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J.M.

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Everything posted by J.M.

  1. You are correct with this. The 1 year legal separation requirement is only if you are using legal separation as the grounds for the divorce. About the only way I see for you to economically get divorced is to reach agreement with your spouse to file an uncontested divorce and do it yourself, using guidance and forms from NYCourts.gov. I'm not recommending you do it that way, just pointing out it is possible. If contacting your spouse is out of the question, you will have no choice but to retain a lawyer. I agree that a $5,000 retainer seems high, but if they are going to have to locate your spouse and possibly deal with a contested divorce, it is probably not out of line. Lawhelpny.org is a government sponsored website that might help you find a reduced cost lawyer.
  2. I can't give any advice for NY, but for any divorce the petitioner (you or an attorney representing you) must make reasonable efforts to notify the soon to be ex. "Reasonable efforts" are legally defined... there are steps to go through to attempt to locate. I see no reason why he would need to know your address. The simplest and cheapest divorce is when both parties attend and agree on a settlement.
  3. You might look through the China regional forum to see if you can find anything there. Maybe a moderator can move your question there.
  4. This is somewhat embassy specific. You might get answers if you say which embassy (or fill out your timeline). Usually the embassy website will have a checklist of documents and whether they can be copies or must be originals. That should be your reference.
  5. It is short for Maria, as you guessed, but Maria is never actually spelled out (that I've seen), even on legal documents. It's always with Ma or Ma with a period.
  6. I would suggest getting the AKA in exactly the name that was requested. If they asked for Ma Clarisse, don't request Ma. Clarisse. I would be surprised if Ma Clarisse and Ma. Clarisse would return different results though. Is Clarisse really a nickname? Or is it your given name? Based on the way it's written, it seems like your given name.
  7. I think you are fine to get a SS card based on the I-94. Being married already should not be a factor. Best not to even mention being married, or married name, because it confuses them. It's not a question on the application. No need to volunteer information that confuses them. It will be in her maiden name until AOS/EAD. I would check the box on both AOS and EAD forms. Sometimes they get missed, maybe that doubles your chances.
  8. The Philippines is famous for misinformation. You will be fine. The story probably originated with someone being "off-loaded," which sometimes happens when Filipinos attempt to leave on a tourist visa or work visa, but with insufficient documentation in the eyes of immigration. I've read a few of those stories. You won't have any issues like that with a K-1. A friend just exited on a K-1 and didn't even mention the departure, so it was a non-event. You can stop worrying about all the "what-ifs" now. CFO is the last thing, and you've already done it.
  9. The online option is gone now. All appointments are in-person now. Walk-ins MAY be accepted, but making an appointment is fairly easy and ensures you won't be turned away.
  10. You should get the NOA2 letter soon. There are plenty of hotels and Airbnb within walking distance of both SLEC and the embassy, but you still have a little waiting to do first. Your case has to go through NVC before it gets sent to Manila.
  11. You will probably (maybe) get an email from NVC when they send your case to Manila. I did. It takes weeks to months for NVC to receive the case from USCIS. Once NVC receives it, it takes a few weeks for them to assign the case number. You can use the NVC public inquiry for to ask them if they have received your case and also to request your case number. It takes them a few days to respond, but they will. They will not automatically send you notification that they received it. You have to ask them.
  12. That's a pretty ominous sounding message! It is probably a standard message, with the I-129 part pasted in it. They would probably send this same message for undeliverable green cards, which may (or may not) require new application and fee. The only time I see that you have to start over is if you gave them an incorrect address or refused delivery. USPS or USCIS errors are on them, with no new filing or fees required. That's from the USCIS website: Chapter 3 - Reissuance of Secure Identity Documents | USCIS In your case, they are almost certainly trying to send more copies of the NOA1 to add to your collection. There are several posts on VJ with the exact same issue. Search "document undeliverable" for your reading pleasure.
