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Ian H.

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  1. Like
    Ian H. got a reaction from Phillip Kazuto in bringing a parent to USA   
    The above is correct. Once you have been an LPR for 3 years you can apply for USC and then once you have the naturalization certificate, you can petition your parents, not a moment before.
  2. Like
    Ian H. reacted to Phillip Kazuto in bringing a parent to USA   
    No you must wait till you become a US Citizen.
    Only Spouse and Children can be petition if you're LPR
  3. Like
    Ian H. reacted to Merrytooth in AOS from Tourist Visa - not filed yet - can she get a non-work SSN?   
    You have to file I-130 and AOS paper work (I-485/I-864/I-693/I-131/I-765) concurrently.
    I-130 ~ $420
    I-131/I-765 AP/EAD is free with I-485 ~ $1,070
    Also you wife has to do the medical exam by civil surgeon - I-693, which you have to pay too.
    Please read the guide here:
    http://www.visajourney.com/content/i130guide2
  4. Like
    Ian H. reacted to NikLR in No Middle Name on Visa   
    There is no spot on the visa for a middle name, period. A middle name IS a given name.
  5. Like
    Ian H. got a reaction from jkf21 in Obtaining Green Card from Uncle by means of mother obtaining one first and subsequently sponsoring me   
    Unless something is done about immigration, keep in mind that you're looking close to a 20 year wait. You can try applying for the DV every year in the meantime if you are a national from an eligible country. You can also look at employment visas and see if you may qualify in one of those routes.
  6. Like
    Ian H. got a reaction from jkf21 in Obtaining Green Card from Uncle by means of mother obtaining one first and subsequently sponsoring me   
    Yes. She cannot petition for you unless she is an LPR first, which means that she has to enter the US as an LPR. There is no minimum amount of time she has to live here though, she can petition for you as soon as she gets out of the airport.
  7. Like
    Ian H. reacted to nab-400 in USCIS Elis Question   
    Yes it does not have to be hers, i paid for my mothers, and a friend of mine paid for his friend. the only thing they worry about is receiving money, they don't care who is paying.
    Thanks
  8. Like
    Ian H. reacted to Stressed Out in USCIS Elis Question   
    It doesn't have to be hers. Husband's card would be fine, especially since they share the same name.
  9. Like
    Ian H. got a reaction from Phillip Kazuto in Obtaining Green Card from Uncle by means of mother obtaining one first and subsequently sponsoring me   
    Unless something is done about immigration, keep in mind that you're looking close to a 20 year wait. You can try applying for the DV every year in the meantime if you are a national from an eligible country. You can also look at employment visas and see if you may qualify in one of those routes.
  10. Like
    Ian H. got a reaction from Asia in Obtaining Green Card from Uncle by means of mother obtaining one first and subsequently sponsoring me   
    Unless something is done about immigration, keep in mind that you're looking close to a 20 year wait. You can try applying for the DV every year in the meantime if you are a national from an eligible country. You can also look at employment visas and see if you may qualify in one of those routes.
  11. Like
    Ian H. got a reaction from Asia in How can my wife bring her sister and niece into the USA?   
    That website is fake. The Philippines isn't part of the VWP. Any countries that are eligible for VWP status could be found on travel.state.gov the official DoS website.
    When your wife becomes a USC, she can petition for her sisters. Or she can petition for her parents when she is a USC, and when they become LPR's one of them can petition for her sisters.
  12. Like
    Ian H. reacted to Asia in Obtaining Green Card from Uncle by means of mother obtaining one first and subsequently sponsoring me   
    Yes, your uncle can sponsor his sister (your mother).
    The time of waiting in this category (F4) is around 12 years.
    When your mom becomes LPR, she can sponsor you.
    But only if you're unmarried.
    If you're married, your mom can sponsor you after becoming USC herself.
    You can't be added to the original petition (F4), since you're over 21 years old.
  13. Like
    Ian H. reacted to jedigrover in "No common language" -- advice?   
    Indeed. I agree completely. I would add that if normal couples were put through the relationship test / wringer like immigration, maybe the divorce rate wouldn't be so high.
    One thing that is irritating is that it is completely possible for me to meet someone in America who doesn't speak English, start an online relationship, meet them in real-life--in short, do everything I have been doing in this situation--and because it doesn't involve immigration, just go down and file for a marriage license and get hitched, no questions asked. Or fly to Vegas for the weekend. While I understand the concerns about immigration fraud, I'm not sure that seeing whether someone can answer 7-10 easily memorized facts is really helping ferret out such things. The later AOS / Green Card interviews, as I understand it, are much more comprehensive and realistic for determining whether a relationship is genuine.
    I have put together a letter and backing evidence that I am sending by DHL for her to file at the consulate--after having her attorney look over it. I had it all notarized. I thought at the last minute to include a note that if another interview is required, I want to be present.
    Thanks for the words of advice. I really appreciate it!
  14. Like
    Ian H. reacted to NikeS in ABANDONED AOS   
    Straight answer: unlikely.
