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Posts posted by KansasDragon
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I'm needing to get a little clarity, and hopefully someone here can help.
In 2012 my wife was ordered removed from the USA in absentia. (We were living in the Philippines since 2009 at that time.)
We filed a new IR-1 Visa request in December 2016.
In August 2017, I had an interview with an immigration officer in Kansas City, where I directly asked if we needed a waiver, and was told "No, that is why you're here, so we can verify your information and forward your application to the NVC".
Fast forward to yesterday.... We received a letter from the Embassy in Manila refusing our visa application, which states:
212(a)(9)(A) You were ordered removed from the USA.
Further down the document it indicates we can request a waiver with form I-601.
I chatted with an immigration attorney (via messenger), and he stated we need to completely restart our I-130 application process, but I was reading the letter from the Embassy to indicate we only need to file the waiver request. Which way is correct?
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Have you seen this website: http://www.philamohio.com/paso/paso-news/ , you may find some new friends and resources in your area.
Hunt for other Filipina in the area and make a few friends you can cook, talk, sing, and be "you" with.
You may want to check out this restaurant, too.. http://melyskainan.letseat.at
Gotta love Google Search...
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We have been asking people to be a joint sponsor for our affidavit of support.
One of the people who has agreed is separated for approximately 2 years, and filed her taxes as single last year, no one else living in her home.
Can she be a joint sponsor, since she is not officially divorced yet?
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After chatting with some of the people in the Facebook group, it sounds more like this...
If you get your case expedited, you do not pay the $120 to the NVC, you pay it to the Embassy at the time of interview... which makes a lot more sense than the fee being waived.
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Our application has just been forwarded to the NVC after I attended an interview with USCIS in Kansas City.
My wife is following a Facebook group and there are several discussions where Filipino beneficiaries are claiming there is no fee for the I-864 Affidavit of Support, if the NVC Expedites your case.
Has anyone experienced having the fee waived due to an expedite request?
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My sister-in-law is preparing to petition her parents from the Philippines, since she just became a US Citizen.
She is wanting to verify the initial requirements for filing, which I understand to be:
1. Form I-130's
2. Application Fees
3. Her birth certificate showing both parents names.
4. Marriage certificate of parents. (Only required for father)
She has a concern on the parents marriage certificate, since currently they only have a marriage contract from the local registrar's office. Their NSO marriage contract may not be available for up to 6 to 12 months.
Is the local marriage contract adequate?
I appreciate any answers.
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Bob,
I understand your point of luxurious airplane, if there were not a complication with the pregnancy. 5 hours???? Try 14 hours, and that only gets us back to the USA, not back home. By the time we finish the travel jaunt we will have been in airplanes and airports for over 24 hours.
I understand that airplanes are a fairly new invention, but we already have come a long way from the times of the Wright Brothers and even Charles Lindbergh. Today sitting for 5 hours in an airplane is not much different from sitting for 5 hours in a movie theater.How did people ever have children in the early days, I wonder? They had babies in caves, on pirate ships, in the Sahara desert, traveled in wagons across the wild west, with no doctor or even fresh water within days' reach. Nowadays we are afraid to enter a luxurious plane a few months before delivery date? Are you serious? I mean, really?
Getoutahere!
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Thank you, Tracy
I had not thought about contacting my congressman, that is a great idea. I might send it to both my representative, and the senators to see what happens.
Thank you, FreeTV
I was not aware of a cruise ship. We would still need to find a way to get to Japan. I'll run your idea past the Doctor next week and see what he says.
My only concern with you trying to remove conditions from there is she would have to have her fingerprints taken in order for the 10 year GC to be approved.Given a circumstance like this, though, I would think there would be some way they could accomplish that without requiring you to return to the states. Perhaps having her fingerprints done at the consulate - though that is Dept of State and they'd somehow have to get that information back to DHS. But I'm sure it's not impossible - it would probably just take some planning.
If you do indeed find she cannot travel, I would contact your congressman's office for assistance before you file so that you have a game plan. They have an immigration liaison who could reach out to USCIS and see what they suggest you do. I would NOT call the (MIS)information line. They'd probably advise you wrong and jeopardize her status.
*edited for typo*
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I've never checked on ship travel between the two locations, but when you say a few days, I think you should be saying a few weeks. It is a long haul by ship. As far as I know, the only ships which travel that route are freighters, which may have a few bunks for hire, but I'm quite sure they will not have a doctor aboard.
Don't they have boats from the Phil to the U.S.? I am sure you can get something to South Korea or Japan which I know for sure has trips to the west coast for something around $1000. With her still being a ways off, I don't understand how spending a few days on a boat could really cause trouble.... and they often have doctors on those boats anyway.... something to check into at least. -
Thank you, Darnell
Actually we have two opinions. We had the first opinion from a mid-wife, who I dismissed her thoughts, and scheduled an appointment with a Doctor. He said the same thing.
We may still seek one more opinion, it depends on what the Doctor reports, and the results of the sonogram.
The real question comes back to this, I'm not as concerned about medical advice. I'll leave that to the Doctors. If they claim it is putting the baby at risk, quite simply, we will not travel.
If it becomes the case we cannot travel, then I need to put together a plan for trying to insure my wife's ability to come back to the USA. I'm with her in the Philippines, and we are just trying to plan for the worst, while we prepare for the best case.
when is the baby due?I suggest you find another doctor, get second opinion.
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We will keep everyone updated. I'm sure we are not the first people to face this challenge, nor will be the last.
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Thank you for your answer. Luckily the 12 month time frame would not come into play even if we had to wait until the baby arrived. We would be back before then, but it is still a very long time out of the USA. We have another appointment with the Doctor early next week. We have return tickets next week, which we are hoping we can use. We have also contacted the airline to see if they will allow us any rescheduling options if the Doctor says "wait".
