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Everything posted by NorthByNorthwest
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DCF Japan - Resubmission
NorthByNorthwest replied to TonyaJackson's topic in Direct Consular Filing (DCF) General Discussion
As I noted in your previous thread, the only ones I personally know that were accepted for DCF due to job relocation were already employees in the Japanese branches of their respective companies and had orders / expiring expat agreements requiring return to the US, not brand-new job offers. Times change though and they may have different criteria these days depending on workload and newer guidance, so don't let that discourage you. I'd suggest having a plan B though in case DCF doesn't work out, such as you going ahead first without the wife. Good luck! -
Application data is stored basically forever, but a DV application is only considered for the year/period it was filed for, anything else is bogus info.
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To add to all the advice already provided in the thread - once you have gone through the proper process and have the correct visa in hand POE is mostly a formality. If there were any issues with your application or travel history then the petition would not be approved or the visa would not get issued.
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Processing time and ESTA entry
NorthByNorthwest replied to Lesleylou81's topic in K-1 Fiance(e) Visa Process & Procedures
Echoing what the others already said, fine to travel on ESTA _before_ the visa is issued - I traveled to the US a mere week before my K1 interview, but once the visa is in hand the ESTA option is gone. -
Just to be clear, while your I-94 is valid you are lawfully present, if you file I-485 (after getting married) your status changes to being in period of authorized stay once the I-94 expires. That's the gray zone of immigration where you are not accruing unlawful presence, and you can not leave the country until you have an approved AP/I-131. And of course you can't work either until you have an approved I-765.
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Bank account question
NorthByNorthwest replied to Lesleylou81's topic in Moving to the US and Your New Life In America
More info on Amex option: https://www.americanexpress.com/en-us/company/about-us/moving-abroad/?intlink=us-CMS-GCRusa - helps with getting a credit card despite having no US credit score. Note that this is only useful once you're in the US. For general banking, HSBC is also pretty convenient for multi-country accounts: https://internationalservices.hsbc.com/life-abroad/move/ Not sure if they will let you get a US account before you're actually in-country either... -
1) She must already live in the US, or show plans to establish domicile in the US no later than when the beneficiary enters. 2) Yes, she needs to meet the income requirements, unless she can qualify by assets alone. Otherwise a joint sponsor is required, who needs to be in the US already and is a US citizen or LPR. This precludes you being a sponsor even if you are in the US on a TN visa.
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FOIA USCIS
NorthByNorthwest replied to Plumshirt650's topic in General Immigration-Related Discussion
It is very common for any broad-scope FOIA request to have information redacted, that by itself is not cause for any concern. It can be credit card numbers used to pay for travel, names of assigned agents working on your file, etc etc. As others have suggested, stick to being completely truthful and you should not need to worry. If there was a serious issue you would not even make it to the naturalization interview stage. -
It will depend on the workload at your local office + background check turnaround time. Expect delays if there's a government shutdown... I take it you filed under the 5-year rule and not the 3-year one? For me it took almost 4 months to the day from application to interview+oath, at the time of application the estimate was also around 7 months. This was also with reused biometrics.
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Tokyo DCF Denied
NorthByNorthwest replied to TonyaJackson's topic in Direct Consular Filing (DCF) General Discussion
Without knowing what evidence you provided - just having a job offer back in the US isn't really enough for DCF - friends that went through that process were all on temporary assignment and were able to show that their current employer needed them back in the US ASAP, none were in the eikaiwa business. It will also be a factor how long you've been in Japan to determine if you (still) have a US domicile. Denied DCF should not be a blocker for visiting on ESTA, does she already have one? Round-trip tickets and anything showing that both of you have strong ties to Japan will be helpful. -
Typically NVC only gets involved after USCIS has approved the petition. If the I-130 was approved in October 2010 that is bad news from a CSPA perspective as the petition was only pending for about 22 months, so that's what you get to subtract from the age on the day a visa becomes available. F4 priority dates for India have only advanced 18 months in the past 5 years, so at this point it is highly unlikely that a visa will be available before aging out.
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Yes, you need to wait until you've lived three months in your current state/district: Applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).
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No issues, even if she got the visa in the old passport and later renewed her passport she could still travel to the US with the two passports together as long as the page with the still valid visa in the old passport is intact.
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F2A - CSPA please advise
NorthByNorthwest replied to Iphone user1's topic in National Visa Center (Dept of State)
Since F2A was current in February/March 2023 and only in April started retrogressing it looks to me like your brother got lucky and should be locked in at CSPA age 20 since you filed for the visa immediately.