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W199

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Everything posted by W199

  1. When I filed for my Wife's I-485, my tax return was for being unmarried since taxes are not due until April and it was too soon to submit joint taxes. I provided no other evidence other than my passport to prove I'm a USA citizen, and the marriage certificate. USCIS knows you just got married days ago on a K-1 and they don't expect you to have joint bank accounts, or joint anything so fast. Clearly this is not a case of applying different standards. There must be some red flags, and they are seeking all this extra evidence now because of these red flags. The big question is what are these red flags. I am guessing there is some facts or data here that we don't know and that the USCIS isn't so stupid to request a ton of married evidence when they know you just got married. They live and breath this and something about this case, which we don't know the details of, set of the alarm bells and red flags. Maybe they even felt some of the submitted documents were fake such as the joint tax returns filed before tax season even opens. I have no idea, but I am sure there are facts that we don't know and that USCIS is not telling you, and for which they need compelling evidence to overcome. Maybe someone even reported them to USCIS... In anycase, I agree with others, the only way around this is to start collecting an abundance of overwheling and compelling evidence ...
  2. Usually the earliest the tax season opens for filing is January 29. But you filed your I-485 before then. So how did you file joint taxes so early? Also, most people, can't file until at least March until they get all their w-2's, 1099's from the banks and brokerages. Therefore, how is it possible that you filed 2023 taxes, prior to filing the I-485 in Jan 2024?
  3. Were you 2023 joint taxes that you submitted for you and your ex-wife? Or with your current wife?
  4. If you are both residents of Massachusetts, you technically cannot get divorced in a foreign country because that would bypass the divorce laws of Massachusetts. But if your wife was still considered a resident of the DR, or a big maybe, if the DR still has legal jurisdiction over your Wife (or you), then it would be legal in Mass. Some Countries have a law that will consider you a resident for the purposes of granting of a divorce after staying there for a week (in order to get around this issue). Hence, the strength of the divorce certificate and the terms of the divorce (alimony) depend on if you can prove the DR had jurisdiction over you or your ex, just one is enough. Hence, you should be fine unless your ex takes you to court to challenge the validity of the divorce or the terms of the agreement. If you can prove the DR had jurisdiction, you'd be all set. And the answer to that depends upon the law in the DR. There have been rare cases when the wife went to file for social security or something, they denied it saying the marriage was not legal due to the divorce not being valid under the laws of your State, often due to the place not having legal jurisdiction. I had gotten divorce overseas as well. I have had zero issue or questioning using the foreign decree in getting remarried or getting a visa and greencard, etc.. with my new Wife. But we got divorced, same as you, in the country where she got married, but in my case she stayed in her Country, so no one can challenge the residency and hence the jurisdiction. Since your Wife is from DR and you got married there, probably you won't either, unless your Wife tries to challenge it. Then it would depend on how good your lawyers are and the judge.
  5. Congratulations! I stand corrected.
  6. Did your MIL have her interview yet? When is it scheduled for? I'm excited to know what the result is and if there is anything lessons or advice you learn from her interview that could help others in the same boat. Thanks
  7. Yes, every word he said is typed in by the officer and his comments and his reason for denial. Its extremely rare for these types of lies to affect an I-130/K-1 visa since the intent is to immigrate anyways. But recently there was one such case. However, you do not really know what he said during his 1st or 2nd interview, or what the officer dug up on him. Neither will tell you. If it really as simply as lying about having a gf/financee or knowing someone in the USA during his first interview, most likely that will be forgiven so I wouldn't worry about it. If it is something more insiduoius, you'll find out later ...
