockbox: 09-04-2013

NOA1 from the National Benefits Center: 09-05-2013

I-130 Package Transferred to California Service Center: 02-25-2014

NOA2: 03-05-2014

NVC Received: 03-17-2014

Case # and IIN Assigned: 04-18-2014

DS-261 Generated and Completed: 04-26-2014

AOS Fee Invoiced and Paid: 04-29-2014

IV Fee Invoiced and Paid: 05-01-2014

AOS Fee Shows as Paid: 05-01-2014

IV Fee Shows as Paid: 05-05-2014

AOS and IV Packages Sent via UPS: 05-08-2014

AOS and IV Packages Received: 05-12-2014

AOS and IV Packages Input Into System: 05-14-2014

DS-260 Completed: 05-16-2014

Case Complete: 06-11-2014

Medical Exam: 07-08-2014

Interview in Warsaw, Poland: 08-28-2014 @ 8:30AM - APPROVED!

Visa Package Received: 09-01-2014

POE at Chicago O'Hare International Airport: 09-23-2014

I-751 Package Received: 07-11-2016

NOA1: 07-16-2016

I-751 Biometrics Apointment: 08-01-2016

ROC Approval (during citizenship interview): 12-20-2017

10-Year Green Card Received: N/A due to approved N-400

N-400 Filed Online: 08-28-2017

N-400 NOA1 Date: 08-29-2017

N-400 Biometrics Appointment: 09-22-2017

Status Changed to Interview Scheduled: 09-22-2017

Status Change to Interview Scheduled, read the letter we mailed: 11-15-2017

N-400 Interview: 12-20-2017 - APPROVED!

Oath of Allegiance Scheduled: 12-29-2017

Oath of Allegiance: 01-18-2018 

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Ning Experienced

Ning   619

Posted
Filed: K-3 Visa Country: Thailand
 Timeline
Posted

Thank you very much everyone!

I have one more question: on the biographical information form that we'll need to submit it asks about my wife's current occupation. She is currently unemployed but is a Registered MIdwife in both Poland and the United Kingdom. And on our marriage certificate from Scotland it asks to list our occupation and we put her down as a Registered Midwife, because that's what her occupation is and it is what she is considered in Europe, even though she's not currently employed by a hospital. So, will USCIS have a problem with the fact it will show she's unemployed on her biographical information form and a Registered Midwife on our Marriage Certificate? I'm a little worried about this and didn't forsee it being a problem when we filled out our marriage documentation, because in Europe she's a Registered Midwife and that's her occupation. I even asked my mom, who is a Registered Nurse, about this and she said it's correct to state my wife's occupation as a Registered Midwife because you don't have to be employed to a be Registered Nurse or Midwife. Does anyone have any input on this? sad.png

I doubt this is a problem. These questions are really to find out how the person supported themselves or if they may have been involved in some dubious occupation.

She will presumably be unemployed as soon as she is granted a visa anyway. He background should help them see she will have an excellent chance with employment in the USA in the future as well.

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r060106 Proficient

r060106   109

Posted
Filed: Lift. Cond. (pnd) Country: Poland
 Timeline
  • Author
Posted

I doubt this is a problem. These questions are really to find out how the person supported themselves or if they may have been involved in some dubious occupation.

She will presumably be unemployed as soon as she is granted a visa anyway. He background should help them see she will have an excellent chance with employment in the USA in the future as well.

Hmm, ok. Thanks a lot. I guess I'll just tell her to put in the employer box "Actively seeking employment" and in the Occupation box "Registered Midwife". I just don't want them to think we lied on our Marriage Certificate and are trying to commit fraud or something. They just have different standards in Europe and an occupation isn't the same as being employed, and I honestly would have to agree with that statement. Thank you again for the reply.

Married in Edinburgh, Scotland: 07-06-2013

I-130 Package Sent to Chicago Lockbox: 09-04-2013

NOA1 from the National Benefits Center: 09-05-2013

I-130 Package Transferred to California Service Center: 02-25-2014

NOA2: 03-05-2014

NVC Received: 03-17-2014

Case # and IIN Assigned: 04-18-2014

DS-261 Generated and Completed: 04-26-2014

AOS Fee Invoiced and Paid: 04-29-2014

IV Fee Invoiced and Paid: 05-01-2014

AOS Fee Shows as Paid: 05-01-2014

IV Fee Shows as Paid: 05-05-2014

AOS and IV Packages Sent via UPS: 05-08-2014

AOS and IV Packages Received: 05-12-2014

AOS and IV Packages Input Into System: 05-14-2014

DS-260 Completed: 05-16-2014

Case Complete: 06-11-2014

Medical Exam: 07-08-2014

Interview in Warsaw, Poland: 08-28-2014 @ 8:30AM - APPROVED!

Visa Package Received: 09-01-2014

POE at Chicago O'Hare International Airport: 09-23-2014

I-751 Package Received: 07-11-2016

NOA1: 07-16-2016

I-751 Biometrics Apointment: 08-01-2016

ROC Approval (during citizenship interview): 12-20-2017

10-Year Green Card Received: N/A due to approved N-400

N-400 Filed Online: 08-28-2017

N-400 NOA1 Date: 08-29-2017

N-400 Biometrics Appointment: 09-22-2017

Status Changed to Interview Scheduled: 09-22-2017

Status Change to Interview Scheduled, read the letter we mailed: 11-15-2017

N-400 Interview: 12-20-2017 - APPROVED!

