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carmel34

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  • Gender
    Male
  • City
    Lawrenceville
  • State
    Georgia

Immigration Info

  • Immigration Status
    Naturalization (approved)
  • Place benefits filed at
    Local Office
  • Local Office
    Atlanta GA
  • Country
    Brazil

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  1.    carmel34 reacted to a post in a topic: Best to apply for K1 before or after entering on a visitor visa - how long should she stay to visit? - Canada
  2.    2022 reacted to a post in a topic: Unemployment and Removal of Conditions
  3.    carmel34 reacted to a post in a topic: K1 - engagement party and wedding questions (how to avoid issues)
  4.    milimelo reacted to a post in a topic: Has dual citizenship with EU and BRASIL, but still denied
  5.    OldUser reacted to a post in a topic: Has dual citizenship with EU and BRASIL, but still denied
  6.    Lance27 reacted to a post in a topic: Has dual citizenship with EU and BRASIL, but still denied
  7.    TBoneTX reacted to a post in a topic: Has dual citizenship with EU and BRASIL, but still denied
  8.    appleblossom reacted to a post in a topic: Has dual citizenship with EU and BRASIL, but still denied
  9.    Crazy Cat reacted to a post in a topic: Has dual citizenship with EU and BRASIL, but still denied
  10. carmel34 started following Updating address with USCIS when moved , Has dual citizenship with EU and BRASIL, but still denied , Criminal history and 7 others
  11. carmel34
    The prior B2 denial will always be linked to his name, date of birth, photo, and other biometrics. A new Portuguese passport will not change this, so he is not eligible for ESTA. He is free to apply again for a B2, but this will be denied as well unless he strengthens his ties to Brazil. Does he own property, have a stable job, family responsibilities, etc. in Brazil? If you are a serious "friend" in the USA, and his purpose for travel is to visit you, this will be considered a strong tie to the USA, with a good chance that he will abuse the terms of the B2 and try to stay in the US, as many Brazilians before him have done. I suggest that you visit him in Brazil if your true intention is to meet in person, it is a beautiful country. Good luck!
  12.    JosephMary reacted to a post in a topic: Criminal history
  13.    JeanneAdil reacted to a post in a topic: Criminal history
  14. carmel34
    You will likely be fine either way, K-1 or getting married first then doing CR-1, as long as you are completely honest and include all of the details of your criminal history, including court documents, on the I-129F petition, the first step to a K-1. Criminal background information for the petitioner is not part of the I-130 petition, the first step to a CR-1. You would have a big problem if you choose K-1 and then do not disclose criminal information on the I-129F, because later in the process USCIS will do a background check on you and find out, which could lead to a denial based on misrepresentation. As others have said, CR-1 is far superior for many reasons, and in your case, appears to be the best given your criminal background. Good luck!
  15.    Dashinka reacted to a post in a topic: N400 Withdrawal and Reapply
  16. carmel34
    My husband, who came on a CR1 spousal visa, waited to file the N-400 exactly three years since entering the USA and becoming an LPR, because he had to satisfy the 3 years of living in marital union on the date of filing. He did not file within the 90 days early window specifically for this reason, despite knowing that others did so and were approved. It seems as though USCIS has tightened up this requirement recently as they have been instructed to scrutinize all cases more carefully. The N-400 instructions clearly state that as of the date of filing, the applicant must have satisfied the 3 years living in marital union requirement.
  17.    carmel34 reacted to a post in a topic: N400 Withdrawal and Reapply
  18.    carmel34 reacted to a post in a topic: N400 Withdrawal and Reapply
  19.    carmel34 reacted to a post in a topic: N400 Withdrawal and Reapply
  20.    carmel34 reacted to a post in a topic: N400 Withdrawal and Reapply
  21.    carmel34 reacted to a post in a topic: N400 Withdrawal and Reapply
  22. carmel34
    You can travel and get married in his home country, then file for CR-1. Or meet in a third country close to his for marriage if the home country is more complicated or takes more time/documents. Another option is to marry virtually via Utah County online marriage, then meet in person somewhere before filing the I-130 petition to start the CR-1 process. Good luck!
