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Everything posted by Mike E
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Step children interview
Mike E replied to derrickmd18's topic in Bringing Family Members of US Citizens to America
Yes it can sit up to year. If more than a year, before a year has elapsed, the beneficiary must inform NVC that the beneficiary is still interested in an immigration visa. Their mother can go. NVC processing. See https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html When each beneficiary files DS-260 during NVC processing they should each indicate that they prefer to travel with each other and request that their interviews be scheduled same day, preferably at rhe same time, or at least back to back. If the interviews are not scheduled the same day, I would not attempt to reschedule. If the visas are issued on different days, I would not wait for the the other visa to be issued, because that which is issued can be canceled. It is a waste of time calling USCIS for this. If you want a live person, call USCIS, then say “info pass”. -
SCOTUS to unions, 8-1: You break it, you bought it
Mike E replied to TBoneTX's topic in Current Events and Hot Social Topics
The workers whose CBA expired, walked off the job while cement was still in the trucks. The court is arguing that workers had a duty to unload the cement before the walkout to prevent the product from solidifying in the truck and damaging it. I can see KBJ’s point. The employer chose to operate union workers without a new CBA. -
Visitor Visa for Dominican Republic
Mike E replied to AJ2019's topic in Working & Traveling During US Immigration
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K1 Visa appointment
Mike E replied to kiesh's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
If you know their passport numbers, try to get your I-94 travel history online: https://i94.cbp.dhs.gov/I94/#/home -
Married 6/3/2022. May should consider entering the U.S. on 6/4/2024 or later so that she can avoid I-751. At this point it is completely in her control. So if I-130 is approved say by July 1, 2023, then she should get her documents to NVC no sooner than 12/4/2024. The earliest the visa can then expire is 6/4/2024 (dated 6 months from medical).
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I have never heard of NVC * scheduling an interview without an I-864 being approved * I-864 being approved without the petitioner having either - filed a tax return for the most recent tax filing season, or - a statement from petitioner stating why they were not required to file a tax return So I have no idea how NVC dropped the ball, but I doubt the CO interviewing your spouse will do likewise File your tax returns. Pay your taxes.
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you have not. Again: I cannot communicate this more clearly. If there is an RFE this is not the fault of USCIS I am out.
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Weird updates on oath?
Mike E replied to Reed1812's topic in US Citizenship Case Filing and Progress Reports
I had dozens of text messages scheduling me for oath within the span of an hour -
CRBA proof of residency
Mike E replied to rainer8155@yahoo.'s topic in Consular Reports of Birth Abroad (CRBA)
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Step Kids Not Accepting Step Mom
Mike E replied to Kawika & Michelle's topic in Moving to the US and Your New Life In America
Yet they have means to provide financial support to a spouse living in the U.S.? IME, that math don’t add up. -
By between 1-3 months, depending how fast you respond. I cannot say I have enough knowledge of the U.S. military to assert that all deployments will list a military employer at a foreign address. I would not expect an ISO to have that knowledge either.
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Per https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-june-2023.html priority dates of 01FEB08 and earlier are current. Approving I-130 now does not help his case and if he has children, the longer the I-130 stays not approved, the better for them. Once either chart in the visa bulletin gets to 2011, start pressing for I-130 to be approved.
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This is a potentially material issue, since spouses of military have different rules for naturalization.
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I predict: Accept and RFE. Get ahead of this: * if you filed by mail, mail a letter noting the error and send a corrected page. Letter should note case number. * if you filed online, upload a PDF containing the letter and corrected page
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This is definitely not the experience of my ex-wife nor my two children, all born in the U.S. https://travel.state.gov/content/travel/en/passports/need-passport/apply-in-person.html supports this. It also says, "Your evidence must be an original or certified, physical copy. A certified copy is any document that has the seal or stamp of the official issuing authority. " On the previous page of this thread, I did in fact cite an example where a member of visa journey did in fact get a certified copy of the naturalization certification, which seems to have been ignored by everyone. Ignorance is bliss, I suppose. Regardless, technically, your original statement was correct, an original naturalization certificate is not needed. However getting past a passport application acceptance agent with a non-original is difficult. There are people who are not born in the U.S. who have successfully used attorneys to bypass the both the original and certified physical copy requirements as well as passport application acceptance agents. So apparently, deep in the bowels of law and/or FAM, originals are not required, but one has to have the patience. At a certain point it is not worth the risk of $1000 unlikely hit to lose a naturalization certificate.
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I-90 can be filed online. So a sample form is not needed
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Adjusting Status on ESTA
Mike E replied to Melissa Stuart's topic in Adjustment of Status from Work, Student, & Tourist Visas
Yes. If I-130 was already filed (your profile implies this) send the I-130 receipt with the I-485 package instead of a new I-130. However remote work is not permitted until his EAD is in hand. -
Is your fiance a U.S. citizen? That’s not good. You will be out of status with no authorized presence (until I-485 is received) and your ESTA privilege will be gone forever. So if you decide to continue down this path, then when it comes to I-130 and I-485, failure is not on option. Get I-485 there by June 9. Get married in Vegas today or tomorrow ( @Loren Y is hopefully available to make this part seamless). Start filling out forms: https://www.visajourney.com/guides/i130-spouse-inside-usa/
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continuous residence and physical presence questions
Mike E replied to sara88's topic in US Citizenship General Discussion
If you are spending more time in the ua than outside, that avoids problems with CBP- 27 replies
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- naturalization
- continuous residence
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Yes we are. https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf Visa Exempt Visitors: Canadian Nationals Passport required. Exempt visa requirement with the exception of E, K and V nonimmig classifications Can you cite the U.S. government’s use of this term? What terms are used for F-1, TN-1, and some of the other non immigrant visa exemptions that you claim do not exist? I have never heard of Canadian Student Privilege, Canadian Trade NAFTA Privilege, etc. 1. There are no other pages to place an entry stamp 2. Is an exit stamp from India, Schengen, Maldives, etc placed on one of those pages a visa? 3. Is an I-551 stamp from DHS on a “Visa” page a visa? 4. People who have visas sometimes get entry stamps too? Is each entry stamp associated with that visa a separate visa? 5. When I get a new passport, the word VOID is punched through every page of the old passport except the visas that are still valid, and so need to be preserved. Are those hole punches visas? 6. What about when CBP does not provide an entry stamp while still inspecting a Canadian stamp: is there still a visa? 7. Is the stamp an ESTA visitor gets a visa? 8. Is an entry stamp for an LPR a visa? The ones that say ARC? 9. Is an immigration visa endorsement from CBP a visa?