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Everything posted by Mike E
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90 days rule
Mike E replied to Davidmont's topic in Adjustment of Status from Work, Student, & Tourist Visas
Did you know your husband before you applied for your F-1 visa? -
https://visarefusal.com/inadmissibility/k-1-visa-refusals/ see this other reason the list: ”9. the US citizen fails to visit his fiancée after submitting the K-1 petition, which a consul may interpret to show a lack of commitment by the US citizen”
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Lost my greencard while abroad.
Mike E replied to mocha0221's topic in General Immigration-Related Discussion
Then their initial knee jerk to assess the I-193 fee was incorrect, especially since two consulates denied your I-134a. Fortunately they waived the fee -
Unfortunately meat comes from adorable animals. Don’t eat meat if this news story breaks your heart. It is better to be predator than prey, to be apex predator than not. On the brighter side I expect before the end of the century we will have manufactured meat that is chemically and physical no different from that we harvest from animals. If i can eat meat without killing animals, I am all in. Similarly i would prefer to eat food, and use paper and lumber that does come from plants. There is something hideous about eating a carrot: an entire organism dying to fee me. City folk ought be putting their energy into that versus passing laws to regulate 4H
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1864/1864A income and taxes questions
Mike E replied to SH-K's topic in Bringing Family Members of US Citizens to America
You need a joint sponsor. Skip I-864a -
Lost my greencard while abroad.
Mike E replied to mocha0221's topic in General Immigration-Related Discussion
Did you file I-90 before or after your flight to the U.S.? -
My then fiancee was asked the exact same question, even though the CO had received evidence we had met 8 weeks before the interview. She answered: “2 hours ago, when he brought me to the embassy”.
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After their 2 year green cards are issued, ideally the “resident since” dates on both cards are the same or if not, the kid’s date is 1-90 days newer than mom’s. If so file a single I-751 for mom, 90 days before her gc expires and note that the kid is removing conditions with mom. If the kid’s resident since date is before mom’s this is a cluster, and not DIY. If the kid’s resident since date is 91 or more days after mom’s, a separate I-751 is required. While this is can be DIY, mistakes can put the child in deep peril. So deep that child will be faced with removal. Legal representation is in the interest of the child. K-2 is the most dangerous visa for child.
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What does that mean? Then * K-1 will be denied, * you will have to marry * CR-1/IR-1 will also be denied if you do not spend enough time together I have never seen this question before. It sounds like you can afford the time and cost to meet but you are loathe to spend either if not necessary to get a visa. Nobody can say what amount of time together will be enough for you to get a visa. This depends on the CO, the consulate, and your economic circumstances. Let’s say the magic visa fairy appears before you and says, you have your choice of two wishes: 1. If you never meet again, your visa will be approved. However, I will not tell you when your visa will be approved. If you meet before it is approved, the visa will eventually be denied. 2. If you meet each other every 120 days (or less) your visa will eventually be approved. However, I will not tell you when your visa will be approved. If you go 121 days or more between meetings, the visa will eventually be denied. Which wish do you pick? The magic visa fairy did not appear before me. But I acted as if she had and I picked the second wish. A desire for visa approval was secondary. I wanted to be with my fiancee, and would have waited as long as it took. Meeting again was always worth it because I got to be with a person that I desired intensely.
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After K-1 is approved, and case leaves NVC, file DS-160 for mother and child. Each DS-160 notes one family member is traveling with other. Mom and kid enter U.S. together. When mom is ready to file the entire I-485 package, prepare an entire I-485 package for the kid. Mail them both at the same time for best results.
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The portions of the airports behind US pre clearance approach an international area concept. Thus at some airports, depending on the inbound international flight you will not deal with CBSA and you will head straight to CBP. Of course if CBP bounces you, you will be handed over to CBSA. https://www.torontopearson.com/en/connections/customs-immigration “You may need to clear: * Canadian customs and immigration if your flight into Pearson is international (includes US) and your flight out of Pearson is domestic * US Customs if your flight out of Pearson is to the US” I haven’t experienced it at YYZ yet. I have at YVR: no encounter with CBSA when arriving from an international flight and making a connection to U.S.
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I just went through the Maryland drivers license pre application process. Maryland appears to be one of those states that allows foreigners who cannot show an EAD, green card, or I-94 (yours will expire in 90 days so not likely to be of use) to get a drivers license. Oddly you appear to need an SS card. As a K-1 you can apply for an SS card and SSN and you should do 2 working days after you arrive. You will also need proof of residency in the state. Your marriage certificate to a state resident seems to suffice. So I think you will be fine.
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Give up conditional green card status?
Mike E replied to bkkhdd's topic in General Immigration-Related Discussion
no B-2 visa needed. Filing I-407 is the best evidence of lack of immigration intent I can think of. -
so you once before I-129F was approved. Not unusual. Hence your K-1 was approved. After meeting multiple times. I do not see how your experience rebuts my advice.
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False because not all airports are pre-clearance airports. In case you did not grasp the implications of: I will explain: Case A: One has a K-1 visa and books a flight from Warsaw to ORD via FRA The flight to ORD is canceled, and next available seat is a 2 days later. The K-1 holder crashes at a nearby hotel and comes back. Because the visa is not stamped as used, the airline boards the passenger. Case B: One has a K-1 visa and books a flight from Warsaw to ORD via YYZ The flight to ORD is canceled, and next available seat is a 2 days later. The K-1 holder crashes at a nearby hotel and comes back. Because the visa is stamped as used, the airline refuses to board the passenger. Irrelevant and nor did I suggest that.
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In general that is likely true, and in general that matches my experience. But CBP does know where you live or where you plan to live. As an LPR there were times where I initiated travel in Canada and used U.S. to connect to an onward international flight. One time I was flying from Calgary to Europe via Chicago. As is the norm for pre-clearance, I presented my boarding pass for YYC to ORD. The CBPO asks me why a Colorado resident is flying to Chicago and not say Denver? I tell him. He then inspected my boarding pass for my flight from Chicago to Europe. So I would not expect CBP to care, but I would not be surprised if it does care.
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If CBP denies entry it is likely CBP is abusing authority. In the hands of a skilled litigator, the alien will prevail in court. Plan for a war chest of $50,000 for legal expenses. I have hunted the web since 2018 for such cases and have yet to find a single case where an AP holder was denied entry to the U.S. at a port of entry. I have found cases where: * airlines denied boarding * CBP threatened to deny entry * people lost their AP document while abroad, posted “what do I do” and never posted a followup (At the time, neither USCIS nor the consulates were generally helpful). I presume their immigration journey ended. BTW, USCIS and State now have a process for stranded AP holders: https://www.uscis.gov/i-131a