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Ian H.

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  1. Like
    Ian H. reacted to LA NEGRA in K1 Relationship Struggles   
    I went though that, file for divorce & do not AOS. She has mo choice but to go home or stay ilegal. Sorry about your situation, i perfectly understand that feeling.
  2. Like
    Ian H. reacted to kzielu in K1 Relationship Struggles   
    Run.
  3. Like
    Ian H. reacted to Pitaya in mother in law tourist visa   
    It would have to be a visitor visa, the Dominican Republic is not a visa waiver country.
    http://www.esta.us/visa_waiver_countries.html
  4. Like
    Ian H. reacted to DarkKiss in CITIZENSHIP DENIED   
    I agree with several of the posts suggesting the help of a qualified attorney. Normally, I would never suggest an attorney but because of your Charge "Domestic Violence". Domestic Violence in the U.S. is now a very serious offense almost as serious as a felony. Even if it is downgraded to a misdemeanor assault, if it has the words domestic violence anywhere in your case, you will need professional assistance.
    In the State of Texas, Domestic Violence can not be removed from your record, even with the help of an attorney!!
  5. Like
    Ian H. reacted to DC85 in CITIZENSHIP DENIED   
    You should checked with a lawyer before you filed. I would consult with a lawyer about when you might be eligible
  6. Like
    Ian H. got a reaction from Phillip Kazuto in Form I-130 petition for wife   
    The child can only immigrate under the same petition as your spouse if you remain an LPR. If you become a USC, the child will need a separate petition and you would have to wait for that petition to be approved so that they can apply for their visas together. So if you know that you will apply for citizenship, I would submit your child's I-130 now so that it can be in process while you do your citizenship. If you will pursue the F2A route, then you can just add the child when the case is at the NVC.
  7. Like
    Ian H. got a reaction from Darnell in Form I-130 petition for wife   
    The child can only immigrate under the same petition as your spouse if you remain an LPR. If you become a USC, the child will need a separate petition and you would have to wait for that petition to be approved so that they can apply for their visas together. So if you know that you will apply for citizenship, I would submit your child's I-130 now so that it can be in process while you do your citizenship. If you will pursue the F2A route, then you can just add the child when the case is at the NVC.
  8. Like
    Ian H. reacted to KayDeeCee in EMERGENCY - Don't Have A-Number - Scheduled to Fly Tomorrow!   
    Not all K-1 visas have the A# printed on them. Some countries print it on the visa and some do not.
  9. Like
    Ian H. reacted to Ryan H in EMERGENCY - Don't Have A-Number - Scheduled to Fly Tomorrow!   
    Any fees related to the visa would have been paid prior to the interview taking place. The next fee that has to be paid is to start the Adjustment of Status process. The fee you may be referencing is a green card production fee that is paid by immigrant visa holders. Since a K1 visa is not an immigrant visa, such a fee would not be paid by a K1 visa holder.
  10. Like
    Ian H. got a reaction from JimmyHou in Do I have to renounce my US Citizenship if I become an Australian Citizen?   
    You cannot lose your U.S. citizenship by simple virtue of naturalizing in a foreign state. Any "expatriating act" has to be with the intention to lose your U.S. citizenship. If the person admits that his/her intention wasn't not to lose their U.S. citizenship, the same would suffice as evidence that they retain such citizenship. I think the following should clear things up and should help others in the future with the same question.
