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Everything posted by Mike E
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From a former counselor officer: https://www.quora.com/Is-it-allowed-legal-for-grandparents-with-US-B2-visas-to-maximize-the-6-month-visit-and-only-have-2-weeks-gap-returning-because-they-need-to-take-care-of-the-baby-of-their-US-citizen-son What you ask is not illegal and might very well be permitted, but that will depend on the CBP officer who meets the grandparents on their return, and on their justification for staying in the US for so long. For example, their son must be able to make some alternative arrangements for the care of his child; surely the grandparents won’t be expected - and certainly won’t be allowed - to care for the child full-time until he leaves for college. Hasta La Vista
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A B-2 visa is not appropriate for a work activity. I do not know of any applicable non immigrant visa.
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continuous residence and physical presence questions
Mike E replied to sara88's topic in US Citizenship General Discussion
OP: 1. original post 2. original poster Per definition 1, vawa is not mentioned in the original post. If the mods have merged the posts I am not seeing it. Now utterly confused- 27 replies
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- naturalization
- continuous residence
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continuous residence and physical presence questions
Mike E replied to sara88's topic in US Citizenship General Discussion
Not in the OP. I am slowly learning that contributors need to comb through post history before helping. It can happen even under the 5 year rule, but I agree it is more likely under the 3 year rule.- 27 replies
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- naturalization
- continuous residence
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continuous residence and physical presence questions
Mike E replied to sara88's topic in US Citizenship General Discussion
18 months. More precisely (366 + 365 + 365) / 2 = 548 days. But that is merely the necessary amount of time. It might not be sufficient. This case had an RFE because the applicant was averaging 160 days per year of absence in the 5 year period: https://www.visajourney.com/forums/topic/793074-n-400-notice-of-continuance-how-to-prove-immediate-family-remained-in-the-us/ Your other potential problems are: * where is your spouse during these 5 month trips abroad? The 3 year rule requires you to be living in a marital union for 3 years with a U.S. citizen. * you need to be residing continuously in one state for 3 months before you file N-400, and the same must be true when you interview and again when you take oath. Spending the majority of those 3 months inside your state is convincing evidence of continuous residency * by law you must also be continuously residing in the U.S. between date of filing and date interview.- 27 replies
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- naturalization
- continuous residence
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Lawyer: “So you are a divorcee with a child under age 21: do you have your originals of: marriage certificate, final divorce decree, your birth certificate, your child’s birth certificate?” Outcome A: Mom: “yes” Lawyer (thinking to himself “it is unusual for someone traveling on a B visa to carry such critical documents. I expect problems overcoming suspicion of immigration intent. I better charge a high flat fee” Lawyer (out loud): “$10,000” Outcome B: Mom: “no” Lawyer (thinking to himself): “Arrrgh. Getting these documents from the foreign civil authority is going to be ugly. I better charge a high flat fee” Lawyer (out loud): “$10,000”
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Then your legal name in the U.S. is Surname: Jacob Smith; Given name: John Then use that name on your N-400. After naturalization change your name per the state court process where you live. N-400s with name changes range from easy to all but impossible. FOs with same day oaths tend toward the all but impossible.
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Reentry Permit Processing Time
Mike E replied to IMDASTYLE's topic in Working & Traveling During US Immigration
It is the new normal. You can travel without it being approved -
Fiancee worked in Saudi....police clearance required?
Mike E replied to BoynGirl's topic in Philippines
But I have experience with an embassy that first says a K-1 needs a police certificate from country X and then after getting said certificate, says it is not required. -
Fiancee worked in Saudi....police clearance required?
Mike E replied to BoynGirl's topic in Philippines
I left it out because logically you can’t say a prediction is wrong until the time has passed. And also, someone already pointed out the same thing. I’m sticking with my prediction since I’ve learned to never over estimate the state department’s failure to conform to its own rules. -
Fiancee worked in Saudi....police clearance required?
