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mindthegap

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  1. Like
    mindthegap got a reaction from Teddy B in Staying in the U.S. while waiting to tie the knot!   
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  3. Like
    mindthegap got a reaction from Marc_us82 in Staying in the U.S. while waiting to tie the knot!   
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    mindthegap got a reaction from Meg&Andrew in Staying in the U.S. while waiting to tie the knot!   
  5. Like
    mindthegap got a reaction from Meg&Andrew in Staying in the U.S. while waiting to tie the knot!   
    Whereabouts in California are you? There may be a hassle free option for you that I can suggest but it all depends on whereabouts you are in the state, or are prepared to travel to.
    All of this is so true.
  6. Like
    mindthegap got a reaction from Spmaria in Want to get my Danish girlfriend into the US, completely lost   
    DCF requires that you have been living together in the foreign country with your spouse, so at the present time that is out for you.
    Realistically, you have two options :
    1) Get married (can be anywhere), you move to Denmark and live together, then file DCF there and then move to the US.
    2) Go through the K-1 visa process which you can do as you have met in person. She can still visit under the VWP while this is being processed, but can probably except extra scrutiny at her POE.
    Both of the above will ultimately cost you several thousand dollars in filing fees, but can generally be done without an attorney. You also need to be aware the I-864 requirements re: income as the sponsor, which will apply to both of these methods, but may mean the K-1 is the only realistic option for you - giving up your work to move to Denmark may make meeting the I-864 threshold difficult!
    What the attorney is suggesting is that she comes to the US on the VWP, stays for three months, during which time you get married, and then she adjusts status to LPR from within the US as a spouse of a US citizen.
    If someone overstays, or somehow spontaneously decides to marry while in the US and then adjust on the basis of marriage, it is viewed very differently than planning to do so upfront. It is all to do with the visitors intent at the time of entry under the VWP.
    It can be done, but is definitely not guaranteed, and it is the intent in advance to do this in your case makes it fraudulent.
    If you really want to roll the dice and take your chances, that is up to you, but for an attorney to be suggesting something that is fraudulent....well, I leave you to draw your own conclusions as to their standards.
  7. Like
    mindthegap got a reaction from Unidentified in Want to get my Danish girlfriend into the US, completely lost   
    DCF requires that you have been living together in the foreign country with your spouse, so at the present time that is out for you.
    Realistically, you have two options :
    1) Get married (can be anywhere), you move to Denmark and live together, then file DCF there and then move to the US.
    2) Go through the K-1 visa process which you can do as you have met in person. She can still visit under the VWP while this is being processed, but can probably except extra scrutiny at her POE.
    Both of the above will ultimately cost you several thousand dollars in filing fees, but can generally be done without an attorney. You also need to be aware the I-864 requirements re: income as the sponsor, which will apply to both of these methods, but may mean the K-1 is the only realistic option for you - giving up your work to move to Denmark may make meeting the I-864 threshold difficult!
    What the attorney is suggesting is that she comes to the US on the VWP, stays for three months, during which time you get married, and then she adjusts status to LPR from within the US as a spouse of a US citizen.
    If someone overstays, or somehow spontaneously decides to marry while in the US and then adjust on the basis of marriage, it is viewed very differently than planning to do so upfront. It is all to do with the visitors intent at the time of entry under the VWP.
    It can be done, but is definitely not guaranteed, and it is the intent in advance to do this in your case makes it fraudulent.
    If you really want to roll the dice and take your chances, that is up to you, but for an attorney to be suggesting something that is fraudulent....well, I leave you to draw your own conclusions as to their standards.
  8. Like
    mindthegap got a reaction from alexandaaron in Want to get my Danish girlfriend into the US, completely lost   
    DCF requires that you have been living together in the foreign country with your spouse, so at the present time that is out for you.
    Realistically, you have two options :
    1) Get married (can be anywhere), you move to Denmark and live together, then file DCF there and then move to the US.
    2) Go through the K-1 visa process which you can do as you have met in person. She can still visit under the VWP while this is being processed, but can probably except extra scrutiny at her POE.
    Both of the above will ultimately cost you several thousand dollars in filing fees, but can generally be done without an attorney. You also need to be aware the I-864 requirements re: income as the sponsor, which will apply to both of these methods, but may mean the K-1 is the only realistic option for you - giving up your work to move to Denmark may make meeting the I-864 threshold difficult!
    What the attorney is suggesting is that she comes to the US on the VWP, stays for three months, during which time you get married, and then she adjusts status to LPR from within the US as a spouse of a US citizen.
