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milimelo

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  1. Like
    milimelo reacted to aleful in Does a derivative beneficiary need to file I-130 while in the US?   
    you aren't reading correctly. first the person has to qualify to adjust status in country. that is general information, but it does not say who qualifies.
    your brother isn't derivative. read, it's talking about the child of your spouse, not your parent's child, your sibling.
    it's relatate to a spouse and the spouse and child have to qualify to adjust status.
    your mom is an immediate relative, your sibling isn't because he has to wait over 10 years.
    read the guides that are on this forum to see who qualifies to file councurrently.
    she is not applying, you are applying for your mom and your brother, your brother doesn't qualify as derivative.
  2. Like
    milimelo got a reaction from VanessaTony in Invited to a USCIS Customer Feedback Focus Group   
    Absolutely go! If these are like any of the focus groups I attended, there will NOT be any USCIS reps there - this company is doing research for them. So definitely feel free to vent, share experiences freely - no downside to it.
  3. Like
    milimelo reacted to pushbrk in How to stop fraud in Fiance/Spouse Visas   
    First, you know nothing about my own case or my experience outside my own case except that you can see I've been a participant here for nearly six years, My wife and daughter received their visas over five years ago. This ain't my first rodeo and it ain't as few as my hundredth. No, I did NOT want obstacles removed from my path. Instead, I wanted to understand both the process and obstacles and deal with them the best I possibly could. I don't lack empathy but this is a thread titled, "How to stop fraud in fiance/spouse visas". SO, in keeping with decorum and etiquette, I attempt to keep my remarks focused on the subject of the thread.
    If you want to discuss removing obstacles instead of stopping fraud, or start a thread to express empathy or to seek empathy, I respectfully suggest you do so in another thread in the applicable forum. I'm right a lot. What's the point of posting without confidence in your knowledge and opinion? Nevertheless, the arguments here are engaged in for the purpose of helping others have successful visa journeys. We don't do that by posting nonsense or false information and we CERTAINLY don't do it by posting racist or sexist comments. As you may have noticed, the moderators delete those. It's called "terms of service". Read them, understand them and abide by them, PLEASE.
  4. Like
    milimelo reacted to pushbrk in How to stop fraud in Fiance/Spouse Visas   
    No, "2 petitions/couples with the same amount of evidence of a bonefide relationship would have the same results." would be "equal" not FAIR. To achieve fairness, the totality of circumstances must be considered before making a decision, not just the quantity of one kind of "evidence". The rest of your post is really nothing more than an off topic and entirely inappropriate rant.
  5. Like
    milimelo reacted to Brit Abroad in Can she be deported   
    The length of time she's been in the US and having a US citizen baby do not exempt her from being deported if she was found to have committed fraud for immigration benefits.
  6. Like
    milimelo reacted to Barbara J in Oh my gosh! Somebody please help me!   
    Kristi you need to make a decision and it may not be the one you want to make but you need to let this go. Sounds like some major lies have been told to you and sounds like someone wants to get to the USA. SOrry for this awful feeling but look into your heart and use your head as well and you will know what to do.
  7. Like
    milimelo got a reaction from sachinky in How to stop fraud in Fiance/Spouse Visas   
    I'm sorry, but no. These are law mandated 55,000 visas (5000 goes for NACARA - Nicaraguan Adjustment and Central American Relief Act) and you don't get to re-allocate just because nuclear family should be kept together. All 50,000 are used up in each fiscal year and nothing is re-distributed to other categories as this is specifically for DV. We're talking about people who have sufficient or above required level of education (bachelors, masters and even doctorate degrees) and English speaking skills who find jobs pretty much on landing in the US.
    On the other hand, I know people who brought family members who end up on means tested benefits within a month of arriving, speak no English and don't even care to learn it, let alone seek gainful employment.
  8. Like
    milimelo reacted to OnMyWayID in How to stop fraud in Fiance/Spouse Visas   
    Wow that is a REALLY judgmental comment comming from someone who is railing on COs for being judgmental and playing god.. As I seem to be the only recent poster to this thread from one of "those" countries that have the reputation of importing the "bed toys" I feel compelled to mention that my wife is well into her 30's ...
    To your points: The old guy bringing in the young woman is going to have a high rate of divorce.. The difference between the guy and his "bed toy" and the type of fraud this thread is talking about is the intent of both parties. The job of the CO is to determine the intent of both parties, that is their function.. Yeah in the case of the 45 year old guy bringing in the 19 year old hottie there is a bit of dilusion going on on both sides. The COs job is not to judge if the people involved are doing something stupid (that would be stepping over the line and be playing god right?), but to see if the relationship is real and determine if the intent of the couple is to stay together.
