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Villanelle

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Everything posted by Villanelle

  1. He can complain all he wants. USCIS has a special filing location for such complaints, its called the trash. Unless you actually committed fraud you have nothing to worry about.
  2. I would put the login and or the long string. The idea behind asking for social media handles is so theoretically they can see what you've been posting/commenting online.
  3. It will be up to the Officer reviewing it but you probably won't need a joint sponsor based on what you posted. Where are you in the process? Did you submit the 864 with lower income along with the joint sponsor 864 already? If not I would just plan on submitting your 864 only, no joint sponsor, as your current w2 income is sufficient and if the Officer is not satisfied due to the length of employment (which can happen) you will be able to add a joint sponsor at that point.
  4. YouTube accounts are often automatically generated. Because you are aware of it- list it.
  5. Not anymore. For a brief period of time there was a more complex assessment of public charge, thankfully no longer. But why no health insurance?? Seriously, you kinda need it! Even if you have no current medical issues it can be expensive for just basic care. Have you looked into marketplace plans?
  6. You know many many years ago there was a similar post. The reactions to it was completely different, basically the OP in it had explained his spouse had ended their relationship, suddenly, without warning, and refused to speak with him. He was bombarded with comments about how it 'wasn't right' for him to come. Arguments above 'family unity' and fraud/visa misuse etc. And after much discussion it was established that it didn't matter what the users on VJ felt personally about the topic- it is covered in immigration policy. Once the visa is issued the visa holder is able to use it regardless of any personal issues the couple may have. The visa can be canceled by the petitioner withdrawing prior to the entry trip (where it becomes used). So immigration law says if he is in possession of a valid visa he can use it. Im sorry if you disagree with the advice given but it is the correct advice from a legal standpoint. Whether he should come and fight for his marriage or if it's wise to do such I am going to refrain from commenting as too few details were provided despite repeated attempts by @family for a more complete story as to whats going on between them.
  7. The instructions for the form explain there are various reasons why one would file it. I believe your reason is listed as #5 Who exactly did your husband talk to about this? An attorney? Their secretary? Whomever it was they don't know what they are talking about and he should find reputable assistance elsewhere. He can also file it himself.
  8. And again your dad can get in significant trouble for misusing his pandemic funds! I understand it can be hard to 'not use' a cash balance just sitting in an account but when one accepts the funds it comes with strings.
  9. I would suggest finding a different joint sponsor. I don't know if the folks at NVC would be familiar with the description of the transaction- its distinctively recognizable as 'treasury'. I believe those funds were provided for specific purposes- providing support to an immigrant was not one of them. Father can risk getting in trouble for doing so. I mean I've seen lots of articles about people getting snabbed for using their pandemic funds improperly- cars and vacations etc. I really don't know though. Perhaps @pushbrk has more specific information on the topic of pandemic funds/loans for 864 purposes. I would find a different sponsor though.
  10. Your 864 would show 3. Parent would do a second 864. It would include them(Parent), the immigrant (spouse) and any one else required- you can find info on who to count in the instructions. Basically you count unmarried children under 21 regardless of where they live/custody, any one listed as your dependent on taxes, and any one else you may be supporting regardless of taxes. Most likely your parents 864 would show size 2 as Parent is not married and I assume no one else is to be counted.
  11. Im going to attempt to explain the concepts being discussed here differently since many seem to be struggling as its illogical at face value. An irrational fear or phobia is being afraid of something you shouldn't be. Like traveling to a location that is currently safe. When one applies for asylum because of current threat and the threat is determined to be N/A anymore- well, just because the threat is gone doesn't mean your fear automatically disappears as well. So asylum with current threat- you are processed accordingly. Threat is gone- you are not processed based on the threat but rather on the residual fears you still have. One can claim asylum and include their children regardless if the children are threatened or even afraid. The children can grow up and decide for themselves that they don't share the same 'irrational fears' as the parent, as the location is 'safe'. But the childs POV is the childs. The parents is the parents. They don't have to agree. For the parent to still be approved for asylum when the threat is gone it's because they state they are still unable/unwilling to return. They will be questioned about it. If one truly has an irrational fear no one is going to be able to convince them otherwise. They can ask you a thousand ways and logically explain reasons why you shouldn't be afraid but it makes no difference. Over time irrational fears can subside. The more you observe your fears are unsubstantiated the more likely you are going to be able to move past them. Makes sense? So the OP can be damaging the parents case by showing the parent (not USCIS) that their fears are unwarranted. If the parent has a light bulb ah ha moment observing their childs travels they might not qualify for asylum any more. This is why there are a variety of comments about how the childs actions can indirectly impact the parents case and they need to think carefully about whether or not the vacation is worth it right now.
  12. The few pieces of mail should be sufficient along with driver licenses. It's your choice if you want to do the 864 as household member or separate sponsor. You qualify for either way. Provided its just you, spouse, and your single parent (with no other dependents)- Scenario 1- you do the 864. Size 2. You don't have enough income. Parent files 864 as well. Household size is 2- them and your spouse. They need to show income for 2. Scenario 2- you file 864 and parent does 864a as your household member. Size is now 3. Your income plus parents must cover size 3. For your situation its less income needed for Scenario 1. That's not always the case, it depends on the specifics.
