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merc0230

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Posts posted by merc0230

  1. I'll agree with most of the other posters, you can try but your chances aren't good.

    I tried with my then 22 year old gf, that was in med school full time and we got denied (we are also from a low fraud country).

    I did the buy tickets as well, a word to the wise if you buy a fully refundable (although expensive) it won't cost you any cancellation fees.

    GL

  2. I think something that is being left out is the possibility of bring family over. I know my wife will apply to bring her mother over as soon as she is eligible. So, there is one other benefit. (and like others here, I'm going to obtain Costa Rican Citizenship as soon as I can for options if no other reason).

  3. Getting a SSN is totally unrelated to biometrics.

    A K-1 can get a SSN upon entry. A CR-1 will also get a SSN mailed to them. Getting a SSN 1 week after arrival is not unusual.

    We had to go to the Social Security office to get my wife's (CR-1). It was not auto-mailed. We did that within the first week of her arriving, all they needed was her stamped entry from her passport. We were even able to use her married name with copies of our marriage license even though her passport was still in her maiden name.

  4. I have heard of this a couple of times here previously, when USPS "lose" either an EAD or green card, then the alien has to pay the I-90 fee to have the green card re-issued.

    In the specific case of an EAD, I would simply re-file a completely new I-751 application, and enclose a covering letter with all of the relevant information from the first card (case number, tracking number, you didn't receive it, etc.). I certainly wouldn't be paying a fee.

    Technically you'd be making a renewal application, and usually that requires you to submit a copy of the current EAD. That obviously won't be an option in your case, so I'm wondering how they would handle that.

    I would also contact one of your congressional representatives and / or the DHS Ombudsman to see if you can get some traction that way.

    Been there done that. We never received my wife's green card and they denied the I-90 saying their system shows it was delivered. (It wasn't).

    Fortunately, we have to do the ROC so we are just going to wait it out. They already put that stamp (sorry don't remember the name) in my wife's passport to allow her to travel, so really we don't need the green card.

    Good luck OP.

  5. My wife's greencard was supposedly delivered on the 19th of Feburary 2013, yes you read that right almost a year ago. It was never received and we have been fighting this battle ever since. Just last month we were provided with the tracking information and now we are working through the USPS to try and find out what actually happened to the card.

    My advice, make an infopass appointment and start the process. We were initially told to file an I-90, which they rejected because in their system is shows as delivered. We are now just going to hold off until we do the ROC and then get a new card. At the last infopass appointment they stamped her passport so she could travel for the next year.

    Good luck!

  6. I think that's a light package in regards to evidence, which is why I am stressing you send in the other paperwork/evidence that has a different address and just explain your move in the cover letter. Even though the old drivers licenses show a different address, they still show that you were residing at the same address, which is evidence in your favor. The same goes for the bank account. The more evidence you send, the fewer hassles you have down the road.

    A simple paragraph in your cover letter explaining that you moved will suffice. Much easier than getting an RFE in a month or two.

    I tend to disagree (but what do I know - I'll be filing for our ROC later this year).

    To me the birth certificate should be a slam dunk for proving a bonfide marriage.

    I'll be following this topic closely. Should be interesting as more people chime in.

  7. I thought I would weigh in here as I have direct experience.

    Although my experience is based in Costa Rica, we tried 3 times to get my girlfriend, then fiance, and then wife a tourist visa. I was living in Costa Rica, had applied for residency in Costa Rica, registered as an ex pat at the embassy, was voting from Costa Rica, had a house, a car and a job, although my job was US based, I had strong ties to Costa Rica. We were denied each time.

    Only when I changed jobs and moved back to the US (and file for CR-1) did my wife ever make it to the US.

    Since being here in the US her brother and mother were granted 10 year visitor visas, and her mother has nada, no job, no house (lives in ours), no car, etc, etc. Her brother only has a car and a job.

    As many have told you, all you can do is try.

  8. Mods please move if posted in wrong section.

    Ok, so we have a friend that came over on a K1 visa, she now has gotten married and ready to do the AOS..(err I think that is what it is called) and the Civil Surgeon's document says " Please be advised that the civil surgeon will perform a physical examination which includes visual inspection of your private areas (genitalia and #######). "

    Is that common? Seems a little invasive to me.

    Thanks in advance.

  9. Hello VJers,

    I would like to help my brother-in-law come over to US to study at the local community college or wherever (as long as it meets the requiremnts).

    However, as a young guy (21, single, etc, etc) he doesn't really have strong ties. He has some college, he lives with his mom (who rents), not much money to speak of. (I will help or pay for the Uni).

    So, how strong of ties does a young college student need to show?

