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Everything posted by Chancy
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*** Moved from Work Visas forum to the MENA regional forum -- topic is not about US visa process ***
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- uaeembassy
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Multiple travel with green card
Chancy replied to NikkoG's topic in Working & Traveling During US Immigration
*** Moved from General Immigration-Related Discussion to Working & Traveling During US Immigration *** -
*** Moved from US Immigration News/Discussion to Effects of Major Family Changes forum ***
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1. Maybe. Note that F2A visa holders are not required to be below 21 years old at the time of US entry. If the I-130 is approved and the DS-260 submitted before the child turns 21, they will likely be covered by CSPA and remain qualified for F2A, even if they turn 21 before the visa interview -- https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa 2. It won't hurt the case to request for expedite at every stage -- USCIS, NVC, consulate. 3. It will take about 8 to 10 years, maybe more, to get an interview for F2B. The 22-year-old should remain unmarried. 4. Do not get DNA testing done before being instructed to do so by USCIS or the consulate. US immigration will only accept DNA tests from accredited labs, and those labs typically require a case number.
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August 2021 K1 Filers - I129F
Chancy replied to J&D1008's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
The denials could also be for I-129F petitions for K3 spouse. USCIS routinely closes those in favor of the couple's I-130 petition. Most I-130 petitioners who file I-129F know that it will be denied/closed anyway, but hope that it will nudge USCIS to process their I-130 sooner. It doesn't hurt the I-130 cases, but it adds to the workload of USCIS, taking up time that could have been used to process I-129F petitions for K1. -
No, that won't work in Manila. The document screener at USEM will see from his records that your dad has not cleared the visa medical yet, and won't allow him to proceed with the visa interview. No exception to this policy of the consulate in Manila that I know of, ever. You don't have to cancel the appointment, though, as your mom may still interview without your dad. SLEC would have advised your dad to not show up for the interview before the results of his sputum culture testing are released. Here again is the consulate policy that I posted in your previous thread -- "In some cases, the SLMCEC will direct the applicant to engage in subsequent testing, requiring rescheduling of the original visa appointment. You must follow the guidance from the medical provider and will not be admitted if this is the case. SLMCEC does have the authority to provide this guidance to applicants; following this guidance and not appearing for your interview is the correct course of action and will not adversely affect your visa case." -- https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MNL-Manila.html#medical_exam_instructions
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Your posts are not consistent. You mentioned your wife, yet it seems your wedding has yet to take place. Are you married or not? In any case, if you get married before your visa interview, you must update your marital status to "Married" and provide your spouse's details on the DS-160 before you face the consul officer on your B2 interview. As I said, marriage to a US citizen is a material fact in a B2 application. If you do not disclose this detail at your B2 interview, you could be accused of misrepresentation. At worst, it could result in you being barred from getting any kind of US visa.
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Continuing PR Application in USA
Chancy replied to Tahuti's topic in Adjustment of Status from Work, Student, & Tourist Visas
Are you currently in the US? Is your spouse a US citizen? -
Welcome to VJ! It would depend on the consulate's policy at the time of the interview, if they will let you accompany your fiancee. Whether you will be allowed in or not, it will benefit her case for you to be in her country at that time. In case you are not let in to the consulate, you should have her bring your actual US passport to present to the consul officer and say that you are waiting outside for her. It's good evidence of bona fide relationship that you are physically present there.
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*** Moved from General Immigration-Related Discussion to Tourist Visas forum, where ESTA-related topics are also discussed ***
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This would have been a great update, except that USCIS does not approve visa applications of any kind. Visa applications are only approved by Department of State consulates outside the US. Maybe you mean USCIS approved your I-539 Change of Status to B2 or H1B.
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- h-1b
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*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures *** Interviewing for the B2 before filing the I-130 would be slightly better for your chances of being granted a B2, but not by much. Regardless of the I-130 filing, to be approved for B2, you will have to overcome the strong tie of being married to a US citizen. Your Canadian PR will help, but is not a guarantee. More importantly, whatever you decide regarding the I-130 filing, you must update your marital status to "Married" and provide your spouse's details on the DS-160 before you face the consul officer on your B2 interview. Leaving it as "Single" would be the worst mistake you could make in your US immigration journey as that could be considered misrepresentation. Your marriage to a USC is a material factor in your B2 application.
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Due to the ongoing high demand for nurses in the US, it's actually easier for nurses than engineers to get an employment-based (EB) immigrant visa. EB3 visa is a well-trodden and relatively fast immigration route for nurses. For engineers, it's more typical to pursue H1B non-immigrant work visas, but getting one of those depends on being selected via lottery. So for your fiance, the K1 route is more certain and likely faster than trying for H1B.
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DQ'ed but no Interview Letter yet
Chancy replied to Teejay26's topic in US Embassy and Consulate Discussion
*** Moved from NVC forum to Embassy/Consulate Discussion -- OP's wife's case is already DQ, and interview scheduling varies by consulate, not an NVC issue *** I assume you're waiting on IL from the consulate in Mumbai, as your VJ profile indicates India. If so, you may have to wait around 6 months more or so. Mumbai has just sent out ILs for cases DQ March 2022, based on the updates in the thread below --- 2 replies
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- dq sept 2022
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"Withdrawal (WD2)" is ok. It means you were allowed by CBP to withdraw your request for admission to the US and return to Canada without any ban. "Voluntary Departure" is bad. In US immigration terms, that means a person who is out of status in the US and under removal proceedings, chose to leave before being forcefully deported by ICE. You did not go through voluntary departure as you did not even enter the US.
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There is no clock to be reset. The requirement is 40 qualifying quarters of work credits, regardless of when those were earned. If he has not already done so, have your husband create an online account with SSA to check how many quarters he has on his record -- https://www.ssa.gov/prepare/review-record-earnings
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No need for Adjustment of Status for CR1. After you enter the US with a spouse visa, you immediately become a US permanent resident (ie. green card holder) the moment CBP stamps the visa on your passport. Your stamped visa will serve as your temporary green card for 1 year. Maybe you mean Removal of Conditions (ROC)? That's for those with 2-year green cards. Filing for ROC is required within 90-days before the 2nd anniversary of the green card, not the marriage. You can avoid ROC completely if you first enter the US with your spouse visa AFTER your 2nd wedding anniversary, assuming your spouse visa is not expired by then. That way, you get a 10-year green card, not a 2-year one. When was your visa medical completed?
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319b Derivide citizenship though 319 route (split)
Chancy replied to Sean&Tracey's topic in US Citizenship General Discussion
Did you take your US oath while you were physically in the US? If so, was your son in the US with you at the time? If not, and your son has not returned to the US since you became a US citizen, then the consulate is correct to deny your son a US passport as he is not a US citizen (yet). As you were told, apply for his US passport after you and your son return to the US. Note that he has until his 18th birthday to be able to automatically derive US citizenship through you, so you both must return to the US before then.