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Ian H.

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  1. Like
    Ian H. reacted to KayDeeCee in K-1 : I-485 : I-130 : Married 2 years : Have child   
    You are wasting money because the I-130 is not required when adjusting from a K-1, even when married over 2 years. You will get the 10 year card if married more than 2 years at the time of the I-485 approval.
    No, that is not the case any longer. You do not need the I-130. If married longer than 2 years at the time of approval, then you receive a 10 year card. There was a BIA ruling back in 2011 that stated a K-1 is not subject to get a conditional card if they have been married over 2 years.
    See Matter of Sesay>
    (2) A fiancé(e) visa holder whose bona fide marriage to the fiancé(e) visa petitioner is more
    than 2 years old at the time the adjustment application is adjudicated is not subject to the
    provisions for conditional resident status under section 216 of the Act, 8 U.S.C. § 1186a
    (2006).
    http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf
  2. Like
    Ian H. reacted to Jon York in Interview from HELL!   
    Haha! Well you just can't be too careful these days! I'm actually getting very paranoid these days if anyone mistakenly mis-classifies our relationship!! It's such an easy mistake to make - I mean they say "what does your husband do?" and you just answer the question without bothering to correct them. Most people wouldn't even hear it or think about it. But it can get you denied. Amazing.
    Amen LmmL! That's right.
  3. Like
    Ian H. reacted to HafsaJawwad in Interview from HELL!   
    I understand being thorough, but to me this seems like too much. They don't have to be so aggressive and making accusations about her lying. I think that part is where it crosses the line.
  4. Like
    Ian H. reacted to msbau764 in Interview from HELL!   
    considering my fiance was treated like a scammer when applying for a tourist visa and was subsequently denied, I tend not to respect the decision-making ability of the consulate. I have known people that have slipped through the cracks with questionable merits and those that seem to have everything together and are denied. Terrorists will find a way to come here regardless. Fear-mongering, suggesting that one terroist is angling to come here on marriage/fiance visa is not based in reality.
  5. Like
    Ian H. reacted to msbau764 in Interview from HELL!   
    there is no method to their madness. stop making them out to be geniuses when they are, and often do, screw up many cases. If one person has to suffer abuse and is denied for illegitimate reasons, they have failed.
    Like I said, in my case, my SO was denied a tourist visa despite having savings, a job, and having traveled before whereas there are those that have gotten them with no job, no savings, and having never traveled. Let's not make them out to be wizards.
  6. Like
    Ian H. reacted to msbau764 in Interview from HELL!   
    what if someone's fiance is of a meeker disposition and cannot handle it and then is rejected? Will that be fair too?
  7. Like
    Ian H. reacted to Ryan H in NVC and its trend of losing document.. scared ???   
    Having a lawyer will not equal easy sailing through the NVC. In some instances, lawyers screw things up resulting in delays.
  8. Like
    Ian H. reacted to Nich-Nick in Evidence required for ROC when going through a Bitter Divorce   
    You need to get that application in the mail so it is received before expiration. It will require a final divorce decree, but you'll have to get an RFE and deal with that later since you don't have one. The "waiver" is just a tick box on the application. Read it and the instructions.
    Your evidence is the same as any ROC...everything joint or with both names on it that you can find copies of, covering the entire timeframe you were together. Read all the lists people post of things they sent. Some are very creative.
  9. Like
    Ian H. reacted to CowBoE in Concern about Fiancé's Signature On Signature Documents   
    I think it's a bit of paranoia.
    In my opinion that's what signature is supposed to be.
    I've never heard of a formal guidelines on how a signature should.
    That's why they also require printed name.
    I highly doubt that they will be judging her signature for readability or closeness to her English spelled name.
    I have a Korean friend, who continues to use his Korean character signature in US
    after he immigrated here.
    Just make sure she is consistent in writing the same signature in all her documents.
  10. Like
    Ian H. got a reaction from Ebunoluwa in Interview from HELL!   
    I'm very very happy for you guys that you were able to get approved in the end. Our interview had some red flags, but it was nothing like that. I would NOT have been able to comport myself in the way that your fiancee did, I would have reacted very negatively.
    The fact that she cried in the end shows that she is only human, but to endure such a horrible interview like that, I can tell she is very strong. This is why I keep repeating that something HAS TO BE DONE about the arbitrary power that these CO's posses. It is UNACCEPTABLE to treat people like this.
