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Villanelle

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Villanelle last won the day on July 14 2022

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  1. Babayega has various issues that had not been posted here. I have encouraged him to share some of it here as I believe others can offer valuable input. His case is being reviewed hard for bonafides based on valid reasons -there is a police report where he was arrested for DV by a women claiming to be his girlfriend. And not just his present girlfriend but had been his girlfriend the entire time he knew her. The charges were dismissed as quickly as they were brought it seems. No evidence to support them. He is working on obtaining any court documents that may exist as he only has the police records. He was never contacted by the court. Never went to court. They seemed to have realized right away this was a false claim but unfortunately damage was still done as he now has to wait for USCIS to come to the same conclusion on their own or actually accuse him so he can refute it properly. He entered with proper intention to evaluate schools and potential housing situations so that he could file the proper F visa upon returning home. However he met his current wife and married in a short period of time which USCIS did briefly question him on implying it was suspicious. USCIS seems to be dragging their feet on evaluating what they have. They either need to let it go or move forward with the denial process (NOID - denial- court). He is unable to address the issues until they actually present them in a NOID. I have suggested attempting to use the congressman to demand a decision is made/investigations finished up etc. Also to perhaps use the attorney to send a letter of his intent to file a WOM. Sometimes the threat of the WOM is enough to get it moving without actually having to spend the money filing it. Its hard because there is no official time frame of how long investigations can take but its been long enough. They haven't called him for a second interview. They haven't sent a NOID. They did attempt a home visit which I believe was mentioned here. The situation is exactly what calls for a WOM but due to the cost and the current stressors on the marriage it seems he is hesitant to take forceful action. His current joint 751 may need to be amended to a waiver which in itself is not a big deal. People switch to waivers all the time. Its not enough on its own for denial but it adds an additional layer of complexity as they already have various reasons to doubt bonafides. So it's understandable he is hesitant to file the WOM or move forward with any kind of divorce process -the best solution here would be for USCIS to simply finish up the investigation already and either approve or present him the NOID.
  2. Yes. I am sorry the advices and comments you've gotten so far didn't explain this clearer. Heres the deal- ROC requires a joint petition. One can get a waiver (divorce-abuse-hardship) to waive the joint filing requirement. A joint petition requires the couple to be married still at approval. A waiver filing requires the divorce decree for approval. Some people unfortunately don't have it at filing. It's not the end of the world. You can apply as a waiver w/o it. You just won't be approved until you have it. You can also apply as a joint (if you and your spouse both want to). It can be approved as long as you both remain in the joint filing and no divorce occurs. There are advantages and disadvantages to each path. Do NOT make life decisions based on immigration paths! Do whats best for you and immigration will have a path accordingly. If you are not ready to divorce you need to file a joint ROC. Expect an interview as you will need to advise them you guys are separated but legally married still. You can be approved when separated, people have posted such experiences you can read for reference. If you are ready to divorce or maybe you weren't but realizing its going to happen eventually and you will need the decree for immigration was the wake up call to start moving forward with it, that's fine too. Because you haven't even filed yet you have plenty plenty plenty of time to get the decree as your ROC processes. It's currently taking 1-2 years on average. Even if you didn't have it, its still ok. Theres a process for that as well. It just seems most likely n/a for you as you should have your decree in time. (Time meaning between initial filing and the 1-2 yr processing of it)
  3. Ok so you have a lot you can respond with. Do you need help with formatting? It's important to respond in your own way, your own words. Your response to questions verbally or written need to be genuine and that means however you say it is how it should be said. For formatting- letter should start as response to RFE and then just as you did here list out each RFE point and the response. There are no documents. Not every thing will have a document as evidence. Some will just be your explanation. So for this issue- make sure your response is thorough. Include specific details. Ex- lets say you were married in Jan 2020. Started job feb 2020. Explain it was initially filled out withholding for 1. In March 2020 you asked for them to change it and made it 3 but then realized that would cause too much to be witheld so in june 2020 you changed it back to 1. If you have paystubs from back then reference the actual amounts of tax collected. Ex- I am attaching paystub for feb showing they took 300$ as withholding for 1. I changed it and in march they took 900$ ! So I changed it back to 1. Also you might want to post in the working and finance/taxes subforum for help understanding tax withholdings and such because what you posted here is incorrect. The more they withhold the more likely it is you will get a refund upon filing. The less they withhold the more likely it is you will owe upon filing yearly taxes. The above explanation is sufficient. If you are not technologically inclined then your not. The fact that you went to verizion to change the name on your caller ID speaks for itself So if you attempted to change the caller ID and then it reverted and you didn't have the energy or time to go back to verizion to have them correct it again then that was it. Perhaps explain it wasn't a big deal for the caller ID to show her name. You all are / were married. You can also attempt to chat with verizion and get the transcripts from the chat. Perhaps you can get the chat rep to confirm in chat there was an issue and your previous visit? Your explanation is the proof. Was this particular credit card mentioned in the divorce? Try to find previous roommate on social media and reach out to her there. Easiest solution is to get a statement from her correcting date mistake. If not you will want to come up with as much secondary evidence showing you lived there. Bills or statements with the address. DL records. Bank transactions showing you were physically in LA and not SA. Most people tend to shop at the same stores or gas stations. Try to show a pattern of buying groceries or picking up prescriptions at a place near home address. So you didn't have insurance. Its okay. Again you just explain it. If your lawyer is not helpful find a new one!! You are paying them for assistance, if they are not assisting you they shouldn't be paid. A multi point RFE like you got needs a well constructed response and it's clear you need personal assistance in drafting it. FIND A BETTER ATTORNEY. You can call your local bar association and get referrals if needed.
