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jaysaldi

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About jaysaldi

  • Rank
    Senior Member
  • Member # 304169
  • Location Las Vegas, NV, USA

Immigration Info

  • Immigration Status
    K-1 Visa
  • Country
    Cambodia

Immigration Timeline & Photos

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  1. People enter the USA all the time declaring lots of money. CBP doesn't generally turn them away. She's more likely to get denied entry if she shows up pregnant with only a few thousand dollars and no way to pay for the birth.
  2. Well, if she says it's from her rich father and she has the money to pay a birthing clinic, why is that problematic? You think CBP will say "No we think you're a drug dealer" and seize it? Smugglers generally try to smuggle cash out of the USA, not into it. Drugs and guns come into the USA. Cash goes out.
  3. I don't think CBP does that when foreigners arrive with a lot of cash and declare it.
  4. The problem here is that few young Russian women visit the USA alone for pleasure, especially during a pandemic. They are very, very likely to question her about why she is visiting the US, how long she is planning to stay, how can she be away from work for so long, etc. Young Russian women don't visit the USA alone for months and months just to visit friends or distant family. CBP may refer her to secondary inspection on suspicion she has an American boyfriend and is coming to get married and adjust status. Is she planning to pay the birthing clinic in advance or arrive with lots of cash? My understanding is/was that it's perfectly legal for a visa holder to say "I'm here to give birth and here's the proof of funds that I can pay for that at a private clinic" Maybe that has changed recently though.
  5. I'm going to guess her chances of getting a tourist visa to the USA now are slim. She's a young Russian woman of marriable age, who has immigrant intent and wants to move to the USA to be with her American fiance, and she probably has weak ties to Russia since she can be away for three months. Three months in the USA isn't a typical vacation. That's more like just living in the USA. There's a pandemic going on, there are long immigration wait times, and the consular officers know that some couples are desperate to reunite and be together and perhaps circumvent the K-1 waiting periods by just reuniting in the USA and marrying and adjusting status.
  6. They want to see that she has strong ties to Thailand and weak ties to the USA. The American boyfriend hurts her case for a tourist visa, it doesn't help her. Her lack of ever traveling anywhere and then returning to Thailand is a strike against her. Her desire to spend 4-5 months in the USA would also be viewed with suspicion. That doesn't sound like tourism. That sounds like you guys want to try out living together in the USA and then if she likes it you get married in the USA and stay. You're her boyfriend and you spend 6-9? months a year in the USA. Why wouldn't she just stay with you in the USA? That's what the consular officer may ask.
  7. My wife's green card interview took place a week ago. It was originally scheduled for April but postponed due to COVID. The interviewer said he wasn't sure he could approve that day because her K-1 medical exam was done more than a year ago, so we might get an RFE for a new medical exam. Several hours later I got an email about the approval of her green card. It arrived today.
  8. Our interviewer asked the typical questions and then asked if we bought "bona fides" showing our life together in the USA. Like shared property, shared bank accounts and credit cards, statements showing we both actually used the bank and credit card accounts, shared health insurance, etc. He skipped right over the photos of wedding and travel together.
  9. Thanks. I think there is a lesson learned here. If you entered on a K-1 visa, and you married within 90 days, but due to these massive COVID delays and reschedulings your medical exam is more than a year old at the time of interview, it may not be a bad idea to at least bring a printout to your interview of the regulations saying that no new medical exam shall be required if the applicant applied to adjust status within a year of the medical exam. https://www.ecfr.gov/cgi-bin/text-idx?&node=pt8.1.245#se8.1.245_15 It's in section 245.15 there: §245.5 Medical examination. Pursuant to section 232(b) of the Act, an applicant for adjustment of status shall be required to have a medical examination by a designated civil surgeon, whose report setting forth the findings of the mental and physical condition of the applicant, including compliance with section 212(a)(1)(A)(ii) of the Act, shall be incorporated into the record. A medical examination shall not be required of an applicant for adjustment of status who entered the United States as a nonimmigrant spouse, fianceé, or fianceeé of a United States citizen or the child of such an alien as defined in section 101(a)(15)(K) of the Act and §214.2(k) of this chapter if the applicant was medically examined prior to, and as a condition of, the issuance of the nonimmigrant visa; provided that the medical examination must have occurred not more than 1 year prior the date of application for adjustment of status. Any applicant certified under paragraphs (1)(A)(ii) or (1)(A)(iii) of section 212(a) of the Act may appeal to a Board of Medical Officers of the U.S. Public Health Service as provided in section 234 of the Act and part 235 of this chapter. My response to the interviewer when he said he thought a new medical exam might be required by law, and that we should expect a possible RFE, was to clumsily and unconvincingly say "I think the medical is still timely since she filed to adjust status within a year of the medical exam." Fortunately he looked into this after we left and came to the right answer. But it would have been better if I could have gently and politely just handed him a copy of the regulation confirming this, to avoid any further confusion or delays. I don't think I'm the first poster here to run into this issue. Others have gotten RFEs I think. Having a copy of this regulation available at the interview may be helpful.
  10. Ah, never mind. Just got an email that green card is being produced. I guess the interviewer talked to some co-workers and was satisfied the medical exam was timely.
  11. Recently brought a baby to an I-485 interview and it was a non-issue. No one asked "Why did you bring the baby" or anything like that.
  12. My K-1 fiancee had her medical exam in Cambodia in June (I think) 2019. I may have been in May, may have been July. She then interviewed for her K-1 visa and entered the USA in August 2019. She filed her I-485 application for adjust status in November 2019. Her AoS interview was originally scheduled for April, then rescheduled for today. Everything went OK at the interview today, but the interviewer said he couldn't approve today because the medical was over a year old now (more than a year before the interview), and he had to check if there was a COVID-related extension. I told him that I'm not an expert on this stuff ,but I thought filing the I-485 within a year of the medical exam preserved its timeliness and that the interview date then didn't matter. He said he would have to look into it and talk to some people but we might be getting an RFE for more medical info. Any thoughts?
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