GP1977
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Posts posted by GP1977
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7 hours ago, SalishSea said:
The USC needs to file the petition- not you. A lawyer cannot help with AP. Syrians are heavily vetted, and there is no way around that.
If you are not married, you cannot be petitioned for a CR-1.
False. A lawyer can speed up AP in certain cases. The State Dept has a history of sitting on cases from certain countries - Syria being one of them. If the case is in extended AP - a lawyer can file a writ - that doesn't guarantee an outcome but will force the state department to make a decision. Check out Hacking Immigration law for real life situations where this applies.
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20 hours ago, Kseniia123 said:
I also got confused with our marriage certificate, it is my maiden name on it still. And I was advised to get court order documents showing my legal name change! Did you guys get that order from your court before traveling?
because what else I found out (I m not sure if information is correct) if I want to change my passports in Ukraine I must bring Court Order Documents… so I am confusedMy wife never changed her internal or international Ukrainian passport. She left it under her maiden name as its too much of a hastle.
We never changed anything on our marriage certificate. However, when she went to renew her Ukrainian International passport she did have to get the marriage certificate apiostled and there was a company that did this. this was becuase she did the renewal in the US and they wanted proof of living in the US - Greencard and Marriage certificate.You can also check out the link below
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16 hours ago, Kseniia123 said:
Hi everyone, please someone advise on my matter.
I married to US citizen and got my 2 years GC. I would like to go to Ukraine for 1-2 months to visit my family. While I am in Ukraine, Do I need to change my internal passport and make a new passport for traveling or not?Im confused ..
There is no information in my marriage certificate that I changed my last name. But all my ID, Green Card, Work Authorization and even military ID on my husband’s last name.
Will I face any problems reentering US or not?
And am I able to travel with my Ukrainian passport in maiden name in Europe???please share your experience.
and if you changed your internal passport, what paperwork you prepared before to apply for name changing in Ukraine. obviously to me that marriage certificate is not enough, cause it doesn’t state my new last name. Thank you 😊
1) You need to change your internal passport if you wish you change your international passport. It is a process to change the internal passport and my understanding that alone takes a few months. Its not a quick thing. You have to have your marriage certificate and its going to need an apostile on it.
2) If your GC is still valid you wont face any problems with re-entry
3) My wife is Ukrainian and prior to her becoming a citizen we took a handful of trips to Europe. HEr GC was in her married name and Ukrainian passport in her maiden name. As long as you have the biometric passport you wont have any issues. THe EU never asked to see her GC - just her Ukrainian passport when she went and exited customs.
4) Book the ticket under your international passport name - not under your GC name. She had global entry and this caused a slight delay sometimes but we were always about to use the fast line.
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19 minutes ago, Redro said:
IMO Yes DCF Still takes a few months to process so beneficiary might only arrive in US December: January
You are missing the point. Lets assume the offer letter was for start date in August of next year.
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1 minute ago, Boiler said:
Perhaps someone needs to index his episodes. Not me.
It is always coming up, and something he is very adamant about, I tend to fast forward or tune out the boring bits. He did mention Jim Rules recently, maybe that is a realisation that some of his absolutes are not quite there. It would be an odd week not for it to get a few mentions.
Ditto his 90 day rule which he now seems to have modified to 60 days.
The other one to check out is Brad Bernstein on Brad Show Live. NYC attorney in Manhattan and very direct and to the point. Much different style than Jim and doesn't spend nearly as long with the callers. Gets right to the point and moves on. Average call is maybe a few mts where Jim's can go on for 10+
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8 minutes ago, Boiler said:
He is on several times a week, this was his last one.
The I 864 and its notes? My reading is that there are 2 issues, you need to show your current income meets the requirements and that you have filed taxes, separate requirements.
Hacking always says you need to do both, you need to show that your last 3 year tax returns meet the requirements. As always it is a question of interpretation. I do not see people who to use your example have just graduated and now are earning $500k for a few months having an issue.
Very familiar with Hacking. Love him and love his hate for USCIS. I have been following him for nearly 6 years when he was filing writs of mandamus and people on VJ had never heard of anyone having success filing a write. And quite frankly many here thought the idea was a farse.
I have listened to quite a few of his shows and he admits he hasn't filed I864's in awhile, that he is not familiar with them, and that since his law practice has grown, he has other members of his staff now deal with them. Was curious if you remember where he said it specifically "3 Years required".
