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Everything posted by beloved_dingo
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If you did not send any other evidence of meeting in person, then yes this would likely be a problem. One of the main requirements for the K1 is meeting in person within the previous 2 year period. USCIS has no way of knowing whether photos were taken 1 day ago or 5 years ago. And honestly, it wasn't a good choice to only send pictures regardless. Adding dates with the photos helps, but additional evidence to substantiate that you were actually together on those dates is better. Passport stamps are considered one of the best evidences of meeting in person. Then you can also include boarding passes, hotel reservations, etc. (whatever is relevant/applicable to your situation to prove you spent time in person).
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He can reapply but there's really no point in doing it right after he was denied. Then it will just look kind of desperate. Perhaps he could reapply after he is actually married, as that would at least be a chance in his circumstances and be a stronger tie to home than a fiancé. Having family in the U.S. will always be a hurdle though. It increases the odds of someone overstaying their visa.
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BPD is a very, very difficult mental illness to struggle with. I have a family member that suffers from it. This is not addressing the immigration aspect, but the thing about BPD is that the person suffering from this condition must be willing to get therapy/treatment/etc. and admit that they have a problem if there is any chance for a happy, healthy relationship. Unfortunately, these are 2 massive hurdles for those with BPD, because they are often in denial about their condition and any effort from loved ones to encourage treatment is often met with feelings of betrayal from the person with BPD. This issue is compounded in your situation, because it sounds like her family is enabling her and you are the only voice of reason. Therefore, you become the "bad guy" and lose every time. Mental health issues are not the fault of the person suffering from those issues, but they still have to be held accountable for their actions. BPD causes extreme issues with emotional regulation (or more like, emotion regulation is simply non-existent). They cannot help these extreme emotions, but they must learn that their actions still have consequences. You have spent very little time in person with your wife, and she has already displayed extremely concerning behavior towards you. Threatening to hurt herself (throwing herself out of a car), calling 911 on you, throwing tantrums - these things will only continue to escalate if she is not willing to get help. You do need to spend more time in person if this relationship is going to continue, but I strongly encourage you to be very careful and make sure to protect your own wellbeing while you decide what to do and see if your relationship has a future. This may include documenting episodes she has, especially if they involve threats of harm (to herself or others). I wish you well going forward. I hope your wife is able to get help.
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There is no benefit to the K1 over CR1 now. Things were different 6 years ago.
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If you did not provide any "bona fide marriage" evidence with your N-400, I think it makes sense that they are requesting it. You are naturalizing based on your marriage, and it's been 10 months since your ROC was approved - but how old was that ROC evidence? If you haven't sent any new and updated marriage evidence to USCIS since September 2020, it makes absolute sense that they need to see evidence that you are still in a bona fide marriage 3 years later. Marriage related evidence should have been included with the initial N-400 filing.
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You need paystubs and/or a letter (on letterhead) from your job to demonstrate your current income. If your current income will equate to more than 125% of the poverty guidelines after 1 year, you will most likely be fine. Past income (from tax returns) doesn't matter as much but keep in mind that it is at the discretion of the officer to determine whether your income is sufficient. Some consulates are more strict than others.
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I just want to make sure that this is covered - do you know how your ex-husband filed the 2018 taxes? Because if he filed married filing jointly in 2018,then your 2018 taxes were filed. I'm assuming you don't see a 2018 tax transcript when you log in to the IRS website, but I also believe they recently started only showing the last 4 years (just checked my account and only have 2019 - 2022 available). I would absolutely try and verify this before doing anything else, because legally your ex had to file as either married filing jointly or married filing separately.
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Ds160 "relationship to you" field for girlfriend
beloved_dingo replied to CJX's topic in Tourist Visas
Assuming you are staying with her, I would put her details and choose "friend". If you are asked what her relationship is to you by CBP, be honest that she is your girlfriend. -
I will not be filing AOS
beloved_dingo replied to SolRebel's topic in Effects of Major Family Changes on Immigration Benefits
Being on the deed or lease is irrelevant, police aren't going to forcefully remove a spouse from the marital property unless there is actually cause to arrest him. Even if they are in the midst of a fight, the police will just attempt to de-escalate the situation and then leave. Annulments can be very hard to get but if there is any proof of fraud, coercion, or bigamy, it's certainly possible. -
I will not be filing AOS
beloved_dingo replied to SolRebel's topic in Effects of Major Family Changes on Immigration Benefits
I would add that, especially until he is out of your living space, limit interactions with him as much as possible. If you are legally allowed to record your conversations in your state, I would suggest you do so as a measure to protect yourself when you do have to communicate. But I would try to keep things in writing (texts/emails) as much as you can. Obviously, this means you do need to be careful with what you say, not rise to any bait, etc. You can't just kick him out of your house, but you also can't be forced to pay for a new place for him (unless a judge orders it). I agree with others - forget about his immigration situation and file for divorce ASAP. -
Can't say for sure exactly what occurred, but this is what I would assume: Your wife's case was given to Officer A to adjudicate. Your case was given to Officer B to adjudicate. Officer A had a smaller caseload and/or is faster at processing cases. Office B hasn't gotten to your case yet. Your wife's case was processed very quickly. There is still a good chance that you will get an interview soon.
