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Mike E

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Everything posted by Mike E

  1. The plaintiff (the beneficiary) went to federal court to seek relief under the I-864 contract. The federal court refused to intervene because the final ruling ob state court divorce case was that the petitioner was excused from the I-864 obligation. 1481 Before the trial court concluded its proceedings following the remand, appellee filed an action in the United States district court against the United States of America and appellant. The United States district court dismissed the matter, finding that appellee's case amounted to an impermissible attempt to appeal this court's judgment It does. See: https://media.ca11.uscourts.gov/opinions/pub/files/201914668.pdf In this case, joint sponsors refused to provide support to the beneficiary (because he was a child rapist). Courts said: pay up butter cup.
  2. Can you travel by motor vehicle to border of Mexico?
  3. K-1s are denied to people who do not meet in the prior two years. The medical condition of the petitioner is not a factor
  4. He should apply for a tourist visa. Invitation letters for U.S. tourist visas are not a thing, and they can even assure denial. If he cannot get a tourist visa, then given your constraints, he will not get a K-1 or CR-1.
  5. I suggest meeting in person. I cannot follow your tourist visa plan.
  6. You are not getting a K-1 visa without meeting at least once in the past 2 years.
  7. In the U.S. the IRS exempts the first $500,000 in capital gain for a couple filing jointly if you have lived in the house for 2 or more years in the past 5 years. So unless you acquired the house for zero dollars, the revenue from sale does bot matter. What matters is net sales proceeds minus purchase price - purchase some purchase closing costs - cost of home improvements - cost of repairs needed to sell house.
  8. Just file your tax returns 1. This is immigration fraud 2. This does not change the requirement to have tax returns
  9. Your problem is that you tell USCIS about this child when you filed I-129F. Now you want to petition a child that you claimed did not exist. The embassy should wonder how many more step children will your wife and you discover. Still, it is the U.S. embassy at Manilla, which seems to be chill about stuff like this. So maybe it will be ok.
  10. You have an N-600K receipt
  11. There was an RFE, and OP did not fully comply. I have only seen one case where USCIS issued a second RFE for I-864 after the applicant made an omission in the response.
  12. Poor advice. After 33 days, the alien accrues unauthorized presence. Biden has chosen to not enforce the law, but Biden’s term might finish in less than 2 years. In addition, nothing stops ICE from detaining an illegally present alien. Finally, with enough unauthorized presence there can be a ban. If the alien has to leave the U.S. for say a family emergency, the ban will be enforced by the embassy if a visa is pursued and allegedly can enforced by CBP even if the alien has an Advance Parole document. If the petitioner has the required I-864 documents and income there is no good reason to not file by the deadline. I would not wait for I-693 to file.
  13. F2A category is no longer current. Since your parents are not LPRs yet, I expect it will take at least 10 years if he does not age out. 15 if he does age out.
  14. Seems to be multiple stories. Expect the embassy to take a dim view of this material issue
  15. Legally they must. LPRs have a right to enter the U.S. If your partner is your spouse and understands the severe negative consequences of losing your gc, yes. An I-193 fee can be assessed. It think the odds are under 50 percent.
  16. Florida has a new state law for dealing wirg illegal immigrants. If TX asks for your GC so will FL.
  17. You can use the unexpired combo card to attempt to board the flight. When the airline sends the API to CBP before the flight leaves, it is conceivable CBP will deny boarding. If boarding is not denied, the LPR must present oneself as an LPR to CBP and be prepared to pay an I-193 fee. Filing I-90 before departing for the U.S. should be done. I would also expect global entry / NEXUS to be out of reach forever after this. I would attempt it as a last resort depending on the I-131a backlog at the nearest consulate.
  18. I-129F asks: 39. Does your beneficiary have any children? If you answered "Yes" to Item Number 39., provide the following information about each child. If you need to provide information for more than one child, use the space provided Part 8. Additional Information. Children of Beneficiary 40.a. Family Name (Last Name) 40.b. Given Name (First Name) 40.c. Middle Name —- What did you answer?
  19. Have you seen these? https://www.visajourney.com/forums/topic/799745-how-to-file-a-mandamus-in-federal-court/ https://www.visajourney.com/forums/topic/800531-i-751-sample-mandamus-and-writ-of-mandamus-process/
  20. And yet, given how fast most cases are being processed that is a real possibility. At your interview, if it is not same day oath, you can tell the ISO your wife is expecting and advise him that you want the oath to be no sooner than say 2023-10-23. If you miss oath because she goes into labor, another oath will be automatically scheduled. Two strikes and you are out. If she goes into labor while you are at the oath ceremony, note that early in the process, you will hand in your gc. Do not expect to see it again after that. So once you show up for oath, you are there for the duration. Maybe you can ask for a quick oath. I would not count on it.
  21. I used to believe that. And now I do not: https://www.supremecourt.ohio.gov/rod/docs/pdf/6/2012/2012-ohio-2088.pdf
  22. If it asks why he was denied, if he knows, he can write the reason. If he does not know, he can write “unknown”. If he remembers being told the reason but does not remember it, he can write “I do not recall” I could not understand that.
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