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W199

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Everything posted by W199

  1. If she doesn't have the CFO certificate, then no amount of money in her bank account will be enough. It just doesn't work like that. They are 100% strict about needing a CFO certificate to leave. One you have it, there are no other requirements because all the requirements were already met to acquire the CFO. Just make sure she keeps the email receipt, sometimes the immigration officer will ask to see it. They did for my fiance.
  2. To naturalize, I believe you have to show good moral character, etc .. and certainly not obtained a GC by fraud. Therefore, personally, this is what I would do if she has her GC. If she doesn't have her GC . . then maybe invite her back to China for a "reconcilliation meeting'with her parents" and offer to buy them a car when they arrive if all goes well ... then ... 1) Notify USCIS, and send proof, and suggest that doesn't get naturalized, and if possible start proceedings to recoke her GC (probably impossibe, but why not). 2) Notify the USA embassy in China, to inform them in case any of her family members try to come fraudulently and mention claim she just had a abusive husband. Many embassies have a special email to report fraud. Of course, the embassies get these kinds of the emails often, and ignore them, etc .. But why not, ... you might be helping future fraud. 3) I strongly doubt your congressman would also FAX UCSIS to make the same requests, but you could try to show the evidence and try. With all the anti-immigration, maybe they will try to score brown points. Again, before anyone says this is very unlikely able to be effective, I agree, but you could just do it, then move on ... It might also even help you when you explain why you did a new K-1 in a few years. And just to be super clear, I am only saying to report the facts and truth. Don't exagerate or make up any stories. be totally factual so others can make a decision. and send proof .. must have proof
  3. I think he has it covered because he I think he said he is submitting an evidence list that includes - Deed to his house showing it is owned by the trust - A copy of the trust highlighting the fact his Wife is the beneficiary and trustee. If the USCIS officer sees that all the other evidence is strong and compelling, then he will probably think "Oh nice, he has a good estate plan to save his Wife taxes and avoid probate when you die, and think this shows he has long term marriage plans for his Wife." But on the other hand, if the USCIS officier sees what looks like fake or contrived photos and other evidence that doesn't feel or look right, and then he see's this trust and if he is well trained, he could think "Hmm, this is a a living trust, which is just a revocable trust. It means almost nothing, its no stronger than adding a beneficiary to a bank account or just adding her in his Will. At any time, he could revoke the trust without his Wifes's permission, fire her as the trustee, or change the beneficiary at any time, just like you can with a Will. Its very different than having her as co-owner on the deed and a revocable living trust is very different from a irrevocable trust with her as the beneficiary. So it will be the totality of all the evidence and how well trained and savvy the officer is in Trust law (which is likely to be very littie which will benefit you). By the way, at least in my State .. it doesn't matter what your Will says. Your Wife has a right to inherit your property unless she signed over that right in a pre-nup or post-nup. It won't matter what your Will says or what a revocable trust says (an irrevocable trust would be a different story).
  4. Last year, we, and everyone else in our K-1 group was getting their GC in about 3 months without interviews, some even faster after filing the AOS. However, with the new Presidency, it will very likely go back to taking much longer. Despite that, getting married in the Philippines takes at least 3 weeks to get a marriage license after arriving in the Philippines, and then another 3-9 months to get the marriage certificate to enable you to file for a CR1, let alone the traveling and wedding planning needed on top of that. I would bet getting a GC with a K-1 will have a much higher probability of getting a GC far faster than doing a CR1 this way. But I think this is all a moot point for most people. Because it is a drop in the bucket as far as time goes. It will all be long forgotten and insignificant in a long-term marriage. The important thing is to have the kind of wedding that you want. Do you want to have a local wedding with all your spouse's family and cousins, etc etc... or in the USA with your own family and friends? Or do you don't care and just want to do a online marriage to get the paperwork and skip all the wedding rituals? I wouldn't put the wedding, family, and friends and what is suppose to be the most important day based on saving a few months or some convenient feature of a kind of VISA. But of course, everyone has their own priorities to say the least.
  5. 13a visa requires a PSA marriage certificate. There was a short period of time that the Philippines didn't accept Utah marriges. But now the Philippines courts ruled on Utah marries a couple of years ago, so I don't think that is true anymore. People are doing Utah marriages all the time now, and the Philippine embassies accept it as proof for the ROM. Don't get me wrong, I'm not advocating for them, nor am I a fan of them except in very special cases. Hence, whether you have a Utah marriage or just a normal foreign marriage, the embassies accept it for the ROM, and the subsequent PSA is not an issue. Getting married in the Philippines is such a huge hassle, and the 3-9 month delay of getting a PSA marriage certificate to being able to file for the CR1 seems to rule it out for most people. If you are not in any rush to get the CR1, as in years, and want to have a huge traditional wedding in the Philippines with hundreds of family members, the whole Barangay coming to get free food, slaughtered pigs and very little gifts, then a local wedding would be very nice. For myself, I hate big weddings.