  8. There are several webpages that do a good job in comparing them and compete for a good price. Usually I use https://www.squaremouth.com/
  9. As I said, the mentality, and decision making process of granting a tourist visa to someone in a high risk and fraud country that has strong ties to the USA (her daughter, your house, etc..) is not going to be what you expect. It is infuriating and frustrating. They have very strict guidelines which transcend common sense and fairness. The fact that she is coming over to the USA by herself, never workeed, has presumably adult kids (no little kids to take care of), doesn't have a job to come back to, probably can't support herself without your help and the tickets, and I presume "not rich living in Makati", etc.. is not going to get her a VISA unless you have a lot of other factors that you have not revealed. Remember, to get a tourist vias you do proving why you are going to the USA is not what is required to get a visa. Hencing proving she will visit you and stay with you means nothing. The CO is required by law/regulation to presume the applicatant is trying to immigrate. The requirement is the applicant must prove why they will not immigrate, and return to their Country. How can your MIL prove that that she will return to her adult children in the Philippines rather than stay in the nice 4500sqft comfortablel house with her favoriate daughter married to the American with potential medical issues? She has 1 minute to prove it .. and just saying she has her husband and adult kids isn't enough. Countless of other people in her shoes have done the same and "changed their mind" after arriving. So they ruined it for honest people like ourselves. I presume she has not traveled to Europe, Canada, etc.. yet either? Its going to be a very hard and unlikely sell. I'm not trying to be a jerk .. I'm just telling you what its like and how the CO's think and their requirement. It's not going to be the common sense that you are thinking. I hope you prove me wrong ... If you do, I might try it for my MIL too. But otherwise, I'm not going to waste what I think will be a waste of time and money and create trauma and dissappointment.
  10. They did reply back to me the next morning by email. I suppose you could try that, but I would not recommend it. The email reply I got had a case number attached that the form apparently added. I don't know if emailing them directly will generate a case number, and since there are so many sub-departments withing GE it might not get directed to the right one. For my issue I chose "precheck not working" in the form, in order for them to change the global entry name to her passport name rather than the greencard name.
  11. The CO does not decide before the interview. But as they walk up to the interview window, they read the file and the results of the extensive database files they have on her. They have interview countless, of people, they hear all the same stories, lies, exagerations, pleading, clever strategies, and so forth all days long, day after day. It only takes a minute or two for them to know if they are eligible. Money in bank accounts is important, but they know very well its easy to transfer it in, let it season,, and then transfer it back out. Its common tactic. So showing a pile of money istitting n the bank account for the last 6 months is useless by itself. It doesn't make any sense by itself. Your reasoning that your USC wife had the ability to petition her an easily get her a VISA is proof that she is not going to stay is also not going to help at all. While it makes common and good sense to us, its zero proof to the CO. Countless people change their mind, have a sudden issue, and want to bypass the I-130 even if it means misrepresentation or illegal overstays. They have ruined it for us. All the CO is going to see and think about is that she has strong ties to the USA with her daughter and you there, and that is going to be living at your house .. Unless she has some status there such as a professional job in Manila, high salary, husband and kids there that is very compelling for her to return, then its not a very likely chance. All the common sense and reasoning and "proof", letters, affidavits, etc.. you have while she will return won't help, you won't be allowed to paint the picture that you want, they don't use that type of reasoning and thought process... They are going to take a quick look at her background and know very quickly if she falls into the bucket of the people who go and never return regardless of whether it makes any sense for them to do so (such as being able to do it legally through her wife). In summary, she have very strong ties to the USA, so unless she has very high status, and life story, etc.. the CO won't find her eligible, .e.g. having more ties to the Philippines ... On the otherhand, if she is going to apply for a tourist visa to Canada, they don't even interview in person and use the documentation you supply as proof and they use the common sense that you are thinking of. I was able to get my fiance a tourist visa to Canada using my bank statements and common sense that she must return to Philippines to get her K1. She got her visa in a week without an interview. USA is completely opposite how they judge you for a visa Better try to pull the strings, but that is more like big rope .. Might be better to save it.
