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Mike E

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About Mike E

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  • Member # 308549

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    SF Bay Area
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  • Immigration Status
    K-1 Visa
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    California Service Center
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    San Jose CA
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  1. Sure if the parents bother to file a CRBA, get the passport shortly after, and the daughter logged enough time in the USA before giving birth. Then there is the hassle of getting a SS card. Wait too long, and then we are into getting documents written in Italian officially translated. At any rate, that isn't the complexity I was referring to. Birth abroad to one USA citizen has a very complex rules that are not easily summarized, but I suspect you knew that. The rules are more onerous in some ways if the parents were married at the time of birth. They are more onerous in some ways if the parents were not married at time of birth. E.g. if the parents weren't married and the mom took at least one trip abroad every 364 days or less, then the kid isn't American. Proving that the mother didn't do that can be hard. USA is a jus soli kind of place.
  2. I've no idea about USA embassies / consulates in Italy. My recent experience with the US Embassy in Myanmar. Dec 26: my fiancee had her interview. Visa approved. Officer said it would be "1 to 2 weeks". We then realized that with USA and Myanmar holidays, it could be one week actually meant Jan 7 and not Jan 2, because the holidays were New Years Eve (Myanmar), New Years Day (USA), Independence Day (Jan 4, Myanmar). Sure enough, the day the visa was available to pick up was Monday, January 7. She picked it up that day, and we flew home Tuesday night, getting home early Wednesday morning. With this process, things move really slow until they don't, and then you need to move fast. Your visa is likely to be ready in the range of dates you were given. Amuse yourself by looking for cheap fares to the USA, and be ready to buy. In our case, we just used frequent flyer miles. It's a very simple way to limit costs. Buy the frequent flyer miles up front (really easy to on United.com). Good luck, and enjoy your life with your betrothed.
  3. The rules for children born abroad to USA citizens are very complex. Burdening someone complexities of trying to proof USA citizenship is not something you want to wish on your own grandchild. Otherwise, in say 10 years, your grand child will be posting here for advice on how to get a USA passport. It can get very expensive for anyone born abroad.
  4. This is why I do selfies and run them through an online photo size or phone app. Then I run them through another app to get them 4 or 6 to a 4x6 print. Costs a whole ten cents. For $10 you can buy a decent photo cutter. Yes the shadows are going to cause your photo to be rejected. If if you want a pro, make an appointment at the post office or JC Penney.
  5. The embassy wouldn’t entertain any interview requests until she had the sealed medical results in hand. I had to send an image of sealed envelope. We scheduled the medical as soon as we had all the police certain and document translations.
  6. L1: can immediately work. L1A: for managers and executives: can very quickly apply for and get a green card. L1B: for professionals. There is no direct or quick path to a green card. Must convert to H1-B. Depending on country of origin, wait for green card is a century. Since you’ve already decided to get married, entering the USA on an L1 visa seems very dicey. Enter, get married a day later, do AOS. Hmmm. If a lawyer says so, do it. Otherwise, K-1 is a sure path to green card.
  7. K-1: they get married in the USA. CR-1: they get married outside the USA I’ve bad and worse news for you. If she cannot afford these fees, she cannot afford lawyer (which is the bad news) and her petition will be denied because her income needs to be significantly above the poverty line. And the poverty line increases with each mouth to feed; you said later she that she is pregnant. If his English is poor his job prospects are also not good either. So the two of them should take a realistic view.
  8. Yes I do realize that some spouses keep their birth names. I mean that in the USA most spouses have the same last name. Your assertion CBP doesn’t care about names is easily falsifiable. You are saying that in millions of entries into the USA the CBP has never ever asked someone about their name? Rubbish. As for how you prevent CBP from reading the info on your electronics, by all means, do tell.
  9. Legally the only document you need to return to the USA is your green card. When I held a green card, I would test this legal theory. At check in to an international airport for a return flight to the USA, I would just present my green card. Out of dozens of flights this worked just once. BLR on LH, and YEG on UA. At POE it works about 75 percent of the time. At preclearance facilities like Canada and Dublin, it works about 50 percent of the time. With global entry, 90 percent of the time I did not have to present my passport. To reduce angst, you should sign up for global entry. There is debate on visajourney whether conditional green card holders can get GE. Some have had success some have not. CBP often doesn’t follow its own rules. Whatever they are. At POE, sometimes CBP demands to see other forms of ID such as state drivers licenses. It’s never happened to me, but I’ve read about it happening to others.
  10. They could be nothing you don’t already know (e.g. confirming your appointment) or they could be new forms and/or additional instructions. It could be telling you what to bring and what not to bring (e.g. electronic devices are banned at some embassies). In in the case of the Embassy of Burma, all communications were done over email since it isn’t practical to mail anything in Myanmar. Each embassy has its own procedures and policies. I woukd not be anxious but I would attend to those letters as soon as possible.
  11. Again. I got that idea from an incident reported on flyertalk in the safety/security forum. And yes married couples in the USA have the same last name. I apologize if facts disagree with your idealization of how the universe should be. As as for your ad hominem against me, again, I’ve advised my fiancée to not add my last name to her legal name after we are married. I’ve traveled over two million miles by air, about 100,000 miles each year, and enter the USA about a half dozen times a year. I’ve experienced lots of things from CBP that you would assert CBP should not care about, and you would be right. But CBP doesn’t have to follow your ideal or my ideal. Unless one has extremely deep pockets and can bring CBP to heel. Thanks for the lesson though.
  12. Mike E

