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Everything posted by Redro
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So, did OP make an error submitting the information at USCIS stage? It seems like maybe she should pursued permission after submitting the I-130s for her family members to avoid this issue? I'm not well versed in custody disputes but from the limited information given I believe moving her daughter to the US would be contentious even without the already established paperwork...
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Where do you plan on living and working after you complete your PhD? Back to Sweden or back to your home country (forgive me if my assumption you are not a Swedish National is incorrect).
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Applying for an expedite won't delay your case. It might delay your case (at a later stage) if you inform them your daughter can only permanently move to the US based on the timeline and agreement you provided at USCIS level. The CO at your daughter's interview might request an updated agreement or a letter from her father stating your daughter is still allowed to leave to move to the US permanently. Because they are aware the agreement in its entirety has not been met... But, the CO might request that even without requesting expedite if the language of the agreement to allow your daughter to move isn't in the format they usually require... So, if the father enjoys being difficult obtaining the updated agreement/letter might delay the case.
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When COVID happened many people were stuck in the US (through no fault of their own)- the US didn't care. People were hit with overstays even though there were no flights out...They were told they should have left the country or applied for an extension...
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I-864 Assets Question
Redro replied to seekingthetruth's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Thank you for finding it @Adventine... I was sure I had seen it but forgot where... as stated before we only showed about 6 months of statements at NVC. -
When did you file the I-130s? Ignore USCIS processing times and expect visas to be in hand 18-24 months after you filed. You also might not be successful because processing times aren’t stable (as you’ve seen) and the processing times might DECREASE while your expedite is awaiting adjudication leading to a denial…
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I-864 Assets Question
Redro replied to seekingthetruth's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
We used assets and did not show they had been held for 12 months. BUT, I think people get confused and take the instruction the assets should be held for the 12 months prior with the actual rule in the I864 “Financial sponsors can only include assets that are convertible into cash within one year and without considerable hardship or financial loss to the sponsor and his/her family.” Although, I feel I have seen the 12 month rule on the USCIS website but I might also be confusing the same two rules. -
Probably not all of the petitions just the one... but I don't know if USCIS will look favorably on "I want my daughter to leave the UK before her father changes his mind." It would sound like a custody dispute/ the father only agreed to the child moving to the US temporarily. Also, I believe the I-130 is just the petition to establish whether the person in question is allowed to apply for a certain visa. The documentation you obtained is only at a later stage ( I believe at NVC or interview).
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DS5535 is for additional vetting. Unfortunately AP of this type has no timeline. People from all over receive this paper but they do focus on people from certain countries and certain professions. The Canada Forum has a DS5535 thread and most people appear to file a mandamus lawsuit after 4-6 months... Here are some threads more threads explaining things
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Saving in Lieu of earnings? I-130
Redro replied to Eduardo 209's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You need to show proof of savings. The last 12 months of bank statements showing the amount. If the money is in a foreign account you'll need to indicate how much is in the bank in US dollars. -
One can only transfer the case if they have residency in the country their applying to change to... So, it wouldn't matter if AP occurred in the home country or in the new country. If your petition is being processed at the National Visa Center (NVC), contact the NVC to request the transfer. NVC will transfer cases to another IV processing post if parties provide a written request along with the address in the requested country and the proof of eligibility (citizenship/legal residency in the requested country or other documentation). This can be provided at https://nvc.state.gov/inquiry. In limited circumstances, NVC may need to contact you for additional eligibility requirements. Note that transferring your case might not result in immediate processing as cases are processed in order based on the date the case became documentarily qualified. So, you need to show proof you are eligible to interview in the new country and you need an address in the new country. Going into AP won't impact anything as you are showing NVC you have a place to live and you will not have to leave because your stay expires...
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I don't want to Lie about police clearance
Redro replied to FONA's topic in US Embassy and Consulate Discussion
If you are selected you have to complete the DS260 Truthfully. Explain the situation and you have to submit your police reports. I believe if you were arrested you have to submit the arrest records, too. Whatever you do… don’t lie. -
You should pay the $370 to extend her stay and you should research possibilities of TPS…DONT DO NOTHING because you don’t want to spend the money. You don’t want to cut off the possibility of your MIL coming to the US in the future (as a tourist) or stopping your MIL and her children escaping Sudan and moving here because she overstayed and now has a ban from returning to the US…. The ability to pay a fee and extend the stay is because USCIS knows things happen and they are giving you the opportunity to keep your MIL in status.
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Is your spouse a USC Or LPR? Your MIL might qualify for TPS status https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-sudan
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AoS & AP Timelines
Redro replied to Kawika & Michelle's topic in Adjustment of Status Case Filing and Progress Reports
Has the USCIS fee change occurred already? Before filing for AP was free for K1 AOS applicants. ETA your looking at averages… processing times are all over the place. Some people are being approved under 6 months whilst others are wait over a year for AP/EAD and GC. -
I think people are mostly responding to the content of his tweet. The words I put in quotes in my OP. He might not have known that... but one of the issues people are talking about is this might encourage vigilantes to go out and "take care of" undocumented people themselves... IDK. I hate when a story devolves from the actual crime and trying to create policies to correct the problem to word choice issues... But, IMO his choice to (incorrectly) paint all the victims as "illegals' and omit mentioning the status of the shooter is just not a great choice. Gun laws really need to be enforced though... How was he able to access a gun? Then in one of the stories it mentions the family had called the police 4 times and it took forever for them to respond because they lived in a rural area... Just a tragedy all around...
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What type of details are being requested? And is your husband filing for his mother to come over on a visit or come over to live permanently? I believe you cannot petition a parent if you are an LPR you have to wait for citizenship. You use the word "visiting" so I think they might just be applying for a tourist visa? I would not give any details as your STBX MIL is responsible for her own process and cannot be "sponsored". And you do not have to "sponsor her" or be responsible for her... she will have to show the consulate she can look after herself in the US and that she will return to her home country.
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https://www.theguardian.com/us-news/2023/may/01/texas-mass-shooting-victims-cleveland-greg-abbott “I’ve announced a $50K reward for info on the criminal who killed 5 illegal immigrants Friday. Also directed #OperationLoneStar to be on the lookout. I continue working with state & local officials to ensure all available resources are deployed to respond.” Thoughts? Apparently the shooter had been deported 4 times and was undocumented, too.
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@MarJhi has not seen his fiancée for a long time… and they received the visa from Manila… @mapo was this the first time you petitioned someone? Was it the first time your partner was petitioned? I would ask her again about the questions… maybe you can understand why they requested a second interview and what they will focus on second time round… ETA… I see you might have put the process in hold… I can see why they might want to have a second interview. Are you planning on seeing your partner before the second interview?