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Mike E

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Everything posted by Mike E

  1. It hasn’t been two months. At 120 days you can start an escalation path: * USCIS case inquiry * USCIS ombudsman * triple litigation: mandamus, APA, de novo review
  2. I’m curious why the U.S. and not a country in the EU, Schengen Area, or UK?
  3. No. You must upload evidence that you’ve met in person between the time of 3 way marriage service and the time you file I-130.
  4. U.S. taxes are lower than Canadian taxes and the U.S. has a foreign tax credit (each dollar of foreign tax you pay offsets each dollar of U.S. tax you owe). So worse case you pay the higher of the two tax rates, to Canada. That’s the simplest DIY solution. Better to fly to the USA for the first entry to activate your LPR status.
  5. Probably. If longer than 180 days file I-131 to get a Re-entry permit. Read
  6. An ISO did a Q&A last year on Reddit and said online was better: https://old.reddit.com/r/USCIS/comments/y4xb08/why_is_uscis_so_slow_from_a_former_officers/ish9gsg/ USCIS is understaffed. Yes, it is understaffed. You cannot imagine how bad it still is. USCIS is about 85% staffed, and a great deal of the people who left, are leaving, or are trying to be hired are officers. Major FODs struggle to keep ISOs for more than a year or so, and the turnover is horrible. Do you have a sense whether at the national level processing online N-400 cases is faster or slower than paper cases? faster; N400's are usually very easy with 80+% being easy to approve. Most paper applications are earlier and take longer. Do FOD officers prefer online or paper N-400s? Depends. Newer ISOs - online digital. Veterans - maybe paper. Me: so read that last answer together with the statement about higher turnover. As staff turnover is high, this means that your case is more likely to be assigned to an ISO that prefers online. I was against online due to countless technical glitches. After this post, I changed my mind.
  7. That is plenty of time together. I think you should get married. And keep meeting after filing I-130.
  8. 1. How long have you known each other? 2. How many days have you spent in each other’s presence to date?
  9. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-9 If the applicant has not received any of the listed vaccinations and the vaccinations are age appropriate and medically appropriate, the applicant has a Class A condition and is inadmissible. Generally, all age appropriate vaccine rows of the vaccination assessment must have at least one entry before the assessment can be considered to have been properly completed. However, the COVID-19 vaccination (required as of October 1, 2021) differs in that the applicant must complete the entire vaccine series (one or two doses depending on formulation).[4] So 2 doses are enough
  10. Intent was decided by CBP at the port of entry. The burden of proof is not on your future wife. Can USCIS prove she lied to CBP? You tell us, because you keep bringing this issue up. At a certain point I will have to conclude there was immigration intent.
  11. IOW he said that her was a 90 day rule. yes loss of global entry seems like a risk given you’ve less than a week to get all this done. Again, your attorney is not competent. The onus is on USCIS to prove she had immigration intent. If there is an I-485 interview, she could be asked if she intended to marry and adjust status. How she answers that can have an effect. A truthful answer that says “no” will be fine. The longer her answer, the more likely there will be a problem.
  12. Assuming the emergency ends on May 11, yes I expect that these seeking to enter on a non immigrant status will be exempt from a Covid vaccination requirement.
  13. Your attorney is advising her to file to adjust after her 90 day authorized period has expired: * your attorney is not competent * there is no 90 day rule for adjustment of status * if she files after her authorized stay ends, her global entry privilege can be revoked. And Canada is less forgiving. Her opportunity to get NEXUS might be forever revoked * if she files I-485 after her authorized stay expires, between the day her stay expires and when I-485 is filed, she is subject to detention by ICE. See
  14. There’s no way to adjust status because of the illegal entry, with the exception of parole in place for spouses of members of the armed forces. You need a lawyer. The lawyer will take care of the I-130 and the waiver for a legal entry and any waivers for the criminal history. Once that is all approved and an interview is scheduled at your country’s embassy, you would leave the U.S. for the interview and hopefully get an immigration visa.
  15. it is now the shorter timeline https://www.visajourney.com/timeline/stats.php?history=90 https://www.visajourney.com/timeline/irstats.php?history=90 less money and faster path to gc. IMO most K-1 couples the ones who can afford K-1 pushy to whom? One can make the counter argument that K-1 shows lack of commitment. What stuff?
  16. My experience with a prenup: the lawyer said: “When she enters the U.S., call me then” Your experience might vary with your state of residence, your lawyer, and your spouse’s lawyer. This might be one of the few advantages of a K-1 versus a spousal visa. Our state of residence at the time was California.
  17. Your profile says you filed K-1. Sing the prenup when both of you are in the U.S.
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