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Everything posted by Redro
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Our favorite lawyer Mr Hacking had a case on his show a few months back with the same issue. I believe the petitioner moved to a different state, sued the government (through Hacking) and then managed to get a visa issued. Caller called into his show because green card had not arrived months after arrival…. Turns out they had entered country through Texas and requested the card be sent to Texas address…. Not sure how it all shook out in the end but @Qurat make sure you don’t move to Texas after the visa is issued… you really have to move to another state.
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Ways of slowing down the process?
Redro replied to CZ Sam's topic in K-1 Fiance(e) Visa Process & Procedures
I’m so sorry you and your partner are going through this. Thinking of you both at this time. -
Does overstay in Canada affect CR-1?
Redro replied to AlexSH's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
It won't impact her CR-1 decision. One thing will be to make sure she gets her police background check from Canada as I assume she has been in Canada for over a year? -
@Mdvivori 1.) When you were DQ'ed at NVC did you get the "We can't determine if your income qualifies, the CO might request a joint sponsor?" 2.) They might accept the letter they might not. But, you won't be able to change the number of members in your household (stepchildren will count if they are in US or Philippines) so taking one less person to the US won't work.
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Ways of slowing down the process?
Redro replied to CZ Sam's topic in K-1 Fiance(e) Visa Process & Procedures
Oh that makes it easier! They should consider getting married now (via Utah if they can’t get married in her country for whatever reason) that eliminates the need to travel back and forth to US. And they only need to visit US in 2024 for the wedding celebration… hopefully wife to be has esta or tourist visa already. If they’re living together with no rush to move to the States they can spend more time in her country with her mom. -
Ways of slowing down the process?
Redro replied to CZ Sam's topic in K-1 Fiance(e) Visa Process & Procedures
Can your fiance apply for ESTA or does she have a B1/B2? If so, have you considered - marrying your partner now (just signing paperwork). Starting the I-130 process and then having the ceremony in September 2024 (without having to sign paperwork?). This way your fiance will be your wife. You will be able to travel to the US and she will be able to travel back and forth while waiting for her immigrant visa... Your partner's mother will also be able to celebrate your marriage ceremony in her home country in case she isn't able to travel to the US in September 2024... Just another thing to consider... -
You need to be precise with your words because here as @pushbrk likes to say "words matter". Make sure you file the last three years of taxes. Get up to date before you submit anything. If you currently live overseas but your employment will continue once you return to the US make sure you upload a letter from employer confirming continuation of employment. There is no point in "rushing" this part of your process if you're going to receive an RFE for incomplete documentation. Be careful and deliberate. I'm not sure it continues to happen but when NVC flags a mistake they stop looking at your documentation and will only flag the next mistake after second submission. Many people have lost a year to NVC RFEs...
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I-130/A address too lengthy
Redro replied to andreaphilippus's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
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Concurrent Filing
Redro replied to Mr&Ms.Walsh's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Only submit the forms they request for filing the petition. You only submit I-864 if you are planning to adjust status and beneficiary is inside the US. -
I-130/A address too lengthy
Redro replied to andreaphilippus's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
This looks fine. Did you add hyphens to the street number and name section? For physical address 2, I wouldn't partially fill out the address. Just write "See part 7" and write the address down in there. -
I-130/A address too lengthy
Redro replied to andreaphilippus's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Encountered a similar issue with Korean addresses. Did the same thing for I-130A. Petition was approved with no RFE. Will also suggest you look at alternate ways to write the Japanese address (I think we omitted name of apartment) and just wrote down apartment number/building name. -
Canceling K-1 Petition to Shift to DCF
Redro replied to nierse's topic in Direct Consular Filing (DCF) General Discussion
It depends on the consulate. I believe UK is super relaxed... a year or so ago someone started messaging the consulate to enquire about DCF. Then was rejected. Then requested DCF with a part time job they applied for after first rejection. Managed to use husband's income (the beneficiary) as that job would continue in the US. There is another couple going through DCF in London. They have just gotten married after her divorce was finally finalized. And they will be going through DCF. -
Need Help With This One
Redro replied to Stubmeister's topic in Bringing Family Members of US Citizens to America
Aside: Mr Wonderful might have been scamming your wife’s daughter because (I believe) the process to move to the UK is fairly onerous. If they were planning to marry in the UK she would have had to apply for a marriage visa. And I believe for the visa to live in the UK she would have had to complete an English language test… if she falls in love with another foreigner make sure she researches the process for moving to that country… -
Which line when entering US as family, US citizen with Foreign Spouse?
Redro replied to garebear397's topic in Tourist Visas
Now that I think of it… they’ve moved tourists to the USC/LPR line when the majority of USCs had been processed… didn’t think of that time because initially they separated us! -
Which line when entering US as family, US citizen with Foreign Spouse?
Redro replied to garebear397's topic in Tourist Visas
Different at different airports. At Boston airport USCs, LPRs, ESTA, B1/B2 all entered the same line and went to the same kiosks. In Detroit we went together through the tourist line when I activated my immigrant visa. But, when I was traveling as a tourist the husband and I went our separate ways and he would go through USC line and I would go through the tourist line... CBP always knew I was traveling with him and I would point him out as he collected our bags. -
Need Help With This One
Redro replied to Stubmeister's topic in Bringing Family Members of US Citizens to America
Daughter cannot stay in the US if she is over 21. No grounds to adjust. There are no visas available in her category (adult child LPR). If you married her mother before her 18th birthday I believe she would be the adult child of a USC. But there are no visas available in that category, too. She needs to leave before she is out of status. As she cannot stay in the US and wait for her visa to be current (can't adjust when out of status). You cannot do anything to help her stay in the US. Sorry. ETA: Make sure she leaves before her 6 months is up. Or she won't be able to visit her mother (visa will be revoked). She might also gain a 3 or 10 year ban (depending on how long she overstays). -
I'm sure when you say you got your 10 year GC before the 2 year expired you mean before the extension letter expired? 2 year GC would have expired November 2018. But, you posted in 2019 you were still waiting for your 10 year GC.... Did you receive 10 year GC with or without interview? And had you filed for divorce before you received the 10 year GC? I know you said you divorced in 2020... but there are 12 months in the year... and depending on the state a divorce can take a year or so before it can be finalized... I ask questions because I am trying to help you figure these things out and prepare you for the questions a lawyer will ask when you consult with them... But, the easiest solution is to get your A-File so you see what USCIS sees...
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I think because you don't remember many things clearly. You should request your A-File. Go here: https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act Then once you read your immigration history and the concerns of the CO you can decide if you should apply for citizenship again. We can try to help you but as @African Zealot says we are not helping here because your answers are vague/ you don't remember things clearly so the only solution is to pull your records. Final question: Did you pass the English test and the Civics test?
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Questions: What date did you get married? When did you apply for adjustment of status? When did you receive your GC? How many years did you receive/when did it expire: 2 or 10? (When) Did you apply for removal of conditions? When did you receive 10 year green card? When did you divorce (how many years were you married)? When did you apply for citizenship.... Reading your first post... the officer suggested you withdraw the N400... but did she tell you anything else about why she believes you should withdraw/did she ask you any other questions? I would request a FOIA (freedom of information act)- information about your immigration history and comments about this interview and previous interviews as it appears due to your "jet lag" and being "not conscious" you do not remember the interview well... and it will be a good refresher and will help you decide IF not WHEN you should apply for US citizenship...
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Assets no longer accepted?
Redro replied to Patrick_M's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Foreign income only counts if it will continue in the US. And you need to show proof it will (letter from company). One can also use beneficiary’s income if it will continue in the US.