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Redro

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Everything posted by Redro

  1. Should be fine. When I traveled to Boston it was super quick. They seem to be very efficient. You can double check to see how many other flights arrive around the same time on the same day to guess if the airport will be busier or not…
  2. You can generally only edit the first 10 minutes after you responded. Have you lost the ability to respond right after? The edit button is now at the … in the top right.
  3. Are you able to attain US citizenship for your new child? If not be aware you will need to file two I-130's one for the child and one for you. You do not have to file taxes before you start the process. I would file the I-130 now and then start working on filing back taxes (google streamline process) and make sure to keep proof of filing US taxes because you might not receive receipts by the time you get to the NVC process. If you decide to hire a lawyer OR Boundless/Simple Citizen make sure they are aware of your nuanced situation. Most paper filing assistants have a "size fits all" approach and might give you the incorrect advice. A lawyer might also have a similar issue where they have not handled a case like yours. Others have had similar situations and completed the entire process without a lawyer/document preparer. As other have said, the current proof for domicile is very weak (especially for Canada). While the I-130 is pending, your wife should make a few trips to Canada and set up a US bank account (this will also be required to pay the DS260 and the I864 at the NVC stage) and create other ties to the US. You should also follow and post in this thread to see what the changing domicile requirements for Canada are... it has been extremely strict to slightly more relaxed over the years. The Canada forum in its entirety might be a great resource for you as many Canadian/US citizens are in a similar position to you.
  4. Having a petition pending (K1 or CR1) is pretty much the same as having a boyfriend you are constantly visiting in the US. I visited the US when I didn’t have an I130 on file and was still visiting my boyfriend’s family and I got some questions from CBP as they assumed I wanted to stay and adjust. Don’t live a fear based life. What has your experience been up to now? Do they question you when you enter and do you tell them you’re visiting your boyfriend or do you enter the U.S. with no questions?
  5. 1. Depends on the country. There was a case earlier where a fiancé case was denied and the young age of the petitioner and beneficiary MIGHT have been a factor. 2. Depending on the country you are coming from, mom might not be able to be the joint sponsor for K1. But will be able to joint sponsor for the I864 (adjustment after you enter the US). 3. If you have ESTA you should still be able to visit while the K1 is pending. Too many visits might raise some flags but many VJ users visited during the process. 4. When was your last visit? How often are you planning to visit over the next 18 months? 5. Sounds great. If you are from low fraud country (probably are if you are from ESTA country) all you really need is proof you met ONCE in the last 2 years before filing I129F. 6. proof of in person meeting is more important than proof of speaking via phone/ online.
  6. Have you already submitted the I-485 and are still waiting for the green card? But did not submit the I-765? Or are you only submitting the I-485 now? Why have you not been able to receive or apply for SSN now? With your GC you can go to your local social security office and apply for one if it did not come automatically.
  7. Did they answer which visa your partner (the student) will be on? I would ask the lecturer to put you in contact with the study abroad program/ the program allowing your partner to go to the US for a year. Everything I know about study abroad usually involves the student going alone and not with anyone else. Do you also know which institution your partner will be studying at? You could do a search on the US university's website to see if they have any information about the program your partner is going on and the visa required/partners joining etc. I would also like to say: US immigration is not fast at all and changing status inside the US on ESTA is not allowed (changing status to a non-immigrant visa). You are also not permitted to extend your stay... so you'll only be allowed to stay for 90 days before needing to return back to the UK. Extending your stay If you enter the United States under the Visa Waiver Program, you are not permitted to extend your stay in the United States beyond the initial admission period. You must depart the United States on or before the date on your admission stamp when you entered the United States. See Extend Your Stay on the U.S. Citizenship and Immigration Services (USCIS) website. Change of status If you enter the United States under the Visa Waiver Program, you are not permitted to change status in the United States. See Change My Nonimmigrant Status on the U.S. Citizenship and Immigration Services (USCIS) website. source
  8. Generally, home visits happen AFTER an interview. I think you are overthinking the issue. If your case was approved without interview this means the evidence you submitted was strong enough they did not doubt the relationship was bonafide. USCIS has no way of knowing you sleep in separate rooms unless you tell them. Are there any other “red flags” that make it seem like you are roommates and not spouses? Are you both on the lease? Do you share a bank account/ credit cards? Do you file taxes MFJ? What about cars and car insurance? if you are really worried about USCIS visiting you can always move into one bedroom/ move a bed out of the second bedroom until you get 10 year GC/ citizenship.
  9. Beneficiary cannot work or travel before issuance of green card unless they apply and pay for EAD and AOS.
  10. Always outliers who don’t get their EAD and some who don’t ever get AP but green card comes before… Apparently AOS fees is going up in the next few months so @Suncheer you might want to factor in the new costs of AOS when deciding if K1 is the route you want to go… and also if you want to apply for EAD/AP as they will no longer be free to file:
  11. Click on your first post and request it be posted in the Vietnam forum.
  12. You might be able to get an affidavit by finding a local notary in your area and then getting them to notarize a sworn statement of single status. (maybe getting the document apostilled at secretary of state in South Dakota) I would have your fiancee check with the office you are planning to register your marriage in China to confirm this is correct. The US Embassy in China is giving advice based on the assumption the US citizen is living in China. I cannot confirm this method. The best person to find out what type of document is accepted /is required at the registry is your soon to be wife. She can ask them what type of documentation they require from a US citizen. They might have a handbook with examples (similar to how there are resources on the internet showing what type of civil documentation the US accepts from foreign nationals).