    I read yours and others comments here and get the feeling you would prefer they just open the floodgates to anyone that can produce a stack of papers - you really do not care one whit about the fraud, you just want the hurdles out of your way.
  9. Like
    milimelo reacted to belinda63 in Abused and i-485 denied please advise!!!   
    You can only adjust status if you arrived on a K-1 visa through marriage to the original petitioner. Since you did not marry him you should have left the country prior to your I-94 expiring. Since you have overstayed by more than one year when you leave the US you will have a 10 year ban on returning.
    The good news is your I-130 was approved so you can leave and continue processing for a CR-1 visa in your home country. When you attend the interview if you pass (as mentioned above there is the issue of the CO considering your marriage being for immigration purposes) your spouse will be given the opportunity to file a hardship waiver for the 10 year ban. I strongly suggest he hire an attorney to do this as he must show hardship on himself that you cannot immigrate to the US and that he cannot move to your country. IF you pass the interview and the waiver is approved you will be permitted to immigrate to the US.
    If you do not depart the US prior to the 30 days you will be subject to arrest and deportation which means an I-212 waiver would be required for the deportation as well as the I-601 for the overstay.
  10. Like
    milimelo reacted to Anh map in Not yet annulled and applying for a tourist visa   
    Making up stories is a nice way to say that you are planning to lie. That can have an impact on your future plans if the interviewing CO documents your lie. Not worth the risk if your plan is to move to the US in the future.
    Be truthful. Show strong ties to home. And if you are granted a tourist visa do not overstay your trip.
  11. Like
    milimelo reacted to Boiler in Work before OPT without getting paid   
    No you can not.
  12. Like
    milimelo reacted to Done--Really in PLZ HELP IF U CAN NEED SOME INFO   
    Do NOT listen to those lawyers--these cases rarely cost less than $5000, and often much more. LISTEN VERY CAREFULLY--you must go to www.immigrate2us.net as suggested before and you MUST talk to Laurel Scott--she is among the very best for this type of situation.
    DO NOTHING else before you talk to her--your whole future hinges on it.
  13. Like
    milimelo got a reaction from LlamaInvasion in PLZ HELP IF U CAN NEED SOME INFO   
    Moving to IR-Cr-1 forum as that's what you will be doing. He can't adjust status because he entered as EWI>
    AOS from tourist, student, work visa.
    OP, whatever you decide to do, you need to understand the only option you will have is to get your husband back to Mexico. Once I-130 is approved, at his interview in the embassy he will be denied for overstaying and for entering without inspection. At that time you will need to file waivers I-601 and I-212 which will need to be approved before he will be allowed back into the US.
    Be prepared for a long wait and a lot of $$$ for lawyers. Laurel Scott does Wednesday free chats, so you may want to contact her - she has a lot of experience with Mexico waivers.
  14. Like
    milimelo got a reaction from ceadsearc in PLZ HELP IF U CAN NEED SOME INFO   
    Moving to IR-Cr-1 forum as that's what you will be doing. He can't adjust status because he entered as EWI>
    AOS from tourist, student, work visa.
    OP, whatever you decide to do, you need to understand the only option you will have is to get your husband back to Mexico. Once I-130 is approved, at his interview in the embassy he will be denied for overstaying and for entering without inspection. At that time you will need to file waivers I-601 and I-212 which will need to be approved before he will be allowed back into the US.
    Be prepared for a long wait and a lot of $$$ for lawyers. Laurel Scott does Wednesday free chats, so you may want to contact her - she has a lot of experience with Mexico waivers.
  15. Like
    milimelo reacted to Inky in DCF is still a choice?   
    As I said it depends if they have a USCIS office there. DCF is CLOSED august 14th. But for some countrys its not going to close because they have USCIS offices.
  16. Like
    milimelo reacted to Brother Hesekiel in Married my fiance but having marital problems   
    Marriage, immigration, having sex, making a baby . . . all these things can have dire consequences when done quickly without giving much thought about the "what if" scenarios.
    The child is a US citizen, and if the mother's AOS petition is being denied and she will be ordered to leave the U.S. she can only take the child with her if the father agrees, formally, assuming they have joint custody. In fact, his signature/presence will already be required to get the child her passport.
