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Starnexus

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Everything posted by Starnexus

  1. Missing or sloppy addresses won’t sink the case, but it can trigger delays or RFEs if things don’t add up. Do the best you can — recent, stable history matters more. Mom’s date of birth is required, so track that down.
  2. For a K-1 medical, the panel physician follows the CDC Technical Instructions. There isn’t a “menu” you can pick from it’s age-based requirements. At 24, they’ll look for things like MMR, varicella, Tdap, influenza (if in season), and possibly hepatitis B. If you don’t have records, the doctor will assume you’re unvaccinated and either test for immunity or administer the shots. Two practical points: 1. Yes, you can start locally. If you can get MMR, Tdap, varicella, etc. at a government clinic in India, it’s often cheaper than paying U.S. panel physician rates. 2. Don’t stress about completeness. You don’t need to have every series finished before the visa just documented as “started” or immune. Plenty of applicants show up with no records; it’s common. The key is either bringing proof of doses you do get beforehand or being ready for the panel physician to update everything during the exam.
  3. That's not accurate. What is true is that beneficiaries from certain countries receive additional scrutiny. It's not a racism thing, it's a data-based fraud prevention thing.
  4. Did you already file a k-2 petition for him? Focus on that first. This is an adoption law issue not a k-1 issue.
  5. Tourist visas for romantic partners are almost never approved, even less so for someone from a restricted country.
  6. Yes, you can marry a U.S. citizen and file I-485 while your K-1 is still pending. The pending K-1 doesn’t block you, but once you adjust through marriage the K-1 will just be administratively closed. The question is entry intent. If CBP believed you were coming on a visitor visa to see your fiancé and return, and you marry and file AOS right after, it can look like misrepresentation. Timing matters. The longer you wait after entry, the easier it is to argue plans changed. Order: marry first, then file I-485 package (with I-130). You don’t need to affirmatively cancel the K-1—it’ll die on its own once AOS is approved. Lawyer: not required if case is clean (no overstays, no prior fraud, no criminal issues), but if you’re nervous about the visitor visa entry vs. immigrant intent angle, paying for a review consult is smart.
  7. I'd say you may have a chance (depending upon your specifics) for a B1/B2. Since you have no intention of residing in the US with her applying for a K-1/CR-1 visa may not be the best route since it's technically visa fraud. Additionally the K-1 requires income except in cases of extraordinary assets which it seems you have. Also, you can only do two K-1s in your lifetime and the K-1 will take about a year to be processed at this point. I know someone who does difficult cases.
  8. Yes, the stated requirement is that you've met in person within the last two years. However, meeting only once prior to applying may cause your petition to receive extra scrutiny. Make sure you have plenty of solid evidence that your relationship is bona fide
  9. This could raise questions during the AOS process, but since the CBP officer let her in she shouldn't be denied. The date in the sealed packet often relates to how long the medical exam or underlying petition is valid, not necessarily her admissibility window. I recommend during your AOS ASAP just to compensate for any potential delays.
  10. A couple of things. Having 'quite a bit of money saved up' doesn't meet the income requirement unless we're talking about over $140,000. The USCIS generally requires income and they like to see a steady or increasing income not just savings. it's perfectly fine to use your parents address, you need to use a US address to help show that you two intend to reside in the US. You should consider a spousal visa instead. The DWI in 2012 won't make a huge difference unless there's a pattern of disorderly conduct Chinese nationals experience longer processing times due to background checks and other administrative processing so be prepared for that.
  11. Both partners must provide passport style photos, and they must be real photos not just copies. You can just send them to him and he can upload it if you're doing it online.
  12. If he overstayed he may have a 10 year bar. You'll need to check. If he is eligible there will be extreme scrutiny to make sure the relationship is bona fide and not just for immigration purposes. Most definitely would recommend a CR-1 rather than a K-1 in this situation.
  13. It depends on what the arrest 20 years ago was for. It's good that it was non violent but if it was a felony for sure...wire fraud, that's still very serious and you'll need to provide your arrest and court documents and character references. Then there's the that that you're on your second foreign wife. That's not necessarily a bad thing, sometimes things just don't work out but since you can only file two in your lifetime it'll still be taken under consideration. It's unlikely your K-1 will be on fast track approval unfortunately.
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