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US Immigration from Colombia





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Bringing Stepchild (by adoption) to US
5:36 pm January 23, 2020

bdglen



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18 Replies



I am in a difficult position and seek advice. I married my husband on a K1 visa and he is now living in the US with me. He arrived June 4, 2019 and we were married July 17, 2019. He is currently being processed for his AOS, EAD & AP with estimated approvals in mid March 2020. All of his USCIS applications indicated that he had NO children which was legally true. However, he was in the process of adopting a child who is the genetic child of one of his relatives, so there is a genetic familial relationship between them. The adoption has not been finalized yet, but should be soon. Here is my question:

When the adoption is finalized and my husband becomes the legal parent of this child, is the child automatically my stepchild and eligible for an I-130 application? OR, do I have to adopt the child as well and submit an application based on adoption?

I cannot find any guidance on a situation like mine. The rules address:

Step-parent (step-mother or step-father)
  • A copy of your step-child s birth certificate issued by civil authorities
  • A copy of your civil marriage certificate to your step-child s genetic or legal gestational parent

but my husband is NOT the genetic or gestational parent, he is the adoptive parent of a genetic family member.

AND:

Adoptive parent (adoptive mother or adoptive father)
  • Copy of child s original birth certificate
  • Copy of the final adoption decree
  • Evidence that you had 2 years of legal custody (this could have been awarded by a court prior to the final adoption decree)
  • Evidence that you had 2 years of physical custody (this means time during which the child was living with you and you were exercising primary parental control)

I have not adopted the child and could not satisfy the two year custody rule. So I am at a loss as to how to proceed.

Advice would be greatly appreciated.



 
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Supporting Evidence: Affidavits of Knowledge of Marriage
10:44 pm January 20, 2020

DD/JP



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4 Replies



Another quick question about supporting evidence for the community:

Do we need to seek any kind of certification for affidavits of knowledge of marriage from friends and family? It seems too easy to me that they can just write up a letter without any kind of proof that they wrote it. I have asked them to at least sign, but I'm also worried adding anything additional that the USCIS doesn't ask for could complicate matters.

The exact instructions as found on official I-130 Instructions are as follows:

Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital
relationship. Each affidavit must contain the full name and address of the person making the affidavit; date
and place of birth of the person making the affidavit; and complete information and details explaining how the
person acquired his or her knowledge of your marriage;

Thoughts?

Thank you!



 
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Form I-130 Questions
10:32 pm January 20, 2020

DD/JP



Read 748 Times
7 Replies



Hi, all!

I'm working on filling out the Form I-130 as the first step to acquiring a CR-1 visa for my Husband (woohoo!), and have a few questions I'm hoping you all might be able to help me with. I'm finding that I'm being a bit paranoid about every item being exactly right, and from what I've read that's probably a good thing. I have read the offical I-130 instructions very carefully, but still have some vague areas. Here goes:

1) The instructions say to put "N/A" in response to any question that doesn't apply to me. There are many that don't apply to me. Should I put "N/A" (or "none" if numerical) in ALL spaces I've left blank? Some portions I intuitively feel should just be blank, but... not sure how much it matters.

2) For dates that I don't remember exactly (addresses, jobs, etc.), is an explanation of "I don't remember" satisfactory?

3) Part 2, item 30.a. asks for the family/last name of Parent 2, my mom in this case. Would that be her maiden name or current legal name? She is divorced from my dad but has not yet legally changed her name to her maiden name yet.

4) Part 4, items 25.a. - 28. Do I need to put my info here again as the spouse, even though I just entered it in the prior section (items 21.a. - 22)? Instructions say to include "information about the beneficiary's spouse and children", but I feel this section may be for non-spousal beneficiaries...?

5) Part 4, items 62.a. - 62. c.). My understanding is that my husband WILL apply for adjustment of status once he has is visa and is here, but I assume I fill this out with the pertinent information to the consulate he will be using in Bogota?

6) Last question: I had to use the "Part 9. Additional Information" section to record some overflow of addresses and jobs. Since the item numbers end with the last available section for addresses and jobs within the form, do I just refer to that range of item numbers in Part 9? For example, for additional addresses, I put under Part 9 item 3.c. Item Number "12a - 15b". Is that correct?

Thanks so much in advance. I know it's a lot, but hopefully I can crowdsource this info. :)

Derek



 
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Types of judicial decisions from deporation proceedings
7:30 pm January 20, 2020

Russ&Caro



Read 526 Times
7 Replies



Hi, I'm asking for a friend here. Seriously. Okay don't believe me. Actually, I'm mostly curious but I want to be able to advise the friend by being more knowledgeable on this topic, if necessary.

A local woman friend of my wife, originally from Central America, married a green card holder from South asia almost 10 years ago. We've known this couple and have socialized with them for almost 5 years. They have 2 young children. One mystery for me through the years was why he has never applied for US citizenship. I know it's not for everyone so I minded my own business and never asked him. Last night on a visit we met an old female friend of theirs who was in town. There was a bit of tension on the visit which we did not become aware of til later. Finally, an argument ensued btwn husband and wife which was awkward to see, as guests. In the end, the husband accused the mutual friend of being a disruptor in their marriage. With the wife in tears, we honored her request to return to our home with the out of town visitor. She left for her home this morning but not before revealing a lot about the relationship that we had never known.

Turns out the husband, who I'd assumed received his green card through his work in IT, had been married to a US citizen before he met my wife's Central American friend. Before or as that marriage was ending, he was jailed for a domestic abuse incident. We didn't get the details on the incident but were told it did result in deportation proceedings. Here is where my knowledge of immigration is rather murky, as I have no direct experience with such proceedings. The story goes, he quickly joined a Christian church, converting from his previous beilefs. A pastor from the Church helped intervene, perhaps as a character witness, when he went before the judge. Instead of making a black & white, remain or deport decision, the judge ordered that he must send some sort of document or letter or application to remain a resident in the US every year. It was mentioned that this was some sort of annual renewal of his residency but that doesn't match up with anything I've learned on this website. After everything calmed down, my wife's friend called and told her that the story of a previous wife, deportation, and annual renewals was true. But she also reported that her husband would soon be done with the annual filings and be qualified to apply for US citizenship.

I guess my questions are: What sort of non-binary decisions do immigration judges make during deportation proceedings? Does annual filing of documents to continue residency sound like the sort of decision a judge would make? After a period of years, does the domestic abuse incident get excused when seeking citizenship?

As a postscript, the fight we witnessed wasn't verbally abusive in my mind and my wife hasn't reported to me that their relationship is abusive in any way.



 
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I-134 Clarification (intend & additional info)
4:32 pm January 20, 2020

AtlanticOceanLove



Read 433 Times
2 Replies



Hello,

I found an earlier post regarding this and I can't seem to find it. I'm sorry for the multiple posts on the same question but I've seen several answers and I want to ensure it's correct. I'm the USC and I placed "intend" however for "Part 7. Additional Information" I'm not quite sure to add? I'm obviously going to support my Fiance but is there a specific verbiage I should utilize?

Thank you in advance.

Capture.PNG



 
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