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Mike E

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Everything posted by Mike E

  1. For every well intentioned case like yours there are some number of cases involving fraud or human trafficking. Too many times petitioners or beneficiaries have been burned. So a slow process is a good thing. So you should instead look at N-600K to secure their US citizenship. Since you will be raising them, once the adoptions are complete and they have been in your custody long enough, you can file N-600K for each girl. The process needs to complete before they reach age 18. I would start this no later than age 15. The process requires them to get a B visa to take oath of citizenship in the U.S.
  2. Even if affidavits would be accepted, IME they are going to take longer to get than a DNA test. My wife doesn’t have a birth certificate (late or otherwise). Similar situation as Nepal: in Burma at the time no one bothered. In our case a DNA test wasn’t an option (because the issue was producing a satisfactory birth record for adjustment of status from K-1). If a DNA was an option them we would have gone that route in an instant. We had to chase down a cousin who was at the hospital when my wife was born and have her write out a statement. Then we had to have that statement shipped from a remote village in Burma, during a civil war, to Yangon and then have it shipped by DHL to the U.S. Then repeat the process for her father who is still alive. Then find a competent translator. Have you heard that story of the translator who said my wife impregnated her mother? All so an ISO could glance these documents for 5 seconds and grunt approval. The DNA test option is a blessing. I’m sure there are labs in Kathmandu who can collect DNA.
  3. I was addressing your assumption that the same lab has to collect the DNA. The fact that sites like ancestry.com can tell you who your relatives are simply by submitting a DNA result shows I am correct. https://www.aabb.org/standards-accreditation/accreditation/accredited-facilities/aabb-accredited-relationship-testing-facilities “If there is not a facility in your area (city, state, or country), you can contact any one of the facilities on this list to make arrangements for sample collection in your area” So USCIS isn’t putting requirements on who collects the DNA … USCIS delegates that to the accredited lab, which in turn delegates it to a trusted lab. I would let your selected and accredited lab handle it and I would not discuss how the samples were collected.
  4. Your DNA is a digital code. Lab A in Nepal takes her DNA. Lab B in USA takes your DNA and compares the two codes.
  5. You hired a lawyer because you didn’t want to DIY the process. Why would you DIY the G-28? Get a new attorney now to handle this. Otherwise your gc is going to be lost. This should have happened the moment you learned your attorney passed away.
  6. What you have is a Certificate of a Deposit Balance : a document that certifies the balance of a deposit account. not a Certificate of a Deposit Balance : a statement of the current balance of CD, which is deposit account where the balance is held for a specific time. Two completely different things.
  7. I calculated it. It's at 150% as part-time with no extra shifts Legally it works. Explaining this succinctly will be a challenge. You will want to list your current income in I-864 at your 25 hour per week rate and have your employer state that your base pay is X dollars per year. X = rate of pay per hour times 25 times 52.
  8. What does part time mean? Assume means 20 hours a a week. Does your hourly rate of pay times 20 times 52 meet or exceed the 125 percent poverty threshold?
  9. Aren’t you planning on meeting her again in person before she interview (which is close to 2 years from now)?
  10. I am assuming the husband 1. entered legally 2. is still in the USA The I-485 package needs a copy of I-130 receipt and copy (not original) of the naturalization certificate. I would first update the I-130 case with a copy of the naturalization certificate. Your list is also missing I-131. While I wouldn’t use AP for discretionary travel in this case (given the over stay), if there is an emergency it provides an option to consider.
  11. For I-130 F4 purposes, is the link to an unadopted bio-sibling broken after the other siblings are adopted?
  12. And given your first two segments are likely on Emirates airlines that’s not going to work. Again you are not sharing enough details (as is your right). But without details you won’t get the best possible advice. Because the immigration visa is not endorsed until CBP stamps it (which does happen in Toronto) they don’t have an I-551. They do have a visa. But there a tiny number of airlines eligible for TWOV. Read the link I gave you, share your details, rebook your flight on Philippines airlines, or rebook your flight so that it bypasses Canada.
  13. Until April of 2022, green card holders needed an eTA, electronic Travel Authorization. The eTA was needed to enter Canada. An eTA isn’t an electronic transit. It’s the U.S. equivalent of ESTA. TWOV for citizens of Philippines and a few other countries (including Taiwan but only under limited conditions … see my link in my comment) has been around for years, but it requires a visa for the U.S. Even if your wife’s passport adhered to the conditions, technically since a gc isn’t a visa, she could not transit. Silly of course. But then again more countries grant a visa waiver to holders of visas than holders of green cards so the silliness is extensive. Or she was denied because she wasn’t on the right airline.
  14. Moving to the Phils to raise your three adopted daughters is likely the best thing you can do to assure they get U.S. citizenship. You are a great dad!
  15. Hopefully you read https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-to-the-united-states and understand what you are facing. I’ve seen enough adoption tragedies to conclude that that cases like yours require superior legal representation. The most recent was this week on Reddit where despite the attorney being a senior counsel for INS in a past position, the adoptee is finding out now the case was probably messed up and if so, the adoptee is now an illegal alien. Definitely avoid the DIY path, as this scenario raises all manner of suspicion.
  16. Are these future adoptees biological relatives to the K-1 fiancé(e)?
  17. that term is an archaic Canadian thing. My advice is that to avoid confusion, you not use that term They might not require a transit visa, according to the Canadian government website: https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/transit/without-visa/eligibility.html “ To be eligible, you need to have these documents a valid U.S. visa a valid passport from […] Philippines “ There are other requirements, and so I can’t conclusively say a visa won’t be needed because you didn’t share enough details. Since you are coming from Dubai, it is likely they will not qualify
  18. The petitioner needs to establish US domicile at some point. Today is good. It is possible to get a U.S. phone number outside the U.S. ; just enter this into a search engine: how can i get a us number from outside U.S. This way, in the unlikely event DoS calls the petitioner, there will be no delays in responding.
  19. Legally it is a non immigrant visa. Each consulate applies varying degrees of immigrant visa process to it. The most glaring and annoying examples are * that imo, at most consulates the online system most consulates use to schedule B, C, and F visas isn’t available for K visas. * the requirement to get a police certificate for a K visa is not applied to other non immigrant visas
  20. the old card is valid for boarding a flight to the USA. The benefits are likely too small to justify the risk. Worst case she will pay an I-193 fee but given the circumstances that is unlikely.
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