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pushbrk

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Everything posted by pushbrk

  1. Best to give a more generic but true answer, something more like the answer you've previously given.
  2. So everybody is on the same page, the Consular Officer did not revoke anything. He denied the visa, and indicated they were returning the case to USCIS with a recommendation they revoke the approval of the petition. Others have been correct in saying in a few months, the petitioner will get a NOIR, "Notice of Intent to Revoke" the I-130 approval. That notice will contain an explanation as to why, and give the petitioner an opportunity to respond and try get the approval "reaffirmed". Now is the time for the visa applicant to write a VERY detailed report of EVERYTHING that happened or was said, since he arrived at the Consulate for the interview, until he left. It should be as verbatim as humanly possible. Not time for laziness or summaries.
  3. It is helpful to use the terminology used in the passport and immigration forms. Family name or surname are used, not "last name". In China, and some other countries, the written "first name" IS the family name or surname.
  4. The DS 260 asks for your name. Enter the one in your passport. If you can't change it now, you can change it when you become a US Citizen. You are referring to that name as "maiden name". It reality, it IS that, but it is also simply your "name". (in the present tense)
  5. Having read back over this, to clear up any confusion, the divorce in question is the one from the first wife, to whom the OP is still married. That marriage MUST BE disclosed, and the evidence it was ended by death or divorce, must be provided. Once that is accomplished, where an how the remarriage is accomplished, doesn't matter, as long as it is legal and lawful where it is officiated. Probably need to reside first, for some period (90 days or less depending on which US State) before filing. You'll need to research which State will work, and how/whether you can serve by publication etc. It's a mess but there ARE solutions.
  6. First, she would be adjusting status, not applying for a spouse visa. Medical exams results are sent in with the initial filing, in your kind of case.
  7. Then one or both of you will need to go reside someplace where you CAN get divorced, for long enough to accomplish it. Nevada comes to mind. Hong Kong works too, as a place maybe you could both go.
  8. Glick on the word "Guides" at the top of any page here to understand the process. Download the main form, and it's instructions, then become an A-Student of BOTH. Divorces worldwide are only granted where people LIVE. Only one must be there, either one, but the other must be "served". Google "divorce in (the country where you life) or contact a family attorney THERE. As long as it was not the Philippines, it PROBABLY doesn't matter where you married, but WHY is it a secret?
  9. You "get divorced" where you live now, but where you married can be an issue depending on other things. It may or may not be relevant, and most likely relevant if it she country that issued one or the other of your passports. You can explain in open fields on the last two pages of the I-130 and I-130a forms.
  10. Note that unless the petitioner has actual authorized residence in the UK, they are just visiting. Best to use a US address, even if it is for a friend or relative. Is the Petitioner authorized to reside in the UK?
  11. NO, unless that income will continue from the same source, once in the USA.
  12. I mean it it is clearly enough, you don't need a joint sponsor. Typing two opposites already today.
  13. I mean she could easily miss here ONGOING connection. LOL
  14. Is your Social Security income less than the required income to sponsor? If it is, you don't need a joint sponsor.
  15. Just going to add that if the USC has never worked or had income, she is not required to file a tax return. She will provide an affidavit of support form, stating no income and she'll check a box indicating no tax returns because not required. It will be abundantly clear she has no employment or earnings history.
  16. Three hours is a risk. It's a "legal" connection but if her incoming flight is delayed, she could easily miss her incoming flight. Depending on your confidence in her abilities, and whether there is a later flight to her destination for the same day, you might want a longer layover. All US (really all major worldwide) international airports would require transfer from the arriving international terminal to a domestic terminal. What's ideal is a 4 plus hour layover, in my experience, PLUS somebody to meet her and escort her to her next check-in. What I did for my Chinese wife and her daughter years ago, was to just meet them myself at their POE, and drive them home. You could also fly to the POE and escort her the rest of the way. Faking the need for a wheelchair, is pretty sketchy.
  17. Stop looking to adjust status. You need to look at "Removal of Conditions". Click on the word Guides at the top of any page here
  18. Correct. Check the I-130 top of page six. The beneficiary's email address is also asked for there.
  19. It definitely does matter what the court order says, but generally court ordered full custody is sufficient, unless international travel is specifically addressed.
  20. As an aside. This is another caution to those who insist everybody should do this themselves. Only those with the aptitude and motivation to carefully study forms and instructions, are able to do this on their own. That's lots of folks, but not everybody.
  21. Use it if needed, but each entry is still a decision. No Guarantees.
  22. She still has to wait for the EAD to be approved. Even then, it's best not to use it, if you can avoid it.
  23. Just get it all filed and hope for the best. 16 months would be getting lucky though.
  24. They look at everything, but current income is the most important. It's not your 2022 "refund" that matters. What you enter in the tax section for income is the number called "total income".
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