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Haarp425

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Posts posted by Haarp425

  1. I doesn't always have to be illegal in the US.. I recall a situation with a Dutch (and I believe some other nationality as well) mother and an American father who had a Dutch-American daughter. This girl had been living with the mom for several years and Dutch court granted her citizenship. Then out of nothing the father came and took the girl to the US. The Dutch were screaming kidnapping after which the father went to a US court (by himself and without the mother being able to be there) where the judge automatically ruled in favor of the father. The Dutch couldn't do a thing about it anymore.

    If you ask me it is a seriously messed up situation, and the father should never have been able to take the kid back to the US without the mother's consent but he did. In my book that could be kidnapping but the US court ruled different and simply said he was within his rights since it is a US citizen.

    Hopefully the OP can get his wife back to the US or at least get some common grounds.

    If he was caught by the Dutch authorities before the plane left the Dutch airport to USA, the outcome may have been different.

  2. If you have internet connection, you should have him buy and send you a Vonage adapter. It's only $30 per month, and you can call each other unlimited. Much cheaper than $100 per month. Magic Jack is even cheaper.

    I recommend vonage. It has better service and voice quality is good and vonage network seldom go dead. With Vonage there is no PC required. Other products are available that does not require PC to work. Also, send in

    AT&T EP5632 5.8 GHz Digital BlueTooth Enabled Cordless Phone with Answering System http://www.amazon.com/AT-Digital-BlueTooth-Cordless-Answering/dp/B000RPT2QQ/ref=sr_1_2?ie=UTF8&qid=1301761550&sr=8-2

    and

    Motorola Black H680 H681 Bluetooth Headset (AT&T Packaging)

    http://www.amazon.com/gp/offer-listing/B00188JT0K/ref=sr_1_2_olp?s=electronics&ie=UTF8&qid=1301761621&sr=1-2&condition=used

    With Magic jack, you need a dedicated computer (turned ON all the time when using magic jack), you need to install software so that the ads will be displayed on the pc.

  3. Hi there, i just have a quick question on the naturalization form. it asks the 2 questions:

    1. Have you ever been ordered to be removed, excluded, or deported from the United States?

    2. Have you ever applied for any kind of relief from removal, exclusion, or deportation?

    Wait.

    The question is "have you received an order/letter that you will be deported from USA? If you did not receive any document/letter regarding removal, then I would say NO.

    The 2nd question since it is related from the 1st question, the answer would be NO.

  4. I am US born citizen and married to immigrant wife. She has been here 4 years and 3 months as Green Card holder.

    She filed Form I-130 for her 12 year old son, and it has been approved and the process is in Post-Decision Activity.

    But we just called NVC and they said there is a back-log of available visa numbers and it may be long time before her son can get his visa number and come to US with us.

    QUESTION:

    Is it possible to change the Petitioner from her name to mine, since I am a US Citizen and he would be qualified for immediate visa number?

    If not, would it be faster to cancel her petition and me (citizen) file a new I-130 ?

    So, in 6 months she will have 4 years and 9 months of being a GC holder in which she can apply to become a USC. Once she becomes a USC in a couple of months, her son will get a immigrant visa number since her son is an immediate relative.

    If You Were an LPR and Are Now a U.S. Citizen: Upgrading a Petition

    If you filed a petition for your spouse when you were a lawful permanent resident (LPR), and you are now a U.S. citizen, you must upgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your U.S. citizenship to the National Visa Center (NVC). You should send:

    •A copy of the biodata page of your U.S. passport; or

    •A copy of your certificate of naturalization

    http://travel.state.gov/visa/immigrants/types/types_2991.html

  5. When my wife arrived in the USA with K1 visa, her flight was from Philippines to Taiwan to Seattle, WA (no other visa required when stopping over at Taiwan for plane change).

