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Everything posted by Mike E
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Start with the oldest and see what happens. For children, the top reasons for denying B-2 is failure to over come presumption of immigration intent: * failure to overcome a belief they will overstay: they are coming to attend their oath of citizenship interview. U.S. citizens by definition cannot over stay * failure to overcome a belief they will file I-485 to adjust status to an LPR. That process is more expensive than N-600K. The only way I see B-2 being denied is if the consulate believes they will stay in the U.S. after they take oath of citizenship. Given the history of your family. I do not see why they think that. BTW, your children will have no path to pass U.S. citizenship to your grand children unless * they or you accrue 5 years physical presence. So carefully document all their days and your days in the U.S. And I mean each day. A selfie with every daily receipt ideally in front of a US landmark, and thus 5 * 365 = 1825 photos when they day comes for your grandchildren. In addition to air tickets. Or, * they marry U.S. citizens before having children. Then it is easy: one day of physical presence and residence required for just one parent
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https://www.cbp.gov/border-security/along-us-borders/border-patrol-sectors/detroit-sector Michigan is a border state, but lower Michigan where you live borders Canada along metro Detroit, where the Border Patrol (BP) operates. The Border Patrol does not appear operate where you live. Stay west of Kalamazoo. I do not know if the Port of Holland accepts international freight, but assume it does, and thus assume CBP patrols the port. Thus your children should avoid the water front. Avoid Amtrak stations, inter city bus terminals, and international airports. Finally, Michigan is surprisingly not a sanctuary state. This means that if local or state law enforcement officer encounters your children and has reason to believe your children do have authorized presence, they can be detained for ICE to investigate. Thus you should minimize encounters with local law enforcement. K-2 visas put children in precarious positions, and K-1 parents should be certain petitioners have the financial resources to complete their process before bringing them to the U.S. IR-2 is the best visa for a child.
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Because you never lived in the U.S., CRBA for your children will not work. That is unless your father was a member of the U.S. military while you were a minor: Assuming your mother was not a U.S. citizen, this means you became a U.S. citizen because your father had 5 years of physical presence in the U.S. So his physical presence can be used for N-600K for your children. How old is the oldest?
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Wife changed name. new marriage certificate?
Mike E replied to xzsca10's topic in General Immigration-Related Discussion
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SRC El Paso Texas and same day oath?
Mike E replied to Reed1812's topic in US Citizenship Case Filing and Progress Reports
https://www.visajourney.com/timeline/citlist.php?op6=All&op7=El+Paso+TX&op1=6&op2=&op4=1&op5=5%2C10%2C11&cfl= suggests no same day oath -
N 400 - Unsure About Name Question
Mike E replied to Tojime's topic in US Citizenship General Discussion
His His birth certificate name is his legal name -
I-129F: Error on Affidavit of Loss
Mike E replied to Howy's topic in K-1 Fiance(e) Visa Process & Procedures
I am in the minority of K-1 petitioners on Visa Journey who: * did not provide stamps (or boarding passes) in my evidence of having met in the last 2 years, * believes stamps are not necessary evidence, * believes photos together are essential evidence, and * hotel bookings and airline receipts are the most powerful evidence because who would spend all that money and not fly? My fiancee, now wife, is a U.S. citizen now, and she entered on a K-1. Read this blog post about one Consular Officer’s view on stamps as evidence: http://theconsulsfiles.blogspot.com/2011/02/bienvenue-enfants.html?m=1 Do this," she told the officers. "If you intend to refuse an applicant for any reason and if the passport is still pristine, tell him in exactly these words, 'I'm sorry but you don't qualify for a US visa. After all, you've never traveled out of your own country before. You've never even been to France.'" The officers laughed and complied, because they liked her but still wanted to prove her wrong. And guess what? In less than a month, every single NIV applicant's passport showed a week's recent travel to France: a visa, and Charles de Gaulle airport arrival and departure stamps. … -
I-129F: Error on Affidavit of Loss
Mike E replied to Howy's topic in K-1 Fiance(e) Visa Process & Procedures
Assuming it was an actual affidavit signed in front of a U.S. consular officer, then that is proof OP’s petitioner was in the Philippines on the date the officer witnessed the signature. -
That is not what @Crazy Cat said. Do you want to exit and enter the U.S. multiple times while attending school? If so, the wisest course of action is to wait until just before your final departure to: * marry * file I-130/I-130A and then leave to wait out your immigration visa process Or are you good with staying in the U.S. while attending school? If so, the wisest course of action is to: * marry upon entering the U.S. * file I-130/I-130A upon marrying * live as a married couple while in school (joint lease, joint tax returns, etc) and save this evidence for the visa and after you are done with school, then leave to wait out your immigration visa process. If before you leave, your case moves to NVC, you can:inform NVC that because you are in school, you will hold off on the process. With either approach, * your spouse and you should continue to meet. * you have the highest chance of being able to graduate with the least risk to your academic progress (such as CBP denying entry because your spouse filed I-130). The latter approach is better because you can more easily avoid I-751 aka removal of conditions which for most people is now a 4 year process. Some people have a tough time handling those 4 years of uncertainty. So enter the U.S. on or after the 2 year anniversary of your marriage.
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I-129F: Error on Affidavit of Loss
Mike E replied to Howy's topic in K-1 Fiance(e) Visa Process & Procedures
Who is asking for entry stamps? -
The instructions https://revenue.ky.gov/Forms/Form 740 Packet Instructions 2022.pdf say: SIGN RETURN Be sure to sign on page 3 after completion of your return. Each return must be signed by the taxpayer. Joint and combined returns must be signed by both taxpayer and spouse. Returns that are not signed may be returned to you for signature. Enter Driver's License/State issued ID number. My interpretation is that the spouse not filing does not sign. If any spouse does not have a DL/ID number I would leave it blank.
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GC approved while Im overseas
Mike E replied to lucas1986's topic in Working & Traveling During US Immigration
Yes At the port of entry. https://www.uscis.gov/i-193 $585 I predict the fee will be waived