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ConOfficer

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  1. Like
    ConOfficer got a reaction from belinda63 in I-485 Denied   
    She wasn't eligible to adjust status because she entered unlawfully. 
     
    You wasted your money on the I-485. You need to file for an I-601A waiver of unlawful presence and pursue consular processing. 
  2. Like
    ConOfficer got a reaction from LoveAlways2 in I-485 Denied   
    She wasn't eligible to adjust status because she entered unlawfully. 
     
    You wasted your money on the I-485. You need to file for an I-601A waiver of unlawful presence and pursue consular processing. 
  3. Like
    ConOfficer got a reaction from ShanghaiSurfer in I864 help   
    Just speaking from personal experience, if I have two people in front of me in the visa window I count both as members of the household. Thus 7. Though reading the OP again, it sounds like he is saying he has 5 dependents. Thus would 1+5+2 parents=8. 
     
    Agree that they are separate petitions, but I would still refuse one of the parents public charge and tell the family to get a sponsor. We don't have much discretion in reviewing affidavits of support but there is some room to apply common sense. 
  4. Like
    ConOfficer got a reaction from Crazy Cat in Visa for Mom   
    Stop before you spend any more money and schedule a tourist visa interview for her. 
     
     
  5. Like
    ConOfficer got a reaction from geowrian in B1/B2 cancelled, can I apply for k1?   
    There's no such thing as a one year bar under the Immigration and Nationality Act.
     
    212(a)(7)(a)(i)(i) is expedited removal, 5 year bar. Won't have any affect on K1 petition, but you would be refused at the interview in Juarez pending a waiver or expiration of the bar. 
  6. Like
    ConOfficer got a reaction from dwheels76 in Approved and Denied   
    There's no way I would give a B visa to a child whose step or biological parents are living in the U.S. 
     
    Almost certain 214b refusal when minors come in for a visa interview with their grandparents instead of their parents. If the parents are present but not requesting a visa that's different (eg, grandparents can take their gkids to Disney). 
  7. Like
    ConOfficer got a reaction from PRC Rabbit in Approved and Denied   
    There's no way I would give a B visa to a child whose step or biological parents are living in the U.S. 
     
    Almost certain 214b refusal when minors come in for a visa interview with their grandparents instead of their parents. If the parents are present but not requesting a visa that's different (eg, grandparents can take their gkids to Disney). 
  8. Like
    ConOfficer got a reaction from Teddy B in Approved and Denied   
    There's no way I would give a B visa to a child whose step or biological parents are living in the U.S. 
     
    Almost certain 214b refusal when minors come in for a visa interview with their grandparents instead of their parents. If the parents are present but not requesting a visa that's different (eg, grandparents can take their gkids to Disney). 
  9. Like
    ConOfficer got a reaction from NikLR in Approved and Denied   
    There's no way I would give a B visa to a child whose step or biological parents are living in the U.S. 
     
    Almost certain 214b refusal when minors come in for a visa interview with their grandparents instead of their parents. If the parents are present but not requesting a visa that's different (eg, grandparents can take their gkids to Disney). 
  10. Like
    ConOfficer got a reaction from Hypnos in Approved and Denied   
    There's no way I would give a B visa to a child whose step or biological parents are living in the U.S. 
     
    Almost certain 214b refusal when minors come in for a visa interview with their grandparents instead of their parents. If the parents are present but not requesting a visa that's different (eg, grandparents can take their gkids to Disney). 
  11. Like
    ConOfficer got a reaction from Shauneg in Approved and Denied   
    There's no way I would give a B visa to a child whose step or biological parents are living in the U.S. 
     
    Almost certain 214b refusal when minors come in for a visa interview with their grandparents instead of their parents. If the parents are present but not requesting a visa that's different (eg, grandparents can take their gkids to Disney). 
  12. Like
    ConOfficer got a reaction from Michael2017 in Officer makes decision before visa interview?   
    All opinions offered here are wrong. At every consulate I've worked at I've never seen an officer review proof of relationship before calling the applicant up to the window and starting the interview. It's true that I might take a look at the petition and see that the petitioner has been divorced three times or that there is a 40 year age difference, but I never make a decision before the interview. 
     
