
carmel34
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Everything posted by carmel34
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Another Denial
carmel34 replied to mindthegap's topic in Removing Conditions on Residency General Discussion
I really hope that you will fight this and win. Of all the many cases we see here on VJ, yours is one that appears most likely to succeed in the end. Please do periodic updates on VJ so that we can cheer you on and provide the emotional support that you will need to get through this. You have many fans and admirers, which is very evident from the responses to this most recent I-751 denial. Your British courage and determination should serve you well. To quote Churchill: "You ask, what is our aim? I can answer in one word: It is victory, victory at all costs, victory in spite of all terror, victory, however long and hard the road may be; for without victory, there is no survival (May 13, 1940, House of Commons)." "We shall go on to the end. We shall fight in France, we shall fight on the seas and oceans, we shall fight on the beaches, we shall fight on the landing grounds, we shall never surrender (June 4, 1940, House of Commons)." -
Aside from the US immigration advice for both which you have already received, there is an urgent need for both of them to get out of their current place of residence. If you are in a position to help them financially, to move out and get their own apartment, that should be your first priority. Once in a safe place, unknown to the abuser, she should also file for divorce and a protective order.
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Question Concerning Visa
carmel34 replied to Zed01203's topic in What Visa Do I Need - Family Based Immigration
I disagree. Muslim religion permits meeting in person, maybe with a chaperone. A waiver of the K-1 requirement to meet at least once in the two years prior to filing the I-129F is rarely approved. I have never seen one in six years as a member of VJ. OP, CR-1 is the superior visa. Do not get married on the first visit, this is a huge red flag. Multiple visits prior to marriage and filing the I-130 is the best path forward to show that the marriage relationship is bona fide. It will take time and money, but if you are really doing this for love you'll find a way. Good luck! -
Lying on two non-immigrant visa applications (F1 and B2) about marital status is material, and also taken very seriously because the applicant signed the DS-160 verifying that all information is true and accurate. Another problem is that she also lied about this if questioned in the visa interviews, making the situation even worse. As to the purpose of her visit, if it was to visit you and she did not disclose this on the forms or interviews, it could add to the lack of confidence that USCIS/DOS have in her truthfulness. Yes, a waiver is possible in misrepresentation situations like these, but it is only available at the discretion of the officer, you can't force a waiver with a WOM. I suggest that you start working on plan B and move to her country.
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Need help on Explanation for not filing taxes
carmel34 replied to Piti's topic in Tax & Finances During US Immigration
No taxable income will not look good for a joint sponsor. What is his current income, and do you have six months of recent pay stubs, letter from the employer to document it? All this is needed for a joint sponsor to work out. You may want to wait until his 2023 tax return has been done and include that too. -
Do i add my 1 year old on the N400?
carmel34 replied to jitstde's topic in US Citizenship General Discussion
They can ask about anything in the naturalization interview, including the VAWA-based 10-year green card. Tell the truth and hope it goes well. -
Another Denial
carmel34 replied to mindthegap's topic in Removing Conditions on Residency General Discussion
So sorry to hear this. I have followed your journey for the last six years and always appreciate your posts and excellent advice. I agree with others that fighting this would be worth it, unless you have made up your mind to go back to the UK. Lawyer up and prepare for immigration court, where you would hopefully get a fair hearing in front of a judge instead of the incompetent fools at USCIS. I've heard that the backlog of cases means that you would have another 2-3 years before the actual hearing. Another I-751 filing may just prolong the frustration. I would also sue your ex for making false statements, it sounds like a defamation case to me. Sue for damages, win, and take the result of that suit to immigration court. Good luck whatever you decide to do! -
Where to live in America
carmel34 replied to fabsfabs's topic in Moving to the US and Your New Life In America
San Diego, Los Angeles (very expensive but warm all year), also Tucson, Phoenix, Las Vegas. Of course, Miami, other Florida cities, and Honolulu. -
I recommend intensive English lessons while waiting for the N-400 to be processed. She will also need to study the 100 civics/history questions, I recommend flash cards and daily study for an hour. Many cities/counties have free programs to assist immigrants as they prepare for the naturalization interview, including English classes. The English level required is VERY basic for the written and spoken tests. The biggest hurdle will be for her to understand all of the questions on the N-400, as the interviewing officer will review those and her answers, so take lots of time to help her with those too. She can do this with your encouragement and support. Good luck!
