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MedRoni

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  1. Like
    MedRoni reacted to Teddy B in Visa Waiver and me being an idiot :/   
    Yes, for the overstay. Put yourself in their shoes. You've already abused one visa, why should you be trusted with another one?
  2. Like
    MedRoni reacted to NigeriaorBust in Visa Waiver and me being an idiot :/   
    How was in Nov deciding to stay for the holodays not intentional ? Had you left then you would have been fine. There was nothing stopping you from leaving other than your desire to be in the US longer
  3. Like
    MedRoni reacted to VanessaTony in Visa Waiver and me being an idiot :/   
    They don't give you anything. They don't assess the overstay the second you leave, it's something you know, or something you'll find out when you try and enter again. You are already flagged as a VWP abuser, have no doubt about that.
    Those people telling you this are doing you a disservice and have no idea how US immigration works. They WOULD do exactly everything that "everyone" keeps saying they won't.
    They won't let the baby starve of course, but don't think they'll let you enter JUST because you have a baby. In fact, they'll probably ask if you have someone else that can take the baby, and when you say your husband is a USC, they'll be all over that and just send you back unless you think you can take the baby, safely, back.
    You already HAVE overstayed. Your word means nothing now. You are a VWP abuser, and have no regard for US immigration laws. You are, to them, no better than a criminal and could be treated as such. You said you came in August, that your VWP expired in Nov, and you left in May. You also said less than 180 days of overstay. Without exactly dates I'm going to assume you're pretty darn close to 180 days, though honestly it doesn't really matter.
    You have already abused the VWP and shown disdain for US immigration laws in deciding you'll "just overstay a little bit". The 180 days only matters in that more than 180 days = ban BUT less than still means you overstayed and still makes you ineligible to use the VWP.
    The child is a USC, the child will not be turned away. You could be. Your child could still enter with your husband as they're both USCs.
    Honestly, it is highly likey that you will be denied entry, detained until there's a flight back to the UK (or other European country as your passport permits entry there - they do not need to return you to your home country, just somewhere you're legal to go) and shipped right back. Your husband has no rights to be with you while you're detained and interrogated. He is a USC and will be let through.
    You need a visitor visa, not the VWP.
    I'm not trying to be mean, I'm trying to get you to see, the things you fear, are highly likely to occur. This is very very serious. US immigration aren't nice about things like this. In my personal opinion, your husband should take your child to visit your parents, you should remain in the UK. OR postpone the trip until you have applied for the visitor visa. Though you can still be denied entry on the visitor visa, you will have addressed the overstay at the interview for it, which should remove it as a risk.
  4. Like
    MedRoni reacted to NigeriaorBust in Visa Waiver and me being an idiot :/   
    One of the requirements of using the VWP is that you have compled with the conditions of the program if you have used it before. By staying more than 90 days you are not able to use the VWP and need a visa to enter the US. Having overstayed less than 180 days you aren't subject to an automatic ban but you will not likely be given a visitors visa in the near future. IF you fly you will probaby be turned away by immigration and have to pay for your own return tickets. You may slip though but it is unlikely. Your fingerprints will tie you to your previous overstay. I don't see how you got approved if you correctly answered all the questions. If you lied then you will be hit with a material misrepresentation and permanently barred from the US
  5. Like
    MedRoni reacted to ppihtr123 in Can't get a passport to meet fiancee   
    Start by paying off the amount owed. You owe it! By the quick math, you are about 4 years behind if you were ordered to pay 1200/month. Not much excuse there especially if you did not report your job loss to the agency to be re-evaluated if not for actual then at least earning potential while being classified as disabled. As for whistleblowing, your job was protected under federal law against retaliatory termination so ether you quit or were terminated for cause.
    Next interest....at 6% simple interest, no one can call it robbery
    Per: https://www.oag.state.tx.us/cs/attorneys/crimnonsup/crimnonsuphb_ch11.shtml#ch11_set
    Paying Support
    When Support is Due
    Child support is set as a monthly amount, due and payable as set out in the court order. Child support is considered delinquent if it is not received by the 31st day after the payment date stated in the order. §157.266. Interest accrues at a rate of six percent simple interest from the date of delinquency until the date of payment. §157.265. In practice, a payment is considered “late” if it is not received during the month in which it is due.
