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Ian H.

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  1. Like
    Ian H. got a reaction from JimmyHou in N400 application question   
    No, you shouldn't withdraw your application, otherwise you will lose the application fee and have to pay again, not to mention start over. If you have been married to a USC, it does not matter where you got married. They CANNOT discriminate against a valid marriage as long as it's valid where it was performed.
    There IS NO such requirement that you have to get remarried in the US in order for your marriage to be recognized in any way by USCIS. If that were the case everyone here who went through the CR1/IR1 or F2A process, would never be able to bring their spouses.
    That said, if the issue is with the marriage certificate get that fixed. You need to submit a certified copy of your marriage certificate, that clearly shows when you got married. Make sure it is certified by the civil authority that issues marriage certificates in your country.
    If the translation is messed up, you need to have it translated by a competent translator, and you need to check the translation to see if it's accurate. In the following link it says how to get marriage certificates in India for use in immigration related cases. Good luck.
    http://travel.state.gov/content/visas/english/fees/reciprocity-by-country/IN.html#docs
  2. Like
    Ian H. reacted to BigDaddy28 in N-400 denied.   
    You don't have to apologize, everybody make mistakes when in such situation. But that does not give any person to act like they are better than anyone here.
  3. Like
    Ian H. reacted to newbie0482 in i864 or i864a   
    Thanks for the answer.
  4. Like
    Ian H. reacted to hotmom17 in i864 or i864a   
    Thanks a lot ian!
  5. Like
    Ian H. reacted to JimmyHou in a decision has not been made on your application (after N400 interview)   
    It's true that you can't appeal a decision that hasn't been made, but you can file a pretty routine lawsuit and ask a judge to order USCIS to make a decision within a fixed amount of time. This isn't uncommon.
  6. Like
    Ian H. reacted to KayDeeCee in Is it possible to leave the country without GC in hand?   
    Because you were posting the instructions for DACA applicants. Someone adjusting from a K-1 has AP routinely approved and you never have to give a reason why you want or need it. You were mistaken that you could only file for it if there was an emergency you needed it for. You could have applied for EAD and AP at the same time as your I-485 and received an EAD/AP combo card within 60-90 days after filing. You could have used it to travel and re-enter the US for whatever reason you needed or wanted to. When filling out the I-131, you never have to give a reason, and do not even need to put a date or length of your trip. Many people have no plans to travel but apply for it anyway, just in case an emergency came up or they changed their minds and wanted to go back home for a visit while waiting for their green card. It is perfectly okay to do that.
  7. Like
    Ian H. got a reaction from Numië in Born abroad to a US citizen... N-600K or I-130?   
    You're welcome. I also forgot to mention census records. I read that those may be a little harder to obtain, but they also serve as proof of her physical presence. If your mom can help you obtain any of these docs, that would be great, since some things would be easier if she got them herself like tax returns.
    Basically anything that can help prove her days in the US, any leases, bills she paid, etc. Are her parents still alive? For her parent's tax returns, your mother may be able to request from the IRS if they are deceased. I also read that affidavits from family members or friends help, they don't hold that much weight though, but they help support the rest of the evidence.
    Talk with your mom and make a list of all the things she did in the US (school, work, arrests, traffic tickets, court dates, any kind of appointments, church, forms she filled out, etc) and anything she may have done as a child. This will help you figure out where else you can look for evidence. Good luck.
  8. Like
    Ian H. reacted to SusieQQQ in Born Outside Home Country - Country of Eligibility for the DV Program   
    Be very careful saying egypt is "better" because more people are selected - more people enter too so it doesn't mean his chances are better. If 100000 people from Egypt enter and they choose 5000, that doesn't mean he has a better chance than if 300 from Saudi enter and they choose 200...
    And Egypt is also subject to a lower cutoff than other African countries because of so many entrants.
    If his parents were resident in Saudi at the time no he can't choose egypt, but in any case Saudi is eligible so he doesn't need to. Alternate charging is when you were born in an ineligible country.
  9. Like
    Ian H. got a reaction from Numië in Born abroad to a US citizen... N-600K or I-130?   
    By the way, it's never too late to prove your US citizenship, it's just a matter of obtaining the documentation. There is no time limit to a claim of citizenship by birth.
  10. Like
    Ian H. got a reaction from Numië in Born abroad to a US citizen... N-600K or I-130?   
    Does your mom have any of her old passports? You may be able to use the visa stamps as one form of physical presence evidence. Also you can do an FOIA request with CBP for your mother's entries to the US and hopefully exits as well to determine the dates she was physically in the US. Partial days in the country count as well.
    If she was in the US up until age 5, plus the 2 years in her 20's, she meets the physical presence requirements. You can probably use additional docs to prove her physical presence such as her parent's tax returns if they claimed her as a dependent. Doctor's records from when she was a toddler, school records, church records.
    If she worked here she can request FOIA or PA records from the IRS or SSA if she no longer has access to her pay stubs or former employers. There are plenty of ways to prove her physical presence here, it's just a matter of how hard you look.
    The reason I suggest that you try to establish your USC is because it would be much more convenient for you to enter the US as a USC than go through the painful, expensive, and tiresome process that is immigration in the US.
    Birth Abroad to One Citizen and One Alien Parent in WedlockA child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.
