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Everything posted by NorthByNorthwest
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Either someone is scamming your fiancé or he's not telling you the truth. Like the others have said there is zero chance he'd get an H1B visa without an existing job offer. If he applied for a visa through some sort of agency or other middleman chances are high they're simply scamming him with promises of a visa if he just pays "one more urgent handling fee" or something along those lines.
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The paragraph quoted by @JeanneAdil is for standard visitors and does not apply to people relocating to the US, that's covered under CBP form 3299: https://www.cbp.gov/sites/default/files/2024-05/cbp_form_3299_0.pdf. I had half a container of stuff including a 70" TV and some very expensive bikes - no issues, didn't pay a cent, but my mover handled all the paperwork. All descriptions were on a per-box basis, not per-item, for example "Clothes", "Shoes", "PC items", "Toys", "Kitchen Machines". They did caution me to not include alcohol since that could delay clearance, so my coworkers got 25 bottles of very nice Scotch, not worth the potential hassle though they were worth a few thousand dollars.
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This seems mainly like an issue with your agent rather than anything else. There is no 850 GBP limitation for used household goods that you are bringing with you - technically you could be required to prove that you have owned the items at least a year, but that's pretty much it. Is your agent treating this like a general shipment of goods rather than household goods for a relocation? They are supposed to know how to handle the paperwork but it sounds like their online system is limited. I wouldn't worry about not finding exact matches to all your stuff, just go with the closest match.
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Never rely on ChatGPT for providing factually correct answers, that's not what it's for. Like you already discovered, Israel and Portugal are from different regions and unfortunately your entry will most likely be disqualified: 9 FAM 42.33 N4.3 Errors in Choice of Country of Chargeability (CT:VISA-1478; 08-26-2010) If the entrant chooses the wrong country of chargeability at the time of the initial entry, the error will generally be disqualifying. However, if a DV applicant chooses a country of chargeability during DV registration that is within the same geographic region (one of the six) as the correct country of chargeability, and you determine that the applicant gained no benefit from his or her error, you may continue processing the application. You can certainly try to continue the process while clearly stating your mistake, but you will probably be wasting your time.
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Dual citizenship
NorthByNorthwest replied to Esthersg16's topic in US Citizenship General Discussion
Last I read about it Spain does not permit dual citizenship in general, but if you are born in Spain you can keep your Spanish citizenship after acquiring US citizenship _if_ you declare your intent to do so within three years of acquiring it. -
What did the petitioner state in the I-129F? For Part 3 section 2 only arrests or convictions are covered, so I assume he answered No there? Even item 4.a states "arrested, cited, charged, indicted, convicted, fined or imprisoned". It is unclear what you mean by "falsely accused". If there was a formal charge I believe a prosecutor would have filed those charges and there would be a record. If it was just a matter of someone stating to police that "Person X did Y" and there was no charge filed I don't believe you have to answer yes to that question.
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Were you born in the UK? For US immigration purposes your citizenship at birth is what decides the timeline, but as long as you were not born in India or China your PD should be current.
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There are several European countries that require transit visas for certain nationalities unless those people possess a valid US visa, so there are cases where (somewhat counterintuitively) having a K1 visa yields benefits traveling through other countries.
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Citizenship question
NorthByNorthwest replied to KYICGM's topic in US Citizenship General Discussion
That timing doesn't quite add up... -
If you think he'll be in the US well before October 15 I'd just file IRS form 4868 to get the automatic 6 month filing extension, have your spouse tick the box for getting a SSN on his DS-260 and not bother with amended return or ITIN at all, but if you're DQ I'm guessing you already submitted DS-260? What did you state on there for SSN?
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The proces The process is pretty straightforward for the parents as long as you meet the income requirements for sponsoring them. The more complicated issue is usually how to handle healthcare for elderly parents, especially if they are over 65 with no plans to work or if they have chronic health issues. There are plenty of useful threads on this topic if you search the forums here on VJ - there are significant differences between the states that affect the costs involved and support services available. As the others have stated, it would likely take at least 20 years for you to sponsor your brother vs. 10+ years if your parents sponsor him once they are in the US. It is unlikely that you'd be able to expedite these timelines.
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Applying for citizenship
NorthByNorthwest replied to Ani2's topic in US Citizenship General Discussion
Out of the 5 years you need to have been present in the US for at least 30 months, with no single trip longer than 6 months. 5 months total outside the US is no issue whatsoever. You also need to have lived at least 3 months in the state where you file, that's about it. -
B2 Overstay
NorthByNorthwest replied to Worldtraveler222's topic in Adjustment of Status from Work, Student, & Tourist Visas
While his I-94 is unexpired he has lawful status. The second the I-94 expires he moves to unlawful presence and is deportable, but once you file I-485 (in your case it would be concurrent filing of I-130 and I-485) and the filing has been accepted by USCIS he moves to being in a period of authorized stay and unlawful presence is no longer accrued. The I-797 is his proof of authorized stay at that point. Since he's in an immigration gray zone at that point he needs Advance Parole to be able to leave and reenter the US at that point until AOS is approved. Note that you will face questions at the interview about adjusting from B2 since it is illegal to enter on B2 with the intention to AOS. -
As long as the TPS status of her country remains active (and she regularly re-applies) she is lawfully present in the US and does not need to go back. However, if the TPS status of the country is terminated she would need to leave while waiting for a visa to become available. Note that F1 availability for unmarried adult child will likely take at least 10 years at this point, plus if she gets married she moves to F3 which takes at least 15 years. All of that hinges on the fact that her last entry into the US was lawful (on tourist visa). The overstay timer is stopped while she is on TPS, and overstays are forgiven for immediate relatives anyway, but a lot of things can change during the 10-15 years the process will take, there are no guarantees.
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Passport length
NorthByNorthwest replied to Captain America87's topic in Bringing Family Members of US Citizens to America
A Haiti citizen needs a visa to visit the US, the allowed period of stay will depend on the visa. For a B-2 visitor visa the period would typically be 180 days. -
Biometrics
NorthByNorthwest replied to AMG32id's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
What kind of petition is it, and are you the petitioner or beneficiary? Your timeline suggests that you would have been through biometrics before, but it's basically fingerprinting, photo and signature collection. Should take no more than 5 minutes once it's your turn. What form are you referring to? -
Use Of Advance Parole Whilst AOS
NorthByNorthwest replied to Cisse913's topic in Working & Traveling During US Immigration
I reentered the US over 20 times while on AP, no issues. The only realistic risk of not being admitted is if the I-485 was found to be abandoned while outside the country, for example by missing biometrics/interview appointment or not responding to an RFE in a timely manner. Being out for max 2-3 weeks should be no issue at all. You just need to be aware of the likelihood of ending up in secondary inspection every time you reenter on AP - if you're flying with domestic connections ensure you book flights with sufficient stopover. Personally I would not do anything less than 3 hours if traveling on AP with checked-in luggage.