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Posts posted by heathius
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I don't think you should count on the USCIS fitting such tight restrictions with their processing. Theoretically, that might work, but I wouldn't bet on things like processing times. You never really know how long things will take when it comes to USCIS. Some people get lucky, some don't. I would have a contingency plan in place if you are going to take that risk.
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Because it's an easy fee that they can pocket.
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I believe you will also receive a letter in the mail stating where it was transferred to.
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Not sure if this is standard wording, but I wouldn't worry about it too much unless you run into any road blocks.
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Might not be a bad idea to schedule an infopass appointment to find out what your options are at this stage, but it seems you don't have the evidence to prove abuse. You may just have to pursue it as a divorce from a good faith marriage.
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For removal of conditions they are not concerned with financial support. They are concerned that your marriage is still ongoing and that you live in the same household. For removal of conditions you would have only been married for two years anyway, so it would not be possible to have more than two joint tax returns. Both would be better than one.
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We had our interview this afternoon in Seattle. We got approved, but didn't get the stamp because we have the EAD card. Yay!!
The person who interviewed us was very nice. He only asked us a few simple questions about how we met, had we met each others families, etc. He asked to see our evidence of relationship and photos as well, but that was about it. He submitted the approval through the online system while we were in his office, and the "card production ordered" email was waiting for us when we got home.
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Your K-1 visa is still in your passport, correct? The school should accept the K-1 visa itself as proof that you are not here illegally. My wife showed her passport with her K-1 in it, and the school accepted that as proof of status.
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Can't you show them your NOA2 letter from the K-1, or your NOA1 or interview letter from your AOS? This shows your current status with the USCIS.
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We just got an interview letter! Our interview will be on 07-18-07 in Seattle. Happy, but hoping we would get transferred to CSC. Please update us on the list.
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If there's a space on a form that asks "where else have you applied for a visa and what was their response," then you answer that question.
If they don't ask, where you do think one should give that information? And why? Include a cover sheet "just so you know, i was also denied here and here and here, but if you think it looks bad let me explain why it doesn't."
THAT would be a red flag to me.
Don't Answer Questions That Are Not Asked.
If I'm forgetting where such a question is asked, then by all means, answer with the relevant information.
But as I recall, there are some forms that ask "have you ever been denied a visa to the US?". Maybe I'm wrong, I can't quite remember.
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Good to know that they are moving along with some of the Seattle folks.
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I would have to side with Yodrak on this one. Nigeria is one of the toughest places for visas, so have your ducks in an overly neat row before get started. Although others have said that previous visa attempts are not taken into account, I think your case could come into question based upon the circumstances surrounding the denials. Since he obviousely tried to enter the country twice on a student visa for a primary purpose other than studying (to see you), this could raise some flags. It wouldn't surprise me if they tag him as someone who is fishing for a visa.
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You need to file the AR-11, and you should also call USCIS a few weeks after filing to make sure the address is indeed changed.
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Even if they activate the VWP in Bulgaria, and even if you are somehow able to make it on a plane to the US under the VWP (which would require an amazing amount of error by both the Bulgarian and US border officers and passport control), how does that solve your problem? You would then be in the US illegally again against a 10 year ban, with no intention to leave. Even if you then file for AOS, that will be denied and DHS may then try to find you for deportation (which could result in something worse than the 10 year ban).
Notice I'm using a lot of "even ifs" here. Do you see where we are all going with this? No offense, but you have to take responsibility for the consequences of entering a country illegally, especially if you don't admit the error right away and file a waiver as an offer for forgiveness. File the waiver if it is not too late, otherwise your SO should start preparing for a move.
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It is fine as long as she is there legally with the correct visas. My wife and I were living together in China during our K-1 process, and we filed from China. We had our interview in China as well.
Just some advice from our experience.... Be prepared to provide police reports, etc for her time in Singapore as they will be needed for the K-1. I don't know how difficult the process of obtaining stuff like police reports is in Singapore, but it was pretty difficult to obtain for a foreigner when we lived in China. Start looking into things like that early on so that it isn't a huge nightmare when you need it for the K-1.
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We got married in Mendocino county, and it took the county clerk about two weeks to get extra copies created and mailed out to us. But, this is Mendocino county, which is not heavily populated. You might be able to get it faster if you are in a county with a major city.
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I don't know for sure, but if the birth certificate hasn't changed or been updated in any way since the notarization, then I would think that it should be OK. As far as I know, Chinese notarizations do not have an experation date printed anywhere on them.
If you are really worried about it, then just get it re-notarized to be sure. If you are in a time crunch, you could just go ahead and submit the one you have. If it is really a problem, then the USCIS will send you an RFE requesting a more recent notarization.
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You are better off either getting married in Germany and then applying for a K3, or getting engaged and applying for K1 which will allow him to come to the US for the purpose of getting married (then you apply for a green card after that).
Many people from Europe get married in the US when visiting on the Visa Waiver Program (Germans don't need a tourist visa to visit the US), and many of them get a green card without a problem. But, technically you aren't supposed to do that, and it can lead to trouble. To eliminate that risk you are better off trying for K1 or K3.
If there is no intent to marry upon his last entry to the US, there is nothing wrong with getting married here and adjusting. Not even "technically." If there was something wrong with it, those people would not receive their green cards - that many people don't just slip through the cracks, it's written into immigration law that it is an acceptable way of adjusting status.
To the OP - if he wasn't planning on marrying you upon his last entry, you can get married here and file to adjust status that way. Any visa overstay or illegal work will be forgiven at AOS (which may or may not be relevant to you - I'm confused because you say he's on a tourist visa but tourist visas have no authorization to work so he is either working illegally or on a different visa).
Many people have successfully adjusted this way, and quite a few people stuck in the K1 or K3 process will say that they wish they'd married and did it that way when they had the chance. With either of those, it can be a lot of waiting.
Now, if he/you want to marry in his native country (and have that be the "real" legally binding ceremony, the K3 or CR-1 will be your best option. CR-1 makes the immigrant a permanent resident upon entry, with the K3 you then have to adjust status after entering the US.
This is true, but you have to be ready to show that was no intent. As long as you feel that you can produce enough evidence to show that there was no intent, then go ahead and get married and file for AOS. Otherwise you will need to do a K1 or K3 if you don't want to take that risk.
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You are better off either getting married in Germany and then applying for a K3, or getting engaged and applying for K1 which will allow him to come to the US for the purpose of getting married (then you apply for a green card after that).
Many people from Europe get married in the US when visiting on the Visa Waiver Program (Germans don't need a tourist visa to visit the US), and many of them get a green card without a problem. But, technically you aren't supposed to do that, and it can lead to trouble. To eliminate that risk you are better off trying for K1 or K3.
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The AOS, AP, and EAD applications require two photos each.
Send the most recent NOA2 letter. This just shows proof of current status.
The US citizen does not need to fill out a G-325A.
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You must say yes regardless. If you choose to lie about it and they find out, you will most likely be denied and maybe banned for a while. Chances are that they won't pursue it any further at all if you are truthful about it.
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The cosponsor will need to make enough to cover it.
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You might be able to get away with sending a photo copy, but I'm pretty sure it states in the instructions that it must be a certified copy. I would get the certified copies from the county office where you got married just to be sure. You can try sending a photo copy, but you might get an RFE asking for the real deal.
I-751 timing question
in Removing Conditions on Residency General Discussion
Posted
Good point about the walk-in biometrics ELW. You may want to check to see if the Miami office allows walk-ins for biometrics. That might decrease your risk a bit as far as getting everything done in the time window that you have. I would still have a contingency plan in case that doesn't work out. You just never know.