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Everything posted by pushbrk
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You will have no opportunity to interact with NVC. In six to twelve months, your wife will receive the Notice of Intent to Revoke, from USCIS. NVC is just a pass through on the way back to USCIS. Get prepared for the response, as I already explained. This is no longer a "do it yourself" situation.
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I'm going to add that your wife should expect to hear nothing from USCIS. That gives you plenty of time to prepare any response. Start with writing a detailed report of everything that happened from the time you arrived at the Consulate, including every question asked and every answer given. Make it as complete and accurate as possible, including every word.
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Above is correct. I will translate that NOIR, means "Notice of Intent to Revoke" the approval of the I-130. Your explanation is not well explained, but it seems the Consular Officer did not believe your marriage relationship was genuine (bona fide is the term used). Probably because both you spent only a short time together and you were most likely unable to answer questions they can reasonably expect a husband in a real marriage woudl be able to answer about his wife and their relationship. Next action will be receipt of the NOIR by your wife. She will have the opportunity to provide explanation and evidence to overcome the NOIR. Time for a very detailed discussion with your wife about what happened in the interview. Explain it to her in your common language, and have her come back and give those details here. Maybe then, members can give meaningful guidance.
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How can we meet the sponsor requirement?
pushbrk replied to natanbr's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
No, not before filing the I-130, but before the NVC stage. Just get it done in the next year or so. She is unlikely to actually owe any tax, but filing is required and information from three returns is needed on the affidavit of support, even if she doesn't qualify. Just file three years, 23, 24, and 25 sometime next year. It can be done online. -
It was an example of what would hurt, not an accusation. The way you asked your initial question was suspicious. Now that you have clarified, don't expect a problem. Others have tried saying they are married when they are not, then they get caught lying and it's all over. Since your husband told the truth both times, nothing to worry about. His denials were for immigrant intent, meaning he could not overcome the required assumption. Immigrant intent is good, not bad in a spouse visa case.
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Correct. The difference in this case is the petitioner is not a US Citizen. If the husband had a child, the child could be a derivitive.
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If you are looking for a reason he was denied, then it is because he clearly has immigrant intent. If there were no actual inaccuracies in either application, then they become irrelevant to the immigrant visa application. The key is for all three applications to be accurate at the time they are/were completed. Obviosly they don't match because things changed in between.
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And is would NOT be too late, if the answer was yes. The answer is no.
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Conflicted please help
pushbrk replied to Kitty350's topic in General Immigration-Related Discussion
Concur. Filing to remove conditions will only add to the confusion. -
Yes, likely a sentence structure issue. Unless there is also an error in stating the relationship, the solution is the same. After the mother arrives, she can, as a permanent resident, file an I-130 for her husband.
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Unless your mother's husband is actually, your father, you can do nothing. She will need to file an I-130 for him. Will take about 4 years for spouse of permanent resident. If he was your father, you would have filed for both at the same time.
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How can we meet the sponsor requirement?
pushbrk replied to natanbr's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You are going to need a qualified joint sponsor. Your savings are only barely enough to meet the minimum requirement. That's not going to work, as they know you will blow through a lot of that in the first couple months. The "Loan" will not help with meeting the sponsor requirements. -
Yes, if the idea is to enter, then leave for six or seven months, that's a very different story, and probably will work. I would stick to no more than six months, if possible though. Cleaner that way. Once you've already arrived with them, they can precede you the next time, if necessary. Surely, if you are going to all this trouble to leave the employer on good terms, you can negotiate this timing with them, or even negotiate some of the costs to be reimbursed by them.
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Another option is for the immigrants to stay long enough to apply for a re-entry permit.
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Another confirmation that 12 months from first entry to actual relocation is dangerous. Less than six months is preferred. Another option is to leave the immigrants in the USA with only the petitioner going back for the work obligation. Surely, the employer is aware of the complication, and will be supportive.
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If that is an option, sure. Is it?
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I already answered that the petitioner is submitting additional forms.
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I understand that different government jurisdictions handle birth certificates differently. However, the vast majority of those jurisdictions understand that a "birth certificate" would naturally show the name given at birth. Those that change birth certificate names, must have a coronary, when a woman marries six different husbands.