    She used EVA Air and she was informed that when checking at NAIA on EVA Air counter, she was required to show the Credit Card used to purchase the ticket. I added her full name (her maiden name) as an authorized user on my credit card (no SSN required to add an authorized user to your credit card). I purchased the ticket for her online at EVA Air website. I mailed a small package that contained the credit card and other things to her in the Philippines via USPS insured. She then used that credit card with her name to show at the EVA Air counter in the Philippines NAIA.

  6. hi everybody..

    i will be petitioning my mom and dad as soon as i become a citizen..had my naturalization test schedule for next month...and ive been studying/researching all the procedures :)..but we just found out today that the date of my parents MC is different of my BC...

    on my BC it was dated NOV 26,1983 which is the right date,but for some reason their MC was dated NOV 29,1983..so now im confuse if which one im gonna use...

    please give me some info or advise..thank you

    IMHO, your parents MC date might be the correct one. When you were born, I don't think they carried their MC with them and probably just rembembered NOV 2x, 1983. Look at their wedding pictures, it should have date on them that would give you some idea.

    However, look at this document. http://www.census.gov.ph/data/civilreg/ra9048.html

    Republic of the Philippines - Republic Act No. 9048

    Snippet:

    SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname � No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations.

    SECTION 2. Definition of Terms � As used in this Act, the following terms shall mean:

    (1) "City or Municipal civil registrar" refers to the head of the local civil registry office of the city or municipality, as the case may be, who is appointed as such by the city or municipal mayor in accordance with the provisions of existing laws.

    (2) "Petitioner" refers to a natural person filing the petition and who has direct and personal interest in the correction of a clerical or typographical error in an entry or change of first name or nickname in the civil register.

    (3) "Clerical or typographical error" refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records: Provided, however, That no correction must involve the change of nationality, age, status or sex of the petitioner.

    -----------

    The incorrect date on your BC or their MC, might be considered "Clerical or typographical error". Verify first which date is correct and if possible print this document when they go to the local Civil Registrar to make the correction. If the local Civil Registrar won't change it then it will a court order to change it.

  7. Check this link. http://www.visajourney.com/forums/topic/191286-citizenship-interview-walkin/

    If he does not become USC within 22 days, you will be out of status before he becomes a USC. Still you won't be 6 months Out of Status when he petitions his family.

    Some people file/request to extending their B1/B2?

    Not sure with your situation since you are already married with a PR and he will be petitioning for you once he becomes USC in a few months.

  8. Remember Accutane touted as the anti-acne miracle drug?

    Speaking of anti-acne.

    - Don't use soap in your face.

    - Use shampoo instead to clean your face while taking a shower.

    First, put shampoo on your hair and massage your hair.

    Next, the suds and lather it creates is what you use to gently clean your face. Massage you skin face slightly.

    Use the excess suds and lather also on the back and chest that might have some acne as well.

    - Take a shower in the morning and evening.

    - See the results of your face, chest and back in two weeks. You will face (pun intended) :) the world in a new way and with confidence.

    Also, what about that acne that grows from nowhere?

    - Don't squeeze it out.

    - Note: This will be painful a bit but try it a couple of times if you can't bear the pain.

    - Push the affected site with your clean finger and gently massage it in circles.

    If you can't bear the pain, relax for few minutes and try again.

    - The above procedure will not cause eruption of the affected site and does not turn into huge embarrassing acne.

    - See the results in a few days.

  9. No, the officer was the one filled up that receipt# in my form based on the appointment letter I gave him. So they write only the receipt# for my I-765.

    I see. On my wife's biometrics appointment letter, it showed both I-485 and I-765 application number/receipt number. So, we entered both I-485 and I-765 application number/receipt number on the form.

    So, you will need your biometrics taken again for the I-485 part. You need to go for the I-485 because on that letter it states "PLEASE APPEAR AT THE BELOW APPLICATION SUPPORT CENTER AT THE DATE AND TIME SPECIFIED. IF YOU FAIL TO APPEAR AS SCHEDULED, YOUR APPLICATION WILL BE CONSIDERED ABANDONED". Again, you may be able to do a walk-in as before.