    Every time I hear stories like these I get this knot in my stomach imagining ourselves going through that, I honestly wouldn't think I could handle it. My cousin's wife passed out in the middle of their interview, I think she suffers from low blood sugar or something, I can't remember. Imagine someone with a heart condition or something going through that.
    I'm glad everything worked out for you guys and hopefully you won't EVER have to go through that again. The best of luck to you guys and congratulations!
  11. Like
    Ian H. got a reaction from TBoneTX in Interview from HELL!   
    I'm very very happy for you guys that you were able to get approved in the end. Our interview had some red flags, but it was nothing like that. I would NOT have been able to comport myself in the way that your fiancee did, I would have reacted very negatively.
    The fact that she cried in the end shows that she is only human, but to endure such a horrible interview like that, I can tell she is very strong. This is why I keep repeating that something HAS TO BE DONE about the arbitrary power that these CO's posses. It is UNACCEPTABLE to treat people like this.
    Every time I hear stories like these I get this knot in my stomach imagining ourselves going through that, I honestly wouldn't think I could handle it. My cousin's wife passed out in the middle of their interview, I think she suffers from low blood sugar or something, I can't remember. Imagine someone with a heart condition or something going through that.
    I'm glad everything worked out for you guys and hopefully you won't EVER have to go through that again. The best of luck to you guys and congratulations!
  12. Like
    Ian H. got a reaction from JimmyHou in 13 traffic tickets and applying for N 400 Naturalization - Very Worried   
    By the way, the application asks if you've ever been cited, detained, arrested, etc by an officer of the law, you would answer yes, because traffic tickets are citations. You would just attach an explanation to the the tickets you received and which times you were pulled over. Same thing on the day of the interview.
  13. Like
    Ian H. reacted to landr in K-1 : I-485 : I-130 : Married 2 years : Have child   
    Ah yes, you're right Ian. To request a fee waiver with an I-485 application, the OP's wife would need to adjust status based on the following categories:
    http://www.uscis.gov/sites/default/files/files/form/i-912instr.pdf
    OP - looks like you're out of luck on the fee waiver.
  14. Like
    Ian H. got a reaction from landr in K-1 : I-485 : I-130 : Married 2 years : Have child   
    Only certain classes of immigrants can qualify for a fee waiver for the I-485. They can however apply for a fee waiver for the I-751 if they qualify.
  15. Like
    Ian H. reacted to Hypnos in Not RFE, Denied   
    You'll either receive an RFE, NOID, or a straight denial. You should hope for one of the first two, but ultimately it will be up to your adjudicator.
  16. Like
    Ian H. reacted to belinda63 in K-1 : I-485 : I-130 : Married 2 years : Have child   
    Not sure how you reduced the fees: I-751=$590 and the I-130=$420 (savings of $170) but she has to have a new medical exam which is not covered by insurance. Plus any fees incurred if she has to attend immigration court proceedings.
  17. Like
    Ian H. reacted to Lainie B in Health insurance/medical care for K1visa holders after they marry their U.S. fiance(e)   
    Not automatically, but he can submit the paperwork at his work to have you added to his insurance policy. Usually there is a 30-day period after a life-changing event (such as marriage) where individuals can be added. If you miss this window then you will need to wait until the next open enrollment period, which is usually December or January, but varies with insurance policies.
  18. Like
    Ian H. reacted to Darnell in Names on a Green Card, names on a Social Security Card   
    ok - lets play 'the path of naming'.
    First - there's a name on the passport.
    Then there's a name in the visa foil.
    With much luck and the blessings of Odin - these two names match.
    When you come across at the POE, and hand over the visa packet that you hand carried,
    a human in the backroom does some data entry work, inputting your name into the SAVE database system.
    So, when / if you go in to apply for a SSN at a SSA office, a lookup in the SAVE database is done by A# or visa name. If you not go in, your SSN card arrive without applying in USA, then that name stored in the DS-260 is used.
    So, come time to print the Green Card, they are supposed to use what's in the DS-260, which is supposed to match what's printed in the VISA foil, which is supposed to match what's in the passport.
    Where do you think the anomolies occured?
