SteveInBostonI130
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Everything posted by SteveInBostonI130
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April 2024 filer
SteveInBostonI130 replied to toor09's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
I-129, petition for nonimmigrant worker (i.e. H1B), is 3-3.5 months. I-129F, petition for alien fiance, is 9 months for normal (California), 26.5 months of AWA background checks (Vermont). Select I-129F, Select K1/K2/K3/K3, Select California Service Center: https://egov.uscis.gov/processing-times/ EDIT: 6 months is the "goal" USCIS set for I-129F starting in March 2022, but actual process times are longer. -
1. You can sponsor him for U4U. I sponsored my wife's cousins who were in Canada - there was no issue. 2. USCIS website's FAQ specifically states that getting U4U will not affect a valid B2 visa. However, my nephew received an email from the US Embassy that issued his B2 visa in 2022, stating that his visa has been cancelled. He entered the US on U4U last year. We are trying to figure out why his B2 was cancelled.
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His passport is the temporary I-551 until the physical I-551 (green card) arrives in the mail. The I-9 does not allow an employer to demand specific type of proof - he chooses what to show. He can show his passport with the I-551 "endorsement", or If he has a state DL, then that plus the social security card is all he needs to present to the employer. The bank should only require a photo ID and SSN card, plus proof of address. Unfortunately, each bank has their own policy of what documents are needed. Try Bank of America (which I do not like). We used a local MA credit union with no issues. Also, perhaps Chase or another online bank? https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents
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AOS interview
SteveInBostonI130 replied to yothisisandrea's topic in Adjustment of Status Case Filing and Progress Reports
Biometrics is done at basically any USCIS office, even one that is not the designated field office for your address. My wife's ROC biometrics was Bedford, NH. Her N400 re-used the ROC biometrics, her ROC was approved without interview, and now her N400 interview is in Boston. -
USCIS does not consider Medicaid as grounds for public charge inadmissibility. https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/public-charge-resources The bigger issue is that unless he has been here in the US for 5 years, your husband cannot get Medicaid. https://www.healthcare.gov/immigrants/lawfully-present-immigrants/
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I submitted 7 I-134A's in 2023. They all took about 4-8 weeks for approval. Recently, I applied for my sister-in-law in July 24, 2024. I tried to contact USCIS on the phone earlier this month with no success. The new AI system states "you have not responded with enough evidence to connect you to an agent" (paraphrase) and hangs up after about 3-4 times. This is when asking about the status of IOExxxxxxx - the I-134 receipt number. I message my US representative, and they received a response from USCIS. The response stated that the I-134A verification takes up to 180 days, and to please do not contact them again until 180 days from the date of their response email. Here's the actual response: One interesting thing to note is that I can submit an inquiry after 180 days from the I-134A receipt date, but then also I need to wait until 180 days from the USCIS response date to follow up on the status, which will actually be 180+77=257 days. If I waited 180 days when I contacted the US representative then USCIS would have to have given me the actual status? I submitted updated financial information - new employment verification letter and latest pay stubs - last week. I will wait a couple of weeks to see if this affects the processing. I may have to have my wife submit for her sister.
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Interview documents
SteveInBostonI130 replied to Maam1819's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
https://travel.state.gov/content/dam/visas/Supplemental/appt letter_checklist for interview.pdf -
There was a poster who had an extreme phobia of flying that attempted the waiver. He was denied. In the end he flew his SO to a Caribbean island and he drove long distance to a port in Miami or Ft Lauderdale and took a cruise to that island. @yetanotherfaery, your case will not qualify. As others have mentioned, there are other ways to meet in person if he cannot travel to the US. USCIS is very, very strict with the "meeting in person within 2 years" requirement.
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This is incorrect information. CSPA does not "freeze" the age at the date of petition submission. CSPA allows for age adjustment while waiting for an immigration visa. Basically, the time it takes for USCIS to approve the I-130 is subtracted from the real age of the child. Example, "child" is 22 and 3 months when an immigration visa number is available. It took 2 yrs and 2 months for USCIS to approve the I-130. The CSPA age of the child is 20 years and 1 month, which is under 21, and therefore the child qualifies for the visa. OP, I assume your category is F2A? Oct 2024 visa bulletin shows November 2021 for PD dates for all areas except Mexico, which is March 2021. It will be 2-3 years before your child's PD becomes current, and therefore your child will age out and will be changed to F2B. This will add 5 years to the wait for all areas except Mexico and Philippines. For Mexico it will be an additional 16 years+, for the Philippines it will add 10+ years. Your child must remain unmarried. The only way to not age out is if you become a USC in the next month.
