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Everything posted by Dashinka
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I agree with the other’s, the only option is to file a new I751, and I think it is best to file soon. Perhaps @mindthegap will chime in again, but it appears you were denied for not attending the interview, so waiting for the denial letter seems like a waste of time. Also, you are still an LPR, so if you have an expired CGC with a valid extension letter that is proof of your status. If your extension letter is expired, you can get an ADIT stamp. Only an IJ can take away your GC. Good Luck!
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Undecided future voter - Please help?
Dashinka replied to Visitor User's topic in Current Events and Hot Social Topics
Sure, but again, this is the first time since 1892 where we have two candidates with Oval Office experience. Usually we either get two candidates (ignoring minor party candidates), where there is only one with Oval Office experience (2020, or 2012), or two like 2016 or 2008. So it is either voting for what we know, or voting for what we hope for. -
Undecided future voter - Please help?
Dashinka replied to Visitor User's topic in Current Events and Hot Social Topics
This is great! -
Five Major SCOTUS Decisions Expected This Summer
Dashinka replied to TBoneTX's topic in Current Events and Hot Social Topics
A couple of major decisions today. Kind of a blow to the DoJ and the Deep State. https://www.scotusblog.com Supreme Court rules in favor of Jan. 6 Capitol riot participant who challenged obstruction conviction https://www.foxnews.com/politics/supreme-court-rules-favor-jan-6-capitol-riot-participant-challenged-obstruction-conviction Supreme Court sides with fishermen in landmark case deciding fate of the administrative state “Chevron is overruled," Chief Justice John Roberts wrote for the court's majority. https://www.foxnews.com/politics/supreme-court-sides-fishermen-landmark-case-deciding-fate-administrative-state -
I do wonder about the takes by the Morning Joe hacks. I don’t watch them, but I am sure I will here some sound bites. This kind of says it all. Dr. First Lady Dr. Jill Biden is a truly horrible person. ‘You answered every question’: Jill Biden treats Joe like ‘toddler’ after debate https://www.skynews.com.au/world-news/united-states/you-answered-every-question-jill-biden-treats-joe-like-toddler-after-debate/video/9bf77a83626aacbab54ac3cbf8221331
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Undecided future voter - Please help?
Dashinka replied to Visitor User's topic in Current Events and Hot Social Topics
This is a very unique election in that the two leading candidates both have actual presidential records to go on. I may be wrong, but I think you have to go back to the election of 1892 when the leading candidates, Cleveland, and Harrison both had presidential records. In the end you have to look at what period was better, 2017-2021, or 2021 to today. It seems pretty clear to me despite the gaslighting by the Democrats and the media allies. -
Transferring a CR1 case
Dashinka replied to wanjiruN's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
If the beneficiary is a legal resident in another country, cases can be transferred. It is generally fairly easy as you notify NVC when the petition gets there of the consulate change, this happens quite often. Just search changing or transferring consulates in the VJ search bar. Good Luck! -
So I wonder who was paying off these home equity loans. Joe Biden Reportedly Refinanced His Delaware Homes 35 Times Borrowing $6 Million https://www.msn.com/en-us/money/news/joe-biden-reportedly-refinanced-his-delaware-homes-35-times-borrowing-6-million-expert-asks-why-would-anyone-view-their-home-as-an-atm/ar-BB1p0A7S?ocid=BingNewsSerp
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I-751 pending for 5 years now
Dashinka replied to NNN10's topic in Removing Conditions on Residency General Discussion
OK, so you filed a divorce waiver, when did that happen? I assume you also included a copy of the final divorce decree, so you are back to the options of filing a WoM or wait. -
I-751 pending for 5 years now
Dashinka replied to NNN10's topic in Removing Conditions on Residency General Discussion
Even if that is the case, if it is still showing as a joint petition, it cannot be approved if they are now divorced. OP could have filed a divorce waiver, but if they didn't as of yet, a WoM is a waste of money. I am not sure if I would travel with a possible NOID, but others may know better. -
I-751 pending for 5 years now
Dashinka replied to NNN10's topic in Removing Conditions on Residency General Discussion
OK, this adds a bit of a wrinkle. You and your spouse that were applying for a joint ROC are now divorced? Did you submit a divorce waiver request? USCIS may not deny a joint petition solely because the spouses are separated or have initiated divorce or annulment proceedings. If all other eligibility requirements are met and both the CPR and petitioning spouse or stepparent appear for an interview (if requested by USCIS), USCIS approves the joint petition. However, if the divorce or annulment is finalized while the joint petition is pending, the CPR is no longer eligible to remove conditions using the joint petition. However, the CPR may request that USCIS amend the joint petition to a waiver based on divorce.[4] https://www.uscis.gov/policy-manual/volume-6-part-i-chapter-4 -
