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Nat&Amy

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Everything posted by Nat&Amy

  1. I agree it is important. But RoC and naturalization are two different beasts and for the latter what OP needs to focus on are things such as marital union, physical presence, continuing residence and etc. If they are planning to get their citizenship asap these are the things that will make it or break it. An unadjudicated RoC is not something OP can control, those other things are.
  2. How long USCIS will take to process OP's RoC is not something OP can control. She might apply as soon as her window opens and have her case gather dust for two years. She might apply two months after window opens and have it done in five months. Therefore, delays caused by an unadjudicated RoC are not the result of OP'd actions, can we agree on that? I never said OP doesn't need to apply for RoC. But her applying for it does not affect her citizenship timeline. I stand by what I said.
  3. Removal of Conditions does not affect Citizenship timelines. It needs to be done, yes, but I don't see how focusing on it instead changes anything for the OP. OP, you could always apply for a reentry permit if you plan to spend an extended period of time abroad but be aware that the amount of time you stay out of the US might affect your ability to apply for citizenship and that would potentially delay your citizenship process even more. https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization
  4. I second this. Speaking from recent experience (October last year), it was a straightforward process from beginning to end. From my first contact by phone to getting passport in 24 hours after appointment, they were nothing short of helpful and accommodating (LA office). Again, it is worth repeating. This is NOT the expedited service. Post offices don't even play a role. The whole thing is done through Passport Agencies. OP, here is what I recommend you do: 1. Look up timelines of your field office here on VJ. I found out mine did same day oath because the date of interview and date of oath were the same for many members. 2. If they do same day oath, plan to gather everything you need for the URGENT TRAVEL passport processing, so that you are all set when your 14-day window opens. 3. Call Passport Agencies and schedule an appointment. If the nearest office doesn't have availability, try another. In your case, seems like a minor hassle compared to cancelling your trip abroad or rescheduling oath ceremony, which I would not recommend.
  5. That's not what you said in your original post. It's difficult to give you accurate advice when there are so many moving parts in your story. No one said it was illegal. My point was: when you were granted a five-year visa to do a Master's, there were several things considered in that decision: your program, the university offering you admission, the costs involved. The risk profile of students applying for a Master's is different from those applying for ESL. So, the moment you switch schools and downgrade your program, of course you get more scrutinity. And depending on the school you're going to, yeah, you might have to answer questions about how exactly you plan to fund your Master's if cost was decisive in your decision to change language schools. Or you might not have to answer any questions at all. It's impossible to predict what CBP will say or do, so the only advice anyone can offer is to be honest and succinct. Don't volunteer information, and be prepared.
  6. I really hope OP wasn't working in the US while studying. I also agree with what you said about how bad it looks to transfer from a Master's to an English school, especially when we know of all the visa mills out there. I should know, because I was invited to work for one and it's really quite the scheme... OP, nothing to do but try. Just remember: whatever CBP asks you, answer truthfully. Do not volunteer information, be clear and concise. I imagine you have a deadline to start your Master's? A conditional offer doesn't usually last forever.
  7. I have been in VisaJourney long enough to know that a LOT of K1 cases end up poorly - from the ones that are processed super fast to the ones that take years. I see three problems with your argument: 1. Video chatting and meeting every now and then for two years is very, very different from living together, sharing bills, problems, priorities, cultural differences, spending time with relatives you might or might not like, and other routine grievances. So, choosing a K1 to spend more time doing long distance does very little to tell you how successful married life will be with that person. 2. The idea that a scammer would not be willing to wait two years to scam for a green card is wishful thinking at best. Time and again we see stories of people that do a complete 180 when they set foot in the US after YEARS of relationship, fiance visa and spousal visa alike. 3. The K-1 is financially problematic, perhaps not for you, but for many that overlook the real costs of having to adjust status. It's not just the fees, but living on one income for an extended period of time, the draining of savings and the inability to get a DL or to travel abroad for a family emergency, for example. All of those can really strain a relationship - a quick search here on VJ will confirm that. Sure, each person has their own priorities but there is nothing intrinsically good about a K1 visa. It does not bind you into marriage until it's issued, sure, but it does not give you any predictor of what marriage life will be like either. That's the risk one chooses to take when entering an international long-distance relationship. No marriage comes with guarantees, not even local ones, so choosing a K1 just "to be sure" you're going to last is not an option I would recommend, for the reasons I mentioned above.
