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Everything posted by beloved_dingo
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Unfortunately, pregnancy is not grounds for an expedite. Her mother having Parkinson's is unfortunately also not a circumstance that is relevant to the expedite. If she had complications from pregnancy or a high risk pregnancy, you would possibly have a better shot at an expedite since she is the U.S. citizen, because health of the U.S. Citizen can be a factor to expedite. However, pregnancy alone is not.
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It is a red flag to USCIS, because you can't prove a negative. There are many threads here with K-1 couples running in to that issue. See below comment.
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N-400 January 2023 Filers
beloved_dingo replied to Sarge2155's topic in US Citizenship Case Filing and Progress Reports
Just one final update in our journey - My husband applied for his U.S. passport on 5/25. The status updated to "In process" on 5/31. Yesterday, it changed to "Approved" and today it is out for delivery, per the tracking number. We paid for expedited service and faster shipping, and it's been exactly 7 weeks since we submitted the application. -
Leaving the U.S. as an LPR is not illegal Visiting your home country as an LPR is not illegal Even extended absences (6+ months) are not illegal, but can possibly cause LPRs issues Straight from a CBP article: If you are a lawful permanent resident (green card holder), you may leave the United States multiple times and reenter, if you do not intend to stay outside the United States for 1 year or more. If you intend to stay outside the United States for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the United States. https://help.cbp.gov/s/article/Article-820?language=en_US Another CBP article: Lawful Permanent Residents (LPR) of the U.S. must present a Permanent Resident Card ("Green Card", Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States. LPRs who are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101. https://help.cbp.gov/s/article/Article-1191?language=en_US ANNND here's another one: Legal Permanent Resident (LPR) Frequently Asked Questions What will happen if I am out of the United States for more than six months? Staying outside the United States for more than 6 months but less than one year will subject you to additional questioning when you return to the United States but you are not required to have a Reentry Permit. https://help.cbp.gov/s/article/Article1687?language=en_US No one here has being speaking about leaving for over a year, and even then it is not "illegal". There is nothing illegal about taking one 4-5 month trip back to the home country after becoming an LPR. Even longer absences are not "illegal", there are just additional steps to take to avoid problems - otherwise we wouldn't even have options like a Reentry Permit or a Returning Resident Visa. Your speeding analogy is not relevant.
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I would recommend thoroughly reading the I-134 instructions. All the information you need is there. You only need the most recent tax return. It is also advisable to provide paystubs and/or a letter from your employer (on letterhead) verifying your employment and salary. You can also provide a letter from your bank, as detailed in the I-134 instructions.
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I agree that CR1 is the better choice, and one big reason is avoiding AOS. However, just want to point out that timelines are quite different now than they were in 2017/2018, so the process will likely take closer to 2 years, not 1. K1 timelines are similar though. It no longer has a time advantage over CR1. Also, do you have a source for this statement below? I have not seen any indication that USCIS treats the Utah/Zoom marriage any differently. Of course, the couple still has to see each other in person during or after the ceremony for it to be valid.
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Well you've only alluded to it being her preference once, below: But prior to that post, you said this: Regardless, I'm fairly certain that when she is actively in labor or is in an emergency situation, she will do what is best for her and the baby in the moment, regardless of whatever plan you both have. Good luck.
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Because adding the complication of being admitted into the U.S. as a tourist during an emergency is ridiculous! In an actual emergency, she would need to go to the ER/hospital that is closest to her. And labor can VERY QUICKLY go from routine to emergency (life or death) in a heartbeat. Why add trying to cross a border into the mix? Edit: Let me put this a different way - in an emergency, the person that should deal with the headache of crossing a border should be YOU, going from the U.S. to Canada, not your spouse in labor.
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Most couples discuss marriage before getting married. It is even more important to discuss when your partner lives 9000 miles away. I know from experience - my husband is Australian. If you truly do not discuss a word of this before she arrives (the only way that it would be remotely legal, on her end) then you will be springing something HUGE on her. What if she wants to return to Australia before staying in the U.S. permanently, to see family/friends, say goodbye, get belongings, and tidy up loose ends? As others have mentioned, she won't be able to work/travel for at least 6 months (possibly much longer). If she wants to return to Australia after her visit, then you'd have to do consular processing anyway, and your plan is not worth the risk since it is on shaky legal ground at best and is downright illegal if she is privy to the plan whatsoever. Btw - CBP can check phones and electronic devices. So if you do discuss this with her, it is possible CBP will find evidence of it. Don't risk it. One last thing. You can't say "We didn't plan to get married it was a last minute thing" when her trip isn't until October. Something that is months away is not "last minute". It's also odd to say "we" if she is supposedly completely unaware of your plan.