I'm just trying to get ahead of the game, rather than wait.
If we cannot return before sending the application in, we will make sure it is sent within the 90 day time window before expiration, and early within the 90 days.
First, congrats on your impending addition!One problem I see is that she needs to make sure she's not outside of the US for more than 12 months otherwise she is considered to have abandoned her LPR status.
Is there anyway she can fly back to the USA like now? Or is he saying "at all"? Is there anyway to say buy her a economy plus seat for the flight back making sure she has good leg room and is relaxed and not-stressed? Personally this is the option I would be seeking above all else, but if it's not viable I'm sure there are things you can do.
It is possible, anything is possible, but how difficult it is, and how stressful it would be is another matter.
Here is the info on what happens with the baby AFTER it's born: http://www.ehow.com/how_5359612_apply-crba...hilippines.html which should help. It will take about a month (hopefully not longer) to get that part sorted out.
Here is the guide for ROC: http://www.visajourney.com/forums/index.ph...p;page=751guide
Honestly I don't know what will happens. I would say make an infopass appointment but can you do that from over there? Honestly if her card expires in July then you need to apply in the 90 days BEFORE then, which starts around next month. I assume she would need to go to an interview, and who knows what else... and the greencard is really important so i would speak to the doctor and get him/her to speak to your doctor at home and travel back ASAP and take her to the doctor to make sure all is well.
I truly feel the safest option for all concerned is to head back now.
Good luck.
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We came to the Philippines with the intention of staying a couple months, and then returning to the USA. My wife is pregnant, and suddenly we have some big challenges.
The Doctor here is recommending my wife not travel, due to a concern with the pregnancy. Her 2-year resident card expires in July. I know we can send in the application from the Philippines, but may not be able to return to the USA until September after the baby comes in August. Even then, we are going to need to scramble to get a passport for the newborn through the Embassy here.
The first question I have, is this even possible?
The second question, if it is possible, do I need to notify an immigration office?
The last question, where do I need to contact?
Life certainly finds ways of throwing blessings and challenges to us at the same time. Luckily my work allows me to work from anywhere, so we are not without income, but this certainly was not in our plans.
Looking forward to any suggestions, or advice.
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I am self-employed, with a portable job. I can work from anywhere there is an internet connection.
My wife's 2-year green card expires next July, we have a plan in place to spend several months per year (possibly up to 6) working in the Philippines, with the rest of the time here in the USA.
We would maintain an address, banks, etc.. in both places.
We are wanting to start this plan shortly, and be gone for several months between now and the renewal of her green card.
Would this likely cause any major issues with her renewal?
Any tips, or advice we should follow prior to going?
Thank you!
Barry & Ann
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A friend of my wife arrived in the USA from the Philippines, in August. She was married shortly after that. But they have not applied for her Adjustment of Status yet.
Would she have any troubles traveling within the USA by airplane to come visit?
She does already have a Social Security Card.
If anyone knows a good answer to this, it would be greatly appreciated.
Thank you.
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Ann's permanent resident card just arrived in the mail today. No interview..very cool.
lol, and fast enough after the Work Permit and AP papers, that we never needed either of them.
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Congratulations!
I have a question for you.
My hubby just got notice that
EAD was ordered does the AP
come at the same time?
Actually we received the AP paperwork about 7 or 10 days before getting the Work Card in the mail.
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Yes, we were transferred to CSC.
Wow, that is COOL!! Ann's friend is going to be soooo jealous. She's had her EAD for about 2 months, but does not have approval on I-485 yet.
Thank you everyone for the SUPER fast responses.
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I'm a little to a lot confused.
We've done the Biometrics, we've received the Advanced Parole, and the EAD Card.
Now I receive an email updating me from CRIS on our I-485 Application saying the card production is ordered. Which sounds great...EXCEPT..
We've never had an interview, only a biometrics appointment.
is that possible?
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We just received our I-512L papers in the mail.
Ann is pregnant, and we'd like her to visit her family before she gets too far along. But then I read that wonderful statement that says "Parole into the United States is not guaranteed".
Has anyone had any issues with that? Or is that basically their disclaimer that if you break the law, they won't let you back in?
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Ann has her Biometrics this week Wednesday, and I don't find anything telling me whether there is an additional fee or not. Sure, hope not.. So, what is the answer?
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For any one reading this.... If your Filipina is tiny, and moving to a cold part of the USA, have her stock up on jeans and other things that might be helpful before coming to the USA. We had to shop in the "Girls" department at JCPenny's and Kohl's today to find sweat pants and lounge pants for Ann to wear around the apartment. Yikes, a girls 14 fits her. Small in the USA does not equal Small Filipina.
Luckily we'd bought a couple more pairs of jeans before we left.
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BlueSalmon, they did not ask for the X-Ray, and I even asked the Officer at the POE if he wanted it. He said "No, it's yours, keep hold of it."
The main things he asked Ann were where she was going, and then clearly explained to her that the Visa was a one time entry visa, and that we had 90 days to be married. He asked her a few questions about her home in Mabalacat, but I think that was more because he knew that area and was discussing things about Pampanga with her.
Unable to Issue - 212(a)(9)(A) - Ordered Removed - Questions about Waiver
in Waivers (I-601 and I-212) and Administrative Processes (221g)
Posted
Thanks everyone. That's what I understood, but he kept disagreeing with me. I asked him 3 times in a row if he was sure.
This was not our attorney, since up to this point we processed everything on our own. It was an attorney my wife thought sounded good from an FB group he runs, but after that chat, I'll find someone else.
Have a pair of local attorneys being recommended by a Catholic Charities Immigration Consultant that sounds much more promising.