    US Territories

    Many USA territories are sovereign entities with respect to immigration policy. Just because your fiancee has a visa to be in the USA doesn’t mean she has a visa to visit each territory. AFAICT, she would not need an AP to return to an actual state from a territory. Regardless Puerto Rico uses USA immigration policy so no AP or visa needed.
  13. As someone who went through YYC over 50 times as a green card holder, and dozens through most of the other preclearance stations around the world and Canada, I beg to differ. At preclearance POEs, CBP officers have essentially unchecked power over admitting anyone: visitor, immigrant visa holder, green card holder, or citizen. For example, another flyertalk thread from years ago discusses a USA citizen patent attorney who was told by a CBP officer in YUL that if he didn’t break attorney client privilege, he was not going to be flying to the USA that day. Married couples with different last names are unusual to CBP officers and so the likelihood of a hassle goes up. Just be prepared to drive to the USA from Canada. As I am.
  14. Ironically one of the easiest countries for two foreigners to get married in where neither foreigner is a citizen of that country is the USA. Counties just don’t care. They accept your word that the couple is eligible to marry each other. If it turns out they weren’t eligible then it turns out that they weren’t legally married. People who will officiate the marriage are a dime a dozen. Even Canada adds road blocks now. I think after you do some research you will have trouble finding a third country that checks all these boxes: - the non USA partner doesn’t require a visa - the process for forienfers to get married is easy and fast (faster than maximum time both partners are permitted to stay in the country waiting for a marriage license) - travel to the third country is cheap - finding someone to officiate is easy This was a big reason why I went the K1 route, as Myanmar puts up lots of roadblocks for a Buddhist to marry a non Buddhist and Singapore and Thailand while cheap to fly to, and visa free for my fiancée, have a non trivial process for foreigners to get married to each other. And finding an officiator for the marriage can be hard in Singapore. If you can go the K1 route, you should. If you cannot, and you can get married in Egypt, you should. Egypt is a big country and you can get married without family interference.
  15. Years ago, on flyertalk, I recall a hassle a couple had at YYC (CBP preclearance POE) who were married but had different last names. The CBP officer gave them a hassle, so they just told him they will be denying the USA the opportunity to receive their visit that day. My fiancee won’t be changing her last name (she actually doesn’t have a last name) to mine, and I don’t expect any hassles until she travels on her green card. But I do expect hassles.