Mike E replied to BoynGirl's topic in Philippines
Which part is incorrect? Here is again, numbered for your convenience: 1. IME, because K-1 is a non immigrant visa, the law does not require a police certificate from Saudi Arabia, 2. but law gives embassies discretion to require it. -
Divorce and children
Mike E replied to NoMansLand2020's topic in Effects of Major Family Changes on Immigration Benefits
Your wife will love this plan: * wait 20 years * she files for divorce * she gets alimony for life * she gets say 45 percent of your assets because she can claim 50 percent of the appreciation on your assets ”Your honor he was cruel to me, and forced me to go back to the Philippines, and it took me this long to rebuild my life in my own country to afford a lawyer to sue for divorce” I am out. -
Traveling with extension letter
Mike E replied to KennethBk's topic in Removing Conditions on Residency General Discussion
SFO, Jet Blue TUS, AA and UA San Pedro Cruise Port, Royal Caribbean Just go through the aforementioned thread. You will see several other examples (including actual failures) and not just those three airlines. -
I am wondering how OP knew what time to leave for the airport without such an itin.
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Divorce and children
Mike E replied to NoMansLand2020's topic in Effects of Major Family Changes on Immigration Benefits
Asked and answered: -
Traveling with extension letter
Mike E replied to KennethBk's topic in Removing Conditions on Residency General Discussion
People have successfully boarded and people have been denied. In our case, 100 percent success, but it took hours of arguing each time -
Really surprised that Spirit never emailed you a flight itin. With my I-129F, I did not submit a single boarding pass or a passport stamp. For each meeting (at least 10), I just had: * flight itins of my fiancee and me * hotel reservation in my name * at least one photo of us together Whether USCIS was convinced by the volume of what some would say is weak evidence, or was convinced by any single meeting, I cannot say. Since it has been a while, simple remedy: meet again, and document better. Better yet before you meet, get married online. After you meet, file I-130.
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Divorce and children
Mike E replied to NoMansLand2020's topic in Effects of Major Family Changes on Immigration Benefits
Your step kids’ I-485s will be denied. Same situation as with your wife. Yes. This is one of several reasons why K-2 is not a good choice for kids under age 18. Lesson learned if you marry a foreign person in the future. You can voluntarily provide some financial support for them when they return to their country. Also, I believe that for immigration purposes you will continue to be their step parent despite a divorce. If so, you can petition them separately down the road. A consultation with an immigration lawyer will confirm this after the dust settles and your divorce is final and she and her two kids are back in their country. She is abusive physically and emotionally. End the marriage. Withdraw your I-864s. The clock is ticking. Any day now the I-485s can be approved. For a short marriage any alimony will be for a short duration. Knowing your state of residence will help you to get a better answer. California for example has a guideline of alimony for a period equal to half the duration of the marriage if the marriage lasted under 10 years. Generally * jointly titled assets and liabilities are split 50/50 * appreciation in value of individually titled assets are split 50/50 but this varies by state. Depending on the state a big chunk of your 401k is at risk. And yet there is a powerful tool that will alleviate most of the trouble. * withdraw I-864s. Now * notify State and CBP to block passport/transport of the baby. Today. * file for divorce. Make an appointment with an immigration lawyer today. -
Fiancee worked in Saudi....police clearance required?
Mike E replied to BoynGirl's topic in Philippines
IME, because K-1 is a non immigrant visa, the law does not require a police certificate from Saudi Arabia, but law gives embassies discretion to require it. I predict it will be required. -
Divorce and children
Mike E replied to NoMansLand2020's topic in Effects of Major Family Changes on Immigration Benefits
I-485 will be denied. Legally she can be deported. USCIS will advise her to leave 33 days from the date of notice of denial. Current ICE policy is to not deport people who entered legally and are not a danger to America or to Americans. However, she has no path to get lawful status except by filing I-485 on the basis of marriage to you. K-1 petitioners have extraordinary power until I-485 is approved. The only person who can force you to get divorced is your wife.