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Everything posted by Chancy
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I-129F sent (Merged)
Chancy replied to Daniel1604's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
*** Moved from K1 Process & Procedures to K1 Progress Reports, to be among other threads about timeframe estimates *** -
I-912 Fee Waiver ???
Chancy replied to Jalan's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures *** -
NVC questions about AOS [split & merged threads]
Chancy replied to tomas2243's topic in National Visa Center (Dept of State)
*** Merged related threads. Please post your questions/updates related to this topic in this thread to keep the discussion in one place. *** -
Note that these forms specifically ask for physical address and mailing address. If you currently live in the Philippines, your physical address should list your Philippine address. Your mailing address can be any address, preferably in the US, where you can reliably get your mail. If your paper mail gets delivered to your CA address, then list that. It's ok even if your mailing address doesn't match your current physical address nor your future intended address. Also, on the I-864, it's ok to list "USA" as your "Country of Domicile" (I strongly recommend you do so), yet have a Philippine address listed as physical address.
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I doubt it would matter. You and your wife are free to move anywhere in the US anyway after she gets her spouse visa. That said, fill out the DS-260 form (at NVC stage) with your intended US address if you already decided on it. And make sure your wife is clear about your plans as she may be asked about it at the interview. I was asked at my interview about where I will live in the US.
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*** Moved from US Citizenship Progress Reports to General Discussion ***
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Interview appointment letter for visa medical [merged threads]
Chancy replied to EthanB's topic in United Kingdom
*** Moved from K1 Process & Procedures to the UK regional forum, for country-specific input on visa medical and interview booking process in London *** -
Legal name change N-400
Chancy replied to Marrienne's topic in Passports, etc. - What to do now that you are a US citizen
*** Moved from US Citizenship Progress Reports to What to do now that you are a US citizen -- OP's questions relate to processes after becoming a USC *** -
More suggestions for you -- https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos23 The US embassy in Manila is not particularly strict about domicile for spouse visa cases, as it's unlikely that the American petitioner would want to stay in the PH while their Filipino spouse flies off to the US. They are more strict with domicile for family-preference cases, as many Fil-Am retirees in the PH sponsor their adult Filipino children to move to the US, while they continue to stay in the PH.
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The minute CBP stamps her CR1 visa on US entry, it becomes a green card valid for 1 year and equivalent to the plastic GC for all legal purposes. So she will have a GC from day 1 in the US. As for the plastic GC, pay the $220 immigrant fee after the CR1 visa is issued, then wait for delivery after arriving in the US. No need for I-485.
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Ignore the I-485 instructions as that is not applicable to your wife's case. CR1 immigrants do not need to file I-485. You will need to submit I-864 at NVC stage before your wife can be interviewed for a spouse visa. Refer to this flowchart for the process overview -- https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html
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Son coming to U.S before 18th birthday
Chancy replied to Rey_o's topic in Bringing Family Members of US Citizens to America
That would be illegal and could cause issues for his son's immigration/citizenship down the line if USCIS scrutinizes the case. From https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos23 -- A petitioner who is unable to demonstrate that he or she is domiciled in the United States who wishes to qualify as a sponsor must demonstrate that: He or she has either already taken up physical residence in the United States; or He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrant’s admission. The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must arrive in the United States concurrently with the applicant. -
NVC Welcome Letter IR5
Chancy replied to Arun87's topic in Bringing Family Members of US Citizens to America
*** Moved from IR1/CR1 Process & Procedures to Bringing Family of USC forum, where topics about IR5 cases are discussed *** -
Case is being expedited
Chancy replied to Amir muse aishor's topic in Bringing Family Members of US Citizens to America
*** Removed thread on the same topic. Please post your related questions/updates in this thread to keep the discussion in one place. *** -
Visa approved however...
Chancy replied to ChelseaPresutti's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
*** Removed related thread. Duplicate question already addressed in this thread. Please post your related questions/updates in this thread to keep the discussion in one place. *** -
Your financial capacity will definitely be a factor, as the consulate expects that you can afford to support an immigrant. It would not be good to give the consulate the impression that you could not meet in person more often because you could not afford to travel. Being on the phone 24/7 with your beneficiary or having hundreds of screenshots of online meetings would have little value as far as the consulate is concerned, if you do not have enough in-person meeting time to satisfy them. And from what we have seen from reports from others who were processed through Lagos, it takes a lot of in-person time together to satisfy that consulate.
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Not required until after the I-130 has been approved. So upload along with I-864 at NVC stage.
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Visa approved however...
Chancy replied to ChelseaPresutti's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The message is clear in the context of this thread and the OP's situation, as the OP has no valid K1 visa (as you noted) and did not mention having any dual-intent visa either. As such, it would involve fraud to use ESTA or a non-immigrant visa to enter the US with intent to stay and adjust status. As others already mentioned, I-485 is not an option in this case. OP should file I-824.