    If someone overstays, or somehow spontaneously decides to marry while in the US and then adjust on the basis of marriage, it is viewed very differently than planning to do so upfront. It is all to do with the visitors intent at the time of entry under the VWP.
    It can be done, but is definitely not guaranteed, and it is the intent in advance to do this in your case makes it fraudulent.
    If you really want to roll the dice and take your chances, that is up to you, but for an attorney to be suggesting something that is fraudulent....well, I leave you to draw your own conclusions as to their standards.
  9. Like
    mindthegap got a reaction from alexandaaron in POLICE CERTIFICATE ........... NO LIVE TRACE ??????   
    Do you really want to take their word for it and run the risk?
    If you were a minor that is good, but they still may ask to see it as you are declaring a past criminal history.
    Just click here http://www.acro.police.uk/subject_access.aspx and scroll to the bottom for the relevant force- making sure you are filling in the form for subject access from the PNC, not from local systems (my local force had two different forms.)
    If it is on the PNC it will show up on the report - even down to the serial number of your DNA sample if you had one taken.
    For the sake of £10 & a stamp it could save you an awful lot of hassle and a denial pending more documentation
    I speak from experience!
  10. Like
    mindthegap got a reaction from sarah86 in ROC FILING TODAY, THOUGHTS ON MY LIST..   
    You are fine to send to the regular Vermont address via UPS.
    (I sent mine fedex next day so I speak from first hand experience)
  11. Like
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    mindthegap got a reaction from Kevin and Tuyen in CR-1/IR-1 $165 - Additional 'Immigrant Fee'   
    Look carefully at the link on the letter that you have followed - its dated 2010, so is out of date.
    Visa fees were revised last year : http://www.usembassy.org.uk/visaservices/?p=2846
    CR-1/IR-1 fee is $230 (lowered from $404) and remains so - just the addition of this $165 as of feb 1st, which is not payable at the embassy but paid online after receipt of passport/visa.
  13. Like
    mindthegap got a reaction from Blueberry Pancake in Anyone from Sweden here? Marriage Certificate question, help!   
    Good luck dealing with Skatteverket.
    My wife is triple nationality, one of which is swedish. Even changing her name and getting her new swedish passport was a mission, and took some time to sort- compounded by them making mistakes several times.
    In person they can be helpful, but by email, phone or mail they are a nitemare to deal with.
    A registerutdrag is an extract from the swedish register - fine for internal swedish purposes, but as you have found, it is than useless for another countries procedures.
    You need to request a Personbevis that lists both spouses names, and then that needs to be certified and apostille stamped by a notary public (notarius publicus) in sweden.
  14. Like
    mindthegap got a reaction from Nich-Nick in London 2012- K1s from NOA2 to interview thread   
    The London Embassy site is full of errors, inaccuracies and in some cases total lies, so don't take it as gospel.
    No trace= fine. No history, so no more questions will be asked.
    No live trace= something in the past, which has been stepped down as per UK law. If you show as 'no live trace', I strongly suggest you pay £10 for a subject access report well in advance of the interview. This will detail everything (right down to the serial # of your DNA sample and fingerprints), and is what they will more than likely ask you for at the interview - it may delay things if you don't have it.
  15. Like
    mindthegap got a reaction from Nich-Nick in London interview - relationship evidence   
    Total overkill and almost certainly London will not care or ask to see any of it for a CR-1.
    We had been married just a few months and it wasn't mentioned at any point. If they wanted relationship evidence from you they would have given an RFE while doing the I-130.
    Keep all that stuff for a couple of years time when removing conditions from CR-1 to IR-1.
    regarding domicile, if the US citizen has maintained US bank accounts, credit cards, drivers licence, voted, etc, you can put on the I-864 place of domicile USA and you need very little additional paperwork apart from tax returns- especially if it was a temporary overseas assignment. That letter, tax returns, and the I-864 will probably be all they ask to see.
    Relax- the interview is the easiest bit and a total anti-climax.
  16. Like
    mindthegap got a reaction from Nich-Nick in No live trace   
    Subject access report - http://www.acro.police.uk/subject_access.aspx
  17. Like
    mindthegap got a reaction from ZC117 in POLICE CERTIFICATE ........... NO LIVE TRACE ??????   
    Do you really want to take their word for it and run the risk?
    If you were a minor that is good, but they still may ask to see it as you are declaring a past criminal history.
    Just click here http://www.acro.police.uk/subject_access.aspx and scroll to the bottom for the relevant force- making sure you are filling in the form for subject access from the PNC, not from local systems (my local force had two different forms.)
    If it is on the PNC it will show up on the report - even down to the serial number of your DNA sample if you had one taken.
