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Mike E

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Everything posted by Mike E

  1. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim “C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien- … (ii) has been absent from the United States for a continuous period in excess of 180 days” https://www.aila.org/File/Related/18110604b.pdf
  2. You never know for sure until the passport is back in hand if you were denied or approved
  3. This form is AFFIDAVIT OF PHYSICAL PRESENCE OR RESIDENCE, PARENTAGE, AND SUPPORT You did that already to get the CRBA. The child has a U.S. passport now. For evidence of U.S. citizenship goes, the old passport is all that is need to get a new passport. Leave the CRBA at home in your safe. https://travel.state.gov/content/travel/en/passports/need-passport/under-16.html “ Full validity, undamaged U.S. passport (expired passports are accepted). Full validity means the document is/was valid for 10 years for adults and 5 years for children under 16.”
  4. Probably. However any kid born out of wedlock between November 14, 1986 and June 11, 2017, might be a U.S. citizen if you are a mother who had 365 days of continuous presence in the U.S. before each kid was born. If not, then those under age 18 will become U.S. citizens upon entering the USA on their IR-2 visas. Thus you will be filing I-864W for them (technically they file, and you sign if they are under age 14) and not I-864. My understanding of the purpose of domicile is compliance with the law behind I-864. Since there is no I-864 for the kids, logically you would not need establish domicile for the kids. But logic doesn’t always resonate with a consular officer. Regardless after their visas are issued you don’t pay their immigration fee ( https://my.uscis.gov/uscis-immigrant-fee/ ) since they don’t need green cards.
  5. I would also keep trying to schedule a medical before the interview. Slots can open with cancellations.
  6. Your mom’s B-2 visa doesn’t cover that use. I’m out.
  7. That will make everything run smoothly. Good decision. You are less likely to have a secondary and your wife won’t be waiting for hours at the airport in the U.S. while you are waiting with no mobile or WiFi as CBP secondary inspection facilities are known for (IME). Plus you will be an LPR before you arrive in the U.S. Now you can truly relax.
  8. Your story has changed. You led with the above. “Help” is work. A B-2 visa is not a working visa.
  9. Cool. As long as your spouse is inside the USA when you arrive it is fine. Expect a long time in secondary inspection (mostly waiting).
  10. Cool you’ve been married more than 2 years so you will get a 10 year gc. Is your spouse traveling with you?
  11. 1. Were you married in 2021? 2. if so is the 2 year anniversary of your marriage before or after your visa expires?
  12. you do not need certified copy Usually a passport will be enough Varies by field office and ISO. If she doesn’t mind, she should try to attend. When you take oath of citizenship you lose your gc. If you have same day oath then you will have a challenge getting a U.S. passport in time.
  13. 1. Did you lose the naturalization certificate too? 2. Was your oath taken in federal district court? Try https://www.wied.uscourts.gov/faqs/how-can-i-get-copy-my-name-change-petition . The previous is the process for a particular federal court. YMMV for your court.
  14. Probably not hard for a U.S. private investigator. It comes down to how valuable a U.S. passport is to you.
  15. If (addition to the evidence you have described so far) you can: * show your parents were married before you were born * show your dad had at least 5 years of physical presence in the USA before you were born * shows your dad had at least 2 years of physical presence in the USA after he reached age 14 and before your were born then your quest for a U.S. passport will succeed. If so make an appointment at the nearest U.S. consulate or embassy to get a U.S. passport.
  16. I'm now a believer in unsolicited evidence. I don't understand how this evidence helps your wife's case, assuming you provided your marriage certificate and your son's birth certificate in the original evidence. Perhaps there is something specific to the U.S. embassy in Manilla that makes your proposed evidence useful. If so, that would happen at the consular stage.
  17. When you apply for citizenship that you are providing child support according to the agreement approved by the family court. Not knowing your state of residence, your income, or your wife's income I cannot predict how much child support you will owe. Most states use the "Income Shares Model". If the state determines that it costs $1000 / month to raise your daughter, and you earn $75,000 a year and your wife earns $25,000, then you would pay $750 / month. If you have joint custody, the number of days per month your daughter lives with you could reduce your portion. Looks like it will be a contentious divorce. If you are afraid of her filing for divorce while you are gone and can't afford a lawyer, you probable can't afford trip outside the U.S.
  18. Not seeing a case for fraud (so far, but sometimes when these threads run long enough, it comes out). Plan of action: * apply for a Utah marriage license tomorrow (today is a holiday) * get married this week or next * meet up in person * file I-130 * consult with lawyer as to whether there is a ban or not and for how long. If a 3 year ban or no ban, no issue. If a 10 year ban the lawyer files the waiver when appropriate.
  19. Did the couple know each other before alien applied for an F-1 visa?
  20. I didn’t. I said you should discuss with your lawyer. I’m out.
  21. That’s a topic of discussion between your lawyer and you. Misdemeanors are crimes. And this is not DIY.
  22. I don’t see a point to this. When I filed N-400 under the 5 year rule in didn’t include my mortgage statements. If you have a criminal record then it is questionable as to whether you should file N-400.
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