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pushbrk

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Everything posted by pushbrk

  1. pushbrk
    It appears the above is exactly what happened. The petitioner can confirm by checking their copy of the I-130 to see whether they entered information for Tokyo and for adjusting status within the USA. Should have been Tokyo, and not appliable for the location of adjusting status. One or the other, not both. We see this every once in a while. It's a shame, but usually causes about a year delay to process the I-824.
  2. pushbrk
    Previous case was K1, so normally USCIS does not review. They just eventually send a letter saying their approval of the initial petition has expired and the petitioner is free to file again. More likely they found something in the AP to disqualify. THAT could have been an error, but USCIS will do nothing to correct it. Time for a "come to jesus" kind of discussion between the couple, before proceeding. Something caused this, and neither the Consulate or USCIS is going to give them further information on that.
  3. pushbrk
    I will add my emphasis on the importance of hiring a lawyer with waiver experience. The waiver part is definitely not a do it yourself thing. Your questions are best answered by the lawyer you hire AFTER they have all the facts from your spouse, in confidence.
  4. pushbrk
    No need to update USCIS. Just use the new address from the NVC stage onward.
  5. pushbrk
    You have good answers already. To my knowledge the one big difference in how the US Consulate's Immigrant Visa Unit in Mumbai operates, is that they want the petitioner to have current and three past years of qualifying income. You are not dealing with "India" though. It's the US Consulate. For example if you substitute "Philippines" for "India" then no, the Philippines doesn't recognize any proxy marriages, but the US Embassy's Immigrant Visa Unit does.
  6. pushbrk
    I'm here to help you unify with your family, not to protect your feelings about the mistakes you made. When you did this before, it was NOT "this process". It was the fiancée visa process, and not a step child at the time. It was the child of your fiancée. You failed to read the instructions for the petition you filed this time, and made incorrect assumptions because of that. Now you know that and you know what to do next. If it help you to vent at me about how the news was delivered, so be it.
  7. pushbrk
    Perhaps a timing issue/delay. I wouldn't worry about it.
  8. pushbrk
    The foreign spouse is coming to live in the USA. Of course, it's ok to use a one way ticket.
  9. pushbrk
    Rely on the actual I-130 instructions PDF instead. It is specific about the documents needed for the US Citizen. It's photocopy of a certified copy. Do you have a certified copy? If you don't know, look at it carefully and be sure. I'm not an expert on the online process, because I know it has its glitches. Like I said, I prefer paper filing, and that's why. In my opinion, there are still to many issues with the online form. USCIS is familiar with those issues though, and how to compensate. Were you able to leave that entry information blank?
  10. pushbrk
    Did you seek your I-94 here? https://i94.cbp.dhs.gov/I94/#/home
  11. pushbrk
    Try just leaving those blank and proceed with 47. If that doesn't work try typing zeros. This is another reason why I still prefer the paper forms.
  12. pushbrk
    Without an attorney is one thing. Without reading the instructions is another thing entirely.
  13. pushbrk
    Unfortunately, "was told" is a well known source of misinformation. The correct source is the I-130 instructions. Time to become an A-Student of those instructions, file the other two petitions, and wait another year or so, for them to be approved. Then, you proceed with all three at NVC. In the meantime, stay in contact with NVC to keep your wife's case open. They need something from you at least once a year. If you were a green card holder instead of a US Citizen, you could have filed just one petition. Your failure to study the actual instructions, put you in the place you are. Don't make that same mistake twice.
  14. pushbrk
    Your post was read. An I-130 is filed to start an immigrant visa process. It is not an application for a green card. YOU made the error, not the people that are correcting you. Only AFTER the visa is both issued and used to enter the USA, will a green card come into play. You will never apply for a green card. When your I-130 petition is approved, your spouse will be invited to apply for a spouse visa.
  15. pushbrk
    They might. Did he stop using?
  16. pushbrk
    I will just add that if the lawyer doesn't know, then they are the wrong lawyer for this question. You are no more required to mention you will attend a wedding, even if it is your own, than you are to mention you will enter a public library or museum. The purpose of your visit need not include that. When asked, give a more generic answer that is true. If you have already come and gone from the USA without issues, don't expect any now.
  17. pushbrk
    There are no "further instructions" coming. Follow the instructions by actually reading them first. All of them. The affidavit of support has its own step by step instructions. Become an A-Student of those instructions and the form itself. Did you file three petitions? One for wife, and one each for step daughters are required. Are all three petitions approved? If not, and you want them to immigrate together, wait to move forward until the other two petitions are approved.
  18. pushbrk
    "Divorced" is not a US tax filing status. He probably filed as "single". Many do that with no consequences. However, he could have filed on paper instead of online, using the status "Married filing separately", so there.....WAS/IS.... a "way". My opinion is don't worry about it.
  19. pushbrk
    If you have an interview, the passport photos needed at the NVC stage have already been upload. You'll need at least 4 more that you will carry to both the medical exam and the interview. They can be additional prints of the same photo that was uploaded.
  20. pushbrk
    For foreign spouse. Police report is good for two years now.
  21. pushbrk
    You probably put more than you lived in the Philippines. Hopefully, they will see your address was the same for a time.
  22. pushbrk
    The US citizen's criminal record has no bearing unless there's a sex crime against a child. None of this is even asked about in a spouse case. It's asked about in a fiancé visa case, but that's only to assure the foreign fiancé is fully informed about it.
  23. pushbrk
    Just for clarity, it is the approval of the I-129F that expires after four month of no further action. Yes, you ARE asked about previous petitions filed. Answer simply and honestly.
  24. pushbrk
    You are probably at least a year from a visa. When does your employment contract end? Visas have expiration dates. They are valid up through the end of that date, meaning must enter by no later than the expiration date. That's enter the USA, not exit the home country.
  25. pushbrk
    Entry and exit stamps in your passport are the best evidence. You've also already declared your physical address history to include where you lived during those two years. Right? Should have been included with the initial petition. Was it?
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