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Mike E

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Everything posted by Mike E

  1. 1. Did you send with tracking? 2. Does the bank verify it has been cashed?
  2. See https://www.visajourney.com/examples/INS-Form-I-131.pdf
  3. Personal check all the way. * no need to put the address of the receiver on the check as you can with a money order. I estimate a century of total time has been wasted on visa journey asking and answering this question * easier to follow the money. You will know when it is cashed. And cashing it means USCIS got your petition. It is possible to do this with money order and cashier check but it is harder * less likely your bank will reject as fraud as we see at least once a month with credit cards
  4. Your spouse filed as single because your spouse is not married. Once married, if you file as single, this is tax evasion and violates Good Moral Character (GMC). GMC is required to get and maintain immigration benefits. Once married you must file as MFS or MFJ. If you file MFS you will have to name your spouse and spouse’s SSN. Will your spouse tell you the SSN? If not, you will have a problem the IRS. Since your spouse will be evading taxes by filing as single, your spouse can expect penalties from the IRS. Given your spouse’s desire to evade taxes, you do not want to file MFJ. I would avoid any joint accounts and joint ownership and I advise a prenuptial agreement. Finally do not enter the U.S. on a marriage immigration visa until you have been married for at least 2 years. This way you avoid I-751 (removal of conditions) which generally requires evidence of joint finances.
  5. That’s ironic since you have previously asked an I-751 question and you seemed to have no problem with my answer:
  6. If you are going to re-quote things I’ve already quoted, you are wasting resources. It does not say that. It says: I am well versed in the topic. You are at strike 2.
  7. There is an interview. When OP misses the interview, what then?
  8. Imprudent strategy: “The statute and regulations require approval of the 1-751 petition if the above conditions are met. USCIS may not deny a petition solely because the spouses are separated and/or have initiated divorce or annulment proceedings.” Some lawyers and apparently you are basing your advice on the above. However the memo goes on to say: “However, legal separation or initiation of divorce or annulment proceedings may suggest that the CPR entered into the marriage for the sole purpose of procuring permanent resident status.” So USCIS is saying a divorce filing during pending I-751 raises suspicion of fraud. “If a Service Center ISO encounters an I-751 petition' jointly filed by co-petitioners who are still married but are legally separated and/or are in pending divorce or annulment proceedings, the ISO issues the CPR a Request for Evidence with an 87-day response period. In the RFE, the ISO specifically asks the CPR to provide a copy of the final divorce decree or annulment along with a request stating he or she would like to have the joint filing petition treated as a waiver petition. This affords the CPR an opportunity to provide evidence that the proceedings have been finalized and it affords the CPR an opportunity to request a waiver to the joint filing without refiling” How would the ISO learn of pending divorce accept by notifying USCIS? Clearly, USCIS is saying proactive notice of a pending divorce is likely to remove / reduce the cloud of suspicion. Otherwise the cloud of suspicion gathers when the CPR comes to the attention of USCIS again, such as when filing I-130 or N-400. We see this periodically on visajourney.com and Reddit. Ask your lawyer if she is aware of the memo I linked.
  9. On what basis would OP re-open / re-consider the denied N-600?
  10. 1. No, because if you were in his physical custody any time between the day you became an LPR and the day you left for your aunt, you met the requirement. 2. You are still a U.S. citizen, but heaven help you if you attempt to renew a passport with a lost or damaged passport. You do have a passport card right? Once N-600 is denied it is over; no second chance. N-600 this many years after the fact is not DIY 3.Might be an issue.
  11. Take what you have and hope they do not ask for the original. Meanwhile start the process to get the original in case there is an RFE. Where was your spouse born?
  12. Extraordinary claims require extraordinary proof Never heard of one. She can order a wheel chair and a wheel chair pusher to meet her at the gate. It is likely CBP will have access someone (such as an airline or airport employee) they can ask who can translate. She should hand the officer a paper that says in English: * I do not speak English * I speak Vietnamese * My husband’s mobile phone number is +1 nnn nnn nnnn Change the arrival airport to LAX, SFO, or SJC, and: * 100 percent chance there will be a translator * Likely at least one CBP officer speaks Vietnamese
  13. As a global entry member, I think this advice to perjure oneself to a federal officer is wild. I am out. Good luck OP. i will leave you with one CBP officer’s view on LPRs https://www.reddit.com/r/travel/comments/4ozovk/comment/d4hc4s2/
  14. File your 2018 taxes now, and upload the tax return with a note that you are amending your answer.
  15. Some lawyers will tell you to try SB-1, and if that fails, give up and get an IR-1 visa. Will you follow that advice?
  16. SB-1, appeal I-131 … you are grasping at straws. They waste money and precious time. My years of vicarious experience here point to just one course of action: come home today. If do not come home today, and ask me tomorrow, next week, next month, next year, next decade, next century, my answer is still the same: come home today.
  17. Problem solved I never wrote that. This is what I wrote: So two police records, one for parent, one for child. Each one shows the same physical address.
  18. The record does not have your physical address on it?
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