    The terms of granting a tourist visa is that you prove you'd return to your home country after a short visit. With a pending immigration petition such as an I-485, though recently abandoned, they are unlikely to grant one. What would warrant a sudden trip abroad without getting Advanced Parole before leaving?
  15. Like
    Ian H. reacted to DC85 in N-400 denied.   
    I will give you my advice which I hope you take it. Find a a good immigration lawyer and take him with you to the hearing. when you saw uscis played dirty with you, I think you should from the beginning tried to get a legal help.
    if you filed a law suit under section 1447(b), when you uscis failed to make a decition after 180 days, the uscis would lost jursidction over your case. This ruling is active in the states that belongs to either 2,9, 4 th circuit courts ,since you are living in OR, you are under the jurisdiction of the 9th circuit court.[ too late for this]
    That's why I would go and find a good lawyer and hire him to make sure you don't do any further damages to your case because you acted with good intentions , but sometimes you may face a bad officer who would do his/her best just to deny you even if there is no legal ground for that.
  16. Like
    Ian H. reacted to Boiler in my kids are US citizen and I have B1/B2 visa   
    The OP has not mentioned any basis for immigrating to the US and has ruled out many of the normal options. Seems odd to come to the US for medical care. I have come across many people from the US who go elsewhere because of the cost.
  17. Like
    Ian H. reacted to apple21 in Does The petitioner have to be in US when beneficiary goes to interview?   
    At the moment, put on hold the NVC process until your mom has successfully settled back in the US.
  18. Like
    Ian H. reacted to E-N in N-400 denied.   
    this is terrible... makes me mad!
  19. Like
    Ian H. got a reaction from Rob & Monika in "No common language" -- advice?   
    The language barrier has nothing to do with her life here in the US, only between the two of you. The reason for them is that in cases of language barriers more fraud is involved. For example, my spouse doesn't speak English very well yet, and didn't speak any at all when we were interviewed, but we both speak Spanish. They care about you guys communicating with each other, not about her speaking English. So if you guys both spoke Vietnamese, it wouldn't matter if she didn't also speak English.

    Yes some consulates rarely require the petitioner to be present. In my country the petitioner is typically required to attend because both are interviewed, at least in fiance/spouse cases anyway.
  20. Like
    Ian H. got a reaction from aminorziko in N-400 denied.   
    Oh my god, I feel so bad for you guys, I'm literally having a spasm because of how angry I am just imagining if something like that happened to us. I would have flipped out when they said to file another I-751 and pay another fee for a file THEY LOST. GTFO!!!!!
    You guys need to get an immigration lawyer ASAP and a really good one. I agree with penguinie, it looks like you are being played dirty because what they are doing to you is UNACCEPTABLE and not to mention the way they are going about it seems very fishy.
  21. Like
    Ian H. reacted to NancyNguyen in N-400 denied.   
    Reapply under 5yrs and think those problems will be gone is completely uncalled. All those Stokes interview, home visit, RFE... are noted permanently on his file.
  22. Like
    Ian H. reacted to Caryh in Sponsor’s surname, financial questions   
    She uses her married name, that is her name now. They're kinda of used to seeing women taking their husbands surname after marriage.
    Putting in bank account information is optional, as it says. If you put it in, you'll need to document the account. It is normally only included when someone is using the assets of a bank acocunt to make up for a lack of income. With a cosponsor, you're relying on the co-sponsors income, so keep it easy and leave it out.
  23. Like
    Ian H. reacted to SusieQQQ in Want to apply for DV lottery- husband a citizen already   
    The documentation says that you don't have to enter details of derivatives if they are citizens, but that it won't penalize your apllication if you do. So it's really up to you what you feel more comfortable with I think...if you just leave him out you will be ok, if you add in his details you will be ok too.
    But on a more realistic note, your chances of winning the lottery are tiny. Why don't you start alternative visa procedures (I presume CR1?) in the meanwhile too rather than waiting till May for something which has around a 99% chance of not happening?...
  24. Like
    Ian H. reacted to Penguin_ie in N-400 denied.   
    There is something very odd going on here, the only thing I can think of is if someone has a grudge against you and your wife,and has some evidence that makes USCIS distrust you.
    I don't say this often, but time for a lawyer.
  25. Like
    Ian H. got a reaction from Stressed Out in Which AOS to file for my mom?   
    I agree with aleful.
    The thing is that the I-864 is used for different kinds of immigrants. In the case of petitioning a sibling for example, they could be immigrating with a spouse and children, which means they could have 2 separate sponsors, one joint sponsor sponsors one, and the other sponsors the other two.
    In the case of one immigrant, as in your case, you can only have one joint sponsor if you as the petitioning sponsor, don't meat the requirements. A joint sponsor can combine his income with certain members of his household, but not with the petitioner, or another joint sponsor.
    That is why one of your parents (let's say dad) needs an I-864 because he is your joint sponsor. Mom needs an I-864A because she is your joint sponsor's household member.
    Joint sponsors and their household members are allowed to combine their incomes with each other in order to meet the requirements, but not with you as the petitioner, unless they live in the same household and are related in certain ways.
    Additionally, if dad makes enough by himself, he can fill out the I-864 and your mom doesn't need an I-864A or vice versa.
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