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pushbrk

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  1. Like
    pushbrk reacted to Loren Y in Married to US citizen under CR1 and became illegal months later   
    I have some experience with South Korea and how they work. The best thing you can do is leave on your own accord. A few times a year they will offer a amnesty program allowing you to leave without paying the penalties. If you just walk in or get caught and forced deportation there are some serious fines and such they will enforce, so leave durring the next amnesty program, and you don't have to pay, and worst case is a 3-5 year ban, but no penalties.
     
    The police certificate you are never going to be able to get. They will not issue one if you were there illegally, no matter what you try to do. There is proof of this, so you will have to let the embassy know that you can't obtain a police report from South Korea because they won't issue one, but they should know.
     
    Another benefit of leaving durring the amnesty program is they will stamp your passport with a code, I would have to look them up, but it shows you left on your own free will and we're not thrown out. This is better for you down the line. It's not good you overstayed, but won't be as bad as being caught and forcefully deported.
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  3. Like
    pushbrk got a reaction from geowrian in My spouse has children   
    Good answers so far but if the marriage took place after the 18th birthday, that step child has no path to immigrate based on the marriage.  Key issue now is what was that child's age on the date of your marriage?
     
    Note also that the foreign spouse's children ARE listed as family members on the I-130, whether they intend to immigrate or not.
  4. Like
    pushbrk got a reaction from Matrix13 in My spouse has children   
    Good answers so far but if the marriage took place after the 18th birthday, that step child has no path to immigrate based on the marriage.  Key issue now is what was that child's age on the date of your marriage?
     
    Note also that the foreign spouse's children ARE listed as family members on the I-130, whether they intend to immigrate or not.
  5. Thanks
    pushbrk got a reaction from minivatreni in A Warning To Green Card Holders About Voting   
    (From my blog)
    A Warning To Green Card Holders About Voting
    Do not register to vote in any election until you have officially been granted US Citizenship.
    Going into this election season, it is very important to understand that for a Green Card holder, (Lawful Permanent Resident) to register to vote is not only improper, but can have severe consequences in the future.
    Even though there are States that have instituted policies that do not require evidence of US Citizenship when registering to vote, the voter registration documents do ask whether the person registering is a US Citizen. Many have simply checked the box and gone ahead and registered, knowing that even if the State Law requires showing government issued identification, their driver license will suffice.
    While this is not legal advice, the publicly searchable “9 FAM” (Foreign Affairs Manual) is quite clear regarding the potential consequences of falsely claiming US Citizenship. There is no more serious a misrepresentation, based on the consequences, dealt with in 9 FAM. The potential consequence of registering to vote or for any other federal or state benefit afforded only to US Citizens includes Deportation and a LIFETIME BAN from entering the USA.
    If any reader who is not a US Citizen, has registered to vote in any official State of Federal election, I advise them to seek competent legal advice as soon as possible, to discuss minimizing or eliminating the risk of any future deportation and ban.
    The law is, what the law is. Regardless of whether this particular or any other immigrant related law is being consistently enforced today, that can change at any time.
    False claims to US Citizenship are taken very seriously by Customs and Border Patrol Officers. Some years ago, I was traveling with my step daughter, when we encountered a border check station on Interstate 10 in West Texas. My step daughter was quite proud of passing her citizenship test just the day before, and proudly answered yes, when a CBP Officer asked if she was a US Citizen. I quickly corrected her, so the officer would hear me, saying, “You WILL BE a US Citizen after your swearing in ceremony, but you’re aren’t a citizen yet.” Fortunately, the officer was understanding and we were soon on our way without incident.
    Many have registered to vote, somewhat “innocently” because of the misrepresentations or ignorance of well meaning officers at the DMV (Driver License Offices) or even a campaign worker.
    * * DO NOT REGISTER TO VOTE IN ANY ELECTION UNTIL YOU HAVE BEEN OFFICIALLY GRANTED US CITIZENSHIP * *
  6. Thanks
    pushbrk got a reaction from AngieQ in Form I-864 question   
    Unless you know he left the country or is dead, the answer is yes.
  7. Like
    pushbrk got a reaction from NikLR in Form I-864 question   
    Unless you know he left the country or is dead, the answer is yes.
  8. Like
    pushbrk got a reaction from Dante2019 in Would being denied entry in a USA international airport be considered never been in the USA?   
    Based on that being her only attempted entry, she's never been in the US.  If later asked if she's been refused entry, the answer is yes.  Refused entry is also not being "in immigration proceedings".  That question is there too.
  9. Like
    pushbrk reacted to Just Paul in A few questions about filing form I-130   
    Not knowing the country where you are interviewing and if there are any red flags gets you the following stock answers.  You can update your profile to include the country to get better answers quicker. I have to read down the 5 question to find out it is Vietnam.  
     