    As to tourist visas, there is no review prior to the interview. We know absolutely nothing about the applicant until they start talking. 
  13. Like
    ConOfficer got a reaction from Michael2017 in Visa Packet came in OPEN.   
    When I worked in Juarez we definitely cut the corners like that. I thought every consulate did it that way. As someone else mentioned, it's done so it's clear that there are only documents in the envelope.
     
    I've heard of many people that had the packet open up during their flight as well - I really don't think CBP officers care about the packet being open. Not that I'm recommending exploring the packet - there's nothing interesting in there. 
  14. Like
    ConOfficer got a reaction from Hurry&Wait in Tourist Visa for my mom and dad   
    I generally ask about all of their children, how many in the U.S.? How many in the Philippines? Do their other kids have tourist visas?
     
    If it seems like the majority of their children are still in the Philippines and they have good jobs (ie, the means to support their parents), I'm more inclined to say yes. Older people have a more difficult time adjusting to the U.S. A lot of IR5s (parents of US citizens) end up abandoning their green cards and moving back home. 
  15. Like
    ConOfficer got a reaction from Michael2017 in Divorces versus arrests   
    1) USCIS doesn't care how many times you've been divorced. As long as you were legally free to marry, that's enough for USCIS to approve a petition.
     
    2) A consular officer might be concerned about someone that has been divorced 4 times, particularly if the person has filed petitions for other partners (as you have). It suggests the petitioner might be receiving some compensation for filing the paperwork or that maybe they've been duped by former lovers. 
     
    3) It sounds like there are some issues here with age difference, religion/cultural differences, and maybe you don't share a common language. But it sounds like you've made a substantial investment of time. I wonder if your partner is doing the same? Has someone else filed a petition for him in the past? How many times has he been refused tourist visas? Is he still living with his "ex" wife and their kids?
     
    4) If they send the case back for revocation you can challenge that decision with USCIS, who will probably reaffirm. Theoretically the consulate cannot revoke again for the same reason (sham marriage). Maybe that's light at the end of the tunnel. 
  16. Like
    ConOfficer got a reaction from Abdeslam in Officer makes decision before visa interview?   
    All opinions offered here are wrong. At every consulate I've worked at I've never seen an officer review proof of relationship before calling the applicant up to the window and starting the interview. It's true that I might take a look at the petition and see that the petitioner has been divorced three times or that there is a 40 year age difference, but I never make a decision before the interview. 
     
    As to tourist visas, there is no review prior to the interview. We know absolutely nothing about the applicant until they start talking. 
  17. Like
    ConOfficer got a reaction from Jerielbrooks in How to change i 864 sponsor?   
    Have your wife bring the I-864 to her interview.
     
    Also, if your current income is above the poverty line you don't need a joint sponsor. It doesn't matter what your taxes say. Get your employer to write a letter detailing your current income and terms of employment and file that with the affidavit of support.
  18. Like
    ConOfficer got a reaction from Hurry&Wait in Divorces versus arrests   
    1) USCIS doesn't care how many times you've been divorced. As long as you were legally free to marry, that's enough for USCIS to approve a petition.
     
    2) A consular officer might be concerned about someone that has been divorced 4 times, particularly if the person has filed petitions for other partners (as you have). It suggests the petitioner might be receiving some compensation for filing the paperwork or that maybe they've been duped by former lovers. 
     
    3) It sounds like there are some issues here with age difference, religion/cultural differences, and maybe you don't share a common language. But it sounds like you've made a substantial investment of time. I wonder if your partner is doing the same? Has someone else filed a petition for him in the past? How many times has he been refused tourist visas? Is he still living with his "ex" wife and their kids?
     
    4) If they send the case back for revocation you can challenge that decision with USCIS, who will probably reaffirm. Theoretically the consulate cannot revoke again for the same reason (sham marriage). Maybe that's light at the end of the tunnel. 
  19. Like
    ConOfficer got a reaction from geowrian in Divorces versus arrests   
    1) USCIS doesn't care how many times you've been divorced. As long as you were legally free to marry, that's enough for USCIS to approve a petition.
     
    2) A consular officer might be concerned about someone that has been divorced 4 times, particularly if the person has filed petitions for other partners (as you have). It suggests the petitioner might be receiving some compensation for filing the paperwork or that maybe they've been duped by former lovers. 
     
