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Everything posted by Yareth
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Entering U.S. on K1 Visa
Yareth replied to Jonny01's topic in K-1 Fiance(e) Visa Process & Procedures
Yes, you can visit on your ESTA. Just make it abundantly clear that you are doing so throughout your whole journey during check-in at the airport (do not check-in online), at the gate and especially at CBP. They shouldn't let you enter on K1 without you handing over your packet, but just be safe and explain the situation. Bring evidence of ties to your home country to prove you don't have immigrant intent. -
Is one time visit enough
Yareth replied to Byndimge00's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
This is going to be an uphill battle for sure...not impossible, but tough without more evidence of comingling your lives. -
I-130 PETITION
Yareth replied to JackandEdna2019's topic in Bringing Family Members of US Citizens to America
From uscis.gov: "Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart. However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare." Click And, regarding your question of " if the I130 petition is approved first before the I-129F petition will USCIS automatically cancel the I-129F petition ": "If USCIS approves your Form I-130 before or at the same time as your Form I-129F, your spouse and his or her children will no longer need a K-3 or K-4 visa. This occurs in the vast majority of cases. When your spouse’s approved Form I-130 reaches the Department of State, an immigrant visa is immediately available to him or her. Your spouse and his or her children then must apply for immigrant visas and seek admission to the United States as lawful permanent residents. Because K-3 and K-4 nonimmigrant visas are no longer available to your spouse and his or her children at this point, the K-4 child will not be able to immigrate with your spouse unless the child has an approved Form I-130 at the Department of State at that time." If you want to be well informed, stay close to official and/or trusted sources and take conversations on the internet with a grain of salt. -
Filling out the I-130
Yareth replied to zimzima's topic in Adjustment of Status from Work, Student, & Tourist Visas
Mailing address/place of residence: Just fill in the address again - it's a small effort and will not be held against you. Employment: If you have been unemployed somewhere in the last five years, you need to specify that by writing 'unemployed' and stating the dates. It also wouldn't hurt to explain why you were unemployed in Part 9, Additional Information. Part 4 - item 59-60: I wouldn't consider your situation 'Living together' unless your name is on his lease. Part 4 - item 61: Look up the right office for your area, see filing addresses. See "Special Instructions" on https://www.uscis.gov/i-130 for more information. -
Expiry of I-693
Yareth replied to Jjeron's topic in Adjustment of Status Case Filing and Progress Reports
Not an issue: " ALERT: Effective April 4, 2024, any Form I-693 that was properly completed and signed by a civil surgeon on or after Nov. 1, 2023, does not expire. You can use it indefinitely as evidence that you are not inadmissible on health-related grounds. For more information, see the Policy Alert. Additionally, effective Nov. 13, 2024, immigration medical examinations are valid indefinitely for certain Afghan nationals who arrived in the United States during Operation Allies Welcome. For more information on how this policy applies, see the Policy Alert. " It's in the alerts on https://www.uscis.gov/i-693 . -
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?