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afrocraft

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  1. Like
    afrocraft got a reaction from RudelCraig in Filing I-751 After two rocky years of marriage   
    If you can file a joint petition (i.e., your wife signs the petition as well) and, as it appears, can provide documentation of the four main areas of bona fide marriage (cohabitation, financial co-mingling, shared experiences and planning for the future), why does USCIS need to know about your marital challenges?
     
    You should only tell the government enough to get the benefit you're applying for, but not a single word more. Your goal is to show you have a bona fide marriage, not a blissful one.
  2. Like
    afrocraft got a reaction from BRgirlUS in 100 days after the exam and counting.   
    USCIS has 120 days to issue a decision. You can help them along by seeking case updates as follows:
     
    Day 30: Send them a message via secure message (which would leave a record on your file) or call try to speak with a tier 2 officer
    Day 60: Send them a message via secure message
    Day 90: Write your field office a letter, delivered via certified mail, and reminding them of the 120 decision deadline. Contact your Congressional rep for case assistance.
    Day 120: Write your field office a letter, delivered via certified mail, asking for a decision. Contact the CIS Ombudsman for case assistance. Consider initiating a lawsuit.
  3. Like
    afrocraft got a reaction from MyNameIsEarl in the stressful "Decision cannot yet be made about your application"   
    Have you ever yelled at your partner? Said something that makes them "uncomfortable"? Apparently, even you are a domestic abuser now. You should turn yourself in.
  4. Like
    afrocraft got a reaction from MyNameIsEarl in the stressful "Decision cannot yet be made about your application"   
    We should be really careful about judging a case without knowing the facts. By definition, couples are frequently in personal contact, and whether "grabbing" someone's arm is illegal depends a whole lot on the facts and their history. Women do it to their male partners, too, but we don't often consider that DV, do we? Let's be careful here. 
  5. Like
    afrocraft got a reaction from sebastianshaw in the stressful "Decision cannot yet be made about your application"   
    Have you ever yelled at your partner? Said something that makes them "uncomfortable"? Apparently, even you are a domestic abuser now. You should turn yourself in.
  6. Like
    afrocraft got a reaction from gt1 in 100 days after the exam and counting.   
    Okay. It's a single sheet of paper that the officer should've handed to you immediately after the interview. The outcome -- recommended for approval -- would've be hand-ticked. 
  7. Like
    afrocraft got a reaction from sebastianshaw in the stressful "Decision cannot yet be made about your application"   
    We should be really careful about judging a case without knowing the facts. By definition, couples are frequently in personal contact, and whether "grabbing" someone's arm is illegal depends a whole lot on the facts and their history. Women do it to their male partners, too, but we don't often consider that DV, do we? Let's be careful here. 
  8. Like
    afrocraft got a reaction from Burnpro23 in the stressful "Decision cannot yet be made about your application"   
    We should be really careful about judging a case without knowing the facts. By definition, couples are frequently in personal contact, and whether "grabbing" someone's arm is illegal depends a whole lot on the facts and their history. Women do it to their male partners, too, but we don't often consider that DV, do we? Let's be careful here. 
  9. Like
    afrocraft got a reaction from Meli&Tommy in the stressful "Decision cannot yet be made about your application"   
    We should be really careful about judging a case without knowing the facts. By definition, couples are frequently in personal contact, and whether "grabbing" someone's arm is illegal depends a whole lot on the facts and their history. Women do it to their male partners, too, but we don't often consider that DV, do we? Let's be careful here. 
  10. Like
    afrocraft got a reaction from Miamidade in the stressful "Decision cannot yet be made about your application"   
    Actually, it won't count. OP is on firm ground here. No discretion is required: Nolle prosequi is not considered a conviction by USCIS. See USCIS Policy Manual Vol 12 Chapter 2 - GMC Adjudicative Factors:
     
     
  11. Like
    afrocraft got a reaction from randomstairs in the stressful "Decision cannot yet be made about your application"   
    Hold up. Why are most people so negative about the prospect of approval in this case? 
    Crime of moral turpitude? With no conviction?
    Here's how the USCIS Policy Manual defines a conviction:
    C. Definition of Conviction
    1. Statutory Definition of Conviction for Immigration Purposes
    Most of the criminal offenses that preclude a finding of GMC require a conviction for the disqualifying offense or arrest. A “conviction” for immigration purposes means a formal judgment of guilt entered by the court. A conviction for immigration purposes also exists in cases where the adjudication of guilt is withheld if the following conditions are met:
    A judge or jury has found the alien guilty or the alien entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt; and
    The judge has ordered some form of punishment, penalty, or imposed a restraint on the alien’s liberty.
    It is not always clear if the outcome of the arrest resulted in a conviction. Various states have provisions for diminishing the effects of a conviction. In some states, adjudication may be deferred upon a finding or confession of guilt. Some states have a pretrial diversion program whereby the case is removed from the normal criminal proceedings. This way the person may enter into a counseling or treatment program and potentially avoid criminal prosecution.
     
