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OldUser

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Everything posted by OldUser

  1. I don't think you can sponsor your brother in law or sister's kids. Clearly they're going to be over 21 when visa would become availble. Your sister would sponsor them after coming to the US and becoming a resident / citizen. It's so far in the future we don't even know if the laws would change then.
  2. Many people's name change over the course of life for various reasons. For example, if your fiance was married before, her current legal name could have been of her ex husband. When you fill the forms for visas and immigration, there's often a question about current name and any names used in the past. She'd have to list her name at birth in the "other names used" field. I was also born in country X, lived for a while in country Y as a child and country Z as an adult. I was coming to the US from country Z. My birth certificate was from country X even though I'm not a citizen of that country don't even speak their language! Wasn't an issue in my case. Let's hear from others and their opinions.
  3. She was born in Spain, hence Spanish birth certificate should be provided. It was also the first birth certificate ever issued to the child. I know some countries in that region of the world issue birth certificates based on parent's nationality, but it is super confusing. Essentially, USCIS tries to determine the person's origin. As they were born in Span, Spanish older birth certificate should be provided. I may be wrong, but in the eyes of USCIS that is the valid birth certificare that was generated shortly after child's birth. Not a certificate from some other country generated at some point. I bet, the moment US official hears / learns she was born in Spain, they'd expect to see Spanish certificate and would be very confused by Czech one, without father etc. ~ This is not a legal advice ~ P.S. I'm curious to learn what is the place of birth on Czech certificate.
  4. The only real problem I see if she loses the passport on this trip or Uganda officials mess up her passport (put stamp on US visa, damage passport accidentally etc). That's all. Other than that I don't think Uganda is in the same list as Cuba, Iran, Syria et al.
  5. If you have L2, you'd have to apply for EAD, e.g. pay the fees and wait for several months to get authorization. To come to the US on tourist visa, you'd have yo apply for it and prove strong ties to France. If you apply, you won't be able to get ESTA any time soon. I would not try changing status from B2 to L2 in the US. Not only you can get hit with misrepresentation accusation, but it's an easy way to overstay as change may take a year or so with only 6 months stay allowed on visitor visa. L2 can be denied if the person interviewing you will determine you got married for the purposes of obtaining visa. I'm sure it's not the case but it can be perceived like this.
  6. It's also required to establish that LPR lives with a US citizen in a marital union and the marriage is bonafide when approving N-400 under 3 year rule. And yes, ROC does already verify that, so does the AOS interview or the one at the embassy. It's a multi step verification.
  7. If applying under 3 year rule - yes. And absolute must if you have I-751 pending still.
  8. Not odd at all. Drivers licenses should have matching addresses. This is the basics. Bringing jointly filed tax return transcripts, statements from all joint banking accounts is a must with pending I-751. Just because in many cases people don't get asked for those doesn't mean they shouldn't be taken to the interview.
  9. I just Googled, for Russia passport should be valid 6 months beyond visa validity. E.g. should have at least 3 years and 6 months at time of granting visa in OP's case. I vote for new passport with both hands OR getting a short visit visa in the interim.
  10. I see what you mean. I would have liked this plan more if they're getting a short one time visit visa in it. But since passport expires soon AND they want a 3 year visa, it can make sense just to get it all done in a new passport. Not sure if country they're going to would issue a 3 year visa in passport with 1 year of validity, that also may be a requirement depending on the rules of that country.
  11. I like the ambition! If the laws don't change in the future, the kid will be eligible considering they were born a US citizen.
  12. Who told you this? Somebody from USCIS over the phone? They give the most incompetent responses to get you off the line. Read VJ, we're always happy to help!
  13. This part I don't understand. To have a valid passport, it must be renewed?
  14. Forwarding is hit or miss. When my 10 year GC was produced, I had it on because I was in the middle of move. Forwarding was ignored. Hold Mail was ignored. Mail intercept didn't work. Everything came to the old address. It was literally my move day at that address and I'm lucky I was around to receive it.
  15. You're the sponsor until he becomes a US citizen or earns 40 quarters of work with SSA. Need to file I-865 every time you move. Ideally you'd travel together, especially reentering the US, but I understand the difficulty of doing so sometimes.
  16. On one hand I agree with not being obsessed with the process. On the other hand, I heard quite a few stories when people missed on their case development leading to issues due to not checking their status etc. E.g. when USCIS sends interview notice but it never arrives in the mail, but online status updated etc. I'd encourage to check status 2-3 times a week.
  17. You can download tax return transcript from IRS website. That's preferred by USCIS, as it shows forms were actually accepted by IRS.
  18. I hope you decide to never use this accountant again. This is a silly rookie mistake that no professional would ever make. Yes, you have to redo taxes. And you'll likely get more money back due to tax breaks as the result of that. Not only this accountant complicated things for immigration, wasted your time, but also deprived you from bigger refund.
  19. I'm sure there is but only an algorithm inside USCIS knows it. It's not disclosed to public. Always assume you have to submit biometrics, as reuse is not guaranteed. I think in the past before COVID, everybody had to do biometrics.
  20. Totally understand your frustration. This story just proves changing addresses during or right before I-751 can be tricky. Also, as we all know, dealing with USCIS on the phone almost never results in anything positive. But hey, you got ADIT stamp thanks to your persistence. 0. Does he need to travel internationally for a good reason? 1. You can try going with this stamp, the worst case he'd have to get a boarding foil from embassy (expensive and stressful, but it's an option). Or fly to Canada / Mexico and cross by land. I'd be more worried about the address on the file. Because if biometrics notice is sent to the old address and you never see it, then case will be denied. Were both AR-11 and I-865 filed?
  21. You could only substitute if I-130 was approved while your father was alive. But he passed away before approval.
  22. Amazing! Not the day same oath, I assume? Was your spouse at the interview?
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