    Here is the link with the complete info:
    http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality.html
    Potentially Expatriating ActsSection 349 of the INA (8 U.S.C. 1481), as amended, states that U.S. nationals are subject to loss of nationality if they perform certain specifiedacts voluntarily and with the intention to relinquish U.S. nationality. Briefly stated, these acts include:
    obtaining naturalization in a foreign state upon one's own application after the age of 18 (Sec. 349 (a) (1) INA); taking an oath, affirmation or other formal declaration of allegiance to a foreign state or its political subdivisions after the age of 18 (Sec. 349 (a) (2) INA); entering or serving in the armed forces of a foreign state engaged in hostilities against the United States or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA); accepting employment with a foreign government after the age of 18 if (a) one has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA); formally renouncing U.S. nationality before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA); formally renouncing U.S. nationality within the United States (The Department of Homeland Security is responsible for implementing this section of the law) (Sec. 349 (a) (6) INA); conviction for an act of treason against the Government of the United States or for attempting to force to overthrow the Government of the United States (Sec. 349 (a) (7) INA). Administrative Standard of Evidence
    As already noted, the actions listed above will result in the loss of U.S. nationality if performed voluntarily and with the intention of relinquishing U.S. nationality. The Department has a uniform administrative standard of evidence based on the premise that U.S. nationals intend to retain United States nationality when they obtain naturalization in a foreign state, declare their allegiance to a foreign state, serve in the armed forces of a foreign state not engaged in hostilities with the United States, or accept non-policy level employment with a foreign government.
    Disposition of Cases when Administrative Premise is Applicable
    In light of the administrative premise discussed above, a person who:
    is naturalized in a foreign country; takes a routine oath of allegiance to a foreign state; serves in the armed forces of a foreign state not engaged in hostilities with the United States, or accepts non-policy level employment with a foreign government, and in so doing wishes to retain U.S. nationality need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. nationality since such an intent will be presumed.
    When, as the result of an individual's inquiry or an individual's application for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. national has performed an act made potentially expatriating by INA Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4) as described above, the consular officer will simply ask the applicant if he/she intended to relinquish U.S. nationality when performing the act. If the answer is no, the consular officer will certify that it was not the person's intent to relinquish U.S. nationality and, consequently, find that the person has retained U.S. nationality.
  11. Like
    Ian H. reacted to JimmyHou in Do I have to renounce my US Citizenship if I become an Australian Citizen?   
    The answer is that you will almost surely have no problems, but here's what the government says on this issue.
    For a US citizen:
    If you become a citizen of another country automatically (without applying), then you do not lose US citizenship.
    If you actively seek another citizenship and you apply for it, your US citizenship MAY technically be at risk.
    But this is something thst is almost never (if at all) enforced. I've never heard of any such cases.
    http://answers.usa.gov/system/templates/selfservice/USAGov/#!portal/1012/article/3399/Dual-Nationality
    "Loss of Citizenship
    You will not lose your U.S. citizenship if you gain foreign citizenship automatically, such as through marriage. However, you may lose U.S. citizenship if you voluntarily apply for foreign citizenship."
  12. Like
    Ian H. reacted to JimmyHou in confused please explain   
    Yes that link has all the necessary information. I'm not sure what your question is. As I said, US law does not recognize dual citizenship. But it doesn't disallow it either. So as you said, the US government doesn't really act on it one way or the other.
    From the link you posted: "U.S. law does not mention dual nationality or require a person to choose one nationality or another."
    As I said, there is no problem with US law. You just need to see if the Ukraine allows you to have two nationalities or not. If not the Ukraine (not the US) will take away the Ukrainian nationality.
  13. Like
    Ian H. reacted to Umka36 in What to do: incomplete vaccinations for AOS   
    Does your husband have health insurance? If he does, maybe those vaccines are covered. From our own experience, the two vaccination you mentioned were covered for my wife under my policy. Whomever you get the vaccine from, be sure to bring proof when you go see the Civil Surgeon.
  14. Like
    Ian H. reacted to aleful in urgent: cosponsor income   
    hi
    no, he need to do the i864 and attach not only the taxes but copies of his w2's. it needs to be his exact individual income as he earned
    if he is combining his income with his spouse, then he fills out the i864 and his wife the i864A, if not then he doesn't put any of his spouse's income on his i864. only his individual income, the taxes and W'2s
  15. Like
    Ian H. reacted to Gussy & Chany in President's Immigration Fact Sheet   
    Dear fellow VJ friends,
    I do feel glad for all those families who will remain united and those desperate illegal immigrants who finally can get their drivers license and a better more reasonable paying job.