  13. Of course things can improve. Google 'asylum, what if things change/conditions improve etc' You will see it is still possible to claim asylum under humanitarian asylum grounds BUT you still must have 'compelling reasons for being unwilling or unable to return to the country arising out of the severity of the past persecution" or "there is a reasonable possibility that [you] may suffer other serious harm upon removal to that country." (See 8 C.F.R. § 208.13(b)(iii)(A).)' Your 'vacation' shows you are both willing and able to return. What makes it different for your parents? That is the question your parents need to be prepared to answer.
  14. Many Neuroscientists will say the brain does not fully mature until age 25. Thats why a relationship between a 40 yr old and a 65 yr old (25 years) is completely different from a 25 yr age gap between a 20 yr old and a 45yr old. You can say its lifes maturity and experience that makes a difference or I don't know- it could be actual science! I know some people don't believe in science though. The first wife was what 19? Not even old enough to buy alcohol! Why? Because alcohol is considered as a beverage for 'responsible adults ' and a 19yr old isnt. You have to be 25 to rent a car in a lot of places. This is because the insurance companies have figured out what the scientists have been saying is true. Or perhaps they saw the proof in the numbers because that's what matters most to them I guess. But regardless, a reason why interviews are done locally overseas is because regions can have different what is" culturally appropriate here " considerations taken in to account. In the PI it is perfectly acceptable for young girls to marry older stable men. Shouldn't be any issue.
  15. A lot of the reasoning you listed is not really applicable. I mean you can go on and on about these so called strong ties but honestly as strong as they are- you have already made a decision to sever them and come to the US once it's approved. So I would recommend shifting the focus from 'I wouldn't couldn't break these ties and simply stay' because they are so strong and important (themselves) to more of a 'my current plan which is for the k, has been so well thought out and planned that I would never randomly change it if I was given the visa and entered the US. I have so many important ties still and they are serious work, family, financial matters that I simply can't handle from afar.' Show you are doing it the right way and hopefully you are approved as you should be in a perfect system.
  16. The 130 NOA is not the NOA your spouse will need, its the 485 NOA. The 130 is the underlying petition. It establishes a qualifying relationship. The 485 is the form to request a GC, which requires you show you qualify. Technically you can file the 130 and never move forward with getting a GC. But you can't get a spousal visa/greencard w/o the 130 (or other underlying form). You are allowed to file the 130 and 485 concurrently which means they will be processed simultaneously. There is no advantage to filing separately that I can think of... As a citizen there is no priority date to be concerned about and I believe mailing one large package is generally cheaper than mailing multiple smaller ones.
  17. https://www.njcourts.gov/courts/superior/divorce.html?lang=eng Have you seen the information in the above link? It seems your case is no longer at the local court but has probably been sent to RIC in Trenton. Have you contacted them? What did the local court suggest or advise you to do?
  18. Many medications are sold over the counter outside the US but require prescriptions in the US. I am shocked that Januvia/metformin is one of them! Never would have guessed it! I also can't believe the huge price difference. It really demonstrates the issues in the US with medication pricing. Have you seen the thread here titled health insurance for parents over 65? I forget who the OP was for it but they did a lot of research into the issue and its not as hopeless as it seems at first glance.
  19. Adding on to this- not just any random Dr can complete the medical. They have to be a civil surgeon which requires specific certification(s) and must follow the guidelines in the technical instructions including record keeping and privacy guidelines. I would suggest to the OP to research a bit further, starting with the Ombudsman website. The Ombudsman office handles complaints and issues with policies and would be the ones to complain to if one wanted to complain. There are periodic reports issued (I think every quarter) and advocacy groups that submit issues. Perhaps reach out to one of them? But honestly as others have said there is only so much one can do to protect their personal information. Most government agencies and corporations handle sensitive data with care and yeah of course privacy experts would say it could be better but its currently at what is considered acceptable. You can look into private companies who sell extra protection services, lifelock is a company that comes to mind. I don't have any specific knowledge about them and are not recommending you use them.
  20. @ZRomper Thank you for clarifying. Sadly though I do agree with jan22. But I don't think you should totally abandon your pursuit of the expedite IF your situation is still eligible based on itself and not simply 'their error'. I would use the congressman to submit another expedite keeping in mind the explanation jan provided you about how it appears the error was in the processing of the expedite and not the 130 itself. I would argue that their error in telling you it was approved and to wait did cause you delay because if you were told denied upon submission you would have submitted a follow up second request containing additional info etc etc, and here it is now. So they should 'expedite' your expedite now and approve it on its merits.