  10. The law specifically allows him to withdraw the I-864 at any time prior to the approval of the immigration benefit. Without an enforceable contract under INA 213A, her AOS based on section 245(a) or 245(d) cannot be approved. Her only option now is VAWA.

    True, he may withdraw the I-864 and it will cause the denial of the I-485 application and her option might be VAWA. She has to prove she was abused under VAWA.

    According to www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

    Snippet: Page 26 of the document.

    ----------

    (o) Termination of Sponsor’s Obligation and Enforcement. The obligations created under Form I-864 and I-864A terminate when the sponsored alien:

    • Becomes naturalized;

    • Is credited with at least 40 quarters of employment in the Social Security system;

    • Loses or abandons his or her lawful permanent resident status; or

    • Dies.

    Note: For any qualifying quarter to be creditable for any period beginning on or after December 31, 1996, the alien must not have received any Federal means-tested public benefit during that quarter. A Federal means-tested public benefit is any public benefit funded in whole or in part by funds provided by the Federal Government that the Federal agency administering the Federal funds defines as a Federal means-tested public benefit under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193). Federal means tested benefits include: SSI (Supplemental Security income), TANF (Temporary Assistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means tested benefits vary by jurisdiction.

    Note: The qualifying quarters worked by a parent of, or the spouse of such alien during the marriage to the alien may often be credited to the alien beneficiary.

    If the sponsored immigrant is the sponsor’s child, the legal obligation made in the Affidavit of Support is not terminated by the child’s adoption after acquiring permanent residence.

    If the sponsored immigrant is the sponsor’s spouse, divorce will not terminate the legal obligation made in the Affidavit of Support.

    Even when the support obligation has been terminated, the sponsor, or the sponsor’s estate may still be held liable for any reimbursable amount that accrued before the termination of the obligation.

    ---------

    It will have an interesting implications for adjustment of status when the sponsors wants to terminate their financial responsibility for the sponsored relative by notifying USCIS in writing of their disavowal of the I-864 prior to the adjudication of the adjustment of status.

    In Stump v. Stump, 2005 U.S. Dist. LEXIS 26022. One court found that in adjustment of status cases, the I-864 is enforceable from the date it is signed.

    According to this article http://www.tcdailyplanet.net/node/2701

    Snippet:

    ------

    One court found that in adjustment of status cases, the I-864 is enforceable from the date it is signed. Stump v. Stump, 2005 U.S. Dist. LEXIS 26022.

    In Stump v. Stump, the court’s analysis focused on the statute 8 U.S.C. 1183a(a)(1) (A) rather than the regulations to determine when the contract became binding and enforceable. The statute states the sponsor must agree to support the sponsored alien “during the period in which the affidavit is enforceable.”

    To determine the period, the court looked at 8 U.S.C. §1182(a)(4), which defines inadmissibility of an alien as “any alien who,…is likely at any time to become a public charge is inadmissible.” Focusing on the words “any alien” and “at any time,” the court found that using the date that the alien adjusted status rather than the date the sponsor signed the affidavit would defeat Congress’ purpose for the affidavit of support, which is to ensure a minimum level of income support to the sponsored relative without reliance on means-tested public benefits.

    The case has interesting implications for adjustment of status sponsors who seek to void their financial responsibility for the sponsored relative by notifying USCIS in writing of their disavowal of the I-864 prior to the adjudication of the adjustment of status. Typically, the sponsor also tells USCIS that there is no longer a marital relationship. USCIS then denies or revokes the I-130 Petition for Alien Relative, which then triggers denial of the I-485 Adjustment of Status Application. Under Stump v. Stump, such sponsors would remain liable for financial support because the I-864 becomes enforceable on the date signed, not the date of adjustment of status.

