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Kastrs

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  1. Like
    Kastrs reacted to SalishSea in K1 Visa 129-F Denial -- Next Steps?   
    I disagree.  The person in question chose "married" for marital status on the B-visa app.  That was incorrect, and the USCIS has rightly requested evidence that the "marriage" claimed by the applicant was legally terminated.  
     
    This whole situation is a reminder that any info provided on any US visa or immigration application stays with the applicant.....
  2. Like
    Kastrs reacted to SalishSea in K1 Visa 129-F Denial -- Next Steps?   
    Unfortunately, "Single Status Certificate" in no way "proves" that someone is unmarried.  It only serves as evidence that someone did not legally marry in that jurisdiction.  You could get married on a remote beach in Thailand, and still get a Mexican "Single Status Certificate."  The main issue here is the incongruence between the lie on the previous B visa application, and the inability to show a divorce decree.
  3. Like
    Kastrs reacted to geowrian in K1 Visa 129-F Denial -- Next Steps?   
    Wait for the letter to know for sure why it was denied / why they didn't accept the evidence provided.
     
    A Single Status Certificate is often useless after somebody has claimed on official forms to be married. The reason is you are trying to prove a negative. A Single Status Certificate does not prove that one is actually single - just that there is no record of a marriage by that issuing authority.
    For instance, until my wife and I went through the Report Of Marriage process for the Philippines, she could receive a Certificate of No Marriage (CENOMAR) just fine in her home country. The certificate would not mean she is actually single (she was clearly married to me), just that there was no record of it in the Philippines.
     
    Overcoming that previous visa application marital status is going to be very difficult. I honestly am not sure how to do it - again, it's trying to prove a negative. Others have had the issue but we typically do not hear back from them on this website to see how things turned out.
    I hope things work out. Best wishes.
     
    Edit: One of the reasons the US is so strict on this is because people lie about their marital status in attempts to obtain a tourist visa. They believe stating that they are married is a strong tie to return home and therefore less likely to be denied under 214(b). So it could means admitting to a misrepresentation (which carries a permanent bar with it, if deemed material).
  4. Like
    Kastrs reacted to geowrian in K1 visa- automatically entitled to work?   
    Red flag 1: He doesn't know that K-1 is not authorized to work without an EAD. This is clearly stated in official sources.
    Red flag 2: He's looking at the SSA to determine work eligibility, not anything within the INA, AFM, USCIS policy manual, a CFR, or any official source for immigration information.
    Red flag 3: He "made a discovery"...? Is this his first K-1 ever? Did he not look into work eligibility at any point previously? Why is this suddenly being discovered now? There are several tens of thousands of K-1 visas issued annually and has been that way for decades.
  5. Like
    Kastrs reacted to DaveAndAnastasia in K1 visa- automatically entitled to work?   
    A K-1 holder is a 'legal alien allowed to work' for the SSA's purposes, because you are technically allowed to apply for employment authorization in the 90 days. However, since it actually takes longer than 90 days to process an employment authorization these days, in practice you can't work on the K-1.
     
    You get a work authorization you can actually use in the adjustment of status process, when you can apply for employment authorization for free, and if you get your green card before EAD, that works too.
  6. Like
    Kastrs reacted to yuna628 in K1 visa- automatically entitled to work?   
    K1 visa holder cannot work unless they have an EAD in their hands and an SSN. Entering the US with a K1 grants you the ability to adjust status and file for an EAD after you marry. There is nothing I'm reading in the SSA documents actually that disprove this notion and the lawyer is misinterpreting the rules inappropriately. A person who entered on a K1 is allowed to obtain an SSN from the SSA that legally allows them to work, and that is why they are able to obtain an SSN. HOWEVER, they will not, nor will they ever be able to work with that SSN, UNLESS they file and obtain an EAD. The EAD is the authorization. 
     