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This seems to me like a very unusual request for a B2 tourist visa. Do you have any family ties in the US? Siblings? They seem to be skeptical of something. Also, "refused" does not mean denied, it only means that they are looking further into your case. Since you requested your passport, and a final decision has not been made based on the information requested in May, 2023, have you tried contacting the consulate where your case is?
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Post history indicates AWA, plea bargain, misdemeanor battery. Only a very good attorney can help at this point. Marriage alone and CR-1 will not be enough. OP, maybe it is time to consider moving abroad?
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I-129f vs I-130
carmel34 replied to JDalton16's topic in What Visa Do I Need - Family Based Immigration
Country of citizenship is important so please add this information to your question. For some countries, a spousal visa is more likely to be approved than a K-1. -
You can save a lot of money (and potential errors/delays) if you study the guides here on VJ, most of us did the whole visa process ourselves. Research K-1 or CR-1 visas and decide which option is best for your situation. I strongly recommend the CR-1 spousal visa as being far superior and less expensive. Make another trip to Zambia and get married, then start the CR-1 process. Good luck!
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Sometimes it takes many months for medical bills to be mailed. This is normal in the US healthcare system. Don't assume that the bills will not be sent eventually. You could also contact the hospital's billing department to ask again, make sure they have a current mailing address for you or your partner. These bills will have to be paid as part of your immigration journey so be ready for a big payment.
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K-1 takes 18 months give or take, from filing the initial I-129F petition to visa interview. If you decide to get married and then go the I-130 petition/CR-1 spousal visa route, which has many advantages and is less expensive, the timeframe is about the same. It doesn't make any difference that you're from Canada. In fact, Montreal has had long waits for visa interviews in the past vs. many other countries. You can visit each other during the long process. Good luck!
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There is more required than simply being married to a US citizen for 3+ years. When did you get your green card? Here are the exact criteria from USCIS: General Eligibility Requirements To be eligible for naturalization under section 319(a) of the INA, you must: Be at least 18 when you submit Form N-400, Application for Naturalization; Be a lawfully admitted permanent resident of the United States for at least three years immediately before the date you file Form N-400; Have been living in marital union with your U.S. citizen spouse during the three years immediately before the date you file your application and while we adjudicate your application; Have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence; Have continuous residence in the United States as a lawful permanent resident for at least three years immediately before the date you file your application; Reside continuously within the United States from the date you filed your application until the date you naturalize; Be physically present in the United States for at least 18 months out of the three years immediately before the date you file your application; Be able to read, write and speak English and have knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States (also known as civics); and Be a person of good moral character, attached to the principles of the Constitution of the United States, and well-disposed to the good order and happiness of the United States for at least three years immediately before the date you file Form N-400 and until you take the Oath of Allegiance.
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If your partner is in the US and they ask in the visa interview what the purpose of your trip to the US is, you should be truthful and say you are visiting your partner for a short time like a few weeks, then you will return to Jamaica. If this is the case, hopefully your ties to Jamaica are strong enough that the officer will be convinced that you will in fact return. They always assume immigrant intent so you have to overcome that if you only want to visit.
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Selective Service question on N400
carmel34 replied to killadocg23's topic in US Citizenship General Discussion
Answer to Part 12, 44A is NO. You were already 26 when you became an LPR. -
K1 Visa birth certificate
carmel34 replied to Atsvo's topic in K-1 Fiance(e) Visa Process & Procedures
Your US citizen petitioner should be able to send a postal money order from the US, to the municipality office in Japan. https://www.usps.com/international/money-transfers.htm -
DCF ADVICE REQUIRED PLEASE! :)
carmel34 replied to MTMR0420's topic in Direct Consular Filing (DCF) General Discussion
Does the USC spouse have a firm job offer in the US, with a written letter confirming such? If so, when is the start date? A firm full-time job offer (not an internship), with short time frame of 2-3 months might work for a second try at DCF. -
Married in Morocco, Divorced in USA
carmel34 replied to DennisAmbriz's topic in K-1 Fiance(e) Visa Process & Procedures
One word of advice--don't rush into another marriage, and make sure that you spend a lot of time together in person with the person you are thinking about marrying before filing any petition, I-129F or I-130. If you are from Morocco and your current love interest is also from Morocco, your case will be highly scrutinized. Did you know the current love interest before you married the spouse you recently divorced in the US?