  12. When I logged in to GE, there was a "need help" link under "support". That link took me to this form where I was able to submit a ticket. https://www.help.cbp.gov/s/questions?language=en_US
  13. Huh? What do you mean? Consider yourself very fortunate, you have saved a huge amount of money, stress, and time compared to getting divorced soon after he arrives, and when he leaves you and requests you support him since you signed the I-134 support agreement. Don't be a gullible American victim. No one, repeat no one, is going to do what he did to you if they are serious. He would have discussed it with you, request you move the interview date later .. More than likely he is just trying to scam you for more money
  14. Nov 10 should not be a problem at all. I would just find the best airplane ticket deal with the best routing and book it now. Otherwise as you said the prices will skyrocket. While you may be aching for her to come here ASAP, an extra 1-2 weeks or even 3 months is going to be a so insignificant drop in the bucket and long forgotton once she arrives. It will give her more time to do some final shopping, have good-bye parties, etc.. We actually delayed my fiancee's trip by about 2 months so she could spend more time with her family and for me to arrive to have a huge good-bye party. Just be sure the ticket has an option to change the fight with a change fee that you don't mind. For myself, I just used miles to book it which had a very minimal change fee. As others have said, despite your confidence, there is still plenty of risk of having an unexpected delay. Geting married by the end of the year will also allow you to file taxes married jointly and save you a LOT of money in taxes. But one warning, you need to be careful with the LBC shipping of the passport back. The safest thing is to just pick it up in Manila with having it shipped back. My Wife's is in the province in Luzon, and LBC can take 2+ weeks to deliver something to her since its outside their normal delivery area. Sometimes they even just send it back, Tberefore, iInstead of shipping it to her home, we just shipped it to the closest LBC office that accepts the passports from the embassy (not all do). It only took 3 shipping days to arrive there. Much easier than going to Manila to pick it up and not worrying about home delivery delays due to being out of the delivery area.
  15. Agreed, but now that they have raised suspicion, and every thing that was discussed or during the interview has been recorded and will be re-reviewed at any future interview, the total picture needs looked at and understood to make sure there was nothing else that caught the embassy's attention. If it was really as simple as getting engaged too fast, then spending more time will be the only fix needed. And no need to over analyze this. But playing devils advocate, the embassy is not going to tell you everything that made them suspicious, and any secret background data they pulled on either of them or their cousin, etc. They will look at the total picture and totality of circumstances starting from when they first met and got engaged. Also, applying for a CR-1 does raise the bar for any suspicion they might have. For a K-1, they are pretty much free to deny it just on their gut feeling. But for a CR-1 they need more substantial evidience of the relationship being not bonifide to raise the bar to deny a CR-1. So if there was really nothing suspicious other than getting engaged to early, spending more time and doing a CR-1 will be double/triple strong to being approved next time. But you really should just spend enough time together, and prove it without needed to do a CR-1. Often the visa officer is right, whether you know it or not.
  16. - What is the story for how your cousin had met your fiancee and then introduce her to you? For example, is your cousin married to a Cambodian? Is your fiancee related to your cousin in any way, such as a sister-in-law of his wife? - How old are you and your fiancee? - How many days did you stay in Cambodia when you met her? - How many times have you meet her since you got engaged? - Did your fiancee explain that you chatted for a year prior? - What other questions did they ask your fiancee?
  17. A recorded divorce doesn't mean the divorce is absolute and final. The absolute divorce certificate in my State does certify that the recorded divorce is absolute and final. Hence it can be used as a substitue for a divorce decree. If your Texas divorce verification letter doesn't specify this, then it most likely would not be accepted. But generally, this is all a function of State laws.
  18. Same, I always just my divorce certificate, not the very large divorce decree. The certificate is only 1 page. This was fine for the K-1 and embassy interview as well.
  19. Update: I emailed global entry last night. I asked them to change my Wife's global entry name from her married name to her passport name (maiden name) so that she will get both precheck. Surprisingly, they emailed us back the very next morning and conformed they changed her global entry name to her passport name!
  20. Actually correction, for the interview appointments, it was initially full except for cancellations now and then in a nearby State. But after a few weeks, Boston suddenly released a full month of open appointments out just 1-2 month, each day of the month having many available appointment slow. They apparently do this one a month in my location.
