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Everything posted by Redro
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Unfortunately pregnancy is not a reason to expedite and one can argue having a child is a choice (not a reason to expedite either). NVC appears to be moving quickly. I believe they are reviewing documents submitted a month ago. So, once your case is transferred to NVC hopefully you won’t have to wait more than 3-4 months. You should check the Morocco portal to see the time between NVC and interview. https://www.visajourney.com/timeline/k1list.php?cfl=0&op1=3&op2=d&op3=5&op4=1&op5=5,6,8,10,11,13,14,15,16,17,18,20,21,22,25,26,27,28,108,110,111,208,210,211&op6=All&op66=All&op7=Morocco&dfile=No&adv=0 This thread is a little old but maybe if you ask on the thread you will get an updated response.
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You need to apply via the embassy. I believe they don’t allow people to adjust from tourist visa to F6 anymore… call or email the embassy and they’ll give you the details on how to apply. https://www.google.com/search?q=apply+f6+visa+overseas&rlz=1C9BKJA_enKR961KR961&oq=apply+f6+visa+overseas&aqs=chrome..69i57j0i30i546j0i546l4.16060j1j7&hl=en-US&sourceid=chrome-mobile&ie=UTF-8
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petition and travel
Redro replied to Mattmc1986's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Read this... You can delay the case at NVC stage... Another member (from the UK) never started the visa process after the petition was approved and was able to pay the fees after 2 years! But, I don't recommend that route. -
Your passion for your relationship is admirable @KingJames234... members here are just warning you about potential issues so you can best prepare yourself. And think about it, USCIS will not tell you what NOT TO DO if they are trying to stop fraud... LPRs are allowed to file for their spouses if they've been divorced less than 5 years if they produce a waiver... USCIS will not outline the indicators of fraud because then people will make sure to navigate around those indicators1.) waiting until they are USCs before divorcing 2.) make sure they are divorced X amount of years before"meeting" someone from their home country... 3.) making sure that partner doesn't adjust and they go through consular processing... We are telling you about the red flags your case already has. Everything could work out without issue but the members here are trying to tell you to not AOS or to make sure you are 100% about this relationship if you've just met the person because USCIS might suspect alternative motives behind your petition and you petitioning your partner.
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Suspicion might still arise because of the red flags @Mike E mentioned. You should tell your friend to really think about his future with his partner and consider the alternative of living back in their home country OR Scotland if it is viable if consular processing is dragged out (due to USCIS scrutinizing the case). One thing VJ is great at is preparing you for the worst case scenario. As it stands, everything could workout BUT sometimes USCIS will pick a case to investigate and leave the couple no choice but to relocate to another country. Good luck! And tell your friend I am happy they found happiness so soon after the end of their previous relationship.
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You don't think there is fraud but those 3 factors will make USCIS scrutinize the case. They might sit on the approval of the I-130 and/or I-485. If your friend is serious about this relationship I suggest they marry and go through consular processing. Staying and adjusting when she has a life in Scotland is problematic. Adding to this, the more people who stay and adjust the more people from your friend's country will find it difficult to obtain tourist visas because the consulate will assume they will stay and adjust even if they have ties to their home country/ country of residence. If anything else, getting married and then consular processing will allow your friend's spouse to work as soon as she enters the US as an LPR adjusting might leave her in limbo where she cannot work or travel for 1-2 years.
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How the heck do I change the address?
Redro replied to Alex&Nayden's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Leave it. It won’t impact the approval of the I-130. You can update your address at NVC stage. the only way to update the address is with the paper form… but that’s a hassle and not necessary. -
Make sure you have the timing right. Will she complete her studies in Canada or will she transfer to the US? When do you plan to file the I-130? My suggestion is to file as soon as she arrives to Canada and then delay at NVC stage if she wants to complete her studies in Canada. Or have her enter the US once the visa is issued and apply for a travel permit allowing her to stay outside of the US for 2 years.
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Visitor visa while pending I-130
Redro replied to Petersaad1's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Best bet is to look here: https://eg.usembassy.gov/visas/ -
Visitor visa while pending I-130
Redro replied to Petersaad1's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
ESTA is the visa waiver program for certain countries. I believe Egypt is not one of those countries. currently, wait time for a visa interview in Cairo is 93 days. If your wife would like to apply make sure she has sufficient proof of ties to her home country and I believe she has to take the marriage certificate with her to the interview. good luck! -
Visitor visa while pending I-130
Redro replied to Petersaad1's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Where is your wife from? Does she have access to ESTA? If you give more information we can tell you if you’re likely to succeed. A few people have received a visit visa while others have not. a denial of a tourist visa will not impact the I-130 approval so if there is little to no waiting time at the embassy she will interview at and if she doesn’t have access to ESTA you should apply. -
"NRA" instead of ITIN on tax return?