    I would frankly, fire the lawyer. They can't even read documents properly.
  7. Like
    Kastrs reacted to aaron2020 in K1 visa- automatically entitled to work?   
    lol
     
    You think we're right, but immediately you insist that you're right.  
     
    lol
    Entitled to work WITH AN EAD.  You are leaving out a very important part.  
  8. Like
    Kastrs reacted to SuznAaron in K1 visa- automatically entitled to work?   
    Sadly your lawyer isnt as competent as you think. Happens more often than not. Just search the site for horror stories.  Most people on here got this far and further without lawyers. Good luck! 
  9. Like
    Kastrs reacted to Boiler in K1 visa- automatically entitled to work?   
    I also question the Lawyer competency as this is pretty basic stuff, is this Lawyer an Immigration Lawyer?
     
    SSN is not work authorisation, it is a Social Security Number, useful as effectively it is used as an identity card in the US. Even if it is not.
     
    Used to be that you could get EAD associated with the K1 as a stamp on arrival or very soon after, could still be useful if you expedite, but might make more sense just to marry file to adjust and expedite EAD associated with that that asap.
     
     
  10. Like
    Kastrs reacted to WandY in K1 visa- automatically entitled to work?   
    Hire a more competent lawyer. The difference between getting married and going the CR-1 route instead of the K-1 is that the CR-1 provides an EAD (ready to work when he/she lands in the U.S.). Not so with the K-1.
  11. Like
    Kastrs reacted to geowrian in N400 - No Selective Service + No Address Change   
    Wait until he is 31. He was responsible for registering and failed to do so. I understand that may not have been the first thing on his mind when immigrating, but it was his responsibility as part of being a permanent resident. Not knowing doesn't change failing to meet his obligations.
     
    Good thing making an account is free.
  12. Like
    Kastrs reacted to Ontarkie in Can the sibling of a US citizen stay out of status in the US while waiting for petition/green card?   
    ~~Thread locked for TOS violation -Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.  Do not restart this thread in any shape or form.~~
  13. Like
    Kastrs reacted to Nat&Amy in Can the sibling of a US citizen stay out of status in the US while waiting for petition/green card?   
    This. ^^
     
    Mods, please close this topic. OP has been given the answer they were looking for and considering the friend's masterplan of getting a green card at all costs, there is nothing else to say, really.
  14. Thanks
    Kastrs reacted to SusieQQQ in Can the sibling of a US citizen stay out of status in the US while waiting for petition/green card?   
    So he plans to overstay until he suckers someone into marrying him to get that overstay forgiven? Charming. You’re not going to find advice on that here. When his visa period is up, he needs to GO HOME.
  15. Thanks
    Kastrs reacted to aaron2020 in Can the sibling of a US citizen stay out of status in the US while waiting for petition/green card?   
    It is.
     
    Well, it seems that your friend plans to overstay and marry a US citizen.   Argentinians can point to him as to why it's hard for them to visit family in the US.  
  16. Like
    Kastrs reacted to SusieQQQ in Can the sibling of a US citizen stay out of status in the US while waiting for petition/green card?   
    Green card marriages aren’t legal, either.
    Not many people manage to meet and confirm they have found their life partner within the space of a B visa authorized stay period. Though it does seem to happen much faster when a green card is involved 🙄
  17. Like
    Kastrs reacted to NigeriaorBust in Can the sibling of a US citizen stay out of status in the US while waiting for petition/green card?   
    They do not forgive overstays for siblings.  The wait from filing to an available number is about 15 years.  He would have a huge unforgivable overstay by that point.
  18. Like
    Kastrs reacted to aaron2020 in EB2 NIW I140 approved but my marriage is taking place soon. What next?   
    You can not use a non-immigrant F-1 visa to travel outside the US and return with the intent to immigrate by adjusting status.
     
    It's visa fraud because you would have to lie at the POE to enter the US.  90 days doesn't matter.  The fraud is at the POE.
     
