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geowrian last won the day on May 22

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About geowrian

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    Good, cheap, fast. Pick none.
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  • Member # 251538

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  • Immigration Status
    K-1 Visa
  • Place benefits filed at
    California Service Center
  • Local Office
    Philadelphia PA
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  1. You're allowed to get married on a tourist visa in the US. That won't be an issue down the road if he applies for another visa in the future. As always though, he needs to bring sufficient evidence of his ties to back home to show that he intends to leave before his I-94 stamp will expire.
  2. I don't see that... (Page 5): "My existing card has already expired or will expire within six months. Select this reason if your card will expire in the next six months or if your card has already expired. If you use this reason, and your existing card will not expire within six months, your application may be denied." "My card will expire within six months or has already expired." "If you are a permanent resident whose 10-year green card has expired or will expire within the next 6 months, you may begin the renewal process by..."
  3. It's based on years of permanent residency (3/5) in the US, not how long you're married.
  4. 90 days? I thought it was 6 months for a 10 year card.
  5. When did you enter the US? When you received the actual green card doesn't matter. Nevermind...I saw that listed above already. haha You were married over 2 years at the time. You're fine with the 10 year card. Enjoy.
  6. What matters is how long she was married when she went through POE. If she was married 2 years or more at that time, then she gets the 10 year green card and does not have to go through ROC (since she's not a conditional resident).
  7. The requirement that the CO will make a decision on is the risk of the intending immigrant becoming a public charge. Some COs don't even ask for the I-134 (albeit COs at most embassies do). So while 2 paystubs and 1 year of tax returns may work for one case, they may be insufficient for another (even at the same embassy). I suggest bringing all supporting documentation. If only using income, that would be: Current pay stubs (at least 3 months) The most recent year's tax return (transcript perffered, but 1040 + W2s can be used instead) Letter from your employer (on company letterhead) with: 1. Date and nature of employment; 2. salary paid; 3. whether position is temporary or permanent
  8. It's slowly shifting back, so it may be getting closer to that. But most that I'm seeing are still in the 90-120 range (getting closer to 120 days, though). But I wouldn't be surprised if it got to that point, too. Much of the past Oct through Dec. K-1 visa backlog is probably now getting to AOS....making the backlog there worse.
  9. An RFE can come at any time up until the a case is adjudicated. The fact that they are ready to schedule an interview means the minimum required paperwork was sufficient...I wouldn't go as far as to say they are "satisfied" with it (it doesn't mean they aren't either!). It's likely your EAD case will be adjudicated before your AOS. It's also possible (but unlikely) that your AOS application may be adjudicated before your EAD case. EADs are currently taking ~90-120 days on average, so you're quickly approaching that timeframe. Best wishes.
  10. That's a long and uphill - and potentially expensive - battle to prove that he was denied a job due to his immigration status or nationality. But if there is strong evidence of that being the cause for the denial, then let 'em have it.
  11. For the I-129F, just make sure all children are listed (even if they aren't immigrating). This is in Part 2, questions 39-44. Use Part 8 is there are additional children to list. There is only 1 fee for the I-129F no matter how many children, if any, are the beneficiary has. After the I-129F is approved and she applies for the K-1 visa, she will fill out a DS-160 for herself and another for each child who is immigrating. Each immigrating child needs to have their own medical and has their own visa fee. Once in the US, each K-2 child needs to apply for AOS. Moving forward, please start a new topic for your specific questions that aren't about the changes to the I-129F. Thank you!
  12. Financial support isn't a cause for denial or even a red flag. The red flag comes into play when the support is without a reasonable explanation. If the petitioner is working, but the beneficiary is regularly sending enough money to live on, then something is probably up (i.e. paying for benefits). If the petitioner is regularly sending 3x the monthly salary in the beneficiary's country, then something is probably up (i.e. being used/scammed by the petitioner). They're looking for activity out of the ordinary.
  13. PayPal has a history of freezing accounts with that type of behavior (fairly new account / bank account linked, "large" transaction, international, sent without a request, etc.).
  14. It's also a bit of a case for "be careful what you wish for". If the depression was so severe that somebody needed to get here ASAP for their mental health ("emergency situation" expedite criteria), then they would also likely be inadmissible for the visa due to the medical results.
  15. No, it won't affect the K-1. However, I can't speak to exactly how it affects your future chances of entering Brazil (or even other countries) in the future. A quick search shows that it's uncommon for entry to be denied because of a previous overstay, but has occurred (usually when they were unable to pay the fine upon arrival due to banks being closed and such). And some other countries require disclosing any past immigration violations, which may impact the ability to enter those countries (i.e. if you overstayed in Brazil, you might overstay in those countries, too). For instance USCs need a visa to visit Australia, which asks "Have you ever...overstayed a visa in any country (including Australia)?"