  6. Wise move ... Trusts are complicated ...
  7. He said the deed to the house is owned by his living trust, not him. And the Trustee of the trust is the petitioner. Hence, my previous comment that the important thing is that the petitioner is the beneficiary of the trust .. not the trustee.
  8. I would think getting married is very emotionally important to you, your Wife, and her family. You should probably strongly factor in where you and your family want you to get married. Just keep in mind, if you get married in the Philippines you will need to wait several weeks to get a marriage license, and then wait an additional 3-7 months to get the PSA marriage certificate. Only then can you apply for the CR1 visa. But if you go the Utah wedding route, then it will be a LOT faster.
  9. >> • The Living Trust of the spouse, designating the petitioner as trustee I would think that the relevant and important thing is that the petitioner is the beneficiary of the trust.
  10. Although it shouldn't matter, that's a different situation since you got GE initially on a work visa and sounds like that happened a long time ago. I'm just starting what others have reported, and what the interviewing officers have stated. I'll let you know in 3 years if its true or not.
  11. No, no issue with moving to the next page. It went smoothly without issues. The only thing to note, is they never sent the approval notice until a long time afterwards. But checking the GE web page just about 1-2 weeks later, it said it was approved and was able to make an interview appointment. Moral is don't wait for the email approval notice.
  12. Hi, Looking at her account, I see that we signed up with GE as as follows: - GE profile/account - Maiden name - Passport - Maiden name - Green Card - Married name - Driver's license - Married name After she gets her citizenship, you just need to make an appointment with GE to update her info. Or maybe you can update them through the support/email system, I'm not sure. But in either case, it should be pretty easy.
  13. Also, keep in mind, if her green card is a 2-year one, then the GE will automatically end when the 2-year card expires. I'm not sure yet if you can use an extension letter to re-activate it or need to "wait" for the 10-year green card.
  14. I recently went through this with my Wife. Her green card is in her married name while her passport is in her maiden name. We signed her up in GE with her married name, which matches her green card name. At the GE interview the officer was complaining that her passport didn't match, but after leaving to the back room and coming back, he said, "he can still approve it but will use her married name, and therefore, she must her her green card for GE instead of her passport when arriving to the USA. We then realized this is a bad idea because her plane ticket must be in her maiden name to match her passport. This would prevent her from getting TSA pre-check. We just emailed them, and they changed her GE name to her passport name. So now she will get TSA pre-check and simply use her passport for GE. We're flying back for a visit at end of February .. so we'll see if it goes smoothly with it.
  15. IMO, I would sign it as "Wife_name by your_name as power of attorney" for example "Mary by Bill, as power of attorney. .. or something similar ...
  16. It generally doesn't need to be notarized unless your embassy specifically requires it. But on the other hand, the translation must be certified that it is a true translation.
  17. That email said to also drop off the original copy and your passport at the VAC or send it to the embassy. Did you do that?
  18. Remember too that to file MFJ, you will need to include a declaration with Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information: A declaration that on the last day of the tax year one spouse was neither a U.S. citizen nor a U.S. resident within the meaning of IRC section 7701(b)(1)(A) and the other spouse was, and that you choose to be treated as U.S. residents for the entire tax year. The name, address, and identification number of each spouse.
  19. As you said, the VISA requirements strongly request you to get refundable tickets. But T=there are NO requirements for not changing your mind and cost reducing the trip to non-refundable tickets or finding a more ideal tour. In fact, they probably expect you to cancel the tickets and get better ones once your VISA is approved. People are always adjusting or changing their plans, that is the whole purpose of refundable tickets. It is not a lie to tell them during the interview "I booked these flights and airbnb because they were refundable as required for the VISA. But after I get my VISA approved, I will probably change them to the following non-refundable tour and plane tickets". Totally honest. You are right, if she lies or gives the appearance of a lie, she could be denied. Just be totally honest, if they even ask. If she has her green card, an employment letter, and a long-time job, as well as a guarantee letter from you to back up the support for her, bank statements with plenty of extra money, medical, and travel insurance, .. AND no history of visa fraud or issues, then there is little risk anyways. My Filipino fiancee, before she even had her K-1 visa, no green card, still in the Philippines, etc... and without a job or any money, got a multi-year multiple entry Canada tourist visa in less than a week because I provided the financial guarantee and photos of the engagement, we gave some itinerary plans without any bookings. She didn't even need an interview. So if she is financially secure, with a green card, it would be surprising if she is denied.
