Jump to content

beloved_dingo

Members
  • Posts

    1,255
  • Joined

  • Last visited

Everything posted by beloved_dingo

  1. Did you include an explanation regarding how your finances are handled? Not trying to be a Debbie downer and you may be completely fine, but quite a lot of the RFEs we see are related to lack of financial comingling. I personally would not have been comfortable sending 3 credit card statements total (and none from 2023), without any further explanation or documentation of household finances. Affidavits are also fairly weak secondary evidence. The reviewing officer may wonder, based on what you have listed, how marital bills are paid, whose name the bills are under, whether either of you are beneficiaries of the other's accounts (retirement or otherwise), what the living situation actually is (because one 6 month lease and a copy of a homeowner's insurance policy does not paint a clear picture), etc. For the record, if you are providing IRS tax return transcripts, you do not need to provide any of the tax return documents. And tax transcripts are preferred.
  2. I do think your relationship is salvageable, so I do not see your situation in as negative a light as some here, but your assessment of the "sunk cost fallacy" is unfortunate. There's a balance to all things in life, so of course in many cases the right choice is to work on your personal relationships and try to resolve issues. But it is not "Christian" to stay in a toxic, abusive, or unhealthy relationship. I am not saying your relationship falls in any of these categories (only you and your fiancée/family can truly speak to that), but dismissing this entire concept as "unChristian" is strange to me. You mention that there is "so much divorce today" but the divorce rate in 1950 was ~2.5 per 1000. The divorce rate in 2020 was ~2.6 per 1000. Your perception about divorce seems wildly out of touch. And in fact, I would argue that we are significantly better off now than 1950, considering the improvement in women's rights, the trend of marrying later in life, and there being less pressure overall to marry. Applying the sunk cost fallacy to interpersonal relationships is simply a reminder that you do not lose anything by ending a detrimental relationship. It is not an excuse to be selfish and drop people on a whim just because things get hard.
  3. While I agree that a certified copy of the naturalization certificate can be accepted, the process to obtain one involves making an appointment in person at your local USCIS office. My "local" office is a 2 hour drive away. For some it may be closer, for others even further away. I looked into it anyway before we went to the passport appointment, but we decided against it because the State Department website also says "In some cases, you may be able to submit a certified copy of your citizenship evidence". I'm not personally a fan of this ambiguous language. In the thread you linked, the person detailing their experience noted that it took over 3 weeks to even get an appointment with USCIS scheduled, he was at the USCIS office for over 2.5 hours, the agent at the passport office initially didn't want to accept the certified copy, and a supervisor had to get involved to successfully process the application and get the passport.
  4. No, rescheduling will only provide a later appointment, not an earlier one. 2 months will fly by.
  5. My husband just applied for his passport last week. You have to give them the original (and a copy). They return the original in a separate envelope after the passport is processed but unfortunately it is sent regular mail, with no tracking. Edit: We also made several copies of the original to keep so we at least have something on hand in the meantime.
  6. Current income is king for the affidavit of support. Unless he is self-employed, current income is demonstrated by providing recent paystubs and/or a letter from his employer (on letterhead) stating his salary.
  7. I wouldn't play with fire, just sign the form with a wet ink signature and then scan the form for the beneficiary. "Starting January 1, 2017, the National Visa Center (NVC) will accept photocopies and scanned versions of signed Forms I-864 and associated documents. Please note that the form must still be signed; typed names and electronic signatures will not be accepted." From this link: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visas-news-archive/20161228_ink-signature-no-longer-required-on-affidavits-of-support.html
  8. The issue, imo, is that a) mentioning a visa muddies the waters and b) your parents cannot "apply" until they have proof of permanent residency. But you're actually incorrect that they don't have proof of permanent residency/green card until the plastic card arrives. As @Crazy Cat said "Their stamped visas (in their passports) are temporary green cards until the plastic ones arrive". A plastic green card is an "I-551". The stamp in their passport is also an I-551, just with a shorter validity (1 year).
  9. Personally, I would try ombudsman first. You could work on preparing the lawsuit in the meantime.
  10. I agree with your assessment. When dealing with so many different things in life, it is best to volunteer the least information necessary and leave no room for doubts or assumptions. It's completely reasonable to plan ahead while waiting for the visas, but as of now they do not have a visa and are not permanent residents. It makes 100% logical sense that a rental company is not willing to add their names to the lease now. They currently have no legal status, and are not present in the U.S. And I believe their refusal to add them later might stem more from a misunderstanding of the visa process that is occurring than racism (though it is possible, considering it is not hard to google what an IR5 visa is...) To the OP: going forward in your search for housing, I would simply state that "My parents are immigrating to the U.S. later this year as permanent residents. I am looking for housing for the 3 of us. For the time being, I will be the only tenant on the lease, but will add my parents to the lease once they arrive." This accomplishes a few things - 1) Not using terminology that is unfamiliar (IR5 visa) and instead stating what they will actually be upon USING that visa - a permanent resident. The IR5 visa is irrelevant. Don't muddy the waters. 2) Not speaking in uncertain terms but also not volunteering a specific timeline. Don't imply or insinuate that there is a chance they may not come, but also don't commit to a specific date of their arrival. 3) Not asking for all 3 tenants to be added now. Your parents don't need to be on the lease right this second, but reasonable landlords should 100% allow them to be added later. 4) Don't ask for what you need, tell them what you need. Asking "can my parents be added to the lease later" invites a higher likelihood of hearing "no". Telling them straight out that they will be added later gives less of an opportunity for a "no" or an objection. Adding people to leases is quite common. People get roommates, have their partners move in, etc. Stating that "marriage, divorce and death" are the only valid reasons to add/remove someone on a lease is absurd.
