EM_Vandaveer
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EM_Vandaveer reacted to JeanneAdil in Does she have any legal recourse?
are the religious documents Islam marriage documents?
if so, she is legally married
all religions are honored here
she would need to register what was done by an IMAM and get a marraige certificate
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EM_Vandaveer reacted to BrianUSA in How to cancel wife's visa?
I thought she was gonna change her mind, at some point she agreed to freeze her eggs just in case but then changed her mind and said she won't have fertility treatments in the future and said that she has no maternal instinct, I still thought she's gonna change her mind, what woman doesn't want to be a mother?
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EM_Vandaveer reacted to laylalex in Suspected fraud/potential VAWA
My ex never, ever laid a hand on me. Never pushed me, never punched me. Never twisted my arm behind my back or slapped me. But he did abuse me emotionally and financially for years. He bullied me and made me feel like I was worthless, incapable of functioning without him. I am still recovering from how he treated me. Oh, but all that happened was my feelings were hurt! Boo hoo me because I have no physical scars.
Check yourself. There are abuse sufferers on this forum. I know I'm not the only one. Your words are potentially triggering.
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EM_Vandaveer reacted to Orangesapples in Suspected fraud/potential VAWA
It's not up to you to determine if an abused woman entered her marriage in good faith.
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EM_Vandaveer reacted to appleblossom in Guidance/Advice
I'm all for optimism, but these aren't rules, they're laws. There's a big difference. Rules can be bent as there is often an element of discretion when it comes to applying them. Laws not so much.
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EM_Vandaveer got a reaction from TBoneTX in PSA: If entering the USA 2 years after marriage, kindly remind the immigration officer of this
As the Hungarian saying goes, facts are stubborn things.
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EM_Vandaveer reacted to TBoneTX in PSA: If entering the USA 2 years after marriage, kindly remind the immigration officer of this
Or, how to answer a wife's question:
Wife: Does this dress make me look fat?
You: No, the dress doesn't make you look fat. You ARE fat!
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EM_Vandaveer reacted to OldUser in new rules for dual citizens?
Fear mongering. Unlawful and probably unconsitutional. Ain't going to happen any time soon. This would not benefit the US and I haven't heard any proposals. US citizens must report (and many times pay) taxes on world wide income. This would cut off this tax revenue for the US, as many would choose to renounce their citizenship if they couldn't get a passport
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EM_Vandaveer got a reaction from igoyougoduke in N-400 online filing - 5 year rule document
Luckily the government is more disconnected than you think. USCIS does NOT have your tax transcripts nor would they ask the IRS for them, hence if they ask for them they ask the applicant...
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EM_Vandaveer got a reaction from TBoneTX in N-400 online filing - 5 year rule document
Luckily the government is more disconnected than you think. USCIS does NOT have your tax transcripts nor would they ask the IRS for them, hence if they ask for them they ask the applicant...
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EM_Vandaveer got a reaction from OldUser in N-400 online filing - 5 year rule document
Luckily the government is more disconnected than you think. USCIS does NOT have your tax transcripts nor would they ask the IRS for them, hence if they ask for them they ask the applicant...
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EM_Vandaveer got a reaction from Crazy Cat in N-400 online filing - 5 year rule document
Luckily the government is more disconnected than you think. USCIS does NOT have your tax transcripts nor would they ask the IRS for them, hence if they ask for them they ask the applicant...
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EM_Vandaveer got a reaction from TBoneTX in Returning to America after long stays previously on an ESTA.
Since it was 3 years ago and you stayed outside the US you should be fine. Of course, there's never a guarantee.
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EM_Vandaveer got a reaction from Crazy Cat in Returning to America after long stays previously on an ESTA.
Since it was 3 years ago and you stayed outside the US you should be fine. Of course, there's never a guarantee.
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EM_Vandaveer reacted to S2N in ESTA adjustment?
If you prefer I say it more formally: USCIS doesn’t agree with BIA’s reading of the law on this, but they’re bound by BIA precedent.
