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Everything posted by smilingstone
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What type of visa?
smilingstone replied to Unsure320's topic in What Visa Do I Need - Family Based Immigration
Is this the first time you met him? Could be wrong but your post makes it sound like you didn't know him before marrying him. -
People who are getting deported have overstayed decades on a tourist or student visa, often working without proper documentation. Those who get deported are done so for breaking the conditions of their original visa. If he had anything to worry about, he wouldn't have been given the B in the first place. FYI, you know that if you intend for him to come on a tourist visa so you can marry, he must return to Ireland to start the spousal process.
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How long have you been together? How did you meet, and how many times have you met in person? Is there a large age gap? Do both of your families know and are accepting of your relationship? These are just a few questions to establish if your relationship has any red flags. Most couples do not require a lawyer to complete this process and do it all themselves. Many times, lawyers will actually cause problems in your application by filling out forms incorrectly or not responding to RFEs properly or promptly. There is plenty of information available online to find out what the process entails. You and your fiance should both educate yourselves on this in advance of applying so you are fully aware of the financial and time implications.
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Questions regarding name change
smilingstone replied to Turquoise's topic in K-1 Fiance(e) Visa Process & Procedures
In my experience, it was easy to get SSN before marriage, but I wasn't able to do the name change on the SSN after marriage before getting my EAD. -
My thought is, does the store name even indicate that it sells cannabis? Beneficiaries have to list employment history, but I do wonder how thorough they are in looking into this info. As a K1, I wouldn't think employment history bares much scrutiny, and it's more so for forming an overall impression on your character? Only my guess though. From what I read though, it seems they care more about people entering the US who currently work in the industry. Any accounts I came across of people being refused were because they were here to visit cannabis farms for business. I think it's hard to say if you'll face difficulty. On the one hand, it was a legal job in that country, on the other hand I can see a US official labelling it as drug trafficking.
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Consular interview during travel ban
smilingstone replied to Party's topic in US Embassy and Consulate Discussion
From what I've seen on here, they will interview you but you will be refused and left to wait out the ban. -
Is longer visit on Esta like 2-3 months bad idea while unemployed?
smilingstone replied to emm92's topic in Tourist Visas
Even for a 2 week trip I went loaded with employment contract, lease agreement, bank statement, etc. I was asked one time who I was visiting (fiancé at time) and then about my employment. I was let in but if I wasn't able to evidence strong ties to my home country, it may have been another story. You really need to show a reason to return. If it's not a job, what else is there? Do you rent or own property? Do you have any pets registered at a local vet? Any big events, like a wedding, you're invited to attend? Some things might seem weak, but it's better than nothing. You kind of need to go assuming you will be refused, so how can you convince them otherwise? No hard rule on money. I was never asked about it, but for 2 weeks I'd take about 600 USD cash and have some credit cards. I believe it can look suspect if you try to enter with a large amount of money. It might look like you are going to be funding a life, not tourism. Youve already done a fairly long trip, so if it were me, especially if you are engaged with K1 or spousal on the horizon, I would be changing it to a shorter trip. Either 30 days again, or less. Also a very good point about your partner going to EU to see you instead. -
ESTA help with minor criminal conviction
smilingstone replied to azizsawo9901's topic in Tourist Visas
Do you get the opportunity to disclose on an ESTA application? I can't recall from when I did it, or maybe it comes after submitting and they want more info? If not, though, I just think it would be a shame to say yes to a question that arguably does not apply, as I have a hunch answering yes to certain questions results in automatic denial without human review. Just my opinion though, based on my own experience and interpretation of the question. Some would say I was wrong for doing so, some would see no issue. As @appleblossom advised, if OP wants to be really covered, they should consult a lawyer. -
ESTA help with minor criminal conviction
smilingstone replied to azizsawo9901's topic in Tourist Visas
Agreed. Wording is rather specific on ESTA application. Myself, I had previous shoplifting charge, did not answer yes to that question as the shoplifting did not result in any damage to property, serious or not, government or not. Had no issues getting ESTA and using it for multiple trips. K1 and AOS, however, are different and ask if you have been convicted of any crime, at any time, anywhere. Obviously for this the answer would be YES. To OP, I wouldn't worry about it. On visa applications (not ESTA) you have ample opportunity to explain your conviction. Being detailed and emphasising that it was unpaid public transport. I would even disclose the amount, which is what, 2 or 3 quid? USCIS isn't going to care about that, but what they will care about is if you don't disclose it when you need to. -
You need to obtain an address yourself. Are you going to arrive on a DV without a place to live?
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DoS Status: READY ; but what now?
smilingstone replied to AlexBB's topic in K-1 Fiance(e) Visa Process & Procedures
K1s typically schedule things themselves. -
Chances of RFE?
smilingstone replied to kiaradv's topic in Bringing Family Members of US Citizens to America
I'd say 100% given that you provided your husbands passport and not your FIL's. -
DoS Status: READY ; but what now?
smilingstone replied to AlexBB's topic in K-1 Fiance(e) Visa Process & Procedures
It can depend on visa type. For some they will schedule your interview, for others they won't. As for the packet, sometimes they don't arrive in good time, if at all. Probably best to figure out what the next steps are yourself, knowing your visa category, and go from there. If you are able to schedule things yourself, there's no harm in doing so. -
Your post history shows you are very impatient. K1 nor spousal are quick processes. If you withdraw the K1 and go spousal route, you will have wasted a year. Are you sure you want to do that? You will experience a longer processing time due to your petitioner having very serious criminal charges. Your case is not DIY in my opinion. If you decide to go spousal, you should procure a lawyer. I think OP was screenshotting other cases, and complaining about how they were adjudicated much quicker than theirs.
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Don't see why this would be an issue. If you've been legal partners under sambo and living together for 3 years, you should have plenty of supporting evidence to show a bonafide marriage - only difference here is that you don't currently have a marriage cert, but presumably something else that confirms your sambo partnership? So get married, obtain marriage cert, and file. Probably a good idea to also include any legal docs confirming sambo for the past 3 years. You should be good to go.