  21. The GE officer who did the interview for my Wife was at first confused and said "you can't have two names, and was confused why she didn't update her passport. He was going to deny her but then went to the backroom and came back and said "we will use your married name for the GE so you must use your GC when entering, Then when you update your passport, stop in and to update your GE to use your passport. Likewise, when you get a 10 yr GC, come in to update it. But you have a great point, thanks for posting it. I will try to get them to change her GE to use her passport in her maiden name, since we won't update the passport until the N-400. That way she will get precheck. By the way, it only took about a week or so for my wife to get approved. But there was no email. Then it took a bit of refreshing the interview schedules to get an interview just a few weeks out near us in Boston. But other than these random cancellations that you need to be fast on, there wasn;t anything available for months. But there are apps (not free) that will constantly look for open appointments for you. For us, we did it manually Thanks
  22. Keep in mind if you are still using your maiden name for your passport and tickets, but your GC is in your married name, then they will use your married name. They can't enter 2 names into the system for you. Thererore, your ticket/passport name won't match and you won't get TSA pre-check on your boarding pass. But you can use your GC for the global entry.
  23. I don't risk bringing or depending on having enough cash, except a small emergency amount. The Schwab debit card has $0 exchange or international fees, and they reimburse you all the ATM fees. The exchange rate is the basically market rate which is close to the best you can get. For backup, I use Fidelity and Etrade debit cards which are similar in refunding all the fees and the market exchange rate. But they might have a 1% fee. Can't keep track. For a 3rd backup, I also just have a local bank account and they will even lend you $10K emergency funds if need. Yeah .. paranoid and overkill .. When you take your trip, the key things that you should do for your K-1 is 1) Take a photo of your boarding pass to Manila before it gets lost. Since she is meeting you there, take a photo of hers. You can submit it as proof you met her. 2) Don't lose your passport and the passport stamp entering Manila. This is critical evidence for your K-1 3) Take photos of you with her, and with her and her friends and her family to prove its not a secret. This is required to get the K-1. The cost or renting a car or even a van and driver, and keeping both 24/7 is not much difference in cost than renting a car. I do this for long trips to the province, and keep the car and driver for a couple of days for longer side-trips. Its crazy to drive a car there since the custom is different, you'll probably run over a few motorbikes. You will be blamed for any accident. Actually, I just rent a motor-bike an go crazy, as the drivers wait and expect you to cut in front, etc.. if you don't they even get confused. But I am NOT recommending this for you if you are not already skilled in riding a motorcycle, but personally I love it, and can't live without it in the province. Oh .. make sure you have a BC plan .. hehe. You will certainly need it.
  24. I wonder if those interesting colors were wrapped cars. Wrapping seems to be very popular especially for those that don't like the "free" color. It seems to me that most cars over the years have lost their styling, and give you the "wow" factor. I don't feel that Tesla is trying to push themselves as a SW company. But maybe that is because I know several electrical engineers that went there, and know that they only hire the very best and push them very hard to do very high quality and detailed engineering work. Yeah, there is even a new "megaphone" feature where you can "yell" at someone from inside the car (if parked) and a lot of games and silly stuff. Its just a novelty. Maybe the engineers had some free time, lol? But the "light show" is actually nice, I tried it out of curiosity one night, and out of the woods near my house I heard several kids scream "nice light show". For myself, I choose Telsa for their reliability and the super charging network. Lets see how it plays out as non-Teslas get access to the network. For the incentives, it depends on which ones, but there is a limit of something like 2 per year to prevent fraud.
  25. Yes, it was a better deal. I got more for less money including FSD and a premium color choice. Plus I got $14.5K in Federal, State, and local EV incentives and rebates by adding daughter to the title since they are income limited (extremely common). Plus $10/month by letting the electric company limit the charging during peak usage events (max 4/times per month). biggest savings is the gas and maintanence Here is a photo of it after coming out of the tint shop
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