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EmilyW

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Everything posted by EmilyW

  1. So long as the marriage is not for the purposes of evading immigration laws in the US, that's an option.
  2. If she is in the country right now, yes she can adjust. If she is outside of the country and entering the country using her tourist visa, with the intent to adjust, that's fraud.
  3. Is your plan for her to enter the US on a non-immigrant visa and then adjust status? If so, that is fraud. Apologies if that's not what you are suggesting.
  4. Absolutely. After the Oath ceremony, you're an American with all the rights Americans have. USCIS will be in your rear-view mirror once you get that Naturalization Certification. Congratulations! Taking the oath will be one of the most beautiful and emotional moments you'll experience.
  5. Option 35 (unless they changed the option number) is the one you need. Option 33 is for immigration / citizenship into Australia. Option 35 is what the US is looking for as they want ALL records. I'm guessing any issues stemmed from use of Option 33.
  6. In this case, you're lucky the IO twigged that you weren't being entirely honest and denied the tourist visa. No issues here.
  7. I have on my medical exam that I was in active therapy. CO yawned when he read that part during the interview. Declare and don't worry about it. Everyone needs help from time to time. 🙂
  8. Yes, it matters. Given that you put "total income" in inverted commas, and used the word "technically", I'm guessing you may have been trying to minimize your income (for whatever reason - no judgement). If so, you're now in a conundrum. You can't possibly sponsor two other people on that "total income". So, either get a joint sponsor, or be upfront about your "total income".
  9. Well good luck. I would advise your MIL not lie to the CO. They will have the record of her previous application and it may come up.
  10. Few things here. I appreciate your MIL was honest about wanting to help her daughter. In doing so, she effectively admitted to wanting do unauthorized work on a tourist visa and she was rightly denied. I get that it seems strange but that's the way it is: the US government sees that type of care as taking away a job from an LPR / citizen. Second, how did your missus get to the US? If it was via a tourist visa, from which she then adjusted, then that might be another strike. Finally, there is no 'forcing' of anyone to look at anything. If nothing has changed in her circumstances since the last application, she will likely be denied again. No harm in trying though.
  11. I hate to be the one who says it but this all feels like visa shopping. Your gal wants to get to the US in the shortest time possible, and is happy to do what it takes to make it happen. Visa to take care of her aunt is unlikely. Plenty of carers in the US. K1 or CR1 is your best option - IF she is indeed wanting to be with you for you - and not for immigration benefits.
  12. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-july-2023.html You have a wait ahead.
  13. Amen! To add, is there a minimum education requirement for K1, CR1 and the other family based visas? No? Shouldn't there be, if we're talking about contribution to the economy? To go one step further, if the measure of success as an immigrant is education, let's make a college degree a requirement for all would be immigrants. Lol, I can hear the howling already. Don't worry though, a large proportion of DV applicants have college degrees. We will be fine.
  14. Cutting how? We are a completely different category of immigrants and we cut nothing. You might not be aware that the DV Lottery has a start and finish date each year. If we don't get our visas by the cut off date for the year, that's it. It's over. Our applications don't get held over. We have to re-enter the lottery, hope we get another chance, and go through the process all over again. There is a reason why authorities hustle through our applications: because there is a cut off. And, just so you know, the DV is not quick. We applied in October 2013. We found out in May 2014 that we had 'won'. It was April 2015 before we interviewed at the consulate. And it was early 2016 when we finally moved. Ours was not an unusual timeframe. Nearly three years in total.
  15. Good thing then, that DV Lottery recipients do help the economy, because we have no choice but to make the most of opportunity. We landed on a cold night with very little besides suitcases and money in the bank, and definitely no welcoming committee. DV recipients have to prove they have the education, means, health and clean criminal record before they are granted a visa. Not sure the education part is covered with familial visas. Indeed, sure it is not. We don't have the benefit of having a spouse whose financial situation allows us to not contribute economically. If DV Lottery recipients were as reliant on US citizens as chain immigration is, the program would end in a heartbeat. Thankfully, the US welcomes people like me and my family. A huge - potentially unique - advantage over most, if not all, countries.
  16. To the OP... DV winner here. Yes, brought diversity. Mixed race family from a country that does not typically immigrate to the US (Australia). Yes, brought ambition. Got a job within weeks and now pay close to six figures in federal and state taxes. No sponsor needed. Yes, assimilated. Became a citizen in 2021. My older child is starting college in the Fall on full scholarship. Yes, brought assets. Around $2m in liquid assets that we used to buy homes (including investment properties), and set ourselves up. If you think that my, or my family's contribution is lacking, have at it. DV recipients very rarely have anchors in the US, and we get to hustle for our opportunity. That's the whole point of the DV Lottery - to import folks with a hunger for success, and not because we need MeeMaw (and the whole clan) here with us.
  17. I'm glad she was honest at the point of entry that she was acting as a caregiver. That, at least, won't come back to bite her. They record everything, so she is covered, from what you've said. Get that co-sponsor in place, and adjust status. As for fee waivers, not sure how that works, but - either way - both you and her are in for a wait when it comes to processing and her getting approved to work in the US. You'll have plenty of time to save up.
  18. The day you enter the US for the first time is when you become an LPR, and that's when you are liable for taxes. Depending on the country you're immigrating from, there may be a tax treaty between it and the US, which may eliminate double taxation.
  19. Unfortunately, your friend is encouraging immigration fraud, and that would have awful consequences for your aunt. She should go ahead and file for a CR1 visa, and wait it out. I hope she has good luck!
  20. Entering the US with a tourist visa with the intent to adjust status is immigration fraud. It's not advisable to commit immigration fraud.
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