  11. Like
    Ian H. reacted to Lainie B in Supplement A to form I-485, Do I need to pay?   
    To adjust status for your wife will cost $420 for the I-130 plus $1070 for the I-485. You will file these concurrently. There are other costs such as a medical exam. See the guide: http://www.visajourney.com/content/i130guide2
    If your daughter is a US citizen she should have entered on a US passport, not the VWP.
  12. Like
    Ian H. reacted to DC85 in a decision has not been made on your application (after N400 interview)   
    they can question your GC at any stage. Event if you apply through 5 years rule and you still married and live with your usc wife, they may still question that. Once you get your USC it's out of their hand to revoke your citizenship except if they have a strong evidence of fraud which they can represent it to the federal court. So, that's why you see they question your marriage at almost all stages.
    I think you will be good just a matter of time before you get your approval. Do you think your ex might talked to the immigration and she claimed fraud ?
  13. Like
    Ian H. reacted to SusieQQQ in understanding lottery visa monthly cut off   
    50000 visas total including derivatives. But you can't tell from the case number or the visa bulletin how many visas are being issued, per case number or in total. So for example case number AS1234 may have one visa or four associated with it, no way of telling from the bulletin or the number. I think over the lottery selectees as a whole the average ratio is something like one derivative per applicant (less than most people would intuitively think), but a whole bunch of case numbers are not valid so again just looking at case number cutoffs doesn't give much info.
  14. Like
    Ian H. reacted to SusieQQQ in understanding lottery visa monthly cut off   
    The case numbers are per family, not per person.Right123, it's a bit complicated because firstly as above one case number can be more than one person, and secondly not all case numbers 'exist'- some were disqualified initially and others have not had people follow up. So for example case numbers 1-2500 may only represent say 1000 valid cases.
    And yes there are occasionally jumps in the numbers.
    All that said, 18000 is a high number for Asia and judging by last year there is unfortunately a good chance that visas will be exhausted before getting there. If you haven't yet registered for DV2016, I'd suggest doing that now before the registration period closes.
  15. Like
    Ian H. reacted to jan22 in Born abroad to a US citizen... N-600K or I-130?   
    Sorry -- not true. You can't get a Consular Report of Birth Abroad (CRBA), as they need to be issued before you are 18 years old. But, if you qualify for US citizenship, you are a US citizen whether the CRBA was applied for and issued. You have to meet the same requirements as you would for a CRBA; if you do, then you can apply for a US passport. Your mother would have had to meet two requirements in the years before you were born:
    1. Been physically present in the US for at least five years before you were born -- that would include the time from her birth until she left, the time from when she returned in her 20's, and any visits.
    2. At least two of the five years have to be after your mother was 14 years old -- the time in her 20's would count and any visits.
  16. Like
    Ian H. reacted to Boiler in Please help- LPR wants to bring child   
    Depends on the Disability, may be a Public charge issue.
    Presumably it is not that bad for her Mother to leave her.
  17. Like
    Ian H. reacted to landr in should i hire a company or do a k1 visa myself ? filipino visa   
    If you have a straightforward case and don't have any issues such as previous visa overstays, do it yourself.
  18. Like
    Ian H. reacted to Hypnos in Looking to file a spouse visa for my wife, I have federal felonies.   
    I don't see a need for an immigration attorney, although that is of course your call.
  19. Like
    Ian H. reacted to belinda63 in Looking to file a spouse visa for my wife, I have federal felonies.   
    Speaking from experience it shouldn't be a problem.
  20. Like
    Ian H. reacted to Hypnos in Looking to file a spouse visa for my wife, I have federal felonies.   
    It doesn't sound as if you have any Adam Walsh Act-related convictions, meaning that you should be able to petition your wife and she can concurrently file for adjustment of status.
    She will need to prove that she entered the US legally, however, be this through an old I-94 or an entry stamp in an old passport.
  21. Like
    Ian H. reacted to Boiler in Is it possible to leave the country without GC in hand?   
    DACA is relatively recent, and I have seen plenty who have used AP, be paroled back in and then adjust status.
  22. Like
    Ian H. reacted to Boiler in Is it possible to leave the country without GC in hand?   
    Mountain and Molehill
    I guess everybody has at least one relative and who knows when there health may fail?
    I used mine for holiday.

    Mountain and Molehill
    I guess everybody has at least one relative and who knows when there health may fail?
    I used mine for holiday.
  23. Like
    Ian H. reacted to Boiler in How does Advance Parole look like itself?   
    As far as I know they come as a combo card. AP has nothing to do with Driver License.
  24. Like
    Ian H. reacted to belinda63 in How can my wife bring her sister and niece into the USA?   
    Wife to become citizen (if still married to you) 3 years
    Wife filing for sibling from Philippines (currently) 23 years
    Total wait for sister 26 years, sisters age at immigration time 53
    Sister filing for daughter (over 21, unmarried) 10 years
    Total wait for niece 36 years, daughters age at immigration time 41
    These estimates are based upon current immigration law and current wait times for a visa to become available. The wait times could become longer or shorter in the future. The laws could also change during the wait time.
  25. Like
    Ian H. reacted to Boiler in Is it possible to leave the country without GC in hand?   
    Ead and AP come as a package now. Holiday is fine.
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