    There is no way that a petition of several hundreds or color copies needed.  Quality over quantity.  A few photos reduced to a 8 to 12 on a page is all that is needed.  If you include chat logs only a few pages are needed and can be printer from 2 or 4 reduced pages on one page. 
     
    If you file online there is a limit to each pdf upload.
     
    Yes
    read the instructions and follow them literally.
    What do the instructions say?
     
    Again, hundreds of pages, does not equal quality.  Upload the best evidence. You aren't going to be able to upload all that in one PDF.  And no one will be anxious to scan in or read a large box representing a case.
     
    If it can't fit into a USPS priority letter envelope or a padded envelope, you are probably sending in too much.  I looked at ours and it was 30 pages long but front loaded as we were filing directly at the consulate (at UCSIS office) and had documents from 4 countries.
     
     
  10. Like
    pushbrk reacted to Just Paul in A few questions about filing form I-130   
    It is not listed as it isn't needed at this time.   It will be sent at the NVC stage.
     
    When you file for a spousal Visa, the I-130 is mostly about the petitioner and whether or not they are married to the beneficiary.  Proving you are married means marriage certificate and things around married life.  Photos are not primary evidence.  One or two pages is all you need.  Plenty of us here have only provided one or two photos.  Some included none.  Chat logs prove you communicate. 
     
    Proof that you have spent time together is the most important.  Include the visa stamps on your passport and boarding passes from your trips; copy of the hotel bill.  You can include some random chat or logs if you haven't been spending time together.   Adding the spouse to your life insurance, credit card, checking accounts, as a beneficiary on a retirement account, utility bills, house or car title, and listed on your tax return is all better proof of living a married life.  You only include what you can.  Affidavits are also secondary evenduce and should only be included if you have nothing else.
  11. Like
    pushbrk got a reaction from Crazy Cat in Supreme Court allows Trump administration to move forward with 'public charge' rule (merged)   
    The only thing one can do to "improve" their standing regarding the public charge issue is to improve their actual financial situation.  However, two years working as a software engineer making several times the minimum income requirement will do quite nicely.  The OP has no worries, unless going through Mumbai where they tend to want to see three years of qualifying tax returns.
  12. Like
    pushbrk got a reaction from Crazy Cat in Dual Citizenship Petitioner Non-US Passport on Marriage Certificate   
    Yes, if born outside the US, then she'll use a copy of her Naturalization Certificate etc.
  13. Like
    pushbrk got a reaction from Dante2019 in Was the Beneficiary Ever in the USA?   
    Yes, it is a good point.  There are many problems with the online form and members who haven't used it are not well versed in it.  I'm still old school enough to recommend using the paper forms anyway.  That way you KNOW what you sent. It's far less cumbersome.  The online form may be convenient for USCIS but until it's been through some revisions to remove "bugs" it's far LESS convenient for petitioners.
  14. Like
    pushbrk reacted to LilyJ in DS-260 Questions (merged topics)   
    Put the correct date and the mistake on the I130 can be explained to the consular officer if asked about it
  15. Like
    pushbrk got a reaction from Crazy Cat in Was the Beneficiary Ever in the USA?   
    Yes, it is a good point.  There are many problems with the online form and members who haven't used it are not well versed in it.  I'm still old school enough to recommend using the paper forms anyway.  That way you KNOW what you sent. It's far less cumbersome.  The online form may be convenient for USCIS but until it's been through some revisions to remove "bugs" it's far LESS convenient for petitioners.
  16. Like
    pushbrk got a reaction from Dante2019 in Native language document?   
    NO.  This is dead wrong.  The section does not use the word language.  French uses the Roman Alphabet, so this section is Not Applicable in this case.
     