  4. Do you have an extra 5k laying around to pay the attorney who seems incredibly eager to take it? I mean thats what stands out the most to me. They were pretty focused in saying this is the only way and it's not. I think the congressman is a good option. I would atleast wait to see what happens with that before writing a check for the attorney. And yes, the ombudsman page might say not taking cases if only issue is outside of processing time but I would submit a request for help from them as well. Technically you can argue it's not simply outside of processing time for the form in general (30 something months) but it is also past the response time after interview. Failure to make a decision after interview. Especially if you have not been contacted for a follow-up interview and no home visits occurred or any correspondence from them. I would also file the FOIA because if it's a delay related to background check issues sometimes filing the FOIA will cause someone (different) to have to obtain your records which can help get it unstuck. But I think the congressman can help. Just try to put the focus on lack of decision after interview rather then excessive processing time.
  5. Do you have any idea why? Still married? Difficult interview? Fraud suspicion? Background checks? Etc WOM (writ of mamandus) is something to discuss with an attorney familiar with your case. It doesn't automatically force an approval just a decision.
  6. Were you able to determine if you sent an outdated version? And yes, you should include a letter from your employer stating your income/job will continue.
  7. Sometimes 'emergency ' documents are stand alone. Meaning the travel document is not imprinted in the passport but rather a sheet of paper with the photo and stamps/whatnot.
  8. Possibly yes. I know it sounds unbelievable but it has happened.
  9. Seems like you sent an outdated form or not all the pages. Download the current version directly from USCIS website and check it against what you sent. Version information is in small print in the margins.
  10. Ok then the >1 year ownership could be the issue. In general you need to demonstrate ownership of the asset(s). This generally means showing 1 year or more OR a trail of documentation. This is to prevent people from 'borrowing' large sums of money or property and then transferring it back afterward. If you are going to attempt using assets only again I would suggest to include additional documentation as to where the funds came from for the purchase. (Sales contract from previous residence). How long did you own that residence for and how did you initially pay for it? I mean if you can show documentation you used your own savings 5 years ago for the purchase overseas at 50k and ultimately sold it in 2022 for 250k giving you 200k in proceeds (which would be reflected 2022 taxes in some capacity), and then purchased a new home stateside for 350k with 200k down- then that might be enough to demonstrate where this 200k came from and that its yours. Showing 1+ year of ownership of the asset in question is mandatory but it's not exclusive meaning less than 1 year is ok if you can show enough documentation establishing ownership. I mean if I won the 1 billion powerball lottery I would fill out the 864 showing such. I wouldn't have to wait 1 year. If you received an inheritance, its ok for it to be in your hand less than a year because you show where it came from. Transferring your equity from one property to another doesn’t mean the 1 year starts over if you can show possession of the equity historically for 1 yr or more.
  11. ^^^this Did you include all of the stuff outlined above? Deed, property taxes, etc? The payoff quote from the mortgage vs recent bill perhaps. Also you have owned the property for <1 yr correct? Again I believe you are getting stopped by the gatekeepers at initial review which means an error on the 864 or in the documentation. I understand you sent a cover letter of explanation but that doesn't override errors or missing documentation. So let's go through it again in painstaking detail. Did you include the deed? Shows your exact name, has the proper stamp, etc Mortgage payoff quote. Not recent bill as they typically say this is your balance due and not a payoff figure somewhere in small print. Current appraisal. Id have to dig around in the regulations to see if theres a time-frame for how many days is current. Im inclined to say 30-60, but I know appraisals aren't cheap and it would be a shame to pay for an updated one and still be rejected. Property tax statement or assessment Realtor appraisal- this is comps, real estate market analysts etc. Realtors provide this at no cost but with the intention of trying to solicit you as a client. People also use zillow for this. Now it's not 100% clear the error lies in your documentation of assets. As you said the RFE states they can't determine if you qualify not that they reviewed it and are dissatisfied. For your income and prior tax returns what did you enter? You don't need to give us your correct numbers for privacy, make up numbers. Ex- mortgage is 100k. Appraisal is 250k. Entered 150k as assets. Tax return shows what on income line? I understand it was foreign income and doesn't count but sometimes it will get bounced for mismatching- ie tax return says 30k but you know it won't count so entered 0. Computer will detect the mismatch as an error and reject it. The more information you can provide line by line of what your 864 shows along with a list of the exact documentation sent the easier it will be to help determine where the issue is. You can also get a consult with a local attorney who can review your documents.
  12. Gotcha. You submitted your AOS package July 2022, just a few weeks ago correct? This means theres no way an Officer looked at it and determined you don't qualify. You are getting stopped at the door by the 'gatekeepers' so to speak. So first, go through your 864 with a fine tooth comb ensuring it is filled out correctly. Every line. Signature, dates, boxes checked, etc. If it's all good then the only reason I could see for it being rejected is the fact that the appraisal you sent is 90+ days old. Might be too outdated. Current usually means 30 days, maybe 60. 90+ might be too old. You can send an updated appraisal or additional evidence like a realtors appraisal, zillow listing, etc but as stated you only get one shot to satisfy the RFE. If you choose to attempt assets only and it's rejected you will have to file again and pay the fees again and ensure you have a w2 based job or sponsor the second time around.
  13. https://www.uscis.gov/scams-fraud-and-misconduct/avoid-scams/common-scams Only an attorney or an accredited representative working for a Department of Justice (DOJ)-recognized organization can give you legal advice. For more information, go to the Recognition & Accreditation Program page on DOJ’s website. I didn't see any mention of them being accredited on their website. The P.S at the end of the email was also a bit alarming. Pardons? Sounds like the potential employee has a ban.
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