  13. Are you sure they are saying they will destroy your petition? Or maybe they are saying they will destroy the undeliverable document(s). It is routine for them to destroy undeliverable documents, but not petitions. Petitions get approved, denied, or rejected, not destroyed. If your online case status looks ok, meaning it doesn't show they sent an RFE, you are probably fine. The email you posted says the document that was undeliverable was your receipt notice.
  14. DFA NCR North? Or just DFA North? DFA NCR North (Robinsons Novaliches) Quirino Highway, Novaliches, Novaliches, Quezon City, 1118 Metro Manila
  15. Replied to ancient post by mistake.
  16. It has always been enforceable for support, but the latest revision spells it out quite clearly on the form itself: Page 6: Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size
  17. The I-864 is not a blank check. Yes, it is enforceable. However, your obligation is not to provide 125% of poverty income, it is to provide the difference between their income and 125% poverty level. You state that your wife works. That means she has already demonstrated her ability to find gainful employment, and possibly a good measure of her earning capacity. Most cases of I-864 enforcement consider the earning ability of the sponsored person, meaning if they are lounging around when they are qualified and capable of working, the judge may award them nothing. If a working person decided to quit their job in the hopes of getting income through the I-864 during divorce, I think they will be disappointed when they find out that they need to go back to work. The length of the marriage and age of the parties is also considered. For such a short marriage alimony seems unlikely to me, unless her standard of living has gone down drastically, but even then, the short marriage will probably trump that. As others have already said, nothing about the I-864 is automatic. It must be specifically presented in a divorce case for it to apply. It's definitely not something you want to discuss with her.
  18. I suggest "intend" with the statement "All living expenses while fiancée and continuing after marriage"
  19. Since he filed taxes already, he should have a copy of his tax return. Look for the line that says "adjusted gross income."
  20. Correct about the Covid vaccine. It is pretty clearly stated on the SLEC website that it is required prior to medical. Also correct about the dubious prep methods for the X-ray. The result will be whatever they say it is. No method of prep is going to do anything to eliminate lung scarring. However, if it is something harmless like eating a lot of spinach and drinking lots of whole milk, there is no harm in that. It won't affect the result, but it might make her less anxious about it.
  21. Providing an immunization record keeps you from getting unneeded (duplicate) immunizations. Not having one just means she will get all required immunizations. Not many provide a record. It is no big deal if she does not have one. All shots required for US entry will be given during medical. There is no point in getting them before the medical exam. For "failing" the chest x-ray, the result is that you undergo sputum testing. Sputum is collected for 3 days and then cultured. That is what the 2-month delay is about. If the culture comes back negative, you can complete the medical exam at that point. That is usually the end of it. If, however, the culture comes back positive, that is when treatment would start. TB treatment would be under direct physician care, with the medication and duration determined by the doctor, typically around 6 months. There is nothing "preventable" about the chest x-ray. SLEC looks at it and makes the decision. All you can do is hope you aren't flagged.
  22. You might get offered a declaration form, but as a transit passenger you won't need to fill it out. Sometimes they pass them out prior to arrival so people can fill them out before landing. Other than that, I doubt you will have any paperwork to complete. Airports changes rules frequently, so I won't guarantee there will be no forms, but it's unlikely. There will be no taxes or other airport fees.
  23. Since you aren't changing airlines and the entire trip is on one ticket, your baggage will be checked all the way to LAX. You are just transiting. Follow the "transfer" signs to your connecting flight. You will go through security screening again but will not have to claim your luggage.
  24. If by "electronic" signatures you mean something like PDF signatures, don't use them. If you import your own, real signature, it might be ok, but the "generic" signatures are no good. Use your own hand. For the most part, copies are acceptable, unless original documents are required/requested by the consulate. You don't say where you are at in the process, or what country is involved. Some are stricter than others.
  25. I'm not sure what your question is or the details of your situation. ROM would only exist if you either got married in the Philippines or registered your marriage that occurred abroad in the Philippines. Registering it takes some effort, so I would think you would be aware if your ex registered it. If neither of those happened, then PSA will have no record of your marriage. CFO would only want to see your divorce decree.
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