    If the accused is directed to attend a pre-trial diversion or intervention program, where no admission or finding of guilt is required, the order may not count as a conviction for immigration purposes. 
  12. Like
    afrocraft got a reaction from Back2Reality in Filing I-751 After two rocky years of marriage   
    If you can file a joint petition (i.e., your wife signs the petition as well) and, as it appears, can provide documentation of the four main areas of bona fide marriage (cohabitation, financial co-mingling, shared experiences and planning for the future), why does USCIS need to know about your marital challenges?
     
    You should only tell the government enough to get the benefit you're applying for, but not a single word more. Your goal is to show you have a bona fide marriage, not a blissful one.
  13. Sad
    afrocraft got a reaction from Cyberfx1024 in Should I wait?   
    Actually, the politics-free truth is this: He wanted a total ban on Muslims entering the US, then his advisers concocted a more limited ban and rationale that could hold up to legal scrutiny. But we digress...
  14. Like
    afrocraft got a reaction from CeeMu in Filing I-751 After two rocky years of marriage   
    If you can file a joint petition (i.e., your wife signs the petition as well) and, as it appears, can provide documentation of the four main areas of bona fide marriage (cohabitation, financial co-mingling, shared experiences and planning for the future), why does USCIS need to know about your marital challenges?
     
    You should only tell the government enough to get the benefit you're applying for, but not a single word more. Your goal is to show you have a bona fide marriage, not a blissful one.
  15. Like
    afrocraft got a reaction from TandClaudia in RFE’s 😩   
    Me too. K-1 is all about credibility. I would explain 1) each marriage, and why it ended, and 2) why you didn't include both marriages in the petition. You need to preempt the interview questions. Come clean, do it yourself, and do it early. 
  16. Like
    afrocraft got a reaction from redstripe54 in I-751 February 2018 Filers   
    On you. They don't care. You can go get a green card stamp on your passport. In addition, I would use that opportunity to press for action on the I-751 by contacting my Congressional rep for case assistance, and playing up the harm the delay is causing me. 
  17. Like
    afrocraft got a reaction from Team A Forever in refundable international ticket to expedite the passport process   
    This is weird. Why are you making up travel you don't intend to undertake? Most US passports are processed in 2-3 weeks.
  18. Like
    afrocraft got a reaction from Sarge2155 in RFE’s 😩   
    Me too. K-1 is all about credibility. I would explain 1) each marriage, and why it ended, and 2) why you didn't include both marriages in the petition. You need to preempt the interview questions. Come clean, do it yourself, and do it early. 
  19. Like
    afrocraft got a reaction from Dashinka in refundable international ticket to expedite the passport process   
    Still, on all counts: Can't deal with 2-3-week wait?
  20. Thanks
    afrocraft got a reaction from Cross32 in i-751 Taking too LONG   
    Apply for the N-400, since that's your goal. I-751 is low-priority for USCIS, so if there's even an issue with your application, like your country of origin or religion triggering "extreme vetting," you could be stuck for years. And you'll also likely have the same issue with the N-400, so let the delays run concurrently.
  21. Like
    afrocraft got a reaction from Randyandyuni in i-751 Taking too LONG   
    Apply for the N-400, since that's your goal. I-751 is low-priority for USCIS, so if there's even an issue with your application, like your country of origin or religion triggering "extreme vetting," you could be stuck for years. And you'll also likely have the same issue with the N-400, so let the delays run concurrently.
  22. Like
    afrocraft got a reaction from Mmagic in Traveling during removal of condition   
    Except for the potential to miss her biometrics appointment, no -- so long as you return before her conditional green card expires. And that appointment can be rescheduled.
  23. Thanks
    afrocraft got a reaction from bxb9 in Washington, DC Field Office Filers   
    Always. Certified mail.
  24. Thanks
    afrocraft got a reaction from Livingthedream in Should I wait?   
    Agree with the above. So the earlier you apply (but wait 3 months if you moved to another state), the sooner you'll become a citizen, and then any future travel bans will have little impact on you. Good luck!
  25. Like
    afrocraft got a reaction from geowrian in Request for Evidence (Continuous stay)   
    People were wrong to write OP's case off so easily -- the presumption of breaking continuity of residence <1 year is, by law, rebuttable -- but I wouldn't say it was "a simple case." I'm surprised USCIS accepted only affidavits, but glad to see OP show some creativity and make lemonade out of lemons.
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