  19. Like
    Ian H. got a reaction from landr in K-1 : I-485 : I-130 : Married 2 years : Have child   
    Hi,
    Your timeline says you have been married since January 2014, yet you say that by the time you file AOS you will have more than 2 years. That said, when do you plan on doing AOS?
    While the important thing is that you marry within 90 days of POE, you shouldn't take that long to do AOS because your wife is accumulating unlawful presence unnecessarily. Yes it is forgiven with AOS, but like mentioned before, there is always a risk, however small. Plus that she can't work, travel, qualify for tax credits, health insurance and other things in most cases.
    There is no avoidance of these fees and they don't make exceptions to them for having a child. As a matter of fact by waiting to do AOS, you added another member to your household which means that you need to make more income than you would have before.
    When you decided to sponsor your wife for a K1 visa, I'm sure that you were aware that this a lengthy and expensive process. It is understandable that you are trying to find a way to save money so I am not judging you, but I should make you aware that by waiting, you have made the process more expensive for yourself.
    Like I said, by having a child not only do you need to make more, but you now have the expenses for a child to worry about on top of the AOS fee, and your wife will need a new medical since the one she had is expired.
    Please try and submit the AOS as soon as you guys can. You don't have to pay or submit an I-130 because your wife entered with a K1. The fee for the AOS is $1070, plus the cost of a new medical (which can vary), the rest is obtaining the other docs you need for the package which can vary. Good luck.
  20. Like
    Ian H. got a reaction from westslidestory in Need help filling out I-864W for my son (3 years old)   
    The form is for your son, therefore all of the info is about him. You would put his name, his address, etc. You sign his name and you write "father" next to it in parentheses.
    For example, Name of Son Signed By You (father)
  21. Like
    Ian H. got a reaction from westslidestory in Need help filling out I-864W for my son (3 years old)   
    That's how parent-minor child docs are signed. If it were the mother, the word "mother" would be in parentheses. Usually if the child is old enough to sign his/her name, he/she can do it themselves.
  22. Like
    Ian H. got a reaction from Dancingfool in I-129F Form, Part 1, Q 14 "Have you ever filed for this or..." ???   
    Sorry, I was using the I-130 as an example because the I-130 asks if you have filed a petition for any relative. The I-130 is used for a spouse, in addition to other kinds of relatives.
    The I-129F asks specifically if you have ever filed for a fiancé and/or spouse. It doesn't specify if you have ever filed an I-129F only, therefore you have to interpret the question based on the relationship (fiancé or spouse).
    What does this mean? Simple. If you have ever filed for either a fiancé and/or a spouse in the past you have to answer yes, regardless of whether it was an I-129F or an I-130.
  23. Like
    Ian H. got a reaction from Kolewenoik31 in Interview from HELL!   
    I'm very very happy for you guys that you were able to get approved in the end. Our interview had some red flags, but it was nothing like that. I would NOT have been able to comport myself in the way that your fiancee did, I would have reacted very negatively.
    The fact that she cried in the end shows that she is only human, but to endure such a horrible interview like that, I can tell she is very strong. This is why I keep repeating that something HAS TO BE DONE about the arbitrary power that these CO's posses. It is UNACCEPTABLE to treat people like this.
    Every time I hear stories like these I get this knot in my stomach imagining ourselves going through that, I honestly wouldn't think I could handle it. My cousin's wife passed out in the middle of their interview, I think she suffers from low blood sugar or something, I can't remember. Imagine someone with a heart condition or something going through that.
    I'm glad everything worked out for you guys and hopefully you won't EVER have to go through that again. The best of luck to you guys and congratulations!
  24. Like
    Ian H. reacted to aleful in K-1 : I-485 : I-130 : Married 2 years : Have child   
    hi
    you don't need the i130, if she came on a K1, you send the adjustment of status without the i130
    no exception, having a child doesn't change anything, those are the fees.
  25. Like
    Ian H. reacted to belinda63 in K-1 : I-485 : I-130 : Married 2 years : Have child   
    Not caring about the green card implies you don't care about your wife. She is out of status and subject to detention and deportation at any time. She will also, as you are aware, have a 10 year ban from entering the US if she ever leaves. In addition to this she cannot legally work or conduct certain activities that most of us take for granted. Having a USC spouse or child does not convey any immigration rights or benefits to your wife. Repeat: She is subject to detention and deportation at any time.
    Aside from that what would happen if something happened to you? How would she take care of herself and your child?
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