    Ultimately a judge in family court will decide what's in the child's best interest, and most likely a judge will rule that the child is better off with the mother than the father, unless some facts would support a different assessment. The problem is and remains that a U.S. citizen father can make a lot of waves preventing a to-be-deported mother taking their U.S. citizen child with her out of the child's country to the wilderness of Transsylvania or the Australian Outbacks.
  17. Like
    milimelo reacted to Ravens in Cancelled IR-1   
    In short there is nothing you can do. Without your husband you are no different then any other Ukrainian trying to come to the US who has no relatives in the US.
    However it is troubling that you still wish to come to the US even though your marriage seems to be over. This may also explain why the marriage is ending. You appear to be more concerned with coming to the US then your marriage and your spouse has sensed this and probably why he no longer wishes to bring you over.
  18. Like
    milimelo reacted to Usui Takumi in Tough Immigration Controls Save Denmark $10 Billion in 10 Years   
    I say we become 100% like Denmark. All agree?

  19. Like
    milimelo got a reaction from OBX in Change of Address   
    AR-11 for immigrant filed online. Confirmation online, print it out - nothing will come in the mail.
    I-865 filed for you as the sponsor (have to mail this in, will get a confirmation letter).
    Use new address on the I-751.
  20. Like
    milimelo reacted to Brother Hesekiel in HELP!!!! Married on a visa waiver program!   
    Given that your husband entered the U.S. with no visa and got married to a U.S. citizen when the ink on your divorce paper wasn't even dry, you are opening Pandora's box. If the I.O. feels that he's being played for a fool, he can put an end to this with one signature alone: his own.
    Usually the applicant can appeal such a decision, but such an option does not exist for people who signed it away when participating in the VWP. That makes it easy for the I.O. to be "mean," as nobody can kick him in the buttocks for that.
    Worse yet, the I.O. can decide that your husband does not have ties to the U.K anymore if he quit his job, sublet his flat, or euthanized his gold fish and calls it misrepresentation. In this case the denial notice can be accompanied by a deportation order, also exclusively signed by him as he has God-like powers when adjudicating such a petition, which really can end you American Dream for good. Is it likely? No. Is it possible? Yes. Do you want to take that chance? Only you can answer that question.
    I, personally, suggest going the CR-1 route in a case like yours.
  21. Like
    milimelo reacted to Ban Hammer in Is this blackmail?   
    several off topic posts have been removed. one quoting returned below:
    keep in mind that when posting, paragraphs and punctuation can help get your information across. not using them causes a reader to fixate on the lack thereof rather than the question(s). reading that wall of post above made my eyes
  22. Like
    milimelo reacted to aravis227 in sworn affidavits needed or not?   
    They are on the list of suggested evidence, but if you have other evidence you don't need them. I believe I read somewhere on VJ that they are not seen as really solid evidence because it would be too easy to get a friend or family member to write a false affidavit. It certainly wouldn't HURT to send them, but you won't be approved based entirely on them, either. They're just icing (like pictures). We did not send any affidavits and we've been approved.
    Edited: We didn't have an interview, either. They just approved us based on the evidence we mailed in. We had really solid financial comingling (two mortgages and a car), I don't know how much that helped, but it was there.
  23. Like
    milimelo reacted to Casprd in Decision Cannot Be Made after passing interview   
    Just because the arrests were disposed of by the court doesn't mean that USCIS won't consider them while making their decision on your case. Obviously some things are more serious than others and you have to consider if in your case it warrants talking to an immigration attorney to see what else you can do to help your case.
  24. Like
    milimelo reacted to TBoneTX in I-751 Denied   
    Read this whole sorry thread from the Effects forum:
    http://www.visajourney.com/forums/topic/232940-financial-support-to-my-wifes-family-in-the-philippines/
    Even other Filipinas are calling the wife's family overly dependent and lazy. See also the wide agreement that this wife's hindquarters should be kicked back to the Philippines.
  25. Like
    milimelo reacted to TBoneTX in I-751 Denied   
    ...and I agree with this.I understand family loyalty within reason, but the attitude of "my money and our money belong in the Philippines first, rather than to us here" is extreme.
    Someone rhetorically asked me, "How does this differ from illegal Central Americans coming to the U.S. to work so they can send all of their money to their home country?" I can't answer that.
    Had my wife-to-be shown any signs of the OP's wife's behavior, I'd have kicked her shapely hindquarters straight back to Ecuador. Had my wife started this behavior after our marriage, I'd have divorced her and shipped her back just as promptly.
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