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Everything posted by beloved_dingo
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I agree with @Crazy Cat. The existing lease doesn't matter. To use an example, if you bought a house and moved into it, but your apartment lease wasn't up for another 30 days, does that mean you still live at the apartment? No, it's just still in your name until the lease is up. Further, USCIS understands that the beginning of a marriage has a lot of transitionary things happening. For example, my husband and I married in May 2019, but we weren't on a lease together until August 2019. It never came up during his immigration journey and wasn't an issue (he's a citizen now). Regardless, talk to your landlord about getting him added to your lease.
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Sure, it's always possible that filing something might get someone to look at the case and get it "unstuck". It's also possible that it causes undue confusion, since it doesn't apply to your case, and instead just makes the process longer while they try to figure out why you filed a form that isn't applicable to your situation.
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We love Chewy but they aren't always the cheapest. We do get our cat food from there exclusively though.
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@Zumbadaddy This is what you need to do. Conditional permanent residents (those with a 2 year green card) are required to file for Removal of Conditions to receive their 10 year green cards, not I-90. Your problem is now compounded because you need to get her back home and she needs to file ROC as soon as possible. If you look at the USCIS page to file the I-90 online, it says this: It is very clear about this, more than once. This is an unfortunate mistake. If a proper I-751 had been filed, she would have received a 48 month extension letter long ago.
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B1B2 denied for 214(b), how do you overcome this?
beloved_dingo replied to plasticassius's topic in Tourist Visas
That one overstay basically made all her previous "good" travel history irrelevant. Just to reiterate the point already made by others, overstaying on the ESTA was a huge mistake, and she is unfortunately experiencing the consequences of that mistake. I don't want to hammer too hard on it, but I don't understand how this overstay even occurred. Did you both misunderstand her period of authorized stay? If I recall correctly, CBP literally writes the date on the passport stamp showing the exact end date of allowable time in the U.S., and the max stay allowed on ESTA is 90 days. Staying even one day over can have detrimental consequences on a person's ability to keep their ESTA or visit the U.S. ever again. There's no guarantee that she'll be able to get a tourist visa again. It is possible that with time, she can get approved. -
On what basis are you "being advised" that an RFE is likely? The large majority of filings do not get an RFE. For those that do get an RFE, it is either because the filer made a mistake and/or left out necessary documents/information OR because USCIS lost documents on their end. The first situation is easily preventable by being thorough, doing your research, asking questions here if there's any confusion, and double-checking everything before the packet is sent off.
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Work Authorization under K1 Visa
beloved_dingo replied to Etherial's topic in Working & Traveling During US Immigration
@powerpuff is correct. Technically, K1 visas are a visa type where "work is allowed". However, to actually legally work, you still need EAD. In the days where EADs were processed quickly or given at POE, it was theoretically possible for K1s to work within those first 90 days of arrival. But now, there is no benefit to trying to get your EAD before filing AOS, especially since it is only free with the AOS package. -
At this stage, USCIS understands that it is usually not possible to have joint bank accounts/assets/etc. so your evidence of marriage (other than your marriage certificate) is largely your time spent together. Do you have photos together, evidence of trips to see each other (flights/hotel reservations/etc.), perhaps evidence of gifts you have sent each other while apart, etc? As @Dashinka said, you can gather more evidence while the I-130 is processing so that you have it to provide at the interview stage. How much time have you spent together with your spouse in person since the marriage took place?
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Is the New Online Parole system Corrupt?
beloved_dingo replied to marigold's topic in Mexico, Latin & South America
It absolutely is possible that it's a coincidence. -
I am in the process of preparing our ROC packet, which we will be filing next week (earliest date we can file is 10/31 so I am hoping to get it in the mail on Monday, 11/1). I figured I'd go ahead and start the November thread for anyone else who is in the same boat. As of right now, this is the list of evidence I am including in our packet: Letter from our bank stating the date my husband was added to the account (because our statements only show my name) All statements from that same bank account from the date we were married to present (shows direct deposits from both of our jobs and all marital bills paid from this account) Letter from Discover that shows we opened a joint savings account on July 28, 2020 All statements for that joint savings account Documentation that my husband is the beneficiary on my Roth IRA Our apartment leases from 2019, 2020, and 2021 (with both names) Water bills with both of our names Healthcare durable Power of Attorney for each of us, appointing the other Several official letters we have received with both names (such as IRS notices and the letters from the White House about stimulus checks) 2 verification of insurance letters from Progressive that show both of our names as drivers and lists both vehicles Emergency contact list from my work that shows my husband as my emergency contact Screenshot of our Verizon account that shows both names and phone numbers Membership agreement from Planet Fitness that I gifted my husband (shows his name as the member but my name and bank info for payment) Tax transcripts for 2019 and 2020 Documentation of 4 vacations we took in 2020 and 2021 8 photos of us ranging from Nov. 2019 to July 2021 Joint credit card statements from May 2019 to present Documentation that he is an authorized user on another credit card (his name isn't listed on the statements) Also we just refinanced his vehicle in both of our names so I will add that documentation in if I get it in hand before I send the packet off. I do have a couple of questions, if anyone has input. How many water bills should I include? I have every monthly bill from May 2020 through October 2021, except for 2. I don't know if I should throw them all in or not. As of now, I have not included some documentation that was provided in our AOS packet (or at the interview). Examples include photos that were already provided and documentation of trips already provided. For more context, we were married in May 2019 and our AOS interview was December 2019. If anyone has any other suggestions, feel free to let me know. And good luck to anyone that plans to file in November