Oath of Allegiance Scheduled: 12-29-2017

Oath of Allegiance: 01-18-2018 

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Hmm, ok. Thanks a lot. I guess I'll just tell her to put in the employer box "Actively seeking employment" and in the Occupation box "Registered Midwife". I just don't want them to think we lied on our Marriage Certificate and are trying to commit fraud or something. They just have different standards in Europe and an occupation isn't the same as being employed, and I honestly would have to agree with that statement. Thank you again for the reply.

People lose their jobs all the time. The correct answer is "unemployed". I could be a qualified hairdresser but I'm not EMPLOYED as a hairdresser unless I actually have a job.

They will not care about the discrepancy. Do whatever makes you feel good.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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r060106 Proficient

r060106   109

Posted
Filed: Lift. Cond. (pnd) Country: Poland
 Timeline
  • Author
Posted

People lose their jobs all the time. The correct answer is "unemployed". I could be a qualified hairdresser but I'm not EMPLOYED as a hairdresser unless I actually have a job.

They will not care about the discrepancy. Do whatever makes you feel good.

Well, she wasn't employed at the time of our wedding either. But you make a good point. Thank you.

Married in Edinburgh, Scotland: 07-06-2013

I-130 Package Sent to Chicago Lockbox: 09-04-2013

NOA1 from the National Benefits Center: 09-05-2013

I-130 Package Transferred to California Service Center: 02-25-2014

NOA2: 03-05-2014

NVC Received: 03-17-2014

Case # and IIN Assigned: 04-18-2014

DS-261 Generated and Completed: 04-26-2014

AOS Fee Invoiced and Paid: 04-29-2014

IV Fee Invoiced and Paid: 05-01-2014

AOS Fee Shows as Paid: 05-01-2014

IV Fee Shows as Paid: 05-05-2014

AOS and IV Packages Sent via UPS: 05-08-2014

AOS and IV Packages Received: 05-12-2014

AOS and IV Packages Input Into System: 05-14-2014

DS-260 Completed: 05-16-2014

Case Complete: 06-11-2014

Medical Exam: 07-08-2014

Interview in Warsaw, Poland: 08-28-2014 @ 8:30AM - APPROVED!

Visa Package Received: 09-01-2014

POE at Chicago O'Hare International Airport: 09-23-2014

I-751 Package Received: 07-11-2016

NOA1: 07-16-2016

I-751 Biometrics Apointment: 08-01-2016

ROC Approval (during citizenship interview): 12-20-2017

10-Year Green Card Received: N/A due to approved N-400

N-400 Filed Online: 08-28-2017

N-400 NOA1 Date: 08-29-2017

N-400 Biometrics Appointment: 09-22-2017

Status Changed to Interview Scheduled: 09-22-2017

Status Change to Interview Scheduled, read the letter we mailed: 11-15-2017

N-400 Interview: 12-20-2017 - APPROVED!

Oath of Allegiance Scheduled: 12-29-2017

Oath of Allegiance: 01-18-2018 

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Well, she wasn't employed at the time of our wedding either. But you make a good point. Thank you.

Well if something asks for "occupation" that's different. That's more like a career thing (as I'm a "housewife" on our 2009 taxes for example, but I'm not "employed" as a housewife). The immigration docs ask for employer details, so as someone who's unemployed she won't have that info to list there. So I don't consider the marriage certificate a lie.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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r060106 Proficient

r060106   109

Posted
Filed: Lift. Cond. (pnd) Country: Poland
 Timeline
  • Author
Posted

Well if something asks for "occupation" that's different. That's more like a career thing (as I'm a "housewife" on our 2009 taxes for example, but I'm not "employed" as a housewife). The immigration docs ask for employer details, so as someone who's unemployed she won't have that info to list there. So I don't consider the marriage certificate a lie.

Thank you very much for the responses. You have helped greatly!

Married in Edinburgh, Scotland: 07-06-2013

I-130 Package Sent to Chicago Lockbox: 09-04-2013

NOA1 from the National Benefits Center: 09-05-2013

I-130 Package Transferred to California Service Center: 02-25-2014

NOA2: 03-05-2014

NVC Received: 03-17-2014

Case # and IIN Assigned: 04-18-2014

DS-261 Generated and Completed: 04-26-2014

AOS Fee Invoiced and Paid: 04-29-2014

IV Fee Invoiced and Paid: 05-01-2014

AOS Fee Shows as Paid: 05-01-2014

IV Fee Shows as Paid: 05-05-2014

AOS and IV Packages Sent via UPS: 05-08-2014

AOS and IV Packages Received: 05-12-2014

AOS and IV Packages Input Into System: 05-14-2014

DS-260 Completed: 05-16-2014

Case Complete: 06-11-2014

Medical Exam: 07-08-2014

Interview in Warsaw, Poland: 08-28-2014 @ 8:30AM - APPROVED!

Visa Package Received: 09-01-2014

POE at Chicago O'Hare International Airport: 09-23-2014

I-751 Package Received: 07-11-2016

NOA1: 07-16-2016

I-751 Biometrics Apointment: 08-01-2016

ROC Approval (during citizenship interview): 12-20-2017

10-Year Green Card Received: N/A due to approved N-400

N-400 Filed Online: 08-28-2017

N-400 NOA1 Date: 08-29-2017

N-400 Biometrics Appointment: 09-22-2017

Status Changed to Interview Scheduled: 09-22-2017

Status Change to Interview Scheduled, read the letter we mailed: 11-15-2017

N-400 Interview: 12-20-2017 - APPROVED!

Oath of Allegiance Scheduled: 12-29-2017

Oath of Allegiance: 01-18-2018 

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