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Everything posted by Daphne .
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I was able to visit on my Esta while my CR1 was processing, but it is up to CBP’s discretion. I had strong ties to my home country (job in middle management, property, etc) and only did short visits of 1-2 weeks. As a French citizen she is eligible to use an Esta, don’t have her apply for a B visa because she will lose her Esta if the B visa gets denied, and wanting to visit for long periods at a time doesn’t show strong ties to her home country. Also, check to see if her J visa comes with a 2 year home residency. When doing the CR1, the timing might work out (they take around 18 months), but double check.
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Maybe now is not the right time for you yet, you both are still so young, she just came out of high school! I know I sound REALLY old when I say this, but marriage and immigration are such serious matters, and jumping in at 19 years old seems very young to me. I know every 19 year old is different, but at the same time I wonder if you researched everything BEFORE you embarked on this journey? The financial requirements are clear, so you would have known that she didn't make enough and should have had a qualified joint sponsor lined up already. Were you both aware of the financial responsibilities when you started the process? Have her start a good job, so she has more financial stability and start thinking about (continuing) your immigration journey in the future?
- 14 replies
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If parents would be in the US already, there would not be an issue. But having them enter the US with the intent to adjust status is fraud. What will they tell CBP when CBP asks them what the purpose of their visit it? What do you think will happen if they say “we’re going to adjust status once we’re in the US”. I also don’t appreciate your attitude and calling members racist when they give you an answer you don’t like. This forum has members from all over the world, and nobody made a racist comment. Drop your attitude!
- 18 replies
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If they are outside of the US, your only option is consular processing. Having them enter on a tourist visa with the intent to adjust status is fraud.
- 18 replies
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I will let people with experience with the Philippines chime in, but once you completed the Utah online marriage, you are married and don’t need to marry again in the Philippines though (or did you mean more of a wedding celebration? ). I remember a post from somebody who got married ‘twice’ and that got them in a pickle because they sent in both marriage certificates.
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@Crazy Cat’s overview is a good resource. In terms of timelines there isn’t a big difference at the moment. But don’t just look at the ‘fastest’ way, also look at what is best for the foreign partner. Do you want your spouse to be stuck in the US without being able to work, integrate and build their own life for many months? Is that a fair start of a life in a new country? If the answer is no, the CR1 would be the way to go and not the K1. Talk with your partner and make a decision with your head, not your heart.
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Citizenship trough Vawa
Daphne . replied to plaviot's topic in Effects of Major Family Changes on Immigration Benefits
Is there an exception for VAWA filers that they can apply for citizenship under the 3 year rule? As far as I know, you have to be living in marital union with your spouse to be able to file under the 3 year rule. If the rules are the same for VAWA filers, you’ll need to file under the 5 year rule since you don’t live with your spouse anymore. And you are still married btw.. -
Tourist Visa - Are frequent trips to US permitted?
Daphne . replied to socaldude's topic in Tourist Visas
This travel pattern might raise suspicion with CBP eventually. How can you be away from work for that long and afford this without reveiving income for many months per year? You know you’re not allowed to work (even for a remote employer), correct? -
third time filer
Daphne . replied to Beverly56's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Pretty sure that the previous applications will still be in USCIS’s records, and your friend will of course also have to mention the previous applications when filing for spouse #3. I think it’s safe to say that USCIS will have questions about your friend’s filing history. -
K1 Denied. Applying for B1 Tourist Visa instead?
Daphne . replied to ZeUs_XxX's topic in Tourist Visas
So what exactly will the tourist visa be for? I hope you’re not thinking about having her enter on a tourist visa with the intent to have her adjust status? It looks like the plan is that you want to live in the US together. She has already shown immigrant intent (K1) so she will most likely not get a tourist visa. -
You can file for naturalization while your I-751 is still processing (and no, you didn’t pay the I-751 fee for nothing because eventually your I-751 will be approved hopefully). And yes, you have to pay a seperate fee for the naturalization application because that is a new application. You are receiving correct information from the members here
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Education difference?
Daphne . replied to clericbeast's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
An age gap and/or difference in religion could be a challenge (but people have been known to successfully overcome those), I have never seen posts about differences in education being an issue. -
Traveling on Extension Letter?
Daphne . replied to Hello729's topic in Removing Conditions on Residency General Discussion
Then obviously she would need a passport. And she needs to make sure to also have her expired greencard and (unexpired) extension letter with her. If her passport and greencard have a different last name (in case of name change after marriage) she also needs to bring her marriage certificate to show her name change. -
Traveling on Extension Letter?
Daphne . replied to Hello729's topic in Removing Conditions on Residency General Discussion
By hometown do you mean overseas? Yes, she will need a passport if she travels internationally -
In that case, adjustment of status will work. Just be aware that it might not be (a lot) quicker and they won’t be able to leave the US until they either have their greencards or their travel authorization. Keep this in mind because that might not be an ideal situation. Doing the adjustment of status always looks like a great idea until it doesn’t. Good luck!