    Most of us, can't work nor drive at the moment. Imagine how it would feel not be able to commute well whilst struggling paying your bills and taking care of your family (for at least six years). Moving forward for these people is almost impossible (literally and hypothetically). These folks might have been in a LIMBO status already for almost their entire life!!! That so in conflict with the principles and values of the constitution.
    I do agree that this legislation probably will not gone benefit us, but its definitely a more humantarily solution and long term human capital investment than keeping the status quo.
    Let's hope USCIS will increase their processing capabilities soon. My wife actually applied several times (she has the right degrees and background) but never got a reply .
  16. Like
    Ian H. reacted to ali1365 in President's Immigration Fact Sheet   
    As I read the sheet and the news, those families are not gonna get greencard. They are gonna get Visa for job for three years and they might be able to renew it though. So I dont think they are gonna affect people who are applying for green card!
  17. Like
    Ian H. reacted to clairegie in K-1 No meeting in person- only hope- Fiance in Gaza   
    Like the OP stated, she has a 2 year old that lives with her. Also, in Gaza, they control whether you are allowed to enter or leave the place. Very risky for her to come over without assurance that she can leave. I hope you are aware of how dangerous it is over there. Her safety is not a "low risk" situation.
  18. Like
    Ian H. reacted to kzielu in K-1 No meeting in person- only hope- Fiance in Gaza   
    Have to show you or him attempted to meet (either you trying to travel there or have good reason why you couldn't or him attempting to come to US / third country to meet) and were unable to do so. Saying that somebody told you something is unlikely to work.
  19. Like
    Ian H. reacted to dwheels76 in K-1 No meeting in person- only hope- Fiance in Gaza   
    All you can do then is file your K1 Visa with all the requirements documents and evidence of a relation with your letter of waiver to meet in person. Do make a compelling case and be sure you have your evidence to back it up. Don't assume they will be like "Oh I saw that on the news." They will want documented proof why you can't meet in a third country. Show how difficult it is to go there (look at the governments travel advisories as proof).
    Submit all that and hope for the best. God bless.
  20. Like
    Ian H. reacted to belinda63 in Expired VWP, married US citizen and filing AOS 4 years later   
    Is he aware of the consequences of his staying here for years out of status and at risk of deportation, not being able to work or drive? I know the love is new but you need to look at the future. If he decides to go home later because he can't handle sitting around the house all day being bored, he will incur a ban depending on how long he was here out of status. That means no VWP (if he stays past the 90 days), no tourist visa, and added time and expense when you file for the immigrant visa.
  21. Like
    Ian H. reacted to Pheebs1201 in Expired VWP, married US citizen and filing AOS 4 years later   
    Then I think the best thing would be for him to return home after you are married and file for a CR-1 whilst you consider/explore your options. It just seems safer.
  22. Like
    Ian H. reacted to JohnR! in Expired VWP, married US citizen and filing AOS 4 years later   
    I would urge you to file for his AOS as soon as you're married and get a co-sponsor to sign his I-864. The option is that being out of status he won't be able to work, thereby adding to your financial stress, not to mention a lot of complications to his situation if he should be caught by immigration.
    As there are talks of immigration reform, chances are that the USCIS will be harder on those who are here illegally and he may find himself in a deportation cell at any point during these 4-5 years.
    Good luck!
  23. Like
    Ian H. reacted to Boiler in Case Was Approved by USCIS   
    Could be good for CSPA
  24. Like
    Ian H. reacted to Volta-Region in Veteran seeking advice.   
    Thanks a bunch. I called them this morning and they said that i would get a check list if i don't send them a letter explaining why my income are none taxable. I'll Will Make Sure to strees That Those Have Been My Only source of income since 2011. Thanks a lot for the information.
  25. Like
    Ian H. got a reaction from Divs in deported with a lifetime ban on reentry   
    If he was deported, it's because he committed one of those crimes that don't qualify for a waiver, then it's pretty much over for him. Unless you're friends with Obama, seeing as he's the only one who can pardon him.
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