    The Obligation
    Parents are responsible for the support of their children, and a court may order either or both parents to pay support. [TFC § 154.001]. Child support is not a “debt”. Ex parte Davis, 101 Tex. 607 (1908). This support continues until the child dies, is emancipated, reaches 18, graduates from high school, or if the child is disabled, indefinitely. [TFC §§§ 154.001, 154.002, 154.006]. If neither parent has possession of the child, the court may order that both parents pay support to the non-parent with the child. [TFC §§ 154.001(b), 154.001©] The parties can agree to an amount of child support, which the court will confirm if it is in the best interest of the child. Such an agreement is not enforceable as a contract. [TFC § 154.124].
    Current payment should be 0 unless the Children are disabled (as ordered by court) or it was written into the decree to provide through college or some such.
    The reason no passport is available is because many just move overseas to avoid their court ordered obligation.
    Bottom line...pay then you can get on with your life.
  6. Like
    MedRoni got a reaction from Rebecca Jo in Can't get a passport to meet fiancee   
    If you cannot get a passport because you are behind on child support you may want to think about a longer term plan for meeting your fiance. The flight/trip costs for you will be one nice chunk of change, then immigration process is another... and you will need to meet the financial support requirements. It could be difficult for her to get a visitor visa here, so maybe Skype and call for now... while looking into all the necessary requirements and steps to bring her over while working on getting the passport.
    I wish you the best of luck... one step at a time~!
  7. Like
    MedRoni reacted to brightskte in Quick leave after marriage   
    What you are doing makes absolutely zero sense. None.
    You don't want to live in the U.S. and really just want to use the visa as a way for her to travel here, correct? Even if she gets her AP and whatnot you still have to file for permanent residency. Which, common sense will tell us, means that she is going to reside in the U.S. permanently. She can't live in China and make short trips here while keeping her residency status, as being a PR means that you spend MORE time in the U.S than out of it. Same deal with the spousal visa. When that's granted she will be a PR, but she wont be able to keep it if she isn't meeting the residency requirement. Which, by the way, she wont be if you intend to only visit the U.S for a month every year or two. Advance Parole is contingent upon you applying for her PR card anyway, so once that would be granted her AP wont be valid because she wouldn't need it anymore. And then once she stops meeting the residency requirements the same will happen with her PR.
    Honestly, it's like you didn't even halfway read the requirements for these visas and just decided to throw a bunch of money away.
  8. Like
    MedRoni reacted to Inky in Quick leave after marriage   
    No, if she leaves everything is canceled due to abandonment.
    There is no reason for you to get a green card. The green card is for living in the USA. You do not intend to live in the USA. It would be a waste of your time and money. The green card is not a travel document. She cannot hold onto it and use it for only traveling to the US on vacation.
  9. Like
    MedRoni got a reaction from Ivie & Eguagie in Can't get a passport to meet fiancee   
    If you cannot get a passport because you are behind on child support you may want to think about a longer term plan for meeting your fiance. The flight/trip costs for you will be one nice chunk of change, then immigration process is another... and you will need to meet the financial support requirements. It could be difficult for her to get a visitor visa here, so maybe Skype and call for now... while looking into all the necessary requirements and steps to bring her over while working on getting the passport.
    I wish you the best of luck... one step at a time~!
  10. Like
    MedRoni got a reaction from canada_socks in Can't get a passport to meet fiancee   
    If you cannot get a passport because you are behind on child support you may want to think about a longer term plan for meeting your fiance. The flight/trip costs for you will be one nice chunk of change, then immigration process is another... and you will need to meet the financial support requirements. It could be difficult for her to get a visitor visa here, so maybe Skype and call for now... while looking into all the necessary requirements and steps to bring her over while working on getting the passport.
    I wish you the best of luck... one step at a time~!
  11. Like
    MedRoni got a reaction from del-2-5-2014 in Can't get a passport to meet fiancee   
    If you cannot get a passport because you are behind on child support you may want to think about a longer term plan for meeting your fiance. The flight/trip costs for you will be one nice chunk of change, then immigration process is another... and you will need to meet the financial support requirements. It could be difficult for her to get a visitor visa here, so maybe Skype and call for now... while looking into all the necessary requirements and steps to bring her over while working on getting the passport.
    I wish you the best of luck... one step at a time~!