  8. Some embassies give applicants a harder time than others. I don't entirely agree with the overall opinion here that your application is likely to be denied. There's no way to tell and, as another member pointed out, I have seen predictions here turn out entirely wrong. At the embassy, they will look at the totality of your application and a denial might require a combination of inconsistencies. I would argue that a term of endearment (however inappropriate for the circumstances) might be taken less seriously than showing pictures of an engagement ceremony. And again: embassy. Each has their own way of going about K1s. For now, take a deep breath. And keep us updated!
  9. OP, you understand that a visitor visa is for visiting, right? Sure, by all means propose, but plans like yours are the reason why it is so difficult for citizens of some countries to get a non-immigrant visa these days.
  10. This, right here. And also, what does ASAP mean? Today, tomorrow, in one week? Have tickets been bought yet? Last October I was able to get an appointment in three days before my trip and got the passport in hand the next day. Call 8774872778 and inquire, much better than trying serendipitous ways to leave the country without the right document to get back in.
  11. Assuming the oath has been taken and husband is indeed a USC: make an appointment for "urgent travel" at a passport agency within 14 days of travel. Depending on his location, he is likely to get his passport either on the same day or the next day of the appointment. If he is a citizen, forget the green card. It is no longer a valid travel document.
  12. OP, the way you phrased things, the whole plan hinges on your parents coming to the US on a visitor visa to "help you with postpartum" and then waiting until you become a citizen so that you can apply for their GC. Obtaining a non-immigrant visa to enter the country with immigrant intent is illegal. Don't do that.
  13. The question about your absence might never come up, but in case it does, you need to be prepared to answer. I can see it is a difficult and traumatic experience for you but remember, much of what happened was beyond your control and CBP let you in (after your truthful answers to their questions). It is not like you re-entered the country illegally or misrepresented yourself, so take a deep breath and be confident. You will be fine!
  14. As someone who recently had my citizenship interview, I can tell you that they were not only interested in my life post marriage, but in all my previous visas and visits to the United States - like, all of them, from much before I even met my now wife. I applied under the 3 year rule, so from what I gather those cases tend to receive more scrutiny than 5 year based ones, but even so, they are still allowed to ask about travel and visa history, as well as anything else they might want to. And if they do, be honest and succinct. You do not need to go into detail unless asked but always, always answer truthfully.
  15. But your appointment is for the office in Nevada, not just a time slot to be filled by you in any location of the US. You will not be treated as an appointment in Rhode Island simply because that's not where you've been scheduled to appear. Sure, they might still see you, but as a walk-in. Like everyone else here, I would discourage you from waiting until the date shown in your letter. Go now, and if they say no, call to reschedule. It's applicants that need to change their plans to suit USCIS, not the other way around.
  16. What appears to have changed is the health of petitioner. Meaning that if originally there was one source of income, now there is none? Savings can go fast and it might be worth considering if the inability to work at this new scenario would do more harm than good.
  17. Agree with others. If he was let in, intention is most likely water under the bridge. More important question has to do with finances, with you in recovery and he unable to work. I hope he is not planning to work remotely for his employer abroad to make sure his income will continue in the US - working (remotely or not) is not allowed until he has an EAD or GC. The financial strain AoS puts on couples is very often overlooked.
  18. Except that before OP had explained he wanted them to be in the US to help with the children. Not to study. Not to travel around. Is there a visa for that purpose? To keep them here for a "few years" taking care of children? No. Definitely not a student visa. The fact you know people that have obtained and (possibly misused) one does not justify recommending it as a legal means to come work in the US.
