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Mike E

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Everything posted by Mike E

  1. We are less than 2 weeks from February 7. The juice (file a few days sooner) is not worth the squeeze (hassle of 3 year evidence). 5 year basis is a no brainer. Agreed. I agree with filing on February 7.
  2. The process per se doesn’t change. The scrutiny magnifies. As the link in provided you points out, you needed competent legal representation before you started. You might yet salvage this.
  3. Agreed. My point is that N-600K might be better because OP will get to the answer faster. And if the answer is no, OP can continue to raise the child in Mexico until adulthood. The IR-2 process might not get to a “no” until the visa interview.
  4. It’s a mixed bag whether airlines accept official USCIS copies or not. I’ve heard of denials and acceptances. However, while we were boarded each time with our original, I can now understand why some airlines in concert with CBP deny boarding to LPRs with original USCIS extension letters. Because as @OldUser says, they are different forms and not matching what the CBP carrier guide says. My wife’s original extension letter says I-797 and not I-797C. So thanks to @OldUser ‘s catch, LPRs need to carry two extension letters: the original I-797 and the I-797C. The carrier information guide hasn’t been updated in 4 years!
  5. Does this help? https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/SGP-Singapore.html
  6. The basis behind my question is that my impression (from years of reading visajourney) is that USCIS / State take dim views of adoptions of relatives whose biological parents are still living and still capacitated. The oft-post “Can I adopt my niece” question for example. Hence my question if the child was an orphan. @Family will hopefully correct me but this no longer is text book as I earlier proclaimed. And this was critical information missing from your OP. I can understand why you are having trouble finding a lawyer. It’s looking like N-600K to me.
  7. https://www.visajourney.com/timeline/stats.php?history=90 The duration from I-129F filing to when when approved case is sent to NVC is in theory country independent. In the link I provided, the duration from NVC to interview is also listed.
  8. Seems unlikely the law legislates the form factor of an extension. Legend says there are stand alone ADITs with a photo that are on a larger form factor than a credit card: legend says 8.5x11 inch sheets. We also known that ADITs on a paper I-94s are getting mailed out sometimes (I’ve see two examples), and these are between letter size and credit card size. So credit card sized ADITs good for 4 more years ought to be fine. I doubt that Congress intended for RoC to be a 4 year process though. I would think that those in Congress who voted for IRCA in 1986 would be as enraged as we are, albeit some of those would be enraged for different reasons.
  9. Agreed, but that ship has sailed. The kid is theirs now, and they need to at least try I-130 before they permanently settle in Mexico and try N-600K.
  10. Not sure if USCIS or NVC determines it, but the law is this is an IR2 Any class of immigration visa classification will make your child a citizen provided you can show * legal custody (easy: you have adoption papers and are married to the other parent) and * physical custody. This is always a pain to show: you need government records listing your child and you as living at the same address, school record for your child, your state drivers license should do it. Or get your child a state ID of your state allows it.
  11. I know it isn’t. The department of state FAM: https://fam.state.gov/fam/09FAM/09FAM010208.html FAM 102.8-1(D) Proxy Marriages (CT:VISA-1272; 05-03-2021) A marriage where one or both parties was not present (proxy marriage) is not valid unless the marriage was consummated. (1) Consummated: [… I’ve already quoted this part earlier in this thread ] (2) Unconsummated: A proxy marriage that has not been subsequently consummated does not create or confer the status of “spouse” pursuant to INA 101(a)(35). For IV cases, a party to an unconsummated proxy marriage may be processed as a nonimmigrant fiancé(e). A proxy marriage celebrated in a jurisdiction recognizing such marriage is generally considered to be valid; thus, an actual marriage in the United States is not necessary if the applicant is admitted to the United States under INA provisions other than as a spouse. (See 9 FAM 502.7-3(B) for additional information on fiancé classifications.)
  12. https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-to-the-united-states is another link OP might find useful. I like it because for me it lays out the 3 adoption methods.
  13. From the news release: ”We will issue new receipt notices to eligible conditional permanent residents who previously received notices with an extension shorter than 48 months and whose cases are still pending” USCIS does not want to issue ADIT stamps any more. 2022 made that obvious. So of you don’t get your letter 90 days before your current extension letter expires, contact USCIS to resolve your missing letter. Avoid an ADIT stamp because some field offices will seize your gc if you get a stamp.
  14. https://www.visajourney.com/examples/Fiance_Letter_of_Intent.doc Your parent can hand write the above, sign, date, send you the digital photo. You can print the photo and submit. Why are you doing I-129F?
  15. You intend to perform unauthorized work in the USA. You to tell (“frame”) the CBPO you will be performing unauthorized work in the USA. What outcome are you expecting?
  16. “Not worth a bucket of warm spit” Said by 32nd VPOTUS about the job of VP. Unless those materials were related to any 50/50 Senate deadlocks, Pence had no reason to access classified materials while in office. Given that, this is also on Trump for letting his VPOTUS have access to classified materials.
  17. Until they meet yes. If they got married today and the K-1 visa was issued tomorrow, would you still not be a fan of my advice?
  18. Marry now online. To keep your options open, withdraw I-129F only after you meet. This way if I-129F is approved before you meet, the alien can continue the K-1 process provided you two don’t meet again until the alien arrives in the USA. If so, you can then immediately file the I-485 package and get a 10 year green card if the date of your marriage certificate is 2 years or more before I-485 is approved. Mind blowing but it is the law and there are people on visajourney who have done it.
  19. This is work. She can hire people authorized to work in the USA to do all that. IOW you plan to lie to a federal officer. And then work illegally. Cheaper in long run to give her the money to hire a mover.
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