  12. Like
    MedRoni reacted to 2far in Can't get a passport to meet fiancee   
    One of the requirements of the I-129F Fiance visa is that you MUST meet in person within the 2 year period prior to filing. There are not many valid reason accepted to forego this requirement. You can find the requirements of filing on the I-129F instructions here: http://www.uscis.gov/files/form/i-129finstr.pdf
    Look on page 4 "Who May File Form I-129F" for the valid reasons of not meeting.
    I am not very familiar with the way things work in the Philippines, but I have heard that her getting a tourist visa to come to the US to meet you could potentially be very difficult. I'm sure others from the Philippines will provide you with more information on this.
    I would assume that in your situation the best way to meet the qualifications for filing the I-129F would be to catch up on your child support payments, get a passport, and travel to meet your fiance.
    You may also want to research the financial implications of filing an I-129F. This is not an inexpensive process.
  13. Like
    MedRoni got a reaction from LilyR in Will significant age difference pose a problem in interview date? Please help!   
    As someone mentioned before, your red flags keep increasing the more often you post... think about it from a CO point of view:
    No pictures - "because I don't like having my picture taken"
    No emails - " I deleted them all, I didn't think about them being important. My husband deleted them all too"
    No phone records - "He uses a calling card so no records"
    No hotel receipts, or any receipts of doing things together - "He stays with me and we just didn't think to keep receipts"
    Etc.... the excuses will most sound fishy.
    With the almost 50 year age gap you will most likely have a huge uphill battle. The only suggestion I can think of at this point is, since he is retired have him visit now, and stay through the interview. If they allow him in the embassy - take him with you! If they do not allow him in at least you will have had a few more months face to face, hopefully some pictures with the family by then, etc. At this point every bit will help.
    Best of luck!
  14. Like
    MedRoni reacted to Shoot Em Straight in Will significant age difference pose a problem in interview date? Please help!   
    Without your timeline filled in it is hard to expect when your interview will be... but I am so curious of your outcome.
    Your red flags are mounting each time you post... Putting aside the almost 50 year age difference...I honestly ask with concern, What evidence DO you have of a bona fide relationship?
  15. Like
    MedRoni reacted to islandgal in Will significant age difference pose a problem in interview date? Please help!   
    Yes it will. A 47 year age gap is a BIG red flag. SUPER BIG, even for Jamaica. Like others have said, make sure you have your ducks in a row to help overcome that.
  16. Like
    MedRoni reacted to 2far in Will significant age difference pose a problem in interview date? Please help!   
    I don't personally have experience with this, so please only take my comments as the opinion of a complete outsider.
    I personally think that both the large age gap and the lack of photots are potentially big red flags.
    I've heard people on this site often suggest that if you have a red flag, such as a large age gap, then you should provide extra proof to show a bonafide marriage, such as a lot of photos.
    It's good that he has traveled to see you so many times, but without the photographic evidence of the two of you together, all you can really prove is that he traveled to your country.
    Perhaps you have other types of evidence to convince the CO of bonafide marriage without the pictures?
  17. Like
    MedRoni reacted to khwaidee1 in Denied!!!   
    This process does try one's patience but, so does marriage from time to time.I hope things work out for you but, maybe it's better you found out this quality, or lack thereof, before you were with him in the U.S.
  18. Like
    MedRoni reacted to Robb&Ann in Anything and everything.   
    This 'geezer' decided to ask an attorney friend about this for you.
    In his opinion
    "The petition would probably be invalid even if the marriage is valid because a minor would not be able to be held to the conditions of the I-134 affidavit of support. Under federal law and various state laws a contract with a minor is not enforceable. Someone who has not yet reached the age of majority cannot sign a legally binding contract, some exceptions are made in the cases where legal emancipation has been processed through the court. This is because a minor can disaffirm a contract made, no matter the case. The I-134 is a binding legal contract between the federal government and the petitioner with conditions, rights and responsibilities. When a contact is disaffirmed the entire contract must be disaffirmed. in this case it would require reversal of the entire immigration process without condition or penalty, which is also not permissible under federal law."
    "Simply put, no, it wouldn't be allowed."
    You’re welcome for me doing the leg work for you.
  19. Like
    MedRoni reacted to christeen in Anything and everything.   