  23. carmel34
    Joint sponsor is the best path forward in your case. Also do research on establishing US domicile for the US citizen petitioner as Montreal is VERY strict on that requirement at the visa interview. You may have to return to the US before your spouse's interview to satisfy this. Good luck!
  24. carmel34
    I saw this story yesterday and this was my thought as well--I-485 pending, and left with no AP, so I-485 is null and void, leading to detention and deportation proceedings. The child complicates the case so it will be interesting to hear the outcome. It could be another case of bad advice from an immigration attorney.
  25. carmel34
    If you do live in the USA then your wife having a US husband is a very strong tie to the US and weakens her case for a B2 significantly, especially applying in a high fraud country. Definitely try for an emergency B2 but chances are low given your situation. Have you filed an I-130 petition for her? Consular officers always assume immigrant intent so that will be a big hurdle to overcome. Just being realistic here, have an alternative plan ready if your two-year old son's case is indeed urgent and can only be treated in the USA.
  26. carmel34
    Based on your previous posts, the NTA is for your son who previously had an asylum case closed and two pending I-130 petitions, one from a sibling filed a few years ago and the one you filed this year. I-130 petitions, either pending or approved, do not give the beneficiary any legal status in the US. The best advice you will get is to always attend a scheduled hearing in immigration court, especially in today's strict enforcement climate. Your son should have a good immigration attorney with him for his appearance in immigration court, and to prepare documents in advance. Does the NTA state that the hearing will be to review your son's withholding of removal?
  27.    carmel34 reacted to a post in a topic: Denial during K-1 visa interview
  28. carmel34
    You can check all processing times here: https://egov.uscis.gov/processing-times/ I-601 is currently taking 34.5 months at NSC. Hopefully the expedite request will be approved to help it to move faster. All you can do at this point is wait. Good luck!
  29. carmel34
    To be safe, I always suggest online AR-11 and also a paper version, sent by mail to USCIS via certified mail with return receipt. That way you will have documentation to show that you properly followed their procedures if you are ever questioned.
  30. carmel34
    Your US citizen wife will have to file an I-130 petition with USCIS for you, and once this is approved (14-16 months currently), you will apply for a spousal visa (IR-1) and interview in Montreal which means more waiting. Plan on about 2 years for the entire process. If your wife has a written job offer from a US employer, you could first ask Montreal if they will accept a DCF (direct consular filing) of the I-130. DCF, which is at the discretion of the Montreal consulate, would speed up the process considerably (3-6 months). Also do a search here on VJ for threads about your wife establishing a US domicile, as Montreal is very strict on that. She may have to move to Texas before you get your visa in order to show US domicile. Good luck!
  31. carmel34
    Ask the Montreal consulate if they will accept a DCF case based on the above, and include documentation to support the "imminent need to depart the country." If they say no, try a written job offer from a US employer. If both of these fail, DCF is not an option and you will have to file I-130 petitions for all family members with USCIS to start the process. Plan on about 2 years, and pay close attention to Montreal's requirement that you have established a US domicile by the time of their interviews.
  32. carmel34
    A notary in Brazil is able to issue a printed copy of the annotated marriage certificate, showing the divorce. It will be a printed copy that the notary can sign and stamp so it is official. Check with the notary where the marriage and/or divorce were filed.
  33. carmel34
    If you are past normal processing time, you can file an online case inquiry: https://egov.uscis.gov/e-request/
  34.    carmel34 reacted to a post in a topic: CR-1 or K-1 visa for a Mexican getting married to a US citizen
  35. carmel34
    Did your wife attach the written job offer with the DCF request? If not, try again with the job offer included in the email and make it clear you are asking for DCF approval. If she already sent the job offer and clearly asked for DCF based on work relocation to the US, their answer appears to be no and file the I-130 with USCIS. Good luck!
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