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Perhaps I am confused and/or misinformed but I don't think OP's business activities in the U.S. are illegal. Checking work emails or taking work-related phone calls for your job back home while visiting the U.S. is not illegal. My understanding is you cannot engage in or accept U.S. based work while on a B1/B2. "Employment" on a visitor visa is not allowed but that means you cannot get a job in the U.S. (or perform tasks that could be paid work in the U.S.) while visiting. It does not mean you cannot maintain your overseas business while traveling. How would business owners manage to travel if they could not at least maintain contact with their employees or answer emails while out of the country? To look at it another way, you are also not allowed to use a B1/B2 for "study". That clearly means "attending school in the U.S." It does not mean that it is illegal for a visitor to the U.S. to engage in schooling activities in their home country (studying for an exam they have to take when they get home, writing a paper, or responding to an email from a classmate/teacher). Can someone point to a specific rule that disallows this type of thing? The only thing I can find is wording similar to "[a]n individual on a visitor visa (B1/B2) is not permitted to accept employment or work in the United States." (from here https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html) OP has not accepted employment or work while in the U.S. They have handled routine business affairs from their current overseas job while traveling. I can't find a single source that says this violates their visa.
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Financial requirement for I-134
beloved_dingo replied to Inc's topic in K-1 Fiance(e) Visa Process & Procedures
The bank letter is specifically mentioned in the I-134 instructions as a type of evidence you can provide, as @meladee already said (twice). The bank letter also =/= bank statements. Here's a screenshot of the instructions: It's just one piece of evidence that can be provided for the CO to consider. -
Financial requirement for I-134
beloved_dingo replied to Inc's topic in K-1 Fiance(e) Visa Process & Procedures
OP didn't mention bank statements. I agree with your assessment. -
I don't use Twitter and I think Elon Musk is an idiot but I am already tired of hearing about "Threads" and find it baffling that people are celebrating Zuck's alternative to Twitter. Meta practically having a monopoly over social media is not a good thing.
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Income Requirements not met?
beloved_dingo replied to Seino's topic in K-1 Fiance(e) Visa Process & Procedures
This is correct. @Seino you and your fiancée need to make sure you calculate the household size correctly, as step one, so you know how much income is needed to satisfy the requirements. There's a huge difference between what is required for a household of 5 vs. a household of 2. You can delay things a bit, if needed, at this stage. We did that with our K-1 because my partner was visiting me in the U.S. when we received "Packet 3". See my timeline below. We waited until the day he was flying home to send Packet 3 back (2 months later), which helped with the timing of everything. Now this was Australia and all consulates are a little different, but I've heard it's possible to delay this way pretty consistently across the board. If I were her, I would go ahead and reach out to her old employer to get the ball rolling there. Considering she is a former employee in good standing, she made be able to get "rehired" and get a start date before she even leaves the UK. Then fly back to the U.S. to restart her job and start getting paystubs. You can also use a joint sponsor, as previously noted. I would still encourage her to pursue getting her job back, and use a joint sponsor as a Plan B. -
If you are a regular W-2 employee (not self-employed), then current income is most important (part 6, question 7). The 2nd question you are referring to is the amount from your 2022 tax return - in other words, not current income. Is your current income well above the 125% threshold? How long have you been at your current job?
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Widowers visa
beloved_dingo replied to Ballachino's topic in Effects of Major Family Changes on Immigration Benefits
I assume you would like to obtain a green card on the basis of being a widow of a U.S. Citizen? I don't know much about this topic, but here is the page on the USCIS website: https://www.uscis.gov/green-card/green-card-eligibility/widower And here is the eligibility criteria from that page: Eligibility Criteria You may be eligible to receive a Green Card through widow/widower status if you: Were married to a U.S. citizen at the time he or she passed away Either have a pending or approved Form I-130 or you have filed a Form I-360 within 2 years of your spouse’s death Are not remarried Were not divorced or legally separated from your spouse at the time he or she died Are able to prove that you were in a bona fide marital relationship until the time of your spouse’s death Are admissible to the United States -
N-400 February 2023 Filers
beloved_dingo replied to R_3's topic in US Citizenship Case Filing and Progress Reports
N-400 interviews are generally short - 15 minutes. The overwhelming consensus here is that N-400 is the easiest part of the immigration journey.