
Philippa
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Philippa reacted to Henmoh in July filers!
Update: Got the Biometrics appointment notice by mail this morning. It's scheduled for 1st August.
Have a prior commitment for that day but I guess I will reschedule that now. This one is undoubtedly more important!
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Philippa reacted to Elise K in July filers!
Update!
Sent my package on July 3
Accepted on July 7
Got Text notification on July 10
Got letter notification on July 15
Received biometric appointment on July 18 for Aug 5
seems good!!
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Philippa reacted to Boiler in EAD card with wrong info.. Job in jeopardy?
It is valid for work in a specific set of circumstances, it is not a general work anywhere you want card.
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Philippa reacted to Boiler in EAD card with wrong info.. Job in jeopardy?
Would be for some one on an F1 visa, so it is not valid for work in this case.
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Philippa reacted to Pitaya in EAD card with wrong info.. Job in jeopardy?
Likely due to their submitting the incorrect code on the initial form...
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Philippa reacted to a+j in Multilingual Birth Certificate - RFE that makes no sense
I'm writing this because it might be useful for other people on here - certificates in multilingual form are available throughout Europe as far as I know, not sure about other countries.
For my AOS, I submitted a multilingual birth certificate (the kind that lists the info in my native language -Italian- and their translation in 10 languages INCLUDING English at the back, like: Giorno/Dia/DAY/Jour....).
Well, I got a RFE. They want it to be translated.
I'm going to send its "translation" (English only) and my Certification by Translator as a response. Probably a good idea attach them right away if you're planning on sending in this kind of certificate.
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Philippa reacted to averageguy6 in Same Sex Binational Couples in I-130 Processing
I feel your pain.....and I do understand where you are coming from.......been in this process (no, not same sex, but still delays) since May 2013... and not quite there yet....hopeful for another month.
Anyway....
You should visit immigrate2us website if you have not already. There are so many families of all types who have been waiting for 2 years and many times much longer.
The issue with blanket expedites is that there are so many other people who have had a difficult time with various parts of this process and have had delays.....it would be unfair to pick one group over another.
There are people with lifetime bans due to (fairly minor) offenses 15+ years ago...Im not sure if that is constitutional or not....but its immigration law.
I dont think immigration bans and exclusions and processing time mandates are in the constitution....equal treatment yes...
There are just so many people who have waited over 2 years....and sometimes there are good reasons and sometimes there are not.
There are so many points in the process where one could be at 2 years....it could be at USCIS, it could be at Embassy.....
Should there be a separate tracking system to expedite everyone at the 2 year point? Maybe.
Overall the entire immigration process needs to be streamlined and immigration law needs reform at many levels.
Application fees fund the process...perhaps fees should be raised across the board to hire more staff.
Overall in this process my observation is that there are many many USCIS and Dept of State employees that really work as fast as they can. There are also a few employees that slow the process down at various points for many people.....but I can see also how trying to run such a govt dept could be very challenging with pressures from all sides.
Should my K1 case...now in its 11th month, be put on hold while someone else's same sex case (at 2 years for whatever reason) gets taken care of? Perhaps....
The problem with all expedites is that if the staffing level is kept the same, then that means someone else waits longer.
Perhaps you should be lobbying for increased staffing and efficiency at all levels in both the USCIS and the Dept of state? For example at many consulates there is only ONE CO (with local contract staff to help them of course) who handles all the immigrant visas....in a busy embassy, personally, I don't think that is adequate.....
I can tell you American taxpayers dont want to pay for immigrant costs...so the increased costs of an expedite dept need to be borne by the applicants....thus potentially excluding those with lower incomes....or putting excess hardship on them...
Don't get me wrong, Im absolutely sympathetic...Ive wanted an expedite at every stage....but the truth is that the volume of applications often overwhelms the available staff to process them. I absolutely do not believe that USCIS or NVC staff are allowed to be lazy. And Ive see the embassy here and they are very busy...way to busy for only one CO in my opinion.
Personally Id pay an expedite fee, but that would look like favoritism for the well off which creates other concerns....
Its really a complex issue.....bottom line....EVERYONE wants it to go faster.
Have you explored the expedite options that are already available at USCIS and the embassies...? I have spoken with many individuals that have been granted medical expedites, financial expedites, etc.
What stage of the process are you in now?
Best of luck to you....
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Philippa reacted to Mollie09 in AOS denied
Non-immigrant vs. immigrant I believe only applies at POE (i.e. leaving the country and coming back on F-1 is tricky if you filed for AOS since you've shown immigrant intent) but you can stay in status if your status is valid.
I was in H1B during my AOS and was told to maintain it until a decision was made, so other statuses don't get canceled when you file. I even reentered the country after filing using my H1B (I didn't have AP yet).
You should be fine staying in F1, but don't leave and try to come back now since you've already demonstrated immigrant intent.