    3) It sounds like there are some issues here with age difference, religion/cultural differences, and maybe you don't share a common language. But it sounds like you've made a substantial investment of time. I wonder if your partner is doing the same? Has someone else filed a petition for him in the past? How many times has he been refused tourist visas? Is he still living with his "ex" wife and their kids?
     
    4) If they send the case back for revocation you can challenge that decision with USCIS, who will probably reaffirm. Theoretically the consulate cannot revoke again for the same reason (sham marriage). Maybe that's light at the end of the tunnel. 
  20. Like
    ConOfficer got a reaction from Deleted_Account in Divorces versus arrests   
    1) USCIS doesn't care how many times you've been divorced. As long as you were legally free to marry, that's enough for USCIS to approve a petition.
     
    2) A consular officer might be concerned about someone that has been divorced 4 times, particularly if the person has filed petitions for other partners (as you have). It suggests the petitioner might be receiving some compensation for filing the paperwork or that maybe they've been duped by former lovers. 
     
    3) It sounds like there are some issues here with age difference, religion/cultural differences, and maybe you don't share a common language. But it sounds like you've made a substantial investment of time. I wonder if your partner is doing the same? Has someone else filed a petition for him in the past? How many times has he been refused tourist visas? Is he still living with his "ex" wife and their kids?
     
    4) If they send the case back for revocation you can challenge that decision with USCIS, who will probably reaffirm. Theoretically the consulate cannot revoke again for the same reason (sham marriage). Maybe that's light at the end of the tunnel. 
  21. Like
    ConOfficer got a reaction from Sunnyland in Divorces versus arrests   
    1) USCIS doesn't care how many times you've been divorced. As long as you were legally free to marry, that's enough for USCIS to approve a petition.
     
    2) A consular officer might be concerned about someone that has been divorced 4 times, particularly if the person has filed petitions for other partners (as you have). It suggests the petitioner might be receiving some compensation for filing the paperwork or that maybe they've been duped by former lovers. 
     
    3) It sounds like there are some issues here with age difference, religion/cultural differences, and maybe you don't share a common language. But it sounds like you've made a substantial investment of time. I wonder if your partner is doing the same? Has someone else filed a petition for him in the past? How many times has he been refused tourist visas? Is he still living with his "ex" wife and their kids?
     
    4) If they send the case back for revocation you can challenge that decision with USCIS, who will probably reaffirm. Theoretically the consulate cannot revoke again for the same reason (sham marriage). Maybe that's light at the end of the tunnel. 
  22. Like
    ConOfficer got a reaction from Abies in Officer makes decision before visa interview?   
    All opinions offered here are wrong. At every consulate I've worked at I've never seen an officer review proof of relationship before calling the applicant up to the window and starting the interview. It's true that I might take a look at the petition and see that the petitioner has been divorced three times or that there is a 40 year age difference, but I never make a decision before the interview. 
     
    As to tourist visas, there is no review prior to the interview. We know absolutely nothing about the applicant until they start talking. 
  23. Like
    ConOfficer got a reaction from Habibati & Habibi in Officer makes decision before visa interview?   
    All opinions offered here are wrong. At every consulate I've worked at I've never seen an officer review proof of relationship before calling the applicant up to the window and starting the interview. It's true that I might take a look at the petition and see that the petitioner has been divorced three times or that there is a 40 year age difference, but I never make a decision before the interview. 
     
    As to tourist visas, there is no review prior to the interview. We know absolutely nothing about the applicant until they start talking. 
  24. Like
    ConOfficer got a reaction from Abies in Officer makes decision before visa interview?   
    Totally incorrect. 
     
    USCIS does not investigate the relationship. They merely determine whether a legal or biological relationship exists on paper. The consular officer determines whether there is a legit relationship. 
  25. Like
    ConOfficer got a reaction from Hurry&Wait in Officer makes decision before visa interview?   
    All opinions offered here are wrong. At every consulate I've worked at I've never seen an officer review proof of relationship before calling the applicant up to the window and starting the interview. It's true that I might take a look at the petition and see that the petitioner has been divorced three times or that there is a 40 year age difference, but I never make a decision before the interview. 
     
    As to tourist visas, there is no review prior to the interview. We know absolutely nothing about the applicant until they start talking. 
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