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Everything posted by Yareth
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Question about I-845
Yareth replied to Carla Juan's topic in Adjustment of Status from Work, Student, & Tourist Visas
Logically speaking no. An unborn child cannot apply for immigration benefits. -
What exactly confuses you? (I mean this question genuinely!) You need to prove your lawful entry/status which you have through your J-1. The files you listed are the ones you need for that. Only thing that I see that is missing is your i-797c for your i-485, since that is your reason for applying for AP. Check the "Checklist of Initial Required Evidence" on https://www.uscis.gov/i-131 .
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Question about I-845
Yareth replied to Carla Juan's topic in Adjustment of Status from Work, Student, & Tourist Visas
If your son was added as a derivative applicant (thus seeking immigration benefits) I would answer yes. -
I130 and I864 evidence
Yareth replied to c_zima's topic in Adjustment of Status Case Filing and Progress Reports
A joint sponsor is not necessary if your income is above the income level that is required. I would leave that out as it only complicates things. -
There are some errors in form I-129F
Yareth replied to Sylviaayu's topic in K-1 Fiance(e) Visa Process & Procedures
You have to wait until you get an RFE to fix these issues, if they need you to do so. -
I am not a lawyer, so I cannot say anything definitively about the legality of your situation. It is not uncommon for marriages to fall apart after AOS and there are numerous cases in which green card renewal has been accepted after divorce. USCIS is aware that divorce does not always equal fraud and that life happens. It does require the goodwill of the US citizen (as they need to attest to the fact that the entire relationship was legit) and a ton of evidence to support the claim that the marriage was in good faith and ended naturally (financial commitments, merging of lives etc). Divorcing immediately after you received your green card (and before lifting the conditions on said green card) will raise a lot of red flags. Now, to reiterate, the only reason that you are eligible to the benefit of immigrating in the US is through your legitimate marriage. The only way to stay is to prove that you're well rooted in US society (which is WAY too early at the moment) and that the marriage ended outside of fraudulent motives. This is a difficult thing to prove. Any strategic planning of your relationship to keep the benefit of immigration will be seen as fraudulent. That's why I gave the two options: -Leave -Fight for your marriage That's all you've got.
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Your exit plan could be very simple: Book a ticket and leave. You don't need to do anything else to leave the country. You can file for divorce in the US or in the UK, but it is probably easier to do while you are still in the US. You don't have to be a citizen, just a resident (which you are after a few months, even if you don't have your green card yet). It would be problematic if you'd have to be a citizen to file for divorce - a lot of immigrants would be 'locked in' their marriage. There will indeed be a three year ban if you leave. Your AOS will be considered abandoned as soon as you leave the country. Just so you know, if you file for AOS and it is accepted, you wouldn't receive citizenship but LPR (legal permanent residency). A big question is: Do you want to stay in the US/save your marriage? If not, then the answer to your situation is fairly easy. If you do, then things are more complicated and you might have to fight a lot for your marriage to work out. Your marriage is the basis of your presence in the US.
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The necessary paperwork differs per situation so I cannot give specific answers. Check the instructions for I-130 (as you are going for a CR1 visa) on uscis.gov for more information. Stay close to the official sources to find your information. Visajourney also has a guide for you (but always cross check the information with the information you find on uscis.gov). Check my timeline for information on my visajourney. And please, fill in your own timeline to the benefit of yourself and others on this forum.
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Congratulations, you’re one of us . The only way out is through so get started on that paperwork and don’t be paralyzed by the challenge. If you are honest and have a genuine relationship it’s quite easy to produce the evidence that you need. Less worrying, more doing! Good luck and keep us updated.
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Editing that flowchart is useless as every embassy/country has different timelines when it comes to the transfer from NVC to the embassy/consulate that takes care of the cases for the nationalities involved. My case transfer took only one week from NVC to Frankfurt. Applicants at other embassies take years to see their transfer from NVC to the embassy. The Philippines is known for being a high-volume embassy.
