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vivostu

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Posts posted by vivostu

    Police/Fingerprint Check

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    7 minutes ago, rainingsilver64 said:

    Does anyone know the process(es) for requesting a police check from Australia and Canada while abroad?  Is this doable by ourselves, or would you recommend getting a lawyer to help?

    You can do it yourselves.

    Australia: https://www.afp.gov.au/what-we-do/services/criminal-records/national-police-checks

    Canada: http://www.rcmp-grc.gc.ca/en/steps-getting-a-certified-criminal-record-check

    Temporary Driver License while on AoS?

    in Moving to the US and Your New Life In America

    Posted · Edited by vivostu

    32 minutes ago, geowrian said:

    Every state has a DMV that doesn't understand immigration. :P

    True. If they deem the I-485 receipt notice as not satisfactory proof of legal presence in the US then AB 60 is a gaping loophole: "Assembly Bill (AB) 60 (Chapter 524: Statutes of 2013) requires the department to issue an original driver license to an applicant who is unable to submit satisfactory proof of legal presence in the United States."

    NEWBIE asking for daughter and her fiancee pls be gentle!

    in What Visa Do I Need - Family Based Immigration

    Posted

    8 minutes ago, ourjourney_pc said:

    yes thank you, i've seen that one before and also just now before i asked john,

    but i was just confused because i remember the last time checked the site, it does say that filing fee was $120..

    and also if you see the analysis for CR1 (from john & rose), you have to file the same form i864 but with payment of $120

     

    thank you all

    You're conflating CR-1 costs with K-1 costs. Like @John & Rose said there is no I-864 fee for the K-1 process.

    Temporary Driver License while on AoS?

    in Moving to the US and Your New Life In America

    Posted · Edited by vivostu

    10 minutes ago, geowrian said:

    What was the exact wording? In your original post you said do not have "legal presence". In the quoted post above you said "legal status".

     

    Your legal status ended the date your I-94 expired. You gained a period of authorized stay (a legal presence) when you filed the I-485.

    It's inept California DMV field office employees. When they see an I-485 I-797C they think it's a meaningless piece of paper. I have even seen them tell individuals that recently entered with IV visas (obviously they brought their foreign passports with the CBP endorsement stamp to the DMV) that they don't have legal status! The pinnacle of incompetence.

    Temporary Driver License while on AoS?

    in Moving to the US and Your New Life In America

    Posted · Edited by vivostu

    34 minutes ago, DeepakChani said:

    Will I be able to renew my driver's license when it is about the expire? Please let me know. Thank you in advance. 

    Ask the DMV Issuing Department ((916) 657-7790) and ask them to contant DHS to verify that your AOS is pending.

    Also, if you paid the DL fee in 2018, then the fee (not the DL card) should be valid until your birthday in 2023*; so no need to pay more DL fees before that date (1 exception is if you change your legal name and want it to be reflected on the DL; that requires a $27 fee).

    *If the last 2 digits of the DD (Document Discriminator) code is "23":

    1

    NEWBIE asking for daughter and her fiancee pls be gentle!

    in What Visa Do I Need - Family Based Immigration

    Posted · Edited by vivostu

    5 hours ago, NJShoreMom said:

    As I previously mentioned, he is currently living in Rome Italy altho he is a citizen of Turkey.  Would it matter if she traveled to Rome to marry him or would she have to go to Turkey?

    They could marry in Rome but the marriage is not as quick as, for example, a courthouse marriage in the US: https://www.italianweddingevent.com/wedding-requirements-for-italy/requirements-for-us/ The best option is marriage in either Copenhagen, Denmark or Reykjavík, Iceland:

    Italy, Denmark, and Iceland are in the Schengen travel area so he can travel without issue as he is an Italian resident: https://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-nationals/index_en.htm "If you have a valid residence permit from one of those Schengen countries, it is equivalent to a visa."

    She, as a US citizen, does not need a Schengen visa so she can also travel to those countries without issue.