    Your hypothetical is visa fraud.  You are basically asking for help to commit fraud.  
     
     
  19. Like
    Kastrs reacted to JFH in Painfull Wait Of 19 months with no conclusion   
    You surely knew that she has to re-establish domicile or provide such evidence of her intention thereof before your visa can be issued?
     
    This may sound harsh but separation is a normal part of this procedure. Many people endure longer periods of separation. You were very fortunate to have been living with your wife in Pakistan. You chose to relocate to the USA and this just how it is. Had she not become pregnant, she could have visited you during this time. But you you made a conscious decision to make a baby (we all know how not to get pregnant) before you were able to live together in the USA. You are adults. You have to live with the consequences or your decisions. Nobody at the embassy is going to process your case any faster because you decided to have a child. That’s on you, my friend, 
     
    Now, your AP time is longer than most countries. But that’s how it is for many Pakistani applicants. Nothing can be done about it. 
     
    I would recommend you seek professional help for the depression you are experiencing. I understand that six months is a long time to be apart (at one point we were apart for longer) but to feel as though life isn’t worth living when you have a loving wife and child on the way waiting for you suggests that you are suffering from depression. And that needs medical help or it will get worse. 
  20. Like
    Kastrs reacted to payxibka in I-129F Packet: P. 2, Q. 54 - Circumstances of your in-person meeting   
    If it won't fit in the space provided you should rethink your answer.   A love story thesis is not what they are looking for.   Synthesize it to two or three sentences 
  21. Like
    Kastrs reacted to SusieQQQ in The visa process for 2 y.o. child of a 20 y.o. K-2 child who is a child of a K-1 (mother)   
    Yeah
    i gotta think, if I was sponsoring someone on a fiancée or spouse visa and their family seemed more interested in green cards than actual family relationships...I might be worried. But maybe that’s just me, having read too many threads on VJ in the other forum. 🤷🏻‍♂️ 
  22. Like
    Kastrs reacted to aaron2020 in The visa process for 2 y.o. child of a 20 y.o. K-2 child who is a child of a K-1 (mother)   
    Laugh all you want. You're the one with the problem.  We're trying to help, but it seems that you already know everything.
     
    Enjoy life.  
     
     
  23. Like
    Kastrs reacted to aaron2020 in The visa process for 2 y.o. child of a 20 y.o. K-2 child who is a child of a K-1 (mother)   
    Sometimes being older and thinking you know the answers when asking for help does not align with wisdom.
     
    First, you got the separations backwards.
     
    The K-2 will separate the 20 years old and her child for at least 6 months while she waits for AP.  There is also the issue of abandoning her green card, so a Re-Entry for the 20 years old would be a good idea.  The 20 years old will have to file an F2a case which can take 2-3 years.  
     
    The F2b path takes 7 years but they will never be separated.  The 20 years old and her child will process together for everything.  So your assumption that this path is inhumane is wrong.  

    Second, nothing in immigration is guarantee.  
     
    Third, the F2b path is much easier than a path involving proving a bona fide marriage like the K-1/K-2 path.
     
    Get off your horse and try to accept some wisdom from others.  
     
  24. Like
    Kastrs reacted to Cryssiekins in Missing my visa interview appointment   
    Your question posed to the community is “how long of a wait.. and if anyone has been through it?” I would suggest asking the other person you know who didn’t show up for an interview about what happened next.
     
    I don’t see, logically, how skipping an interview is the right decision.  I do know that other Embassy’s will continue with the interview, and reserve a decision until the medical arrives, but I am far from an expert in all Embassy procedures.
     
    You say yourself, that it leads to be rescheduling, so perhaps if you HAD gone, you would already have a rescheduled date.
  25. Like
    Kastrs reacted to SalishSea in Missing my visa interview appointment   
    If you're convinced it was the right decision to simply no-show to a scheduled interview, what sort of help are you looking for here?
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