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Everything posted by Marieke H
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I agree with everyone else. Get married and file for his Adjustment of Status. Here is the guide to do so: Of course, he'll need to be ready to stay here instead of flying back. He won't be able to work and travel until he has his EAD/AP, which can take up to 8 months. He was going to go through that after entering on the K-1, but make sure he is okay with it. The option to file for AOS is there exactly for your situation; circumstances can change. It makes perfect sense for you guys to get married and file for AOS. Don't stress about a wedding; just go to the courthouse and get it done. You can always have a nice ceremony later if you want.
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Next step question after approval of I130
Marieke H replied to LM & J's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
If your spouse is currently outside of the US, your ONLY option is consular processing. -
Fingerprint
Marieke H replied to Primjoy's topic in Removing Conditions on Residency General Discussion
Definitely go to the appointment, even if you do get through to someone on the phone. It's better to show up and not be needed there, than to be marked as a no-show for a biometrics appointment. -
Brainstorming Ideas on how to proceed
Marieke H replied to tennisFL's topic in What Visa Do I Need - Family Based Immigration
What makes you think that she will easily be approved for all these visas you are going to have her apply for? The spousal visa application will not give her a visitor visa. There are no shortcut or loopholes. -
I-751 with Divorce Waiver
Marieke H replied to Ronnie12345's topic in Removing Conditions on Residency General Discussion
I would agree. I think you put together a very thorough, complete packet!- 10 replies
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Brainstorming Ideas on how to proceed
Marieke H replied to tennisFL's topic in What Visa Do I Need - Family Based Immigration
Yeah... good luck. Just accept that separation is part of the process and go through the legal process instead of trying to fraud her way into the US. -
Brainstorming Ideas on how to proceed
Marieke H replied to tennisFL's topic in What Visa Do I Need - Family Based Immigration
There are so many things wrong with your assumptions, that I don't even know where to start... How will you be able to "take her to Canada"? Why would it be quicker for her to get a tourist visa as an Indian national while visiting Canada? She is still an Indian national, and she will not easily get a visitor visa to the US. To get a visitor visa, she will need to be able to show that she plans to return to her home country, which she clearly does not. And then... Even if she would get a tourist visa to VISIT the US, she would be committing visa fraud if she would use her non-immigrant visa to immigrate to the US. You want her to immigrate. You apply for an immigrant visa. It will take a while. -
Brainstorming Ideas on how to proceed
Marieke H replied to tennisFL's topic in What Visa Do I Need - Family Based Immigration
You will be separated for a while, like most couples here. If she has a valid tourist visa, she may be able to come for short visits during the process. And you can visit her as well. -
To clarify my vote, my experience and satisfaction varied for each process. K-1: 4 (took long, and we got a very unclear RFE) AOS: 4 (another RFE; my birth certificate in 12 languages needed an English translation, while English was one of the 12 languages on it...) EAD/AP: 2 (horrible communication when I tried to expedite due to a job offer) ROC: 10 (relatively quick, biometrics and interview waived; this was during COVID) Average score: 5
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Brainstorming Ideas on how to proceed
Marieke H replied to tennisFL's topic in What Visa Do I Need - Family Based Immigration
You don't just get to pick the visa based on the processing times. You need to apply for the appropriate visa for the purpose of her travel. She can't immigrate on a visitor visa. -
I don't think you are getting what @Crazy Cat is telling you. You are currently in the CR-1 process. Your options are: 1. Continue with the CR-1 process. You can be in the US to visit, but you can't stay permanently yet. You will interview in Canada. 2. File for Adjustment of Status. This is a new petition, with new fees. You will be able to stay in the US, but you can't work or travel until you have your EAD/AP, which can take 8 months. This option definitely is not what I would recommend.
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I saw your profile picture show up under the recent VJ approvals, and I got so excited for you guys, and I had to go find the post where you shared the news! I know the I-751 was taking forever, so I am glad to hear that you are finally completely done with USCIS. Congratulations to you and Mrs Crazy Cat!