    DIY AOS Filling

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    3 minutes ago, babybabycakes said:

    CORRECTION BTW: I have I-797C not I-129F. I am confused what's the difference between the 2 😑

    That might be the I-129F receipt notice. Approval notices are usually sent on I-797:

    noa2.jpg

    What does it say for "Notice Type"?

    32 minutes ago, babybabycakes said:

    I have also prepared I-131 (Advance Parole) but I wasn't sure what to write on "Reason". Will it be acceptable if I write "To visit family"? And for the "Country to visit" I only wrote "Philippines".

    I was just wondering, when the time comes, can I still travel anywhere aside from Philippines? or is it something I need to include in advance?

    The I-131 is a multi-use form. For your case putting "To visit family" and only "Philippines" is fine; travel to other countries is also allowed in your case (regardless if they were or weren't listed at I-131 filing).

    K1 november

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted · Edited by vivostu

    12 minutes ago, derrickmd18 said:

    Got a case received for 129F on November 20th 2018.  and it still hasn't been approved.  When is a good time to start calling them to see whats going on? 

    Way too early; less than 50 days have passed. Takes around 300 days: https://www.visajourney.com/timeline/stats.php?cfl= And can't complain until after ~8 months: https://egov.uscis.gov/processing-times/

    Couple of Questions prior to AOS application

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    1 hour ago, K1visaHopeful said:

    I485 - $1140 plus $85 biometrics fee ($1225 total)

    I765- free if filled concurrently with I485

    I131- free if filed concurrently with I485

    Just adding that I-765 and I-131 are also free if filed after I-485 and AOS is still pending; in those cases a photocopy of the I-485 receipt notice is also sent.

    Need some great K1 Visa advise on divorce!!!

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    23 minutes ago, Delandman said:

    Yes we did file the I765 and I-131 for employment and advanced parole but thought the only time you could leave the country and come back is for emergency situations?

    Were they approved? If yes, then a quick visit to her country, like @dawning mentioned, is possible. Travel on AOS advance parole can be done for any reason, not just an emergency; also travel on advance parole is very low risk:

    In that thread there was a user that had to wait 2 hrs to be admitted, but ultimately was allowed re-entry (and that's what matters).

    And if she has an EAD, then she could apply for a DL and get a learners permit.

    Need some great K1 Visa advise on divorce!!!

    in Effects of Major Family Changes on Immigration Benefits

    Posted · Edited by vivostu

    4 hours ago, Delandman said:

    She can’t drive which sucks

    When the I-485 was submitted were Forms I-765 and I-131 also submitted? Those forms are for employment authorization and advance parole (for re-entering the US after travel abroad); the 2 forms were (and still are but unlikely to be approved within 25 days) free to submit in her case.

    1 hour ago, Delandman said:

    The problem is that if she goes back before she gets her green card she will not be allowed to come back to the states because she forfeited her K1 Visa and didn’t go to the green card interview correct? It’s a tough one.

    Yes, her Adjustment of Status will automatically be abandoned if she leaves without an approved advance parole document; but if you reconcile and don't divorce then the IR-1/CR-1 would be the straightforward path to a GC.

    Very confused I-90 - 10 year renew.

    in General Immigration-Related Discussion

    Posted

    4 minutes ago, LiszyandKenny said:

    Do they request supporting documentation (pics, lease, bills, exc.) to be sent or not? I have been reading conflicting information, so I am really not sure.

    No. Just a photocopy of your GC.

    5 minutes ago, LiszyandKenny said:

    I only see the form online but if supporting documentation is needed, where to send it to?

    Online filing is recommended. It let's you upload the scan of your GC.

    6 minutes ago, LiszyandKenny said:

    Also is there a specific place to be sending this through mail?

    Filing Your Form I-90 Form By Mail

    If you submit a paper application, send it to:

     

    For U.S. Postal Service (USPS):

    USCIS

    P.O. Box 21262

    Phoenix, AZ 85036

     

    For FedEx, UPS, and DHL deliveries:

    USCIS

    Attention: I-90

    1820 E. Skyharbor, Circle S, Floor 1

    Suite 100

    Phoenix, AZ 85034

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