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1 minute ago, Boiler said:
They should not according to the regulations.
We can take this to a further extreme, which I do not agree with, our friend Jim Hacking will tell you that you need 3 years of tax returns showing this $500k
Do you have a source for the regs and Hacking?
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31 minutes ago, Chancy said:
Looks like you need to re-read what @carmel34 said. They did DCF. Unless OP is confused about their own process and posted in the wrong forum, this case is not DCF.
Yes, first-hand experience is valuable. I actually went through this CR1/IR1 process myself. So I suppose that makes what I said above super valuable, huh.
Let me ask you a hypo..
US citizen has no job, graduates medical school and completes residency. US Citizen has a job offer for $500K to be an Anesthesiologist that starts in December. US Citizen submits a p0etitions their foreign citizen spouse via spousal visa. All of the paperwork is in order and visa is ready to go subject to the I864 being approved? Is the CO signing off on the I864 even though the US Citizen doesn't have a job at the moment?
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3 minutes ago, Chancy said:
Looks like you need to re-read what @carmel34 said. They did DCF. Unless OP is confused about their own process and posted in the wrong forum, this case is not DCF.
Yes, first-hand experience is valuable. I actually went through this CR1/IR1 process myself. So I suppose that makes what I said above super valuable, huh.
Is the i864 standard different for DCF?
And did you try to use an employment offer when you submitted the i864 for your CR1 and it not work out? If so, firsthand experience would be valuable in this instance.
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2 minutes ago, Chancy said:
Yes, there are exceptions, but having a job offer is not one of them. The FAQ item you referenced even says that job offers are not recognized in place of I-864 and do not meet any I-864 requirement.
As for the OP's case in 2019, either we're not getting the full story about their previous I-864, or the consulate made a mistake in issuing the visa. It happens. But not a good idea to rely on that happening again.
You know that the I864 purpose is to overcome a public charge, correct?
Yes it doesn't satisfy the I864 requirement but overcomes a public charge.
The OP did this once already as did @carmel34
First hand experience is always very valuable.
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3 minutes ago, Boiler said:
As long as you have people with cash to buy
Pre-war many Ukrainians would go work in Europe for a good part of the year. Save Money. Repeat for a year years. Buy an apartment with cash. Actually most apartments are traded in USD, Second in Euro. Now they own it debt free.
It isnt sunshine and roses but outside of the frontlines it isn't what the media portrays. My wife's friend opened a salon 6 months ago and every day she is booked doing facials, massages, skin care treatments. Her schedule is booked two weeks out.
- StarLord22 and Jalan
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4 minutes ago, Boiler said:
Wonder what the property market is like, now there is a rabbit hole to go down....
Actually not as bad as one would think. My wife is originally from Ukraine and owns two apartments there. Most of the property there is paid for in cash because interest rates are so high for mortgages. When you have no debt to carry you aren't in a hurry to sell.
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5 hours ago, SalishSea said:
You will need US based income, eligible assets, or a qualified joint sponsor. Full stop. No exceptions. No job offers in lieu of those other things.
False. Not a FULL STOP and there are exceptions.
Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?
No, the law does not recognize offers of employment in place of the Form I-864. A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement.
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4 hours ago, Tochukwu obinma said:
Yes,she is older but u can never tell, she really looks good fr her age, yes was but not from someone local,someone abroad
Is your wife a Nigerian born citizen or US born Citizen?
If Nigerian, how did she obtain her US citizenship? Specifically, was it through Marriage to a US born citizen?
If through marriage to a US born citizen, did the two of you know each other prior to her getting married to a US born citizen?
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1 hour ago, .yana said:
How is the border agent going to know you're a Russian citizen if you show up with a passport from another country?
On a US passport on the biometrics page it has a line that says "Place of Birth".
The only reason you wouldn't be a citizen of that country would be if you renounced your citizenship.
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15 minutes ago, millefleur said:
Russia recognizes dual citizenship in that they don't care how many other citizenships you have, as long as you report it. You don't have to give up Russian citizenship to acquire another.
By contrast, I was under the impression Ukraine prohibited dual citizenship or acquiring another citizenship of any kind, but maybe things changed.
My limited understanding of Ukraine and dual citizenship - If you have citizenship from another country and wish to obtain Ukrainian citizenship you must revoke the other country citizenship first.