    For the sake of £10 & a stamp it could save you an awful lot of hassle and a denial pending more documentation
    I speak from experience!
  18. Like
    mindthegap got a reaction from speedwell in POLICE CERTIFICATE ........... NO LIVE TRACE ??????   
    Do you really want to take their word for it and run the risk?
    If you were a minor that is good, but they still may ask to see it as you are declaring a past criminal history.
    Just click here http://www.acro.police.uk/subject_access.aspx and scroll to the bottom for the relevant force- making sure you are filling in the form for subject access from the PNC, not from local systems (my local force had two different forms.)
    If it is on the PNC it will show up on the report - even down to the serial number of your DNA sample if you had one taken.
    For the sake of £10 & a stamp it could save you an awful lot of hassle and a denial pending more documentation
    I speak from experience!
  19. Like
    mindthegap got a reaction from Nich-Nick in Husband taking wifes family name, any issues ?....   
    100% yes you will do - make sure the new one reflects both new and old names IN FULL- mine didn't reflect my old name 100% correctly and it very nearly delayed my visa pending me obtaining another police cert, despite the name change having been only a few months prior. Thankfully I also had my subject access report with me at the embassy interview, which showed the correct current and former names, which was sufficient to get the visa approved and issued with no delays.
    In our case, we made sure that both of our names and passports were changed before we even started the process and submitted the i-130 (we both changed our names to an entirely new one we created). The consular officer interviewing me at the london embassy was more concerned that I may have changed my name to evade some sort of hidden past!
    Get your passport done first before anything else - I would strongly recommend making a premium same day appointment for passport so they can see you face to face and of course it is much quicker. Once the passport is done, you can order a new UK drivers license online with the photo and details taken from your new passport- this will take a couple of days to arrive.
    Once those two are done everything else (banks and any financial institution etc) is easy when showing passport, license & proof of name change via your marriage certificate. Most places are used to it from the traditional wife name change so it is an established process- you being a guy doesn't really come into it.
    Dont forget that you will also have your old uk passport returned to you (cancelled) as proof of your former name if needed. You don't need to do anything regarding your birth certificate- the important thing is that you have the paper trail documenting the change.
  20. Like
    mindthegap got a reaction from elmcitymaven in ESTA CIMT non-declaration and future impacts   
    There is a form of 'grading' involved...I shall explain.
    You will see in the statute a breakdown of sentencing, one will be for conviction upon indictment (crown court), and the other will be summary conviction (magistrates court).
    You are correct that for theft, the maximum sentence when convicted on indictment (crown court) is higher - it is for all offences as it is more serious in crown court.
    However, what is relevant here is the maximum sentence upon summary conviction (magistrates court which would normally be applicable for a first offence), which in the case of theft is 6 months.
    As a perfect example of this for comparison, the offence I was arrested & cautioned for carries a maximum sentence of 6 months upon summary conviction (magistrates court), but a maximum sentence of five years when convicted on indictment (crown court), so I speak from direct experience here.
    I am confident that you are in the clear.
  21. Like
    mindthegap got a reaction from elmcitymaven in ESTA CIMT non-declaration and future impacts   
    A caution does not exist in the us, but does in the uk- basically a formal warning designed for first/lesser offences to avoid court. It requires an admittance of the offence, is recorded as a criminal record but is NOT a conviction, but WILL show up on the uk ACRO police certificate.
    I have one single caution from 13yrs ago- it showed as no live trace on my police certificate issued in september 2012, so expect it to show up. Even if it didnt, lying and concealing it would be inadvisable and could have really serious consequences in the future if it were ever to come to light. The London embassy is used to the concept of cautions and dealing with them with regards to visas.
    In my case, it was not a crime classed as moral turpitude,and was a minor offemce (the same offence is classed as a misdemeanor in the US) so no extra hassle or delays.
    Also apply to the force involved for a Subject Access Report- the cost of this is £10 and it will detail everything, right down to the serial number of your dna sample and fingerprints.
    What is the exact offence you were arrested/cautioned for?
    If the max sentence for that offence is 1 year or less, and that was your only indiscretion with the law, you should be fine as you are not classed as inadmissable (INA 212 exceptions to part (2)) and you would not require a waiver on criminal grounds.
    I believe a summary conviction for theft carries a max sentence of 6 months, so you may in fact, be in the clear and be worrying over nothing.
    I am not a lawyer- i just looked into this in great detail when i first went to the US and was thankful that i never needed to obtain a visa and could travel legally under the VWP despite my arrest and caution. Had i blindly followed the embassy advice (as many do) with regards to arrests etc instead of looking at actual legal bumph, it would have been an unnecessary hassle.
    As always, the devil is in the detail.
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