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K1 Petition/Criminal Record Question
Yareth replied to BWG's topic in K-1 Fiance(e) Visa Process & Procedures
You are allowed to print multiple copies of the "Additional Information" page. -
January 2025 AOS Filers
Yareth replied to Yareth's topic in Adjustment of Status Case Filing and Progress Reports
They created a biometrics appointment before rejecting my first packet. I decided to go to the appointment just to be safe and got all my biometrics taken. It was on Feb 19th. -
January 2025 AOS Filers
Yareth replied to Yareth's topic in Adjustment of Status Case Filing and Progress Reports
We have updates! So we decided to go with this idea: Our second packet (the one filed after our first one was rejected) had the wrong box crossed (spouse instead of K1 entrant). So we decided to take a gamble and NOT wait for the rejection of our second packet but immediately file our third packet. The plan was to wait and see if our second packet was accepted. If it was, we would void the cashier's checks on the third packet. To our delight our third packet was touched and checks cashed 6 days(!!!) after it was delivered to the mail room. To our surprise our second packet still hasn't been touched. We have voided the cashier's checks on our second packet so that one will be automatically rejected. Currently our status is as follows: I-485 has both biometrics and interview checked off (interview seems waived and we got a notice that the biometrics from our first packet got reused). I-765 has been received but biometrics still need to be recorded. The last one seems a bit strange, because we got the notice for the I-485 that our biometrics would be reused and it is a concurrent filing after all... What do you guys think about this situation? -
AOS checklist
Yareth replied to Krishetngjbc's topic in Adjustment of Status Case Filing and Progress Reports
1) depends on your circumstances. The page for this form on uscis.gov lists who the form applies to. Read the instructions of the form to see if it applies to you. 2)I-131 can be filed concurrently with an AOS application. 3) depends on the forms you file. Typically it’s two photos per form that requires it. Check the instructions of the forms you are planning to file. 4) the biographic page + any pages that show stamps or visas pertaining to your application. 5) not necessary but could help your case. 6) it’s not required to show the last three years, the last year is required. However you are allowed to file three years if you think it helps your case. This is explicitly mentioned in the instructions. 7) it depends on your passport. Some have a travel document number, others don’t. check with your non American government. 8 ) it’s appreciated and yes list the contents. this way the people processing your files know what they’re looking at. 9) this depends on your circumstances. 10) I went for a certified copy but uscis instructions point out a regular photocopy is enough. 11) uscis.gov has explicit instructions on how to pay. even though you have a lawyer it is smart to become an A grade student in these forms. Study the forms on uscis.gov and their instructions. Follow the instructions literally. Read the instructions on the website (e.g. payment instructions. Things vary a lot depending on your circumstances. Including the address you need to send your file to. Check uscis.gov for instructions on which address you need to use. -
January 2025 AOS Filers
Yareth replied to Yareth's topic in Adjustment of Status Case Filing and Progress Reports
I don't have a copy but I am 100 percent certain I crossed that on that one too. -
January 2025 AOS Filers
Yareth replied to Yareth's topic in Adjustment of Status Case Filing and Progress Reports
Oh for the love of everything that's holy... same issue here too. Can I just file a new submission before my current application is rejected (as I already know it will be rejected)? -
Those photocopies are proof of your previous visas and should be taken with you to the K1 interview. Make sure you have extra copies so you don't lose the only copy you have. Save absolutely everything regarding your immigration process. You will need the J1 passport page copy and the copy of your DS-2019 in the future for your Adjustment of Status application.
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1) original certified copy - no, unless they specifically ask for it. If needed you can send it to them after the interview 2)I-797 - no, they know this anyways. 3) Scans are accepted and USCIS explicitly points out that they do unless they specify otherwise 4) my experience is that there are no original documents needed, only copies. I brought my original documents with me just in case. They never asked for it. 5) Letter of intent to marry as you indicated it is fine. They should already have that anyway because it's part of your I-129F submission (which they receive at the embassy) Long story short: You're fine, no need to freak out ;). Ensure that your partner reads and knows exactly what to bring because it sounds like you're just throwing absolutely everything and the kitchen sink into a bag to bring which really isn't necessary. The only original documents or copies of documents they are going to need should pertain to your partner (so it should be easy for them to bring those originals).
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Your wait time started when you applied and is therefore still around 13.5 months and not longer. It’s 16.5 months for people who apply now. either way, you clearly misrepresented yourself at the border as you entered the US under a tourist visa with immigrant intent. This is unlawful and could lead to denial of your aos and deportation. All the best.