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Everything posted by pushbrk
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Ir-1 visa revoke
pushbrk replied to Discouraged's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Whether anybody finds it strange or not isn't relevant in this context. If a Consular Officer thinks the marriage was entered into to gain an immigration benefit, that's grounds to deny the visa. However, I'm not speculating on the reason for the denial. I DO expect the foreign spouse has at least a really good idea why the visa was denied. They were there. They know the questions and answers, and they know whether any information given was false. Consular Officers are trained to make these decisions, based on the totality of circumstances. Sometimes they know things the applicant doesn't know they know. Sometimes they get it wrong too. Seldom, is it an actual mystery to the applicant though. -
Name change questions - Approved I130
pushbrk replied to umith's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, but the sooner the better.- 18 replies
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Name change questions - Approved I130
pushbrk replied to umith's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Not surprised. I would too, if I knew the person had the same understanding of "last name" as I did. I don't assume that though. When I gather such information, I use the term, "Family Name" because EVERYBODY knows what that means. It's why it's on the forms first, with (Last name) in parenthesis, in case it helps one understand. Family name does NOT come LAST worldwide.- 18 replies
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Name change questions - Approved I130
pushbrk replied to umith's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
There is no reason to wait. Reissue the passport with the name you want, whenever. As long as it is before the interview. Earlier the better though.- 18 replies
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Name change questions - Approved I130
pushbrk replied to umith's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
"(Last Name)" in parenthesis. Family name is the main heading. Yes, Surname is used on passports, not US Immigration forms.- 18 replies
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Ir-1 visa revoke
pushbrk replied to Discouraged's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
There will be a "respond by" date on the notice. Usually, it's more than 30 days, but it IS a firm date, not a number of days. -
Marry, go home/apply?
pushbrk replied to Natis26's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
No way to reliably predict what will happen. But, yeah, if you're wearing a ring, call him your fiancé. -
Ir-1 visa revoke
pushbrk replied to Discouraged's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I will add that it is very common, for the visa applicant to either know well, or be pretty sure, why the visa was denied. It is less common for them to be open and honest with the petitioner about it. I don't know what's true in this case, but I suggest a "Come to Jesus" talk right away. -
Marry, go home/apply?
pushbrk replied to Natis26's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I wouldn't. It's also true he's your boyfriend, right? -
Marry, go home/apply?
pushbrk replied to Natis26's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Best to give a more generic but true answer, something more like the answer you've previously given. -
Ir-1 visa revoke
pushbrk replied to Discouraged's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
So everybody is on the same page, the Consular Officer did not revoke anything. He denied the visa, and indicated they were returning the case to USCIS with a recommendation they revoke the approval of the petition. Others have been correct in saying in a few months, the petitioner will get a NOIR, "Notice of Intent to Revoke" the I-130 approval. That notice will contain an explanation as to why, and give the petitioner an opportunity to respond and try get the approval "reaffirmed". Now is the time for the visa applicant to write a VERY detailed report of EVERYTHING that happened or was said, since he arrived at the Consulate for the interview, until he left. It should be as verbatim as humanly possible. Not time for laziness or summaries. -
Name change questions - Approved I130
pushbrk replied to umith's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
It is helpful to use the terminology used in the passport and immigration forms. Family name or surname are used, not "last name". In China, and some other countries, the written "first name" IS the family name or surname.- 18 replies
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Having read back over this, to clear up any confusion, the divorce in question is the one from the first wife, to whom the OP is still married. That marriage MUST BE disclosed, and the evidence it was ended by death or divorce, must be provided. Once that is accomplished, where an how the remarriage is accomplished, doesn't matter, as long as it is legal and lawful where it is officiated. Probably need to reside first, for some period (90 days or less depending on which US State) before filing. You'll need to research which State will work, and how/whether you can serve by publication etc. It's a mess but there ARE solutions.
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Glick on the word "Guides" at the top of any page here to understand the process. Download the main form, and it's instructions, then become an A-Student of BOTH. Divorces worldwide are only granted where people LIVE. Only one must be there, either one, but the other must be "served". Google "divorce in (the country where you life) or contact a family attorney THERE. As long as it was not the Philippines, it PROBABLY doesn't matter where you married, but WHY is it a secret?
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You "get divorced" where you live now, but where you married can be an issue depending on other things. It may or may not be relevant, and most likely relevant if it she country that issued one or the other of your passports. You can explain in open fields on the last two pages of the I-130 and I-130a forms.
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Affidavit of support
pushbrk replied to 8ray's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I mean it it is clearly enough, you don't need a joint sponsor. Typing two opposites already today. -
Affidavit of support
pushbrk replied to 8ray's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Is your Social Security income less than the required income to sponsor? If it is, you don't need a joint sponsor. -
Just going to add that if the USC has never worked or had income, she is not required to file a tax return. She will provide an affidavit of support form, stating no income and she'll check a box indicating no tax returns because not required. It will be abundantly clear she has no employment or earnings history.