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Everything posted by Daphne .
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I-130 processing time
Daphne . replied to beaver11's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
Just ignore that message all together, it is a very unreliable feature. Nothing you can do but wait, USCIS will let you know if they need anything. -
Switch to a CR-1 or stick with a K-1?
Daphne . replied to Kaylish's topic in What Visa Do I Need - Family Based Immigration
I agree with all the other comments. Not a fan of the K1 and would always advise couples to do the CR1, but you guys made it this far already! If not being able to work and leave the US for a while is an absolute deal breaker for the foreign national (something that I can absolutely understand), then you can start over with a CR1 of course, but as mentioned before: that means starting over, not switching.. -
How long had she known the US Citizen before marrying them within a month of entering the US on her tourist visa? Some people use the situation you described as a strategy to get a green card. They marry (any) US Citizen, and file for divorce (and VAWA because that would be the only way to have a chance for a green card), add a USC baby to the mix because they think that this strengthens their case. The ultimate goal was never to be with their spouse, but to have a way to move to the US. Not saying that your friend did this, just saying that USCIS sees plenty of these cases. Not too long ago I saw a post about VAWA denials, and browsing through those, the (lack of evidence of) legitimacy of the marriage and totality of circumstances were cause for a denial. VAWA is by no means a guarantee for a green card. How long has you friend been in the US? It doesn't look like it has been very long yet, since everything is still pending. Wouldn't she have more to fall back on if she goes back home?
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Married on ESTA + AOS
Daphne . replied to E&G's topic in Adjustment of Status from Work, Student, & Tourist Visas
If you need to scramble so much to meet the requirements etc. wouldn’t it make more sense to abandon the idea of doing AOS and go the consular processing route instead? This way, the both of you can work and get a little more financial stability. I understand that the idea of having to be apart for longer is not ideal, but having a spouse that won’t be able to work or travel freely is going to be tough enough as it is (for your spouse that is) -
Wait, what?! I am the foreign national and working my ### off to help US Citizens and LPR's find a job, I work at a Staffing Firm. So I would be the exception to your assumption, because my job literally impacts the US economy! Are you suggesting that most foreign spouses don't join the workforce? Even if they leave their spouse, the foreign national will still contribute to the US economy by working and spending their hard earned cash.
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Spouse/ marriage/ employment visa advice
Daphne . replied to Divine3's topic in K-1 Fiance(e) Visa Process & Procedures
This is not a DIY case by any means... Also, I wonder how one would be able to prove a bona fide marriage if you're never going to be able to live together? Not saying that you have bad intentions, but (other) people who are desperate for a green card might look into finding a USC who is in prison for life. Benefit of (potentially) getting a green card without actually having to live with your spouse. that almost opens the door to some fraudulent cases. You really need a lawyer to help with your case.. -
If you get married to her in Mexico, you’ll file for the CR1 (spousal visa) after that. It will not be quick though. You might want to take a breath, take a step back and research the process to fully understand what it all entails. Don’t let yourself get pressured into marriage and sponsoring an immigrant. Both come with serious responsibilities.
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No faster ways, employment based sponsorship (even if she would qualify for one, but that is a different conversation) are not quicker or easier. If she wants to move to the US to have a better life, she needs an immigrant visa. Getting one through you (fiancée or spousal) is the most realistic. Make sure that you know what that entails (in terms of having to get/be married to her and the financial responsibility that comes with sponsoring). No shortcuts!
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Fiancée visa (merged)
Daphne . replied to June_14th's topic in K-1 Fiance(e) Visa Process & Procedures
Your friend is giving you incorrect information. Your aunt doesn’t qualify for the fiancée visa anymore because she is married now. Maybe your friend was hinting that your aunt should try to get a tourist visa and use that to enter the US and adjust status, which is terrible advice and visa fraud.. Your aunt will have a tough time getting a tourist visa approved. Please tell your friend to stop giving people immigration advice because they are providing incorrect information! It’s a good thing you checked here. -
I-751 March 2023 Filers
Daphne . replied to D. Sala's topic in Removing Conditions on Residency General Discussion
Your explanation makes no sense.. How is working on the constant flow of new I-751’s accelerating the old ones? If anything, it’s PREVENTING them from working on the old ones. With kind regards, an August 2021 filer 👍🏻 -
It is disgusting, I agree! USCIS seems to especially LOVE people who adjusted status from a tourist visa or Esta, these seem to get approved in 1-3 months now (based on posts I’ve seen on Reddit for example). CBP and Embassies are trying everything they can to vet (and sometimes draw incorrect conclusions), but USCIS is rewarding filing for AOS with super quick approvals and ignoring the 2021 and 2022 filers. It is so wrong.. Personally I don’t care that my I-751 has been pending for close to 2 years now, I can work and travel, so it’s really not a big deal, but USCIS is almost ecouraging people to cheat the system and it’s sick!!
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Married on ESTA + AOS
Daphne . replied to E&G's topic in Adjustment of Status from Work, Student, & Tourist Visas
What kind of job does she have? I was able to visit my husband while my CR1 was pending. I had a stable job, kept my visits short (around 2 weeks per visit) because I couldn’t be away from work for longer. I think Finland and The Netherlands are comparable in terms of low-fraud countries. If she keeps her ties to Finland strong and doesn’t have long visits, you should be able to still see each other while the CR1 is processing. And you can of course visit her or meet in a different country. -
Married on ESTA + AOS
Daphne . replied to E&G's topic in Adjustment of Status from Work, Student, & Tourist Visas
These are the important things to think about. AOS always seems like a great idea until it doesn’t.. She’ll not be working or leaving for a while, could be only a couple of months, could be more than a few. Think long and hard about this, because you might both be thrilled about the possibility of her being able to stay for now, but the reality might not be as much fun.. If she has savings or is independently wealthy, great! If she is used to being independent and now has to rely on you for everything she needs, not great! -
Whatever floats their boat and works for them, absolutely! If the ‘open’ aspect is available for both partners and works in their relationship, I see no issues.