- 1,069 replies
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- n400
- citizenship
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(and 3 more)
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Even if you would withdraw the application, that doesn't mean that whatever triggered the RFE will just go away. If you end up submitting another petition in the future, for this person or someone else, USCIS will have access to previous petitions, and they will see the same issue and the RFE that you didn't respond to. If you do not address the issue that triggered the RFE, by obtaining the required documents, you will have 0 shots at ever bringing anyone to the US.
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You are aware that not everyone who goes through this process is on VisaJourney, right? There might be someone out there who has successfully petitioned 6, 7, 8, ... people. There is no limit, but a waiver may be needed sometimes. And of course, the petioner has to be financially capable of sponsoring another immigrant.
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RFE help
Marieke H replied to ReshSamir's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
It's difficult to help you if you don't tell us what you originally submitted. You're making everyone just guess what the issue could be. What did you submit as part of the I-864? -
There is no magic number of 5. All people were telling you, is that we have seen someone on this forum filing a 5th petition. There is no limit or magic number. If you want help here, you'll have to be more specific. What exactly was the RFE about? Which background question are you referring to?
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Why would your visits count against you if you would end up applying for a spousal visa in the future? It is normal that couples spend time together to get to know each other before they eventually decide to get married. As long as you are always honest about your intentions when visiting, there is no problem. Eventually, evidence of your visits to the US will be proof of having spent time together, which is needed for a spousal visa application.
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USCIS won't tell you when you are eligible to apply for citizenship. You just file when eligible. Filing N-400 may or may not speed up the I-751. Which service center is processing your I-751? Some are faster than others, but a processing time of 2+ years is not very unusual. You will find the service center on your receipt notice. You can check the processing times here: https://egov.uscis.gov/processing-times/. When you scroll down, you can also enter your receipt date (again, you find this on your receipt notice) and you can see when you are out of normal processing and can submit a case inquiry.
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please help - parents embassy interview (merged)
Marieke H replied to Tay123's topic in US Embassy and Consulate Discussion
An important lesson I have learned during my immigration process is that in order to be successful you just have to carefully read instructions, follow them exactly, and just do as you are told. Don't waste time wondering why they are asking for documents or a second interview or a translator. Don't bother trying to call the consulate to ask why a second interview is requested. They have reasons to ask what they are asking, and they likely will not share with you what those reasons are. Just follow the instructions. -
So any letter from a religious leader that you can provide will only say that a chaperone is required. You chose to not find a different chaperone; there's no way that there is only one approved chaperone. Forget about trying to get this waiver for the meeting requirement; your case is very, very weak. Get married and file for a spousal visa.
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It's not fair of him to expect you to wait around until he is ready to be in a relationship. Who knows how long that will take? And what if you don't want him anymore by the time he is finally ready? You are young, and there are plenty of other, less complicated guys out there. Take some time to figure out what YOU want to do. It makes sense to want to stay in the UK where you probably have more support from friends and family. But if you want to see what it's like to build a life in the US, you can totally do that. You have not been outside of the US that long yet, you can easily fly back.
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The K-1 seems like an odd choice in this situation. It would probably be easier to get married in the beneficiary's country, following all the cultural and religious requirements, and then apply for a spousal visa instead. If you do want to continue to pursue the K-1, you will know best who could write the needed letter; it depends on the culture and/or religion that prevents you from meeting in person. Make sure that the letter includes why even a chaperoned meeting would not be allowed. It will be incredibly hard to convince USCIS, so any official documentation that you have about your customs and culture might help. There really isn't a template for such a letter; it is very specific to your circumstances.
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Your wife's receipt notice for the I-751 should include a sentence about her LPR status being extended by 18 or 24 months. She can travel with the expired green card and the extension letter (if the extension is still valid). But yes, she can also have someone else go to the interview with her child if she prefers.