How they’ve dealt with it in some cases with published internal rulings is they’ve denied AOS for misrepresentation at the POE, like @Crazy Cat mentioned. USCIS cited misrep by omission and stated the BIA precedent on pre-conceived intent isn’t applicable since misrepresentation makes someone inadmissible and as such there was no need for USCIS to perform the balance of equities analysis required by BIA for cases of spousal pre-conceived intent.
But you’re correct: the law is that if an intending immigrant is admissible, pre-conceived intent is presumed not to create a bar to adjustment of status for spouses assuming there are no other factors weighing against adjustment when USCIS performs an analysis based on the balance of equities. It’s not fraud and I really wish people would stop saying it was.
The better way to phrase it is that for obvious cases of pre-conceived intent that are flagrant, USCIS has claimed that omission is sufficient to create a ban for misrepresentation. I’m not familiar with any BIA precedent ruling on this, but it’s the historical stance of their internal review board.
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EM_Vandaveer reacted to Edward and Jaycel in Needing Wedding Clarification and Advice
Yes there absolutely could be a problem. There have been people refused a K-1 visa for being "too married" to qualify for simply having a celebration ceremony in the intending immigrant's home country. I would be very cautious about having any kind of ceremony prior to entering the US on the K-1 visa.
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EM_Vandaveer reacted to JeanneAdil in Bad US Visa Interview Experience
Because single means "not married"
no wonder the CO had suspensions that the relationship (marriage) was not real
that was a big mistake to do taxes like that
you already had interview so there is no application ongoing / there is a petition she did for the spouse and your DS 260 for the visa
she needs to do 1040x filing as married
MFS (married filing separate) or MFJ (married filing joint and the W7 for your ITIN which is in her favor for lower tax bracket
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EM_Vandaveer got a reaction from alliejourney in ESTA adjustment?
It's USCIS' policy NOT to deny an adjustment of an IR of a USC based solely on intent so no need to prove intent. It was decided at POE that he didn't have intent, otherwise he wouldn't have been allowed entry.
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EM_Vandaveer got a reaction from Lemonslice in Bad US Visa Interview Experience
MFS & put NRA for Non-resident alien where it asks for his SSN. Has to paper file for this reason.
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EM_Vandaveer got a reaction from OldUser in Bad US Visa Interview Experience
MFS & put NRA for Non-resident alien where it asks for his SSN. Has to paper file for this reason.
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EM_Vandaveer reacted to OldUser in Bad US Visa Interview Experience
Doesn't matter when. Would you want USCIS to doubt your marriage 5 years later and revisit your green card when you try to naturalize? I'd try to fix it sooner.
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EM_Vandaveer reacted to milimelo in Bad US Visa Interview Experience
Ok with this background info sounds like your interview went fine and they just wanted those money transfer receipts - I really don't see anything that was bad.
Did they keep your passport?
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EM_Vandaveer reacted to appleblossom in Why Do I get Refused
She wasn’t denied just because of that, nobody said she was. You haven’t answered questions about her marital situation, kids, job, and other ties to Qatar. So we can’t help you without that info, but it’s likely it was a totality of circumstances.
And the decision will have been made based on the info she gave, just because you don’t agree with it doesn’t mean it wasn’t professional.
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EM_Vandaveer reacted to Dashinka in Why Do I get Refused
Actually, consulate officers are required by law to assume anyone applying for a B2 visa will end up overstaying. It is the burden of the applicant to prove otherwise primarily through the information they put on the DS160. This is why we see things like people claiming to be married on the DS160 when they are not as they think it increases the chances they will be approved. That being said, there is not much you can do to help her overcome that burden of proof. Btw, I thought the same thing back when my now wife was denied twice for B2’s. We decided at that time our relationship was good enough to proceed with a K1 (probably would look to do a spousal visa if doing it now).
Good Luck!
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EM_Vandaveer reacted to ewbarnes2 in Why Do I get Refused
It was very unprofessional. It wasn’t an interview, she had a line of people behind her and was asked “why does she want to visit America and How long has she been in Doha, then they handed her the 214(b) refusal. I’m not sure I fully understand the reason why?
Is there anything I can do in order to help her get to America? She does not want to migrate to America.