    The I-864 states that one condition under which a sponsor’s obligations end is when the sponsored relative “No longer has lawful permanent resident status and has departed the United States.” In Stump v. Stump, the court found that both loss of status and permanent departure are required to end the obligation. Even if adjustment of status is denied, sponsors remain liable to support sponsored relatives until such relatives leave the U.S. or another qualifying party signs an I-864 on behalf of the alien.

    -------

    We will see how it plays out.

  11. Yeah, Packet 8 is a phone (base unit) that plugs into an internet jack (RJ-45), and it comes with a cordless handset, as well. I don't care for the PC-based VOIPs, might as well just use Skype or YM.

    Blue tooth is a nice touch, as long as the batteries last.

    One nice feature of Vonage is that you can select the phone YOU want, not tied to the Packet 8 phone, though their phones are high quality...

    The H680/H681 I use last 8 hours.

    Packet 8 is good then since it just plugs straight to the RJ-45.

  12. I use Vonage compared to others because some VOIP provider, they require a PC and install their software (ads) to use their VOIP. Vonage does not require PC. Other VOIP might be similar to Vonage.

    Anyway, I also send to Philippines are as follows:

    AT&T EP5632 5.8 GHz Digital BlueTooth Enabled Cordless Phone with Answering System

    http://www.amazon.com/AT-Digital-BlueTooth-Cordless-Answering/dp/B000RPT2QQ/ref=sr_1_21?ie=UTF8&qid=1301232434&sr=8-21

    and

    Bluetooth Headset

    http://www.amazon.com/Headset-H680-Luxury-Black-Gold/dp/tech-data/B001HB8JWW/ref=de_a_smtd

    If you are talking for a long time on the phone, your hands will soon get tired and you will have stiff neck. However, with the Bluetooth and Bluetooth enable phone, your love ones can talk long hours and at the same time they do other things (cook, clean house, eat, wash clothes, etc). Believe me, they will appreciate it and will tell you why you did not think of it before? :)

  13. Hi there! I'm sure half of you will roll your eyes at this, but the more I try to find answers in the forum, the more confused I get, so I'm hoping someone can help me.

    I am unsure what medical documents, if any, I am required to obtain before I send in my AOS package. I had my medical exam and x-ray on February 3rd, interview on the 10th. With my approved visa and passport I was also mailed a large sealed envelope that was to be opened at the POE, and a smaller sealed envelope which says: 'K1 - applicant copies of medical forms. Retain this sealed envelope for your I-485 application with the USCIS Office. DO NOT OPEN.'

    Of course, I am itching to rip it open to see if it has the forms I need, but I shall resist.

    At the interview itself I was also given a CD which supposedly has my x-ray results on it (couldn't open it on my Mac), which came with a sheet of paper called 'Vaccination Documentation Worksheet'. It says For Use with DS-2053 or DS-2054, and To Be Completed by Panel Physician Only. In the bottom lefthand corner it says DS-3025, 07-2010. This sheet basically shows I've had all of the vaccinations I need (a note to other Dutchies - the only vaccination I needed as healthy young woman was a renewal of my DKTP... a shame they wouldn't tell me that before I had myself shot up with a cocktail of expensive diseases. Ah well!)

    So, on the one hand it looks to me like I have everything they need. But as always, the fear of an RFE compels me to want to go to a doctor here and get everything done again. Any tips? At this point, saving on yet another doctor's bill wouldn't hurt...

    Thanks a lot, VJers!

    You just to have a USCIS Civil Surgeon transcribe your medical results. However, the USCIS Civil Surgeon might not want you CD x-ray result and will require to inject your arm with tb test (It takes 2 days to show the result. No reaction = No TB). Also, you may need a second MMR shot.

    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

  14. FYI:

    If anyone has an approved Visa, check your passport and look for your Visa sticker and verify all information is correct. Do not try calling US Consulate because you will never get through and it will be difficult to get through anybody to ask question on what to do regarding wrong information on the Visa sticker.

    Go back immediately to the US Consulate and inform them of the errors so they can make an annotation regarding the errors. Once the errors have been annotated, you can then go to your CFO seminar.

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