    Then I would suggest that you consult with a lawyer who can assist you with filling out the proper forms. I stand by saying that reading the guides and re-read them again. But the DIY process is not for everyone and perhaps you would be better served with a qualified immigration lawyer as there are not too many of us "geezers" who went through this process as minors.
  20. Like
    MedRoni reacted to Robb&Ann in Anything and everything.   
    Just some observations about the CR-1/K1 process.
    The visa process can be seen as sort of a trial by fire.
    Consider this.
    If you are impatient… you should reconsider.
    If you are easily upset or angered… you should reconsider.
    If you have money problems… you should reconsider.
    If you have difficulties understanding legal documents… you should reconsider.
    Be aware of this.
    Expect the process to take a long time.
    Expect to be tested mentally and emotionally.
    Expect to pay repeated fees, travel expenses, as well as being able to support both yourself and the beneficiary for a long time even after they are here.
    Expect to be judged and scrutinized based on how you look on paper and in person.
    The view of USCIS and the embassy.
    You are guilty of visa fraud. You must now PROVE that you are not guilty and your relationship is real. If it’s real then you will wait as long as USCIS deems reasonable.
    You are guilty, belligerence or arrogance will not be tolerated, and your feelings are a moot subject and do not matter.
    You are responsible for ALL financial matters related to yourself and your beneficiary from now until the end of time. Your ability to support your family WITHOUT the assistance of the beneficiary MUST be proven. You will not be allowed create a potential burden for taxpayers by bringing a person into the county.
    Your age even at 18 will be viewed with suspicion. Your financial ability will be viewed with suspicion. The validity of your relationship will be viewed with suspicion. Your maturity will be viewed with suspicion.
    After all that… The entire process can come down to the OPINION of one person, who you may or may not be allowed to speak with for only a few minutes. Without the time or ability to plead your case.
    This is not a light decision. It will affect the rest of your life. It is expensive, time consuming, and painful. It is intended to be difficult. We choose this path because we have no other choice. We choose this trial of fire rather than losing a part of our soul. Even a man who displays absolute bravado will quietly admit that asking him to live without his wife/spouse/fiancée/asawa is like asking him to live without air.
  21. Like
    MedRoni reacted to Mina90 in Anything and everything.   
    Just following my hunch.
    When two things don't add up, there is always something wrong in the equation. There are far too many GENUINE people who work hard to bring their significant other, family member, relative, or spouse to be with them and fail. It irks me when people want to cheat their way through the system and after being caught, make everyone else suffer for their wrongdoings.
  22. Like
    MedRoni reacted to Darnell in Anything and everything.   
    Aiyo.
    This was your intent all along, and you had your answer with 'which forms' from a USCIS 'operative' back on the 4th of April.
    see the 2nd paragraph, at http://www.visajourney.com/forums/topic/422952-visa-waiver-program/page__view__findpost__p__6121362
    That's it, yer done, have a nice day, and stop pestering people .
  23. Like
    MedRoni reacted to NikLR in Anything and everything.   
    I agree! To get what you want, ask what you're wanting to know. Otherwise you get a lot of extra that you apparently already know.
    Reminds me of a poster...

    My mom had it on the wall. LOL!!!
  24. Like
    MedRoni reacted to christeen in Anything and everything.   
    Oooo a newbie with attitude... Wont get you far here...but keep the fire sista! But if you want specific answers here, Then ask specific questions... Not i want to know anything and everything about cr1 visas...
    Now pulling advice from whence it was stored away from the sun.... specifically to your age issue, I remember a few cases where it was a cultural norm for the country where the spouse is from to legally marry (I believe India was one of them) and you marry in the country where it is legal, the marriage will be recognized (along with proof of family consent which is embassy specific). However, might I suggest you visit the India sub-forum as they might have embassy specific info regarding this... But be specific in your question, might I suggest, 17 years old and want to marry and petition for cr1 ... I had other info, but can't seem to find it where it was tucked away in my nether-regions. Good luck...
  25. Like
    MedRoni reacted to TBoneTX in Calling Each Other Husband and Wife   
    For others (non-UK interviewees) who are reading: This question comes up too often, and there are several threads about it. For I-129F petitioners/K-1 interviewees to refer to themselves as "husband" & "wife" is similar to loading a 6-shooter with 6 bullets, putting the gun to one's head, and firing. Avoid giving anybody -- at USCIS or the consulate/embassy -- any reason to deny the petition or refuse the visa.
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