If you already have Ukrainian citizenship and obtain citizenship of another country - there is not a law against not reporting it (Unless you are in certain levels of the government) but the citizenship of the other country wont be recognized for conducting certain types of legal transactions in Ukraine.
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7 minutes ago, Boiler said:
That is how the UK deals with it, now UK unlike US and I believe Russia does acknowledge dual citizenship. US knows many of its Citizens are also Citizens of other countries obviously but requires them when entering to use their US Passport. There are theoretical penalties for not doing so.
It would maybe have been easier for her not to change her name and then everything would have lined up. But it is what it is.
She isn't worried about entering the US, would just show her US passport.
Was asking for people w/ experience in this situation not what would have been easier or not easier to do.
6 minutes ago, Dashinka said:Correct. We tend to describe it to others as dual citizenship, but in reality, Russia only recognizes my wife as their citizen, and similar for the US, but neither requires one to give up any other citizenships so my wife has two passports. And like Ukraine, it is a real pain to change a last name in a Russian passport.
Good Luck!
Thank you!
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12 minutes ago, Boiler said:
That sounds logical, if you present yourself as a USC you will get whatever USC's get.
Correct. Do you have experience w/ this?
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6 minutes ago, Dashinka said:
Similar situation in Russia, though when entering Russia, my wife presents both passports and she does not have any issues (maybe a 5 minute wait the first time).
Good Luck!
Thank you. I assume Russia also doesn't recognize dual citizenship?
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Asking for people that have firsthand experience with this.
My wife got naturalized on Monday and got her passport yesterday. She did have a question and I am sure others have experienced this.
Her Ukrainian passport is under her maiden name (and its a huge pain to switch it and would prefer not to because she owns two properties in Ukraine and doesn't want to have to change all of that paperwork)
She had a friend who had an identical situation (Ukraine passport - Maiden Name; US Passport - Married Name) and entered Ukraine under her American passport b/c the ticket was booked under her married name. Her friend joked and said yeah I guess I could only stay 90 days because I technically entered as a tourist.
How have others dealt with this situation in the past?
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20 hours ago, retheem said:
If you are saying you are unlikely to last that long, then you may want to re-evaluate your relationship then.
Is this is an immigration assistance website or a relationship/marriage counseling website?
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1 hour ago, Ray.Bonaquist said:
You must be perfect or married to Mr./Ms. Perfect. You’re talking a bunch of tosh. You don’t know why some married someone because they lied to an immigration officer?
This is exactly the kind of judgmental utterances by some American and westerners which aggregate me to no end. I’ve lived here for 22 years and Americans lie and cheat just like other nationalities.
Heck you even made a notorious liar, cheat and philanderer President and you judge a man for misrepresenting to an immigration officer? 😂🤣😂 Another one committed sexual acts with an intern and then lied about it. You must have forgotten? Another one lied that Saddam Hussein had weapons of mass destruction and then went ahead and bombed and destroyed Iraq.
No lying to immigration officers is not behavior to encourage but let’s not question someone for marrying someone because of something like misrepresenting to an immigration officer.
Of course Americans lie just like any other nationalities. However, corruption is much more rampant in African countries than in Western Countries. The majority of African's accept it as a normal way of life. The same couldn't be said for Western countries.
Also, the examples you mentioned are people who are not applying for an immigration benefit. Remember that there is nothing in the Constitution that grants someone from another country the right to immigrate here. Therefore, their needs to be a heavy vetting process and someone who has been caught in a material representation lie, shouldn't be allowed.
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19 hours ago, Jorgedig said:
I'll comment as I see fit, thanks.
Zero value add.
Do you think the OP is going to take unsolicited financial advice from a stranger on an internet forum when they didn't seek out financial advice? LOL
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On 10/2/2020 at 12:24 AM, Jorgedig said:
Not everyone can afford to bring over an immigrant. If I were in your shoes, I would wait until I had a more stable financial situation to bring over someone you will need to support for 6-9 months.
Are you a a financial planner? Was the OP asking for financial planning advice?
When someone asks a question, those who respond should stick to the question the OP asked. If they needed financial advice they would ask that or seek an appropriate professional.
Writ of Mandamus guidance
in US Citizenship General Discussion
Posted
Actually not what they said, read it closely and pay attention to the details. Either an immigration lawyer "or someone with firsthand knowledge of the process please."