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pushbrk

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Everything posted by pushbrk

  1. Not bona fide means they don't believe it is a genuine relationship. What evidence did you send to support that? How much time have you spent together in person, and what evidence for that? Forget about the family tree. That's not the issue unless you are brother and sister.
  2. This is a visa application case. The visa was officially applied for on the date of the interview. It's been six days. My advice is to the OP is be patient.
  3. Nobody has yet applied for anything. The process starts with the US Citizen filing a petition on behalf of their foreign fiancée. After the petition is approved (about a year from now) the foreign fiancée will apply for a visa, where they are living at that time. I don't expect an issue with an Australian Citizen, no matter where they currently live, perhaps unless born in a banned country also. Please clarify.
  4. Speculation is not helpful. A "family tree" is not required. A petitioner is required to state whether they are related to the beneficiary and the nature of the relationship. Information about the parents of both are required. Unless you are siblings, parent or child relation to your spouse, there is no "proof" required. Better to ask the OP (person asking the question) why they think this is an issue.
  5. And neither have I. No, you do not have to prove the relationships. Please provide some context. What was the exact wording of what you are referring to as a "rejection"? A rejected case is rejected for lack of required information. "Family Tree" beyond parent information is not required.
  6. The issue with the home equity is that it is not considered liquid. The easy solution is for you to go back to work before the visa interview and remain working through the adjustment of status when the next affidavit of support will be needed.
  7. DS 260 not 160. Actually no "background check" is required. It's not called that for Spain or most other countries, but nothing from the US for either petitioner or beneficiary. A more complete records check is in the file. USCIS has much more thorough access than anything available to the intending immigrant, or US Citizen, for that matter.
  8. Actually, most US Marriage certificates are really most worldwide, say nothing about what the couple's names will be going forward. The marriage certificate can be the document used to justify changing the person's name on their other ID though. It can also be used to track name changes when filing the petition. If Petitioner Mary Jones submits a birth certificate with the name Mary Smith, when filing for her second spouse, Mr. Williams, then her marriage certificate to Mr. Jones is how she would document that Mary Jones is the Mary Smith named on the birth certificate. Herve first marriage certificate will say Mary Smith married Mr. Jones even if it says nothing about whether she will use the Jones name going forward. However Divorce Decrees do often indicate a person may start using their maiden or previous name again.
  9. I'm not surprised to see it on a list. I would be surprised if it is looked at for a born in USA US Citizen, for reasons already stated. "That's all YOU know". Consider it's possible I know more. It's why I'm saying more about it.
  10. The entry date of his most recent visit is only applicable if he is in the USA the day you submit the petition. Yes, you can file in the married name and complete the change of passport and other documents later.
  11. USCIS doesn't issue visas, so when the Consulate says no, State sends the case back to USCIS with a recommendation they revoke their approval. Then USCIS sends a Notice of Intent to Revoke to the petitioner, giving an opportunity to provide a response. Sometimes they still revoke, (usually) but sometimes they send it back to the Consulate for another interview. That's no guarantee of a visa either. No debate on any of that, however this is a specific question about a petitioner's birth certificate. I've never heard of a Consulate denial based on determining the petitioner was not a US Citizen. I'm saying US Citizenship is not the reason a Consular Officer might want to review a petitioner's birth certificate. There are other reasons, most commonly when its about something else, when the petitioner was NOT born in the USA. Example. Is the petitioner married to their brother or sister? LOL
  12. The list sent is a laundry list. The responsibility to determine the Petitioner is a US Citizen has already been adjudicated by USCIS, but if something raises a question, the Consular Officer may want to see it. Usually not though. Most often it is for a Naturalized Petitioner that the Birth Certificate is needed at Consulate level.
  13. The petitioner's birth certificate is not typically required, but since it's on their list, send it by FedEx, or DHL, not by mail.
  14. No, it can't be that simple or contrived. I'm talking about actual concrete action taken with your wife back in the USA, even if for a preliminary visit. There may well be more and better suggestions coming. I'm just clarifying what I mean by one of MY suggestions.
  15. No, they won't reject the case. But they easily detect contrived evidence. It's quite possible that your temporary stay with family in the USA is not going to be enough evidence of your wife's intent to re-establish US domicile. More concrete actions like looking for long term housing, or if there are children looking into school registration are examples. Others will have more suggestions for you.
  16. It's a total non-issue, but good idea to bring the old one to the interview.
  17. I assume you clicked on the link and read their suggestions already. The option of having her go ahead and go back to set up some things like a new bank account and driver license with the US address might work. If she can do more, like actually look for a more long term place to live without making any commitment, that would help. London is not known to be very strict on domicile issues, but you are not dealing with London yet.
  18. I'm a little confused, not about the notice but who is who in this case. You say your wife is the applicant, but it sounds like she is the US Citizen petitioner and it is YOU who is applying for the visa. If so, please clarify.
  19. Your father would only use the I-864a if he doesn't qualify on his own as s joint sponsor, and needs to combine income with you, in order for there to be enough income. Line 9 is the total income you would report for 2025 and also what you would state as your current income, for a self-employed person. I take it you are self-employed with Uber, not an employee. Your income is sufficient on its own. Yes, you can do the 864a from Dad later, if it becomes necessary.
  20. If you can fill them out, go ahead, but you won't be able to schedule an interview until the Consulate informs you they are ready.
  21. They will know about both cases being connected because their is only one underlying petition and your son is listed on the petition. You'll get instructions by email from the Consulate. Follow those.
  22. No, but even though it is technically NOT an immigrant visa, a K1 visa interview is conducted by a Consular Officer assigned to the "Immigrant Visa Unit".
  23. I would answer yes and explain "I-129f approved but did not apply for the K1 visa". Let them decide if it is relevant or not. It will not be a negative in any way. The already know this from the answer to the I-130 question.
  24. Not an infant, but you are missing the point. The point is, the personal circumstances you mention, are not factors considered by USCIS, NVC, or a Consular officer. Getting your head around that, can be difficult. The further point is nothing about your feeling expressed here will change what gets considered.
  25. I and many others here understand very well. It's important you understand, that my or our understanding of the personal circumstances you mention, are not factors considered by USCIS, NVC, or a Consular officer. Getting your head around that, can be difficult. We know. We all had to do it already. For me, it was 20 years ago.
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