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Philippa reacted to Merrytooth in tourist got married in USA
The tourist visa is valid for 10 years multi-entry to US but that doesn't mean she could use it to live in US for 10 years without leaving.
Her duration stay in US should be stated in her I-94 (you could get it online), normally about 6 months.
Not sure what reasons she could give if she wants to extend her stay in US.
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Philippa reacted to Caryh in tourist got married in USA
USA recognizes marriages in other countries. If she was married when she filed for the tourist visa and claimed to be single, she committed fraud by lying to the CO and putting false information on the visa application. There is no checking to see if you're already married when you apply for a marriage license in the USA, but it is illegal to marry another person before first terminating your current marriage. If she married the same person again with a license, it really has no affect other than to muddy the waters on the original date of the marriage because now there is two marriage certificates, but legally the earliest would take precedence.
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Philippa reacted to Boiler in tourist got married in USA
Why did they marry here when they were already married?
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Philippa reacted to uncrustables in priority date
Hi
I was checking my NOA1 for my I-485 and noticed that the priority date is May 20th 2014. I mailed my paperwork at the beginning of july. What is that date for? does it even matter?
thanks
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Philippa reacted to Elise K in Married USC before coming to US on an F1 visa, now wanting AOS
I talked to my lawyer about this. F-1 visa wouldn't terminate while AOS is processing but it will terminate end of process either it's approved or denied
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Philippa reacted to NancyNguyen in Married USC before coming to US on an F1 visa, now wanting AOS
Once you apply AOS, no matter if you are approved or not, your F1 visa is invalid. There is no such F1 maintaining just in case your AOS is denied. You can let your counselor know that you are applying AOS, and you will be able continue to enroll, most of cases with no problem. Maintain your F1 status might just help a little bit that you didn't intent to come here on F1 to stay, in interviewer POV.
Did you disclose on your DS-160 that you are married or answer questions about your spouse being an USC? And how did you answer them? The fact you will have trouble if you provided them wrong answers. At the interview you will have to persuade interviewer why you AOS within months you get to the States.
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Philippa reacted to Anonymous885 in Filing GC but wife doesn't have copy of past tax return
She can make an account in IRS's website and print the return transcripts in few seconds. It might take 2 weeks if she wants IRS to send her tax transcripts by mail.
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Philippa reacted to Mollie09 in RFE 3??
A sponsor is financially responsible for you until you become a citizen, lose your green card, or work for 10 years. If you send a note with your sponsor saying he is unwilling to be financially responsible for you, then he's not a sponsor and you'll be denied. It's not about good moral character, that's what affidavits are for.
You need to find a new sponsor. And maybe a lawyer.
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Philippa reacted to aaron2020 in Possible to change status after visa waiver expired? (split thread)
Hi,
Whoever told you that you could stay in the US with just filing an I-130 was wrong. Extremely wrong.
Since you have violated the terms of the VWP, you can not use it again.
If you leave the US, you will need a visa to return. Your chances of getting a B1/B2 visa is nil since you have immigrant intent and already violated the terms of your current visit.
You can stay and adjust to get a green card. Why not file the I-485? After all, preconceived intent to immigrate alone is not a valid reason to deny the AOS for the Immediate Relative of a USC as long as the beneficiary did not lie at the POE.
Consult a qualified attorney.
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Philippa reacted to Hypnos in Advice Please - Received Denied I-131 with Approved I-130
1) It would be cleaner to officially withdraw the I-485 before filing a new one. It will also look better than it being denied.
2) You cannot. You've already caused yourself to go to the back of the line again (if you reapply). Reams of information regarding AoS are available online, and you should have availed yourself of it before filing the first time.
In addition, given the circumstances USCIS may believe your husband is using the VWP for the purpose of immigration (which he basically is, now for a second time) which is illegal. It should be noted that intent alone cannot be a reason for denial if it is the sole negative factor, but you should prepare for being grilled over the circumstances of his first VWP entry, first AoS, departure, second VWP entry, and second AoS (if you file it). You may even want to consult with an experienced immigration attorney (before filing anything this time).
If you want to play it ultra-safe then consider the immigrant visa route. With an approved I-130 already it would probably only be a handful of months until he interviewed overseas for it. Either way, make no rash decisions and do some research this time (or pay an attorney for them to do it for you).
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Philippa reacted to Hypnos in Advice Please - Received Denied I-131 with Approved I-130
As stated, you are the petitioner because you petitioned (filed an I-130) for your husband, who will benefit from the applications, making him the beneficiary.
Why on earth would he leave without AP? That automatically abandons the I-485, I-765, and I-131. The I-130 will continue, but doesn't accord him legal status in any way.
Where is your husband now? If in the US, when did he return, and how?
1) No point, they were correctly denied.
2) They will be denied, it's only a question of when.
3) No, they are unrelated.
4) As I said above, how did he return?