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Illiria

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  • Gender
    Female
  • State
    California

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  • Immigration Status
    Naturalization (approved)
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    California Service Center
  • Local Office
    San Francisco CA
  • Country
    United Kingdom

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  1. Technically - Yes. America can refuse a visa if they feel he is habitual drunkard. That’s one of the questions on the adjustment of status application that comes later. Now at his interview they may allow him to present evidence he isn’t or they may just reject or they may allow him to just be rejected for a year to prove he isn’t and for those in the past with drug consumption they want to see that he complete testing in that year to show that he isn’t using. This will all hinge upon the embassy and what steps he has taken post conviction - did he complete any kind of rehabilitation, does he still drink, has he any other convictions, etc.
  2. Here is a link to the uscis judgements on decisions to deny petition appeals - if you use the drop-down to select 129f fiancé visa and use the search words meeting and disability you will see the scenarios they do not think are serious enough. https://search.usa.gov/search/docs?affiliate=uscis-aao&dc=9491&query=Meeting This one was specific to not being able to travel due to disability - someone who needed two home helps daily was denied https://www.uscis.gov/sites/default/files/err/D6 - Fiancees and Fiances of U.S. Citizen (K-1)/Decisions_Issued_in_2022/APR012022_01D6101.pdf I would suggest you read some of the judgements to see the level of evidence they require to meet the standard of not having to meet the requirement. I used to read the appeal denial notices out of curiosity and the common themes are - prove the foreign fiancé cannot make it into the US, prove the us petitioner cannot travel (using any method at all) to meet foreign fiancé in their country or a third country.
  3. According to Google - nope but that doesn’t mean people don’t do it. ‘The commercial importation of secondhand clothing to the Philippines has been prohibited since 1966 under the Republic Act No. 4653, also known as the "Act to safeguard the health of the Filipino people and maintain the dignity of the nation through the prohibition of the importation of used clothing and rags". It renders a significant part of the ukay-ukay business illegal. There have been many calls to review and amend the law legalizing the sale of imported used clothing by ukay-ukay stores.’
  4. Sometimes it’s hard to see all the possibilities when you are part of a situation - that’s what this site is great for. You may also want to look into getting married online and filing after you visit her. One of the US states does it - here is someone it worked for but the Philippine angle might add in a complication or two thought probably just with her CFO getting them to u set stand how she has a Utah marriage cert without leaving the country - The thing with the Utah zoom marriage is you have to meet up in person after the zoom marriage but before filing the I-130
  5. I would recommend getting one that is valid in court straight away (one that maintains the chain of custody not brought in a store and done at home) - that way if the court requires it then you can just present the report. Not sure how easy to set up in the Philippines this is as we did ours in the US, Our little one is ivf and we did this for peace of mind Immigration could still require you to have one redone through them as they won’t trust one you have done even if it is court quality chain of custody.
  6. Do not make this worse by your fiancée ’adopting’ her daughter and do not make it worse by just omitting the child. Rules for immigrating adopted children are complicated, even more so when related (technically by law her sibling), and especially so in a country known for using falsified birth certificates to bring ‘children’ over. They are known to require dna test on suspect relationships - if they see a modified or late registered birth certificate or if you omit the child on the forms but later petition. Get the DNA tests for your own records (this may even be needed for the changing of the certificates), you will prob have to do them again through the embassy for immigration, then correct the birth certificate. Personally I would suggest to delay the fiancée visa application until this is sorted out for two reasons - 1) if they are lying and it turns out that the kid isn’t hers/isn’t theirs you know before too much has gone into it and 2) so that all paperwork on her end is sorted before you start talking to us government. Much easier to say here is situation rather than say one thing and have to correct later on. US govt isn’t too fond of the do now and ask for forgiveness later. Hopefully she wasn’t also married to the child’s father as well? This is going to require patience on everyone’s parts, I would recommend you also consider the CR1 instead of K1 Edit - adopting or adding a niece or nephew or sibling as their own is a common thing we see. The embassy is wise to it.
  7. So you used esta - the use of which is saying that you were coming for tourism with a return flight (required for esta) - but your phone had evidence of intention to stay and adjust status. This is what they are counting as the misrepresentation.
  8. Yeah this concerns me too, but it might be just a case of late registration of the birth certificate. @jamburger Can you confirm if they were asking for dna proof from your mother as well? Was you birth certificate registered late? Or, hopefully not, were you legally adopted and now you are trying to have your biological parents petitioned? Those who have been adopted, or listed the wrong parents on their birth certificates and immigrated due to that wrong information, cannot petition their biological parents.
  9. Also I saw that your profile says naturalisation complete - were you the immigrant in your first marriage? If so is your girlfriend from the same country? And crucially, did you know her before your first marriage?
  10. I am sorry that they are sick - it’s terrifying when your child needs medical care - and I applaud you for adopting as I truly believe it takes very special people to give the gift of adoption. As others have said US immigration law is very specific and you need legal advice from a US immigration adoption specialist - they will have special experience of the US requirements and precedents. Also adding the medical humanitarian aspect they might suggest ways to at least have them allowed here to have the operation - assuming it’s the kind that cannot be provided in their home country. We would hate for you to apply for a visa and get a year into the process to be told you don’t qualify (especially if you decided to delay treatment in the mean time). We want you to have the best possible plan within the bounds of what’s possible going forward from the beginning. Wishing you all the best and hoping for a healthy outcome for your child.
  11. Sadly we have seen some leave as young as 5 week olds in order to come. Once you see several mention leaving very young kids with extended family it tends to colour your view of children left behind as being a solid tie. We have seen people who don’t have a job but look after family be asked ‘so how can you leave them for an extended amount of time’. ‘so if they can do this for that long why not continue once you have a job in the states’ Which is why we try and prepare you for the officers questions which can sometimes be meaner than anything that has been said in this thread. She needs to know that they may be harsh in their questions and to not take it personally or get upset by it. Wishing her the best in getting to visit - sounds like she has taken a lot of responsibility for your family and this trip would be a nice thing to give her.
  12. Yeah not questioning your adoption journey at all - it might be a valid adoption as far as far as the court of the country the child is living in is concerned or even as far as the us adoption services are concerned but us immigration is a whole other story. They are superstrict about visas for adopting relatives especially if the biological parents are alive - they view it as a ploy to skip the long wait times to have their relatives immigrate. We see a lot of people asking about adopting nephews, nieces, cousins, and grandchildren as these relatives can’t be directly petitioned and people posit adoption as a way to avoid petition for the parents of these children which are usually long waits.
  13. Are the child’s biological parents alive? There are significant restriction on the kinds of adoptions that qualify for immigration purposes (to prevent people adopting relatives to skip long waits in immigration).
  14. Thanks for answering - hmm this was my only thought when saw that you knew your second husband as children. Hopefully the notice of intent to deny will shed light and you can refute each point with evidence - though as has been pointed out it may just result in a decision of ‘you may reapply’ but at least you can then tailor your new application to address these points early on. Wishing you the best in your immigration journey.
  15. Did your previous husband apply for immigration for you? If the first husband sponsor you for immigration - when did you marry, immigrate, and divorce? How soon after divorce did you marry second husband? For those who marry to immigrate, divorce, then marry someone else from home they can be suspicious that you used first husband to get here when really were planning on bringing second husband the whole time. As @jorgedig says you could go live with your husband - maybe not the first choice but at least you would be together
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