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Elf reacted to HFM181818 in tourist visa reapply
why would you even consider misrepresenting your true employment status? Do you think that the COs are incapable of making a phone call?
The more clever you try to be, the more likely your attempts to defraud my government will be discovered.
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Elf got a reaction from ahiann8 in Traveling with green card in married name and passport in maiden name.
It's advisable to have the name on the plane tickets match the name on the passport. In fact, she may not be allowed to board the plane if the names don't match. There are many posts here on VJ about exactly that situation.
When re-entering the US, it's fine to have the married name on the green card and the maiden name in the passport, as long as she has a copy of her marriage certificate as proof of the change of name. Here's official confirmation of that on the CBP website.
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Elf got a reaction from Unidentified in HELP! EAD denied! :(
Exactly this. Filing has no cost, and there's no way to know for sure how long it will take for the OP to receive her green card, so it makes far more sense to file a new I-765 than not to file one. There's no downside to filing.
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Elf reacted to newacct in AOS Questions
Intermingling of finances is one of the more important evidence. Opening joint accounts. Putting each other as the beneficiary on each other's bank accounts, investment accounts, retirement accounts, etc. Also if you guys rent and live together, joint leases are good.
About changing her name, people usually change their name as part of the marriage. Since you have already married, you either did that, or didn't. (They probably asked you guys when you married whether each of you wanted to change your name.) If she did that, then it will say on the marriage certificate, and the marriage certificate will be proof of the name change. If she didn't do that, then she will have to change it later separately through a court.
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Elf reacted to Unidentified in HELP! EAD denied! :(
Well GC can take up to a year and EAD takes between 30-90 days...
Correct, but since it's free you should probably file for a new EAD.
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Elf reacted to Penguin_ie in Spousal visa - how long will it take?
It takes about a year, so it is extremely unlikely you get approved in time to fly back.
If baby is born abroad, you can do CRBA to get it a US passport, so it won;t need a visa.
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Elf reacted to Hypnos in can any one answer my questions with out an attorney cost
No.
The state has an interest in preventing people who have done some quite appalling and depraved things to the most vulnerable members of society - children - from continuing to do so with the federal government's blessing (by issuing an alien with a visa).
I have no idea whether or not you are one of these people, or what the exact nature of your crime was. If you can demonstrate to USCIS' satisfaction that you pose no threat to your fiancée then maybe you'll be one of the lucky few able to obtain a visa even with AWA issues. In general terms though, you won't find much support for those who commit sexual offences against minors, both on these forums or in the United States in general.
There is also (presumably) nothing stopping you from moving to the Philippines and marrying and living together there. And honestly, that may be your best/only long-term solution when it comes down to it.
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Elf reacted to Hypnos in SSN coming back as "invalid"
I actually had the same exact problem yesterday when trying to open a Capital One 360 savings account. My SSN did not "verify" in their system, so I had to call in and answer some of their questions. They couldn't generate any of those automated questions for me, so I was pulling up my .pdf of my social security card and ID card that I keep on hand for exactly this purpose, but she was able to ask me some other stuff which apparently validated it. Just call me pinnochio because I guess now I'm a real boy.
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Elf reacted to aaron2020 in Engagement Rings.. and Crossing the Border/Customs!
You should not rely on Judge Judy for the law. It's a TV show. It's entertainment.
Google "conditional gift engagement ring."
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Elf reacted to DaveNot in USCIS need to get their act together!
Have tried creating an account online? you can view the history of all case numbers you have. I had no tracking number for my ead too and it was just delivered and my status changed. However, with the online account I opted for texts and email notifications and they were accurate.
I'm for the expedition too, some people have had good luck due to high financial loss.
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Elf reacted to Katherine93 in Husband's I-765 got denied today
I think without a pending I485 it can be expected that the I765 would be denied.
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Elf reacted to Nich-Nick in Can the flu jab be avoided?
Flu season for USCIS starts Oct 1. At this point, you are past getting a shot recorded on your DS-3025 immunization form so no advantage to do it now really. Your form is already at the embassy and will then be eventually in your AOS file with USCIS. But say you get the visa and marry, and file AOS by the end of this year. Your AOS probably won't be approved by Mar 31 (end of flu season) which would require a shot. So as long as AOS is approved before next Oct 1 (new flu season) you should be fine without a flu shot. Timing is probably on your side.