    Read carefully, interpret LITERALLY, and answer accurately.  Do not put your own words or misinterpretations into the process.
  17. Like
    pushbrk got a reaction from Bill Hamze in I-130 Supporting Documents - Additional proof of Marriage   
    There's also a danger in overdoing it.  If you give them TOO much, they may not look at much of it at all.  Best to keep it to what's most valuable, in order to ensure they see what they really need to see.  But, of course, do as you see fit.  This topic is about somebody else's case, not yours.
  18. Like
    pushbrk got a reaction from SalishSea in i-864 requirements   
    I don't think so.  The spouse is from Thailand, not India.  The current income is over $50,000 and I'm pretty sure the household size is less than 5.  The OP would be wise to clarify the actual household size though.
     
  19. Like
    pushbrk got a reaction from frndly1 in I-130 Supporting Documents - Additional proof of Marriage   
    Opinions vary.  Most "immigration lawyers" no little or nothing about family based immigration.  Caveat Emptor
     
    USCIS lists a number of possible options for additional evidence and encourages petitioners to include "one or more" types of evidence from the list.  Newlyweds who have not yet lived together will not have anything from most of the list.  It's best to concentrate on the "any other...." section by including evidence of time spent together in person and examples of how and how frequently they communicate.
     
    If ALL the additional evidence a petitioner submits is affidavits from third parties, THAT is likely to hurt and only hurt.  With other evidence, it still "HURTS" but one hopes it won't hurt enough to nullify the OTHER additional evidence.
     
    This has been discussed here for more than a decade since the I-130 instructions added the section being discussed.  I'm reflecting the conventional wisdom from all those years.  I was not of this opinion initially.  Where such affidavits CAN help is when the come from somebody who has personally witnessed the evolution of the relationship between the couple and documents that.  Affidavits from people who only attended a wedding or wedding and reception are USELESS, as they evidence NOTHING about the RELATIONSHIP.
  20. Like
    pushbrk got a reaction from arken in US-Nepali marriage, post-ceremony we are experiencing court marriage filing issues   
    Correct.  Do what you need to do.  This kind of thing is common in many countries.  "Fixer" is a common term in such situations.
  21. Like
    pushbrk got a reaction from Crazy Cat in Was the Beneficiary Ever in the USA?   
    Just answer yes.  The rest of the questions are for if she is IN THE USA NOW.  Read carefully.  Interpret literally.  Answer accurately.
  22. Like
    pushbrk got a reaction from SorrowL in Was the Beneficiary Ever in the USA?   
    Just answer yes.  The rest of the questions are for if she is IN THE USA NOW.  Read carefully.  Interpret literally.  Answer accurately.
  23. Like
    pushbrk got a reaction from Crazy Cat in The new ds-5540   
    People are speculating regarding the OP's specific situation.  I suspect this speculation is correct, for cases that will be an NVC in the future.  How soon, is impossible to know.  For now, for cases that already have interview appointments, it is wise to prepare the form and bring it to the interview.  Official instructions will come later.
  24. Like
    pushbrk reacted to Hank_ in I-864 Part 3 question 1   
    Key word in the question 1 of part 3 is SPONSORING .     Are you currently SPONSORING your elder brother (completed an I-864) ?
     
    An I-130 is a PETITION
  25. Like
    pushbrk got a reaction from NikLR in Cr1 issued, do i still need to maintain income?   
    You've already passed the last financial hurdle in the immigration process.  From now on, it's about what you need for your family.
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