Redro replied to ar & rk's topic in Tax & Finances During US Immigration
Yep… (in my experience/filing 6 years in a row) you can’t e-file with an NRA spouse. We tried multiple tax softwares and had to paper file every time. -
I suggest you read through this forum. You'll see all the issues people encounter once they apply for the visa. https://www.visajourney.com/forums/forum/83-national-visa-center-dept-of-state/ Follow the monthly NVC threads and see what people submit and the documents NVC requests when they are not successful. There are quite a few members who move live in another country with their spouse and then move either before their spouse or with their spouse. Unfortunately, US Immigration doesn't care about your personal situation. There is a chance you'll be able to move April 2024 but there is a chance USCIS sits on your approval and for whatever reason the NVC stage takes 6 months to a year. Do as much research as you can so there are no issues at NVC stage. Good luck!
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Our I-797c notice said Nebraska, too. Turns out we were at Vermont. You can’t really know for sure and I wouldn’t pay attention to processing times and SC timelines because they aren’t accurate. For your own sake, I suggest you plan for 1 year at USCIS. If your petition is approved before that be grateful. My husband and I moved to the US when my visa was approved. We planned our move around the immigration timeline… we didn’t plan our life hoping for the best case scenario. Read the NVC forum on VJ to find out the common issues that happen at NVC stage. Even though you have foreign income have you written a letter stating you have no W2s? Is your joint sponsor married? Do they file their taxes MFS or MFJ? Make sure you have all the supporting documentation if they file MFJ because one missing paper leads to an RFE and a reset of the NVC waiting period.
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The petition might not be in Nebraska. It might take longer than 10 months and having all documents approved first time round at NVC is not guaranteed. It sounds like you are currently living overseas and have dependents. Do you have sufficient assets or will you be using a joint sponsor? I would study the requirements for domicile and I-864 supplementary evidence before the I-130 is approved so you're approved at NVC after first submission. ETA: Get the Korean Background check NOW. And make sure you get the correct Korean Background check as different forms are produced for Koreans, non-Koreans and those living overseas. Make sure your wife does not go to Korea after she receives her PC from Korea. Get the Japanese background check as soon as the petition is approved. It takes a few days for NVC to receive your information and you cannot upload documents until you've paid the fees.
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You need to look at the BIG picture: CR1/IR1 cases out of Islamabad are people who filed when they were already USCs AND people who filed when they were Green Card holders but have since naturalized. There is a big backlog for both and the backlog is compounded when GC holders become USCs and have a PD that supersedes people who filed as USCs. Only USCs can submit a K1 petition which means smaller number of applicants. This doesn’t mean K1 is the better choice for Pakistan… some K1 cases are denied and the couple then has to get married adding to the number of CR1/IR1 applicants.
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I wouldn’t worry about photos at the interview stage. Your husband can take some NEW photos if you visit him between NVC stage and interview but otherwise it shouldn’t be necessary. They probably won’t take the photos when he gets to the embassy, they’ll be more interested in civil documents and financial support.
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RENTAL CONTRACT is the most important thing. They asked my husband "when are you returning to the US?" When he starting answering, they wanted proof he had made plans to return. Your voting records and bank statements are helpful for NVC stage but at the consulate they want to see proof YOU the USC have a firm plan to move back. As you know, it is easy to vote from abroad AND it is easy to maintain a US bank account from another country. They want to see proof you've made plans to move back and move back SOON.
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You’ll be scheduled for interview… at interview your wife should give the CO updated financial records showing you have sufficient assets. Depending on the embassy the CO will either accept the assets or request you obtain a joint sponsor. depending on how confident you feel either 1.) upload a joint sponsor to CEAC before interview 2.) Take joint sponsor paperwork to interview AND DONT SUBMIT unless requested or 3.) Take updated financial information to interview. We were in the same boat and went with option 3 because I was aware our embassy would accept savings.. ETA Are you in the US now or another country? Domicile could also be an issue at interview if you don’t have sufficient proof of returning to the US
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K1 vs CR-1 question
Redro replied to GoSox's topic in What Visa Do I Need - Family Based Immigration
I think the only people who really regret CR1 over K1 are those who have a relationship breakdown just as the beneficiary enters the US and because of timelines the CR1 converted to a IR1... but that's a totally different story and the couple is no longer a couple... -
K1 vs CR-1 question
Redro replied to GoSox's topic in What Visa Do I Need - Family Based Immigration
I-130 is filed by couples who met IN THE US (think people here on work or student visas) AND people who've met OVERSEAS and live together OVERSEAS before deciding to apply for the immigration benefit AND MOVE TO THE US and ALSO couples who've met, have never lived together and want to live together in the US... If you stick around you'll see some couples are approved with proof of meeting a few times, a few photos, and the marriage certificate. Some couples have even been approved with JUST the marriage certificate (although I don't recommend sending in no evidence).