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Everything posted by Redro
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It sounds great until you realize: If the primary beneficiary’s petition is denied. No derivatives are issued visas. (Correct me if I’m wrong but that’s my understanding). Derivatives need to enter either WITH or AFTER the main beneficiary (we’ve seen issues with naturalization when the main beneficiary stayed in the home country or entered after one of the derivatives). Derivatives can and do age out. Now they have a longer wait or are left behind in the home country. People might think it’s “cruel” that LPRs are allowed derivatives and USCs aren’t. In my opinion it’s actually better to allow separate petitions. This allows each person wanting to come to the US to come based on the relationship to the petitioner… Of course, brother and sisters of USCs can include derivatives… but we are just comparing LPRs and their spouses and children vs USCs and their spouses and children. ETA if you are an LPR you can and should file an I130 for each of your family members (spouse and children).
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Sending RFE via mail from abroad
Redro replied to Coffee2Go's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I agree! We only sent things certified from overseas… You are generally dealing with multiple agencies (post office or third party FedEx partner etc) and in my experience just courier tracking was usually slower… But mileage may vary depending on the country you’re sending the package from… -
IIRC the second Hep B shot needs to be taken 6 months after the first. There are also multiple shots needed for other vaccines but for immigration purposes only the first dose is required. The medical from K1 is also valid for 1 year. Theoretically, if you get the medical, get the visa, enter US and adjust during the one year window you should be fine. I haven't ever read of applicants needing to receive more vaccines unless the medical doctor has indicated they did not complete all the requirements.
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I130a address history
Redro replied to Mikeobs97's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I would use the permanent home address. The one you received mail at. The one you returned to every weekend. Not the dorms. ETA make note of what you did for I130a because you will have to give your address history again in DS260. -
Another thing to consider is the age of your wife's parents. I remember another member having concerns about paying for health insurance and other benefits.
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Case at NVC, scheduled interview without knowing I had to wait
Redro replied to jawak's topic in Asia: South
I haven't read it yet. But, you might find this thread helpful. -
Case at NVC, scheduled interview without knowing I had to wait
Redro replied to jawak's topic in Asia: South
what are you applying for? k1, spousal ?? Please complete your timeline -
You would assume a couple married for 15 years would have their petition approved faster than a couple married 1 day. Or a couple from UK/ US would have their K1 petition approved faster than a couple from Nigeria/ US. But, that’s not true at all. All USCIS cares about is the submitted petition has all the necessary evidence: For K1 it is as simple as “have you met at least ONCE in the 2 years preceding your petition”. The “faster processing” is in the second part of the journey- where you schedule your interview. The Philippines consulate hands out K1s like Candy (I’ve read some people write) and that consulate is actually slower because K1s are so popular. The slow down for high fraud countries comes at the back end when the consulate requests additional evidence of relationship because they don’t believe it is bonafide. Busier embassies also have longer wait times to interview. The advice we give is to visit as often as you can. And my own personal advice is: if you suffer from anxiety I 💯 recommend spousal… after K1 you’ll have to adjust status and that’s another bag of nerves… and waiting… and wondering if you submitted enough… then wondering if you will be called for interview… then waiting for them to mail EAD/ AP/ GC. Not knowing when you can drive, work, see family if they fall ill in the UK. If you are serious about doing this the best way look at all factors. Not what you think USCIS wants. but the plan that is best for your relationship, your finances and your mental health. You’ve submitted the petition so start planning the next visit and figuring out next steps for your life in the US. Because above all I recommend at least one more visit. (Especially if you’re hoping for a November interview).
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There are issues with filing too quickly after first meeting but that actually applies to both the K1 and the spousal visa. I think of the K1 as “we would have gotten married and filed for a spousal BUT we can’t get married for X,Y,Z reasons”. This is why you file the intent to marry letter. You are showing the US government you are serious about your relationship. The downside of the K1 is there is no legal relationship so a failed K1 leads to the couple needing to marry and “start over” with the spousal visa. With “low fraud” countries- K1 vs Spousal is a matter of convenience- beneficiary cannot get married because it might impact benefits in home country. Or there is a child over 18 but under 21 and the couple wants the child to move to the US, too. The only times I’ve heard of issues for spousal visa in relation to UK and France is when the couple lives together in that country… But, all things considered for UK, you could have met and married and then then submitted the same evidence you would submit for the K1 (minus letters of intent PLUS marriage certificate). Continue to visit until interview… Either way, I wouldn’t worry. your case is your case.
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You are from the UK. You showed enough proof for I129F approval. As long as you have proof of meeting (boarding passes/stamps in passports in the last 2 years) - photos are weak evidence as they can be from any time frame as you referenced in your OP- you should be fine. Just keep on meeting when you can and wait for approval.
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So… you will have to file vaccine waivers for all 5 visa applicants. cost of waiver is about $1000 per applicant. It is understood you cannot submit the waiver until after the interview but one member submitted the waiver before interview and it was approved. He didn’t find out it was approved until 2 months later and hasn’t updated us about if the visa was eventually issued. Generally, you need to show aversion towards all vaccines not just COVID. You might want to hire a lawyer to write the waivers for you… but some members have written the waivers themselves. I’m sure you know “I don’t trust the COVID vaccine” is not a sufficient argument. You can read the post I referenced here: Another post you might find helpful:
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The entry stamp from Jamaica? Okay. I understand. So, did you know your son’s husband in the 90s or did you meet him later? When did he move to the US? Were you married before he moved to the US? If you are married when did you get divorced? When did he get his LPR status and how long has he been an LPR? can he naturalize soon?
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This was for a second trip to the US? Not your first trip? can you give a timeline of what happened? I’ve never received a stamp in my passport when leaving the US. how many years ago did this happen?
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File I407. File I130. wait. While you wait decide if you want to a.) Have your husband move back to the US to secure a job. b.) Save money and have it in your bank account in Italy or move it to a bank account in the U.S. (helps with intent to reestablish domicile). Currently your husband will need to make $39,000 for a family of 4 or 3 times that in savings. Your assets do not need to be in the US. You just have to show you are able to access the money in the US.
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Generally only parents and spouses can be qualifying relatives IIRC. @Family do I get an A?
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I will never reveal my secrets! But, bookmarking interesting cases and also- I searched K3/UK timelines for this one. We have a few on VJ but not all have a story..:
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How did you son’s father become an LPR? Through your son? Through a marriage? How did your son become a USC?