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Everything posted by OldUser
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That's aweful! I guess K-1 makes even less sense in light of these changes and current processing times. How much would I-765 and I-131 would be? The problem with not having these: - I-131 can help if immigrant needs to urgently go visit sick parents etc - I-765 allows to work (and thus support new family) and get DL / ID, open bank accounts etc
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Family member drug use 20 years ago - Eligible for tourist visa?
OldUser replied to Spotify's topic in Tourist Visas
Expunge doesn't work for US immigration. It has to be declared. -
VAWA, Part 27
OldUser replied to TBoneTX's topic in Effects of Major Family Changes on Immigration Benefits
I recommend filing for I-131 and I-765 ALWAYS. Especially since it's free with I-485. Plans change, and it may be impossible to get I-131 later if you need to visit ill parents or attend some other emergency outside of the US. -
I don't think US grants visitor visas easily to refugee document holders, let alone people not following the rules. So no wonder there. This was part of the reason why you got rejected, because you could not demonstrate ties to a country outside of the US. The other reason why you were denied - willful misrepresentation. That could mean you'd be denied entry to the US, potentially for life. Since you're a Canadian citizen, you do not need a visa to enter the US. However, CBP may deny your entry because of the past as you try to cross the border.
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You can always try, but you have to be prepared to answer any questions truthfully.
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So how did you enter the US before crossing into Canada? Also without inspection? US visitor visa is not a right, it's a privilege. US can refuse to issue visa to anybody. Especially if somebody crossed its border without inspection or has criminal offences etc.
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Interview can last 5 minutes or it can last 5 hours. There's no way of knowing ahead. You maybe interviewed together or separately. You can be asked many questions or just a couple. You may be asked to show IDs, passports, evidence. Nobody can tell you what exactly is going to happen. But briefly: - You'll get invited to come in - You'll swear to tell the truth - You'll be invited to sit down - Officer will be typing / clicking a lot on the computer, and periodically ask questions about personal details, relationship etc. You may get a decision instantly, on the same day or some other day. You may get RFE for more evidence. There's no way of knowing. Most importantly, give short and straight answers to any questions. If you can answer "yes" or "no" answer it like that instead of lengthy statements. If you don't remember or don't know the answer, don't guess or invent the answer. If you don't understand the question, ask to rephrase it or say you don't understand. Do not tell stories etc unless asked to. Do not try to predict why question is asked and modify the answer to create some narrative, just answer the question itself. Do not try to control the interview or fill the gaps of silence. There may be a lot of silence between questions asked, that's normal. Good luck!
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I-751 October 2022 - Filers
OldUser replied to Sarge2155's topic in Removing Conditions on Residency General Discussion
Good luck! -
I-751 October 2022 - Filers
OldUser replied to Sarge2155's topic in Removing Conditions on Residency General Discussion
Yes, seems like it. Prepare for combo interview and bring spouse. -
I-751 Questions
OldUser replied to VisaVisaVisaVisa's topic in Removing Conditions on Residency General Discussion
They can suspect fraud at any stage, even at naturalization. Just because somebody got away the first time, doesn't mean isn't going to get caught further in the process. Conditional is given for a reason. While initial GC can be approved with smaller set of evidence such as photos together, marriage certificate etc, the ROC requires proving the marriage is bonafide and develops over the time. As the normal marriage would. At this stage, if couple lives apart, or they don't share finances - those are red flags that could indicate fraud. E.g. marriage looked fine to USCIS at the beginning, but doesn't look right anymore at ROC stage. There's been instances somebody got 2 year GC, immediately moved out and had a kid with a different person. Wouldn't that raise suspicion about the whole marriage and whether it was a scheme for becoming a LPR? The immigration system is built to recheck immigrant at multiple stages. Sometimes, USCIS can issue GC, US passport etc in error too. I'm not sure if you heard the story of a son of Iranian diplomat who has a US passport for his entire life, only to discover many decades later he was given it in error, when passport renewal failed. If US government acted on the premise "we checked the guy before, it's fine", this would never get discovered. -
I-751 Questions
OldUser replied to VisaVisaVisaVisa's topic in Removing Conditions on Residency General Discussion
I think at least 80% of ROC interviews are waived. They don't get waived if: - Randomly selected - Not enough evidence submitted - They suspect fraud Also, if one applies for N-400 while I-751 is pending the chances of ROC interview increases as far as I can tell. -
I-751 Questions
OldUser replied to VisaVisaVisaVisa's topic in Removing Conditions on Residency General Discussion
I had -
You did overstay, unfortunately. You only get 90 days on ESTA. Yes, you're right about being in AOS status when you file I-485. However, the overstay is only "cleared" if your AOS is approved. If you get denied or abandon AOS (which you did), that overstay means B1/B2 or Esta is hard to get again.
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- adjustment
- adjustment of staus
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No, these are not the only forms. You should file I-131, I-765, I-864 and more. See guide for details: I know it says for spouse, but it's the same for parents. It's best to file everything in one packet and not split I-130 and I-485. You can include one check for all fees. Also, make sure dad is aware what permanent residence means. It means not leaving the US while AOS is pending, also spending majority of time in the US after receiving GC. Plus taxes on income worldwide etc
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I don't believe you would spend less time waiting for K1 outside of the US than you would spend waiting for CR1. It used to be faster, but I heard it's no longer the case.
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You cannot work legally as a Canadian in the US without work authorization. Even for remote work.
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Sadly I do not have more specifics other than it takes ~12-18 months to enter the US. You may want to search threads where people post updates about their cases? I'd say petitioner's location in the US is not that important. It's mostly the beneficiary's consulate / embassy that has varying time to schedule interview, depending on their backlog.
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I'll ask @Crazy Cat to post his famous comparison between CR1 and K1 in this thread 😊
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K1 and CR1 take about the same time before entering the US. However, when entering on K1 you'd have to go through AOS, which is additional fees and time. I cannot see a use case for K1 at all. When entering on CR1, the immigrant becomes an LPR immediately with more rights and freedoms. You can start building life together VS waiting for EAD etc.
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Signed, dated and copy of person's ID attached. This is what my lawyer told me to do and I followed the advice. Was it akward to ask close friends for this? Yes it was, but I don't regret 😀 It proved, should we need help, they're kind enough to offer it. I had other good evidence, the case was approved without interview. I will never know if affidavits played any role in this at all, and to what degree. They can be from family, but of course friends, colleagues, building managers where you lease etc are also good.