  19. May I ask why you chose the K1 route? I get the impression not many are aware of its shortcomings. In addition to increasing waiting times, then there's the whole ordeal of AoS. Unless you two have very specific circumstances, it just feels like such a waste of time and money. But to answer your questions: other than approval, you only get notifications for confirmation your petition was received, or for a RFE. The second one might or might not delay your process (it generally does), but if you submitted all the docs required, a RFE is unlikely. I did the K1 pre pandemic and the wait to get the petition approved was very long 7 months. These days, with all the backlogs, it night be longer. K1 is not a priority category anyway. It's a subpar visa that confers no benefits to your future spouse when they get to the US. If money is not an issue, I would recommend getting married and applying for a spousal visa instead.
  20. As someone who's "been there, done that", my first advice is: take a deep breath. AOS is a long, long process. I know how expensive it is to live in California (with only one income, no less), and I will tell you that these coming months are going to be tough. So start right now by adjusting your expectations and doing some real financial planning. You don't have to file as soon as you get your marriage certificate in hand. Should you? Yes, especially if you are already assembling the package and will have things ready to go when the certificate comes in. There is no advantage in waiting. Even if your spouse is still within the 90 days, one month of delay filing means one extra month your spouse remains unable to work and help relieve the financial burden of your household. Huge, huge disadvantage of coming here on a K1 that tends to get overlooked all the time, and it puts a huge financial and emotional burden on both sides. After 90 days, if you have not filed for AoS, your spouse will have no legal status or authorized stay. Marriage alone offers no legal protection. Your spouse will be out of status and you don't want to live with that kind of stress. While there is no guarantee that filing as early as possible will get your spouse an EAD/ GC faster than others (no consistency as to how or why some cases take 4 months, and others 10, for example), at least you will know you did what you could. I would recommend "panhandling" now and be done with it rather than waiting for finances to improve and risk other less than ideal scenarios. Good luck!
  21. Just passing by to share my experience, in case there are others in a similar situation. In the end of August I received the notice my citizenship interview had been scheduled for October 6th. Local office was San Bernardino and, from other timelines, I saw they were doing same-day oaths. Great! Only one caveat. Last year I booked an international trip to celebrate our anniversary, and we were supposed to leave on October 14th. With a same-day oath, I would no longer have my green card to travel back to the US. I did as other VJ members recommended and got in touch with the Passport Agency line to try and schedule an appointment, and was lucky enough to get one in LA for October 12th. Mind you, I called them exactly after leaving my oath ceremony on Oct. 6th. The passport was ready for pickup today at 1pm! Success. So if you have an international trip coming up and are in the limbo post-oath, I sincerely recommend contacting the Passport Agency service before giving up hope. From beginning to end they were very accommodating and courteous. I'm not going to lie, having no passport the night before our trip was SUPER stressful but I'm glad it worked out in the end. (And the passport is the next-gen one, very nice!)
  22. No one wants to be separated from their family, but that's immigration for you. It comes with a cost (both financial and emotional). Better leave sooner than later, trigger the ban, and just let it run its course. Then by the time a visa becomes available to him, he can join his family again (lawfully).
  23. Case Filed: February 13, 2022 3-year marriage based Interview Scheduled today Interview date: October 6, 2022 San Bernardino office Good luck to all February filers! If you haven't received your interview notice it might be coming soon.
  24. It might come down to dates. If your divorce decree shows that your marriage was over in February 2021, it will definitely cause you problems because USCIS will see that your Removal of Conditions was inedequately approved, since it was based on marriage to a USC and at the time of approval that no longer applied to your case. If your decree states your marriage ended after July, you might not have issues at all. Regardless, such a big change in circumstances (end of marriage) should have been reported, no matter how much bonafide evidence you presented. That said, yes, RoC with divorce waivers have a tricky timing. It is true that you should notify immigration of a divorce but when they issue an RFE requesting the decree it's not as if you have all the time in the world to submit it. And if you don't submit it, you get a denial. At the same time, you don't want to risk having it approved with incorrect information on file, because it is likely to cause you problems in the future.
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