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Redro

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Everything posted by Redro

  1. It shouldn’t. The issue with assets in foreign country relates to difficulty in moving it within a year to the US. if exchange rate isn’t bad I would move more money to the US but it isn’t necessary.
  2. This is a change. Generally the understanding was current income is king and past taxes don’t matter. If you have sufficient savings I would use them before electing a joint sponsor.
  3. Used the same tool. And read the article indicating things changed in April 2022. Just looking for real life experiences from people who have recently visited Canada as US LPRs. I don’t always trust online sources and the process for South Africans without LPR status is fairly annoying so I don’t want to be turned away at the border.
  4. You might receive an RFE for not submitting proof of income. Upload statement saying you work overseas and don’t receive W2 or submit paystubs from current country you are in with translation if needed. Currently NVC is about 10 days so expect a delay of 10 days +time to submit new documents. (As of 21 aug they’re reviewing documents submitted 9aug) You only need to submit 2022 tax documents unless you elect to submit 2021 and 2029 by checking the box. Are you submitting your tax transcripts/ returns for 2022? Are you working in the foreign country?
  5. Personal choice. We used physical presence for previous filings because we wanted to show USC never abandoned US residency and time in Korea was considered “temporary” . But, it didn’t really make a difference in the end as CO still required we show proof USC petitioner had strong intentions to return to US.
  6. Traditionally, income after USC moves back to US is sufficient for DCF. Poster in above thread qualified for DCF, started new job in US but CO still requests joint sponsor because previous taxes were insufficient. From personal experience, I’ve seen COs become more stringent with the rules. If you have not received DQ letter I would find a joint sponsor or delay process until you have 1 good year on taxes. If you have received DQ, maybe have JS on standby OR new I864 with 4-5X required level in savings/liquid assets.
  7. We live in Detroit and are planning to go to Windsor for the day. Want to confirm LPRs do not need to apply for a visa. we can just enter with GC and passport. Second question, if I don’t stay overnight would I need to count this as time outside the US for my eventual N400 application?
  8. Please write a review on your timeline. Did they ask how much money you were carrying? Which line did you go through?
  9. Who is he planning to marry? When did he separate from his wife? When did he start seeing the person he wants to marry? is this person a US citizen? What does the denial notice say? Is he using his EAD from his denied I485 to work or another EAD? Your friend should probably join VJ to ask these questions OR hire a lawyer if he doesn’t want to post his issues online.
  10. Agree with @pushbrk and @Boiler if you find communicating an issue they might pick up on that during the interview and ask how you manage to communicate during the interview. @Adventine @Chancy any feedback on in what is expected from Manila? Would this topic be better placed in Philippines forum? Do they care about how well couples can communicate in the same language? @Drew3435 when would this interview be? If you are worried about your wife’s English level I might suggest she start some online English classes as she could find moving to the US a difficult transition. additionally if the interview is in the next 3-6 months I would consider researching ESL classes close to your home. ETA: I would also start learning her home language. I find it’s very important for both people in a couple to learn the other person’s language. The default should not be English. IMO ETA translators aren’t usually allowed into the embassy unless the consulate/embassy states they don’t have someone who speaks the language. Additionally, you generally have to request permission for the translator to accompany the beneficiary to the interview.
  11. Correct she wouldn’t be able to use a friend or relative’s address because she might have to show proof she was living in Vietnam- mail to the address, utility bills, a residence card etc. There are exceptional circumstances where one can transfer to another embassy without being a resident but the issue is would she be able to afford to stay in Vietnam for the medical exam and the interview or would she have to fly back between both appointments? Same goes for your son. Interviewing in a country when you are not a resident complicates issues and now you have to follow the rules of a third country.
  12. She can request a change of venue but be aware 1.) Vietnam is not an easy consulate and she might undergo extended admin processing which could exceed the time she is allowed to stay in Vietnam. 2.)Generally, the beneficiary needs to show they are a resident or citizen AND have a home address in the country they’re changing to… we have seen members denied change of consulate requests even though they were citizens because they didn’t produce a home address in the country they wanted to interview in.
  13. Not direct answer to your question BUT you might want to consider marrying your partner and going the spousal route. You will have the same issue re: birth certificate being altered but if extended vetting/ processing does occur the I130 petition won’t expire but the I129F might.
  14. https://www.utahcounty.gov/dept/clerk/marriage/onlinemarriage.html
  15. You don’t need a lawyer to plan a wedding in Thailand. US embassy Thailand has instructions on how to get married there. Alternatively, you can get married via Utah either while you are still in the US or you can get married via Utah while you are together in Thailand.
  16. USCIS/NVC suggest you do not quit your job, sell your house, make travel plans until you have the visa in hand. Unfortunately some people do not receive the visa soon after the interview. Some have to wait weeks or months before it is issued. It will be a lot more expensive if you buy the ticket and your partner can only travel to the US in 3-6 months.
  17. Well- do what you would ordinarily do if you weren’t doing this for immigration purposes. If you don’t have a credit card and you are only opening a credit card for the immigration benefit don’t open one. How do you and your wife want to manage your finances now you live together? Discuss that plan. Put it in motion. Submit evidence of financial commingling with I130.
  18. Add her to both. You don’t need an SSN for credit card. Get her a card in her name. Make sure to get her on your bank account before her ESTA expires as it might be more difficult after that. If the bank doesn’t allow her to be added to your current account go to another bank and try to open a new one.
  19. You should do what you would normally do after getting married. The evidence needs to be submitted when you file.
  20. Thanks. I know there are 1, 5 and 10 year validity visas didn’t realize VIetnam was only 1.
  21. Reach out to USCIS and NVC and tell them they made an error, you did not indicate adjustment and consular processing, and they should forward the case to NVC.
  22. When @SalishSea says “properly petitioned” she means she petitioned her husband for K1 and he adjusted status while he was in status. You circumvented the process because you came in on ESTA or B2/B2 and then applied for adjustment after your fell out of status. This complicates your immigration journey. You haven’t told us how long you were in the states out of status. You haven’t told us your relationship history. You haven’t disclosed your type of work. There might be some major red flags we don’t know about impending your ability to adjust or it could just be your FO dragging their feet and everything is fine…. For example: when there are issues out of some field offices the entire process is delayed 1-2 months. So, your adjustment could be right on time and you could get your GC next week or there could be major issues with your case and you’re about to get a NOID. Not enough information about your case to really make a determination.
  23. That’s not quite true. Some IOs say the I130/ I485 is approved but it just means they are going to recommend it is approved. For immigrant visas outside the US, background checks are usually conducted AFTER the interview. Basically the interview is conducted to make sure the relationship is legitimate then after interview background checks start. You’ll see from some countries people undergoing extended AP (administrative processing) after interviews sometimes as long as 1 year! There is a form called the DS5535 applicants have to complete that can delay the issuance of the immigrant visa. Some people think they can circumvent extended background checks by moving to the US and adjusting status inside… sometimes they receive the green card in good time other times USCIS delays issuance (as they are conducting background checks and don’t know if they can approve the i485) of the green card and the beneficiary ends up receiving a 10 year green card as opposed to the 2…
  24. @PWC this might be a good happy mistake. Spousal visa timelines are all over the place you can check a post I made a few months ago…
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