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Posted
36 minutes ago, geowrian said:

I'm stating there is a risk. Establishing and maintaining ties mitigates that risk. It would be inaccurate to claim there is no risk.

okay.  i accept there is a risk.   everything has risk.  walking accross street has risk.

 

can u show me anywhere if u follow maintain green card rule with driver license, us domicile, us bank account, and us tax return ever had problem?  since u say there is risk so can u show or not?  thank you.

 

 

Filed: Citizen (apr) Country: Denmark
Timeline
Posted
3 minutes ago, BuiQuang said:

us domicile

 

 Domicile implies living somewhere as your primary residence, which you are not doing if you are living for years in another country taking care of minor children.  So, no, a person properly domiciled in the US would likely not have an issue.

 

A person in the situation the OP's mother would be in, wouldn't be domiciled in the US, and would hence have an issue.

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

Filed: IR-1/CR-1 Visa Country: Sweden
Timeline
Posted

The green card is for family reunification, not entering the US and then leaving again for years. You’ve had several people, many who have been VJ members for years, tell you that it’s risky to stay out of the US for longer than a year but you obviously refuse to listen. So roll the dice and see what happens. Personally, I wouldn’t risk it but to each their own.

 

Met online October 2010


Engaged December 31st 2011


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USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


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Posted (edited)
18 hours ago, BuiQuang said:

okay.  i accept there is a risk.   everything has risk.  walking accross street has risk.

 

can u show me anywhere if u follow maintain green card rule with driver license, us domicile, us bank account, and us tax return ever had problem?  since u say there is risk so can u show or not?  thank you.

Walking across the street has no inherit immigration risk. A reentry permit just means they can't use the duration of stay abroad as the sole means for abandoning residency. If they don't have sufficient ties to the US or otherwise believe the individual lives abroad, then they can still be denied entry. That is law and policy...examples don't prove or disprove it.

 

I think you meant to say "US-based housing" instead of "us domicile". Somebody living abroad with family and/or working abroad would not be considered to have US domicile for immigration purposes. While not a legal definition, a generalized way to describe domicile is "where you usually lay your head at night".

 

17 hours ago, BuiQuang said:

show me any case.  u guy say risk but u got no proof.  cuz person like my friend mother was fine with domicile.

Personal experiences and anecdotal evidences are useful to see what has been done in the past to get an idea of what works/doesn't work, but it's also one of the most dangerous pieces of information in immigration. It's caused a lot of people to make significant mistakes.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)

Not too long to wait until the Sisters are old enough to be on their own and then Mum can come over.

 

Usual comments apply re Medical Cover etc.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

As any of you who are parents are going to understand leaving a 16 year old who has also lost her father is not really going to fly :).  My other two sisters are at Uni so it is much easier to manage.

 

On all the sites you read it says there is no Visa wait time for children under 21, so just trying to understand why the process takes 2 years. 

 

One option I read on another area was the idea that My mum comes on the green card.  While we are waiting for her petition to go through my sister comes on a student visa.  Does anyone think this will work?

Posted
3 minutes ago, Plantagenet said:

As any of you who are parents are going to understand leaving a 16 year old who has also lost her father is not really going to fly :).  My other two sisters are at Uni so it is much easier to manage.

 

On all the sites you read it says there is no Visa wait time for children under 21, so just trying to understand why the process takes 2 years. 

 

One option I read on another area was the idea that My mum comes on the green card.  While we are waiting for her petition to go through my sister comes on a student visa.  Does anyone think this will work?

It's possible but your sister has immigrant intent.  

It takes 2 years because of the visa class.  Child under 21 of an LPR. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted
3 minutes ago, Plantagenet said:

On all the sites you read it says there is no Visa wait time for children under 21, so just trying to understand why the process takes 2 years. 

Right...if they're the petitioner's children. They are your siblings, not your children.

Your mother can petition for them as her children once she gets a green card (in about a year after you file for her), but that's the 2 year wait since she would be an LPR, not a USC. There's no wait for an immigrant visa number to become available for the under-21 children of  a USC (only processing time), but ~18 month wait for under-21 children of an LPR (green card holder). Then NVC and embassy processing time brings that 18 months to roughly 2 years.

 

3 minutes ago, Plantagenet said:

One option I read on another area was the idea that My mum comes on the green card.  While we are waiting for her petition to go through my sister comes on a student visa.  Does anyone think this will work?

It's not impossible, but 1) she still needs to return home to interview, 2) she needs to show non-immigrant intent (mother in the US filing for her to immigrate makes this very hard), and 3) she needs sufficient funding to pay the very high US schooling costs on her own since she won't qualify for most public aid. A student visa for high school would only permit studying in the US for 1 year.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
12 minutes ago, Plantagenet said:

As any of you who are parents are going to understand leaving a 16 year old who has also lost her father is not really going to fly :).  My other two sisters are at Uni so it is much easier to manage.

 

On all the sites you read it says there is no Visa wait time for children under 21, so just trying to understand why the process takes 2 years. 

 

One option I read on another area was the idea that My mum comes on the green card.  While we are waiting for her petition to go through my sister comes on a student visa.  Does anyone think this will work?

So you are a citizen, your mom gets a green card, your sister arrives at the consulate asking for a student visa and the CO is naive enough to believe there is no immigrant intent? I don’t think so. I know genuine applications where only one immediate family relative is in the US have been denied for suspicion of immigrant intent.

 

Quite frankly if the important angle is keeping your mother and your young sisters together then they should be staying in your home country,

Posted

As you guys say the fact that we would have an application in for full residency would clearly show we had immigrant intent.

 

Clearly we are just trying to find a legal path.   It might be worth exploring with a lawyer anyway. 

 

Read the following.  This would suggest that as long as my sister was enrolled in the High School she wouldn't need to renew until the point at which that academic pursuit was finished.

F academic students: Duration of status (D/S), meaning for as long as you remain enrolled, full-time, in an educational program at an approved school; are making normal progress toward completing your course of study; and are in compliance with all the terms of your F-1 status. You’re allowed a 60-day grace period to prepare to leave the United States.

 

Under the Visa waiver program it looks as though she could spend up to ninety days in country so if they remained in UK at least they would be able to come out for all the holidays and then return to School or Uni.  The question would be how to legally bridge the gap for my mum during that period.  I presume she would need to spend at least 6 months and 1 day in country to show it was her permanent country of residency? 

 

 

Posted

Hi SusieQQQ the intent of all of this is to reunite the family as the program was intended to do.

As you can imagine the death of my father created quite a hole.  The need for a new start and to unite the family is the overall intention.

Filed: K-1 Visa Country: Wales
Timeline
Posted

16 is an odd age to go to UNI, obviously happens but 18 is more normal.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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