  21. I think you are confusing agencies. At the top of VJ are links to guides. As you can see they are specific to whether or not you are in the US. This is because while the immigration process is the same overall, its also different. DHS is the big umbrella that covers immigration. USCIS handles things in the US. DOS does things outside the US. When applying for an expedite for the CR/IR visa you need to apply for an expedite with USCIS for the 130 form. Once the 130 is approved you can then file an expedite with DOS/local consulate for the next phase of the process if needed. Sounds like you submitted an expedite. So can you clarify who/what/where of it. Because you said you got a response from DHS which I am assuming was specifically DOS right? Saying basically we can't move forward with expediting phase 2 until phase 1 was shown as completed so please wait for such right? The question is what error do you think USCIS made. Keep in mind USCIS is not the same as DOS. Sounds like DOS made an error in telling you what they did. USCIS can't expedite based on DOS error. DOS can expedite their part. But again this is a two part process. Does that all make sense?
  22. Are you sure your parents got a certificate for you? When one naturalizes and is able to include their children as you described above- the certificate is not automatically issued. Nor is the passport. To obtain a certificate you or your parents would have needed to file the n600. Its currently apx 600$ or so. Not sure how much it would have cost back then but it was always expensive (significantly more than a passport) and involves sending various supporting paperwork and takes a decent amount of time to get back. The certificate is similar to your birth certificate in the way its stressed to you that it is super important and should be kept with secure documents as its a 'one of a kind' document like your birth certificate or marriage certificate would be. Obtaining the n600 certificate is optional. Majority of people only opt to get the passport as its easier and cheaper. Both establish citizenship proof however the certificate is needed (and only the certificate) as the passport isn't enough in very limited scenarios such as specific jobs with security clearances. Please double check with your parents that they actually did file for the certificate. Its very odd for someone to do so and then simply misplace it. Perhaps show them a picture of what the certificate would look like and explain the process and cost of it to be sure they actually did this because they may have just obtained passports for you all and theres nothing wrong with that, as I said you don't necessarily need the certificate in life except in very narrow circumstances which this is not. They may be thinking of other paperwork you are given when naturalizing that has been since misplaced. Some of it might have referred to you being a derivative on their naturalization but papers like that are irrelevant. There also is a section on the forms where you can enter additional explanations for whatever question number you may need to attach an explanation for.
  23. https://www.uscis.gov/forms/all-forms/petition-filing-and-processing-procedures-for-form-i-140-immigrant-petition-for-alien-workers Have you seen the above? It discusses various aspects regarding portability and SII.
  24. https://immigrantsrising.org/resource/working-for-yourself-guide/ This is a link for a pdf geared towards DACA individuals explaining the general distinctions between 'employees' and 'self employed' Honestly you are probably better off remaining a W2 employee. In addition to the 864 income concerns, you do realize you need to establish domicile. Were you planning on maintaining your US address? Also for the 864 as a self employed individual you need to show 1 year min of tax returns showing such self employed income over the guidelines. Will you be able to present so and when? 864 is for CR. 134 is for K and later 864 for AOS. Check out the guides at the top of VJ.
  25. @Mobius1 Glad to hear you spoke with different attorneys and they left you with a positive sentiment overall. Personally I don't think your concerns are funny. I mean we see people post all kinds of concerns, some can be called silly- but you have valid concerns. Are you prepared for the 'scrutiny' at the interview? Which is not guaranteed to even occur but it's better to be prepared right? I would be discussing that with the attorneys rather than the n400 having issues. Early in the thread I asked you various questions which went unanswered about address change and how a variety of evidences sent for joint ROC might not have been still valid/intact. This wasnt me simply being nosy. Did you change your address? If no why not? If yes, that could be viewed as you 'notifying' them you no longer lived in the joint marital home. You mentioned a child right? Did you separate the joint accounts prior to the divorce? Did you pay child support when the divorce was first filed or was it only once the decree ordered it? You also realize that because you filed a joint and never switched that USCIS can reach out to your spouse? Not sure how amicable the separation was as part of the advice you posted an attorney previously gave said something about filing a FOIA to see if soon to be ex said anything. Did you ever file the FOIA? They will know if you did. They will know about the addresses. They are going to have a variety of documents you provided which they will use to ask you questions. They typically like to look at DL or bank/employment records and use them as circumstantial framing if that makes sense. Oh so you separated from your spouse in Feb but your DL says you moved out in dec how do you explain such? I am going to assume your divorce was based on some kind of mutual differences and does not have any mention of fraud or abuse in it right? Adultery? Did you file or did your ex? Does it matter? Yes and no. Some of the things they ask don't matter. Its a fishing expedition so to speak. The goal of your attorney should be to help prepare you to not get tangled in the fishing line and be able to point out they are not catching anything and to move on fishing elsewhere with a new 'contestant' as theres nothing to see here. You also do not want to damage your GMC (needed for the n400) with answers to questions that would have never been asked except for the circumstances. I think a lot of this is going to come down to general mood of whomever is interviewing you and then attorney competence. I would suggest bringing a notebook and promptly writing down everything you can remember being said immediately afterwards regardless if you feel it went well or not. Many people have walked out with a false optimistic outlook because that's also an interview technique to avoid face to face confrontation they use.
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