I-751 pending for 5 years now
Dashinka replied to NNN10's topic in Removing Conditions on Residency General Discussion
This thread may be helpful. I agree, the main options are to wait, or file a WoM. You can also try the CIS Ombudsman, or your Congressperson, but YMMV. Good Luck! https://www.dhs.gov/topics/cis-ombudsman ion -
Five Major SCOTUS Decisions Expected This Summer
Dashinka replied to TBoneTX's topic in Current Events and Hot Social Topics
Probably not the most high profile, but still a decision in the right direction. Still trying to understand why the ultra-leftist justices are against allowing someone to have a jury trial, and are all for the Deep State. Did SCOTUS Start Dismantling the Bureaucratic State? We didn't get the Loper Bright ruling or a final decision on the Chevron doctrine today. However, the Supreme Court may have kicked a strut out from underneath the bureaucratic state today unexpectedly, in a case involving the Securities and Exchange Commission -- and the Seventh Amendment. In sum, the civil penalties in this case are designed to punish and deter, not to compensate. They are therefore “a type of remedy at common law that could only be enforced in courts of law.” Ibid. That conclusion effectively decides that this suit implicates the Seventh Amendment right, and that a defendant would be entitled to a jury on these claims. See id., at 421–423. ... According to the SEC, these are actions under the “antifraud provisions of the federal securities laws” for “fraudulent conduct.” App. to Pet. for Cert. 72a–73a (opinion of the Commission). They provide civil penalties, a punitive remedy that we have recognized “could only be enforced in courts of law.” Tull, 481 U. S., at 422. And they target the same basic conduct as common law fraud, employ the same terms of art, and operate pursuant to similar legal principles. See supra, at 10–12. In short, this action involves a “matter[] of private rather than public right.” Granfinanciera, 492 U. S., at 56. Therefore, “Congress may not ‘withdraw’” it “‘from judicial cognizance.’” Stern, 564 U. S., at 484 (quoting Murray’s Lessee, 18 How., at 284). https://hotair.com/ed-morrissey/2024/06/27/did-scotus-start-dismantling-the-bureaucratic-state-n3791032 -
Is it worth having the OP file an I290B? I know, probably lawyer territory, but could be done DIY. Based on the fact that there was no notice of the I751 interview (based on my reading of the OP and responses), how can an I751 be denied simply because a spouse was not present at an unannounced interview. I know, the overall VJ recommendation (which I agree with) is to have the USC accompany an LPR spouse to an N400 interview when an I751 is pending, but that is not always practical. I know in our case, we were in the same boat in early 2018. Now this was right when the processing of I751s were slowing to a crawl and we were just starting to hear about combo interviews. I did go with my wife to her N400 interview, and the IO decided to do a short I751 interview (I got the feeling the IO would have still approved things even if I was not there, but of course that was just a feeling). Back then there were other stories of spouses being called on the phone, or I751's simply being approved and it is all good as we all know USCIS is nothing if not inconsistent. As to the OP, I found this and it does give options. I am not terribly familiar with the I290B, but it appears an option. I was just wondering if anyone think it is worth it. https://www.hummelaw.com/2020/06/27/what-if-my-i-751-petition-to-remove-conditions-on-residence-is-denied/
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Joint Sponsorship
Dashinka replied to mar24's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
Also, the I134 is not binding to the person signing it, so, and I am not a lawyer, I would assume the legal liability is fairly small, and the obligation would end when your I485/I864 AOS package is approved. Also, I know you are excited, but just because the I129F is approved it may still be several months before you actually have an interview. Good Luck! -
Five Major SCOTUS Decisions Expected This Summer
Dashinka replied to TBoneTX's topic in Current Events and Hot Social Topics
This one was interesting in that the majority did not actually rule on the merits, but rather took a lack of standing approach. I don't understand the statement of needing to show a substantial risk that in the near future they will suffer an injury... So by that logic, SCOTUS will only take up cases of potential future injury? -
BREAKING: Coup Attempt Underway in Bolivia
Dashinka replied to TBoneTX's topic in Current Events and Hot Social Topics
Hmm, so a coup attempt and people brought weapons. Good things the "coups' here in the US are weapons free.