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Loss of Employment Before Trip - B-2 Visa
SteveInBostonI130 replied to weml66734's topic in Tourist Visas
There is always a chance CBP can deny entry. All you can do is answer any questions from CBP truthfully. Typically they will ask purpose of your visit, how long you intend to stay, and where you will stay in the US. I doubt they will ask you about your employment, but they might. -
1. Ireland and rest of Europe is very easy for K1. USCIS and Dept of State are looking for cases of immigration fraud. The risk of fraud from EU is extremely low. 2. You will need the minimum requirements: US citizen petitioner, have met physically in the last 2 years, petitioner has no WAVA related criminal record, both are free to marry (single or divorced with proof of divorce) and have submitted signed statements that they intend to marry each other. 3. Make sure the I-129F is filled out correctly. Once the I-129F is approved, make sure that the DS-160 is filled out correctly. Get the medical and required documents (including a more recent statement of intent to marry each other), attend the interview, and get the visa.
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Another One SMH
SteveInBostonI130 replied to 98obs's topic in Effects of Major Family Changes on Immigration Benefits
According to your original post: Marriage: Sept 2021 I-130 Approved: March 2024 US Entry: May 2024 From the above dates, you were married 2 yrs and 8 months. She should have received a 10 year greencard. -
Aside from general relationship advice, like meeting first, your case is not much different than any other case for CR1, except: 1. Morocco is a difficult embassy. You will need more proof of genuine relationship than typical 2. Fiance visas seem to get denied more often than spouse visas. I recommend getting married and go the spouse visa route. 3. It helps you are both Muslim. 4. If things work out and you do get married, remember that you will need separate petitions for everyone: one for your wife, one for your stepdaughter, one for your other stepdaughter. 3 petitions in total.
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There are exemptions to the Public Charge rule for certain people, including certain Humanitarian Parole groups. However, Ukrainians are not listed in that group: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-3 From what I have read, you do need to list the public benefits they have received. Certain benefits are not considered as grounds of inadmissibility. You will need to list all the benefits they received and USCIS will make the determination. Also, the I-485 will not be approved (once the public charge issue is resolved) until after the I-130 is approved. Please check the status of the I-130 for your parents. If the petitions are at NVC, you will need to request for it to be changed to Adjusting status and sent back to USCIS.
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Utah Zoom Marriage
SteveInBostonI130 replied to us-citizen's topic in What Visa Do I Need - Family Based Immigration
If pursuing the marriage route, I recommend the following in the specified order: 1. File for your FOIA and other paths/forms to try to clear up the N400 issue. 2. Use Utah Zoom Wedding to get married. 3. Travel to your significant other and spend the night together. This "consummates" the marriage in the eyes of USCIS. Without this your Utah Zoom Wedding is not recognized as a valid marriage. 4. Wait for the outcome of Item 1, above, and then file the I-130. Or (not recommended) file the I-130 the day after you consummated your marriage. 5. Finish the spouse visa process. 6. Your wife will enter as CR1 or IR1, depending on how long Item 1 and Item 5 take. If you file the I-130 before you visit your wife after the Utah Zoom Wedding, your petition will be denied. If you file the I-130 before you resolve your N400 issue, your petition may get denied or at the least will be delayed until you satisfy RFEs. Each denial will place a greater burden on subsequent I-130s. The best "chance" is to get all your evidence together for the first petition. -
Others here are correct. I had forgotten that F2A is not current. It will take several years for the process. Sep 2024 visa bulletin shows 15Nov21 as the action date for F2A.
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K1 and Remote Work
SteveInBostonI130 replied to ETM8986's topic in Working & Traveling During US Immigration
https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens Under the "Permission for Work", it states the fiance can apply for work authorization via form I-765. It is implied that work is not authorized until the I-765 is approved. Remote work is allowed only with EAD.