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mushroomspore last won the day on January 23 2019

mushroomspore had the most liked content!

About mushroomspore

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  • Member # 279346
  • Location Los Angeles, CA, USA

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  • Immigration Status
    Removing Conditions (approved)
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    Phoenix AZ Lockbox

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  1. As others pointed out, K3 visas are basically dead and a quick Google search will easily confirm this. Not sure why K3 is being asked about when your lawyer also did not mention the K3 in the previous comment where you quote the info they sent you. There is zero way for anyone (whether they have an immigration lawyer or not) to speed up the immigration process, no matter what visa type you are applying for. USCIS decides when to look at your case and there is no way for anyone to influence that. Sorry but there is no way around the wait time. And this is true whether you decide to bring your family to the USA or you decide to go to their country to live with them. That is just how it is.
  2. Then he's most likely going to lose his green card since he will basically be immediately moving to a different country and this goes against the entire point of having a green card. It's free to request an expedite on anything with USCIS, but it sounds unlikely to be approved. This is more of a timing thing for you guys and USCIS will not consider that an emergency or financial hardship.
  3. Tons of threads/posts about this will come up if you use the search bar. Ours was 3 hours past the scheduled interview time. About 5 questions asked (our birthdays, if we met each other's parents, marriage date). Officer did not ask for any further info/documents.
  4. 1. I'm personally unfamiliar with DCF so I will let someone else more knowledgeable comment about that. 2. Any documents proving financial co-mingling, co-habitation, travel together (boarding passes, flight itineraries with both people's info, etc), legal relationship to each other (listing each other as beneficiaries on any insurance policies), co-ownership of assets/property etc. are all considered very good evidence. Joint credit card and joint taxes are good. You don't really need to include things like chat logs, text messages, etc. Those are easy to fake and are not considered primary evidence. 3. I'm not 100% sure about this since I did not go through the IR-1 process. I'll let someone else comment on this to make sure you get correct info. 4. Well, the whole point of the IR-1 visa is that it is the only proof you will have that the US government has given you permission to move legally and permanently into the USA. So obviously, the only time you can move is after you get the visa stamp in your passport. 5. You guys sound like you should be fine. Lawyers are only really advisable for those with complex cases (illegal presence in the USA, intense criminal history, etc). If you are clean in both respects and can write/read English well, that's more than enough to DIY this process. This website is full of people who have been approved without lawyers. 6. It would probably be an annoyance to do that. I believe you can request your embassy/consulate to be changed after filing. But with COVID still technically ongoing and the resulting travel restrictions and the fact that it's always been somewhat difficult to get a hold of embassies/consulates, it sounds like an unnecessary complication to put upon yourself. You guys are going to quickly find out that communication with the immigration agencies is not easy or quick. So if you can stay put in Canada until you get the IR-1 visa, that'd be the absolute safest bet.
  5. If you did the AoS interview, it's unlikely you'll have to do the RoC interview. I did AoS too and my RoC was approved in less than a year with no interview. However, there are no guarantees and it's best to somewhat expect an interview just so you're mentally prepared in case they do call for one. I was very pleasantly surprised when our RoC approval notice came very suddenly and quickly because I was expecting at least a 50% chance that we were going to be called for an interview.
  6. The separation time does suck but there are other things to consider as well. After K1, your foreign fiance(e) (who will become your spouse) will not be able to work or to leave the USA for many months (expect 6-8 months until they receive the EAD/AP card). And then to get the green card can take more than a year after K1. This can drive a lot of people insane, especially people who are unfamiliar with the USA. Many immigrants experience culture shock, intense loneliness, a difficult adjustment. And this is even more difficult if the immigrant doesn't speak English and/or they are still learning English. I personally was lucky because I was living in the USA on a different visa before I ever even met my spouse and English is my first language. Emotionally, you want to be together and that's fine. But it is not necessarily true that ending the separation time will solve all of your problems either. At least with CR1, your spouse will have the ability to work immediately, to get to know new people through their job, to practice English more (if they need to) and the financial burden will be split between you both rather than it falling to one person for almost 1 year (which is what you have to deal with if you do K1).
  7. Yeah, sorry you got bad info from the accountant. There are threads every so often by people asking if they can get an ITIN even if they have never been to the US, have never worked in the US or had permission to work in the US, etc etc. The answer is YES. And it's not just you CAN get an ITIN, but you SHOULD and you MUST get an ITIN until you get an SSN. Best of luck! This is honestly a pretty minor thing, but it's still important, so good on you for looking into it instead of just letting it go.
  8. If you are married, then you are not single and cannot file that way. A quick Google search shows that immigrants (whether they have been in the USA or not) can easily obtain an ITIN. The following link was the very first result when I Googled, "Get ITIN for someone who has never been in the USA": https://ttlc.intuit.com/community/taxes/discussion/can-i-still-get-itin-for-spouse-who-has-never-been-in-us-for-2018-filing-and-file-as-married-filing/00/621357#:~:text=Yes%2C you can apply for,file as married filing jointly. And within that link is a link to the IRS' official website page about ITIN's: https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin
  9. Overall, there are less permanent residents than US citizens. That means that there are less petitions by permanent residents, which means they're able to get processed a little quicker. Not sure what's hard to understand about that.
  10. It says right there that they approved your I-751. Not sure what there is to be confused about.
  11. That PDF is from 2009 and it's generally best to wary of extremely old information pertaining to USCIS. By the simple virtue that you are legally separated at this point and have officially started the divorce process, it'd be misleading to file jointly.
  12. Very sorry to hear. Actually, it's a regular question here. Since the separation process has already started, it would be untruthful to file jointly. File as "divorced" with the explanation letter that you have recently started the divorce process and the other evidence (financial mingling, cohabitation, etc). But no need to go into detail about why you are divorcing. They don't have time to read everyone's stories about that and it doesn't really matter to them why you're divorcing. They understand it happens and if they suspected you of fraud, you would know it at this point. You most likely will get the RFE requesting the divorce decree, but when it comes, you can reply with whatever paperwork related to the divorce that has been processed at that point.
  13. I can't believe you guys have been waiting for that long. ☹️ I hope you guys hear something soon. Is she doing N400?
  14. CR-1/IR-1 are visas, which are handled by the Department of State. DoS takes care of immigration processes outside of the USA. USCIS takes care of immigration processes inside the USA, so that includes things like Adjustment of Status (initial green card applications) and I-751. So that's why the processing times are completely different as well as the fact that they are completely separate processes, period. Yes, I-751 interviews can take a long time to get a confirmed date/time. Yes, she can apply for citizenship even with a pending I-751. Most of the time, they will do a combo interview. But that is not guaranteed. You MAY have to do separate interviews. It just depends on whether the field office gets both files in time, etc. Again, MOST people get the combo interview, but you won't know for sure until you get the interview letter(s).
  15. Just because you're divorced doesn't mean you need the third-party affidavits.
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