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What evidence do I need for N-400?
beloved_dingo replied to EMBELL_17's topic in US Citizenship General Discussion
Are you applying under the 3 year rule or 5 year rule? You mention your divorce decree and 3 years of taxes, so that's why I am asking. You cannot file under the 3 year rule if you are no longer married to a U.S. Citizen. And if you are applying under the 5 year rule, you need the previous 5 tax returns. Side note - tax transcripts from the IRS are preferred. -
So confused on what to do now...
beloved_dingo replied to HamWelder's topic in What Visa Do I Need - Family Based Immigration
I would get the I-130 filed ASAP regardless, because at least that would start the clock and not waste additional time. Then, it may be possible to expedite it due to your job situation. If you can stay where you are until February, that gets you ~5 months into the process and time to figure out other options. She may not need "1-2 years" in a 3rd country if an expedite works out and you're already 5 months into the wait. Coming here on a B2 with intent to adjust is a non-starter, not only because it isn't legal to do so, but also because there is likely extensive evidence that you have that intent (keep in mind CBP can check your devices if they suspect anything). -
The "change in circumstances" is simply that she arrived as a visitor and intended to return home, but then decided to adjust status and stay in the U.S. instead. You are getting touchy answers because it was not clear at first whether she was already in the U.S. or not. Since she was already admitted to the U.S. and is still in the U.S., yes she can adjust status. If she was not already in the U.S., then using a tourist visa and intending to adjust status is fraud and anyone contemplating doing this is basically just trying to jump the line instead of doing things correctly. As already mentioned, make sure she is very aware of the restrictions (no work and no travel outside of the U.S. for quite awhile) and that she is okay with that. If she has anything she needs to wrap up in her home country (sell property, retrieve belongings, get her pets, etc.) then it is not really a good idea to adjust because she will not be able to go back home to do those things for an extended period. If these things don't apply and she is on board, then file ASAP to get the process going.
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Error when scanning my Green Card?
beloved_dingo replied to tahm's topic in Moving to the US and Your New Life In America
Last time I checked, Texas is a different state than Pennsylvania. Different states, different rules. -
I'm not sure why you're concerned about this as long as the version of events you shared are accurate. She wasn't arrested or convicted and you say she didn't violate any drug laws. Don't overthink it. a) You say she wasn't arrested or convicted. That alone makes the first question irrelevant. b) Even if she had been arrested, a minor marijuana arrest/conviction would not be "a crime that resulted in serious damage to property, or serious harm to another person or government authority". Get the court records for peace of mind.
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Error when scanning my Green Card?
beloved_dingo replied to tahm's topic in Moving to the US and Your New Life In America
Nope, OP cannot use their passport to get a state ID in Pennsylvania. For an LPR to get a state ID, Penn DMV accepts: Permanent Resident Card (Green Card) – I-551 Passport or I-94 with I-551 stamp (temporary I-551) Machine Readable Immigrant Visa (temporary I-551) Reentry Permit I-327 Passport would only work if it had a valid temporary I-551 stamp. -
Error when scanning my Green Card?
beloved_dingo replied to tahm's topic in Moving to the US and Your New Life In America
You still have to present some other type of ID to get state ID/DL...that's exactly what the OP is trying to do. OP also already explained that, since their green card is their ID, they used it at the supermarket to purchase alcohol. I am still thrown off by a grocery store or doctor's office actually scanning a green card instead of just looking at it...but stranger things have happened. -
Those are 2 very cute doofuses.
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Tax returns for stay at home mom
beloved_dingo replied to Yenata's topic in US Citizenship General Discussion
Many (maybe even most?) N-400s are processed to completion in 6 months or less now. My husband filed 1/27 and became a citizen on 5/10 - just 104 days. -
Tax returns for stay at home mom
beloved_dingo replied to Yenata's topic in US Citizenship General Discussion
Not necessarily true, considering an interview could easily occur before April 2024. -
Check this link: https://travel.state.gov/content/travel/en/international-travel/while-abroad/voting.html The third section will help with registration.