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Elf reacted to Nich-Nick in Can the flu jab be avoided?
You can file for AOS in flu season without a flu shot.
Example those K1s who got all their shots recorded on the visa medical when it was not flu season. Their DS-3025 would have the waiver "not flu season" marked. That waiver stands, even if AOS is filed or adjudicated during flu season.
And as explained above, if the AOS is adjudicated when it is not flu season, then it doesn't matter if there was a flu shot or not, nor does it matter when the AOS was mailed off. So there are some timing loopholes to immigrate without a flu shot. Unfortunately timing during immigration is impossible to control.
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Elf reacted to Nich-Nick in Can the flu jab be avoided?
You don't have to have any shots to get a K1 visa, but getting all of them recorded on your vaccination sheet at Knightsbridge means you won't have to pay again for a civil surgeon in the U.S. to certify your immunizations for adjustment of status.
But let's say you got the Tdap and MMR accounted for on your Knightsbridge DS-3025, and varicella waived by stating you had chickenpox, but did not get a flu jab even though it is flu season. During adjustment of status if the adjudicator picks up your case to review/approve anytime between April 1 to Sept 30 (not flu season), then no flu shot is required. During that time window, the only adult shots that have to be considered are MMR, Tdap/Td, and varicella. If your timing gets lucky, then you could get by skipping the flu shot. But if things are slow with your AOS, then flu season 2016 could roll around before approval and you could be asked to get a flu shot either by RFE (if no interview required) or by your AOS interviewer. if you feel that strongly about it, then skip the shot and hope the AOS approval timing works out. If not then get the shot when they force you but keep in mind you would also have to pay a civil surgeon to fill out an I-693.
A few fun threads about civil surgeons from people who did not get shots done in advance of their visa medical.
http://www.visajourney.com/forums/topic/541758-i-693-merged/?p=7535232
http://www.visajourney.com/forums/topic/518446-civil-surgeons-what-a-joke/?p=7289206
http://www.visajourney.com/forums/topic/462793-medical-again-in-usa-due-to-incomplete-vaccination-record/
http://www.visajourney.com/forums/topic/461012-medical-exam-for-aos-after-k1/
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Elf reacted to KayDeeCee in Advance Parole
Yes, you leave it blank. At the bottom of page of 2 it states this : 'If you are applying for a non-DACA related Advance Parole Document, skip to Part 7'. See this post for more details > http://www.visajourney.com/forums/topic/539506-advance-parole-filling-out-the-form/?p=7510970
There is an example form here on VJ > http://www.visajourney.com/examples/INS-Form-I-131.pdf
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Elf reacted to KayDeeCee in Advance Parole
No explanation or reason is needed when filing the I-131 with a pending I-485 as an adjustment applicant.
An adjustment applicant does not fill out Part 4 stating a reason and purpose of their travels.
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Elf reacted to Hypnos in SSN coming back as "invalid"
It's likely related to your short credit history. I've run into similar issues in the past. It usually ended up with me having to fax a copy of my social security card and ID card to whoever I was having the issue with.
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Elf reacted to KayDeeCee in Engagement Rings.. and Crossing the Border/Customs!
It is yours for your own personal use. It is not a gift for someone in the US and you won't be selling it there. No need to declare it.
~ Moved from K-1 Process to Working & Traveling During US Immigration - topic is travel ~
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Elf reacted to Jojo92122 in can any one answer my questions with out an attorney cost
There is no "work around" for your AWA problem. You either deal with it so she can come here or you don't and she stays where she is - even if she is married to you.
More recent updates and stats for 2014 and 2015 is not going to change a 1% chance into something better since there has been zero changes on adjudicating AWA cases.
You have your choice of the K1 fiancee visa or the CR1 spousal visa. There is no other choice. Both requires you to deal with the AWA problem.
An immigration visa requires a qualified petitioner. You would have to be her qualified petitioner. No qualified petitioner = no immigration visa because there is no "work around."
Getting married in her country does also no a good "work around" because marriage by itself is not a reason to grant a spousal visa. You will end up with a foreign spouse that can not come to the US.
Getting married on Skype would not solve the problem (even if it was possible for an immigration benefit - which it does not). Marriage to a US citizen does not mean a person is qualified for a visa. She would still be stuck outside the US because of your AWA problem.