    The rest of his family (brother and other sister and mother) is still in Costa Rica, is that enough?

    Of course, ideally his sister would like to come to the US and study as well.

    Thanks for any insight.

  10. I could write a book here.

    Like you I was living in Costa Rica with my then girlfriend. I was registered at the embassy, (as an expat), on the lease in Costa Rica, etc, etc. She was a student without strong ties, so I was trying to show my strong ties to Costa Rica. However, I worked online and my company was US based. Not too surprsingly she got denied.

    Fast forward something like 6 or 8 months. I continued to live in Costa Rica, my friend, my mom, my aunt had come for visits. I only left the country (Nicaragua and Panama) to renew my visa (for 90 days) which she went with me everytime (i.e. our passports matched). Denied again.

    Ok, so we decided on a Costa Rican wedding. Back at the embassy. I now have been in the country over 2 years. We have a lease purchase agreement on our house valued at over $200K. I have applied for my Costa Rican residency and have my Comprobant number.

    At our appointment (third time is the charm, right?)

    Now, I realize that we have to prove that she didn't intend on immigrating, but they reviewing officer didn't look at ANY of the documentation that I provided. All he did was look at this computer. Then he suggested that we have her try for an immigration visa, at that time I had to explain to him that immigration visas were only for those people wanting to immigrate, not visit. He left the window, to talk to someone else and then said, yep you are right. I thought, "great, finally we get it". Nope denied again. Still no strong ties.

    On the other hand we have a single female friend that owns a small house, goes to school part time and works full time. She got approved. From what I understand it is truly hit or miss. It all depends on the mood of the CO (and there is no appeal process).

    So, I all can say is give it a shot and see how it goes. I hope it goes well for you.

  11. If she didn't make ANY money, there is no income. There would be no reason to file income tax returns. However, if she didn't make MUCH money, which implies that she did make SOME money, then there would be income, and you would be correct that she "should" file income tax returns. She can do so now, I believe... She should contact the IRS and ask how she could go about filing a late return.

    Actually, Anyone who earns under a certain income, determined by age, dependency, and filing status, is exempt from having to report those earnings to the IRS. For an independent, single person under the age of 65, for example, that number is $9,500 (efile.com provides a table that breaks it all down.)

    However, I think you also need to be thinking about how are you going to prove that she can meet or exceed the poverty guidelines. IMHO

  12. She needs to be a USC to petition her parents and siblings.

    Once she enters on the K-1, it'll take 6 months to get her a green card after she files.

    After having her green card for 3 years and meeting all the other requirements, she can apply for US citizenship. It'll take several months to a year to get US citizenship.

    So in 4-5 years when she is a US citizen, she can file for them. It will take 1 year for her parents. It will take 12 years for her siblings (if the sibling category is not eliminated).

    Seems to me, it would be quicker to have the parent become a citizen and have the parent bring the siblings over.

    Wouldn't that negate the whole "if the siblings visa is discontinued" argument?

    Yes, I realize the parent would have to be come a citizen...but that would reduce the wait time from 12 years to 5 plus whatever the wait time is for children, which I am guessing is somewhat shorter than 7 years.

  13. I'll give you my/our experiences so you'll that much more information.

    While I was living in Costa Rica with my then girlfriend we applied for a tourist visa. I said I wanted to bring her to the US to meet my family. We were asked if we intended on getting married. I answered no, because it was too soon in the relationship and my family hadn't met her, etc, etc. Denied. Not enough ties to her home country.

    Fast forward several months. I had started my application for Costa Rican residency, registered at the US embassy as an expat and only left Costa Rica (with my then fiance) to renew my visa so I could stay in Costa Rica legally. Had a lease purchase agreement on property in Costa Rica in both of our names. Denied. No strong ties.

    Fast forward several more months. Trying again with my now wife. Same documentation as before. Denied. Was told to apply for immigration. I explained to the CO that we weren't trying to immigrate as I was still living in Costa Rica, and only wanted to go and visit the US. Denied again. The CO stated that the presumption is that we were trying to go the US on a tourist visa and then apply for a change of status. The CO never looked at any of our documentation and didn't really care to hear me explain. Mind you this is Costa Rica, very low on the list of countries for immigration fraud.

    My job situation changed (read my job ended and I still like to eat :), and we did immigrate over, but that is a whole other story.

    Good Luck...whatever you decide.

  14. I think the hospitals should do more to deport illegal aliens that show up for care.

    I don't always agree with the posts that I read from Darnell, but he is right on with this one. I was told by a friend (so unsure how true) that there is an undocumented guy from Mexico that crosses over to NV to receive his dialysis treatment (for free) and then goes back home. This is another area where our system is broken.

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