  20. You don't need to apply for a ROM for your life in the USA. But someday. there might be some things that the Philippines might require it, for example, if you ever want to become a dual citizen and get your Philippine passport back in your married name then you will need the ROM.
  21. Sorry for the duplicate replies, nothing happened when I hit "submit" so I thought it didn't take and kept pressing it. Moderator, please delete this and my duplicate replies
  22. My fiancee's vaccination form was very similar to that, except for Hep B it said "Hep B was not available in Country" ... The key as we said is that none of the columns say "incomplete" .. After we got married, she got tested for Hep B antibody to verify she is not immune then received the Hep B series for free since it was covered by my insurance. Prior to that she also got the flu and covid vaccine at the same time in Walgreens which gave her a ticket to he ER and an overnight at the hospital ... Other than that, I would suggest you get the waived and any other vaccinations such as Varicella. For the adjustment of status, dounds like you are good to go with your DS-3025, good luck My fiancee's vaccination form was very similar to that, except for Hep B it said "Hep B was not available in Country" ... The key as we said is that none of the columns say "incomplete" .. After we got married, she got tested for Hep B antibody to verify she is not immune then received the Hep B series for free since it was covered by my insurance. Prior to that she also got the flu and covid vaccine at the same time in Walgreens which gave her a ticket to he ER and an overnight at the hospital ... Other than that, I would suggest you get the waived and any other vaccinations such as Varicella. For the adjustment of status, dounds like you are good to go with your DS-3025, good luck
  23. My fiancee's vaccination form was very similar to that, except for Hep B it said "Hep B was not available in Country" ... The key as we said is that none of the columns say "incomplete" .. After we got married, she got tested for Hep B antibody to verify she is not immune then received the Hep B series for free since it was covered by my insurance. Prior to that she also got the flu and covid vaccine at the same time in Walgreens which gave her a ticket to he ER and an overnight at the hospital ... Sounds like you are good to go with your DS-3025, good luck My fiancee's vaccination form was very similar to that, except for Hep B it said "Hep B was not available in Country" ... The key as we said is that none of the columns say "incomplete" .. After we got married, she got tested for Hep B antibody to verify she is not immune then received the Hep B series for free since it was covered by my insurance. Prior to that she also got the flu and covid vaccine at the same time in Walgreens which gave her a ticket to he ER and an overnight at the hospital ... Sounds like you are good to go with your DS-3025, good luck My fiancee's vaccination form was very similar to that, except for Hep B it said "Hep B was not available in Country" ... The key as we said is that none of the columns say "incomplete" .. After we got married, she got tested for Hep B antibody to verify she is not immune then received the Hep B series for free since it was covered by my insurance. Prior to that she also got the flu and covid vaccine at the same time in Walgreens which gave her a ticket to he ER and an overnight at the hospital ... Sounds like you are good to go with your DS-3025, good luck My fiancee's vaccination form was very similar to that, except for Hep B it said "Hep B was not available in Country" ... The key as we said is that none of the columns say "incomplete" .. After we got married, she got tested for Hep B antibody to verify she is not immune then received the Hep B series for free since it was covered by my insurance. Prior to that she also got the flu and covid vaccine at the same time in Walgreens which gave her a ticket to he ER and an overnight at the hospital ... Sounds like you are good to go with your DS-3025, good luck My fiancee's vaccination form was very similar to that, except for Hep B it said "Hep B was not available in Country" ... The key as we said is that none of the columns say "incomplete" .. After we got married, she got tested for Hep B antibody to verify she is not immune then received the Hep B series for free since it was covered by my insurance. Prior to that she also got the flu and covid vaccine at the same time in Walgreens which gave her a ticket to he ER and an overnight at the hospital ... Sounds like you are good to go with your DS-3025, good luck
  24. No, I mean the DS-3025. You only need form I-693 if the form DS-3025 from the medical exam abroad is marked as "incomplete" or if your medical exam abroad was more than 1 year old. If either of these are the case, then yes you will need to see a civil surgeon and get a sealed I-693 with a medical exam and/or completed vaccination report as applicable.
  25. Usually when you have your medical abroad, they give you all the vaccinations and give you a vaccination report to submit when you apply for your adjustment of status after you enter the USA. There is no need to see a civil surgeon after you arrive unless you don't have that form. Are you saying you didn't get your vaccinations signed off at your medical abroad? Why not? Regardless, all you need is to submit the vaccination form with your adjustment of status.
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