There is ONLY ONE SOLUTION to your problem. Get an attorney to address the AWA problem. If you don't address it, then there is no way you can bring a wife to the US. Being married is not going to get her an immigration visa to live in the US as long as the AWA problem is present.
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Elf reacted to Hypnos in not sure when or if my SSN is due (just arrived 2 weeks ago)
The SSA usually ask for your birth certificate for first-time applicants. They give it right back, and make their own copy.
I was asked for mine.
And yes, no appointment, just show up. There could be a wait, so go earlier in the day if you can.
If born in England or Wales you can obtain copies of your birth certificate from the General Register Office: http://www.gro.gov.uk/gro/content/
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Elf reacted to shanneykar in Mailing out AOS package tomorrow - my checklist (I130&I145 concurrent filing)
**I am very new but spent last 7 days on understanding this process. I am in the same process but waiting for my transcripts to send out the package.
So my review is not the last word**
**inside [ ] are exact lines from the corresponding form's instructions.
I131 [A copy of any document issued to you by USCIS showing your present status]
* So it needs a copy of your passport VISA page and feel it's better to add the I797A - Notice of action informing you your Visa approval.
Only above seems to be missing - Res of below are just tips or suggestions :
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I864 [if you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every
Form W-2 and Form 1099 that relates to your returns.Do not include copies of these forms if you provide an IRS
transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return
with your spouse and are qualifying using only your income]
Tips :
I130 [A copy of your marriage certificate] Certified copy is our original so you don't have to send but no harm sending it either except you paid to get it.
I130 [unless specifically required that an original document be filed with an application or petition, a legible photcopy may be submitted]
I130 "Petitioner's driving or social security card copy not required"
I485 "A copy of your marriage certificate is not required"
G-1145 "For phoe number, when typed in adobe reader it auto correct to include space, dashes and brackets But if you hover your mouse pointer over that field it says not to include them, So I am planning to write with black ink"
All writing, signature should be black ink
Tips: How to fill forms?
I130 [state that an item is not applicable with "N/A". If the answer is none, write "none."]
I864, I765, similar to I130
I131 [ If an item is not applicable or the answer is none, print or type N/A.]
I485 [if an item is not applicable or the answer is "none," leave the space blank.]
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My post with my checklist. My case is somewhat different but you can take a look if you would like.
http://www.visajourney.com/forums/topic/573809-checklist-aos-from-work-visa-h1b-final-version/#entry7879096
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btw May I know How long it took for you to receive your tax transcript?
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Elf reacted to Villanelle in Effects of Not Filing I-865 and AR-11 After Divorce
There are tons of threads online about this-
http://forums.immigration.com/threads/did-not-file-ar-11-for-change-of-address.221317/
http://forums.immigration.com/threads/urgent-help-please-ar-11-and-n-400-interview.260312/page-2
http://www.visajourney.com/forums/topic/257411-forgotten-to-file-ar11-now-have-to-file-i-751/
http://immigrate2us.net/forum/archive/index.php/t-75247.html
Bottom line is it doesnt really appear to be an issue. There are no threads/reports of people having a hassle from not doing it, although it can come up as an question in the interview- the simple response is the truth- that it was not realized it had to be done.
As long as they have the current address (which can be done by filing it now) you are okay.
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Elf reacted to baron555 in Same-sex, age differences and no family support k-1
Incorrect. Same sex marriage is legal in the US, regardless of religion. And the customs of the beneficiary's country do not apply to immigration to the US.
They will be applying for a visa at the US Embassy. The COs must follow the laws of the US and can not discriminate on the basis of religion.
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Elf reacted to SunflowerSweet in Same-sex, age differences and no family support k-1
That's.. not correct.
In the visa process same-sex applicants are treated exactly the same as non same-sex applicants.
While they may ask about the customs of the country in the interview, it is very much illegal for any US consulate officer to deny a visa based solely on that.
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Elf reacted to aaron2020 in Advanced Parole Due To Death of Mother
From the USCIS website: http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel
If you have been admitted as a nonimmigrant and have applied to extend the period of authorized nonimmigrant stay, or have applied to change to a different nonimmigrant status, you will automatically abandon the application if you leave the United States before USCIS makes a decision on the advance parole application. Receipt of an advance parole document does NOT prevent abandonment of the change of status or extension of stay application. Upon returning to the United States, you are likely to be denied admission if your current status has expired.