  11. If USCIS suspects someone is married and their visa hinges on not being married (like a K-1 visa), there is no document that can be provided to override the suspicion. K-1s that face this are denied, full stop. We have seen this time and time again, where people pursuing a fiancé visa get caught calling each other "husband/wife", or they have a religious ceremony, etc. and there is nothing they can do to prove they are not married.
  12. Sure there are a lot of things a lawyer can do, which is why I asked what this lawyer has done for $7k. I've worked in the legal field for ~7 years so certainly understand how lawyers can be and are helpful to people. However, we have seen far too many instances here of lawyers giving out incorrect information, being unresponsive (including not passing along updates/notices promptly), having typos or incorrect dates on forms, or just blatantly charging far too much money for people with relatively straight-forward cases. And many divorce waiver ROC filings are straight-forward. (To be clear I'm not saying lawyers should never be used for immigration, but I think people should always do research first to see if they can DIY it, and if not, they still need to be vigilant/do their own research to make sure things are being done correctly).
  13. "Original copy" is a bit of an oxymoron. There can only be one original; official reproductions of an original are certified copies.
  14. Yikes. Filing ROC with a divorce isn't really more complicated honestly, unless you are lacking evidence of having a bona fide marriage. And an attorney won't be able to create evidence from the ether. What exactly did this attorney do for you for $7000??? And is your divorce finalized (i.e. do you have your divorce decree)?
  15. My understanding is you cannot mail the application for a new passport. Apply in Person Apply in person using Form DS-11 if you respond "Yes" to at least one of the following statements: I am applying for my first U.S. passport. I am applying with my child who is under age 16. My previous U.S. passport was issued when I was under age 16. My previous U.S. passport was lost, stolen, or damaged. My previous U.S. passport was issued more than 15 years ago. https://travel.state.gov/content/travel/en/passports/need-passport/apply-in-person.html
  16. Household size must include the petitioner (you) and the beneficiary (fiancé), plus any dependents you have (if any). So the household size for I-134 cannot be less than 2.
  17. Not everyone gets an update that I-751 has been transferred, but for those that do it is common to receive that update within the first few weeks of filing N-400. We were notified the I-751 was transferred exactly 1 week after filing N-400. Since your biometrics have been reused, at this point you are just waiting for notice of an interview date. There is more helpful information in the N-400 forum. Here is the link to the thread for May 2023 filers:
  18. Nope. Not at all true. We had exactly zero wedding plans when the K-1 was filed, nor did we have photos of an "engagement event". And people here are cautioned against sending photos of very formal looking engagement parties because certain consulates question whether it represents an engagement party or a wedding event. The only thing we ever provided pertaining to engagement other than our letters of intent to marry was the receipt for my engagement ring, and that wasn't even sent with the original K-1 petition. My husband provided it at his interview at the consulate as a piece of additional evidence. Anyway, as others have said, CR-1 is a much better bet now anyway. It was more of a toss-up back in 2018 when we filed, but that is no longer the case especially with fees potentially going up for AOS and the similar processing times between both visas.
  19. I wouldn't dismiss the option of getting a U.S. passport quickly, if same day oath is offered to you. The expedited processing that doesn't involve urgent travel is unpredictable (could take 3 weeks, or could take 8 weeks), but the expedited processing when you have travel within 14 days is completely different and is known to be reliable. I would not dismiss this option at all. So, based on that, I personally wouldn't turn down doing the same day oath ceremony.
  20. Thank you! No, I was not allowed inside at all. I posted the full details in the N-400 thread if you're interested:
  21. If you are submitting tax transcripts (from the IRS website) you do not need to include schedules like W-2s, 1099s, etc. Also, unless you are including assets to meet the requirements, paystubs and/or a letter from your employer confirming your current, ongoing pay is recommended rather than a bank statement. From the I-864 instructions: "[Y]ou may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months." You can use the biographic passport page to establish you are a citizen. For establishing U.S. Citizenship, the I-864 instructions state: "Proof of U.S. citizen or U.S. national status includes a copy of your birth certificate, certificate of naturalization, certificate of citizenship, consular report of birth abroad to U.S. citizen parents, or a copy of the biographic data page of your U.S. passport."
  22. Just updating here because my husband had his N-400 yesterday, and is now a US Citizen. Luckily this also means that the long wait for ROC is now irrelevant. Case status for the I-751 says "Case was approved" and N-400 days "Certificate Of Naturalization Was Issued". It's a relief to not have to think about green cards and processing times anymore.
×
×
  • Create New...