  13. No. You require the ITIN or an SSN.
  14. For K1 you just need proof you met in the last 2 years before the I129F was submitted. We went the spousal visa route and our timeline was a page with important dates. For a timeline, I would keep it to ONE page. As I assume you are going to be in Vietnam for the interview that could be more than sufficient to show your relationship is bonafide. You might want to move this to the Vietnam forum if you think the Vietnamese consulate requires additional information (40+ pages over and above the evidence you already submitted). As many of us will say this sounds like overkill. Also, the more evidence you give them the more questions they can ask… @JeanneAdil often explains her and her fiancé were dinged for a small innocuous comment she made about what she liked to read as they submitted a lot of evidence. Time spent together is the best evidence. So just highlight the time you’ve spent together and with friends/family but you don’t have to be too detailed. E.G My husband and I met my family and spent 30 days with them… My entry for our timeline was 01/01/2022-01/31/2022 Flew to South Africa to meet Redro’s family
  15. What went wrong with the online marriage service? I am assuming you mean Utah online marriage? We could help you with this if you still think you want to go that route. If not you will most likely have to make an appointment with the US Embassy/Consulate in China to obtain the correct documents to marry in China. @pushbrk is correct. Follow the link he posted here for all the requirements of marrying in China.
  16. You should ask the people responsible for helping your partner/ paying for the one year study period. Your partner should ask them: What visa will I be studying with? What paperwork do you require from my partner so they can join me? How much is the stipend I will receive while living in the US? Can my partner work if they live in the US? Not sure what degree they are obtaining... is it undergraduate or graduate? Your partner could be going over on an F1 or J1. You have not given us enough information to accurately advise you.
  17. My husband and I always went through separate lines when we entered the US. But, I was also honest and if asked explained I was traveling to the US with him and when asked additional questions pointed him out in baggage claim. CBP never told me we should be entering the US together through the same line.
  18. DCF via UK or Germany takes around 3-4 months. I know someone in Japan went the DCF route a few months ago and IIRC it took about the same time. I can't find that post right now but... Here is a post from 2022. It might be quicker these days or a little slower but from initial interview to visa issuance: Feb 14 I-130 interview---> April 29 VISA in hand. DCF is better because your spouse will arrive to the US with and be issued a 10 year green card vs H1B where you apply for visa then apply for adjustment of status after you arrive (more expensive and an additional step). ... residency will take longer to obtain. But, because H1B is a dual intention visa your spouse should be allowed to work and travel while they wait for the GC.
  19. I am so sorry about your situation. I hope your health has improved. It sounds like you should wait another 4 years. It is safer like that. Seeing as you received your 10 year GC in 2023, it should be good until 2033? If you apply for citizenship after 4 years today or even 5 years today you will not have to renew your GC before that time.
  20. An applicant for naturalization has the burden of establishing that he or she has complied with the continuous residence requirement, if applicable. Generally, there are two ways outlined in the statute in which the continuity of residence can be broken:[9] The applicant is absent from the United States for more than 6 months but less than 1 year; or The applicant is absent from the United States for 1 year or more. Did you apply for the re-entry permit (I-131) which shows you did not intend to abandon your home in the US? Have you filed taxes every year, maintained a US based job, a residence, car, car insurance? What evidence will you use to show and "explain" why you were overseas for so long? Personally, I would spend more time in the US vs other countries for the next 4 years and 1 month with no trips over 1 month.... But, if you have a good reason why you needed to be outside the US for more than 6 months each time... what reasons did the lawyer suggest and what were your reasons for not being in the US... Finally, what are your reasons now for wanting to become a US citizen?
  21. I interviewed for my CR1/IR1 visa in Korea and the one question they asked was "have you traveled any where in the last 6 months". I believe it is a fairly standard question. You are always allowed to update the DS260 during the interview.
  22. As you will be married and living and working in the US, there will be a record of your marriage once you file taxes. Getting married in Korea vs US does not circumvent informing the US you are married. In addition, the US is not like Korea, with the marriage registry and family registry. You get married, there is a record, but the systems in the US aren't all connected so CBP won't know you are married unless you tell them. Korea really is a low fraud country. Couples are able to travel to the States together on ESTA (with families) without issue. You should be fine. Just be honest when asked questions and don't lie about your relationship status.
  23. Be aware: once you are married to your US citizen wife. You are not guaranteed entry every time you leave the States and return. Not just the first entry after marriage. When I finally immigrated to the US, the officer assumed I had been to secondary a lot because I visited the US several times after getting married to my USC husband. So, make sure you answer all the questions honestly if/when asked but don't volunteer information they don't ask for. Good luck ! And congratulations on the upcoming wedding.
  24. Can you give more information? It depends on the country/consulate many times.
  25. Unfortunately, you were aware of the red flags involved in being your girlfriend's sponsor if she came over on a student visa. You were not aware that is also a big red flag when an au pair's family sponsors a student visa. Before anything else, your girlfriend could consider applying for another F1 visa as her own sponsor. The course of study she enrolled in might also be a factor... Did she apply to an English language school or a community college or a more "well known" school? If she doesn't have a degree yet and really did intend to go to school, I would consider the F1 route before K1 or spousal. But, if your girlfriend was only applying to school so she could return in the US to live with you, I would go the K1 visa route (as you can apply for it now/today) OR if you want your girlfriend to be able to work as soon as she enters the US, go to Spain get married and go the spousal route.
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