accumbyte
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accumbyte got a reaction from Danmuji in Interpreter & preparer
The paralegal is incorrect.
Not needed; when you sign you swear that you are proficient in both English and the foreign language.
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accumbyte got a reaction from Q2018 in What if EAD renewal isn't approved after 180 days
You can try contacting USCIS at 800-375-5283 and request an EAD expedite based on "severe financial lost to person" because you can't legally continue working after the 180-day auto-extension: https://www.uscis.gov/forms/expedite-criteria
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accumbyte got a reaction from Chocobo in from B-2 to adjust status
Not fraud if they didn't have preconceived intent to AOS: https://citizenpath.com/faq/preconceived-intent-adjust-status/
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accumbyte got a reaction from janielee in April 2018 Filers of I-130 for Parents IR5 of U.S Citizens
Since all immedate relative petitions have similar processing times and I couldn't find a thread for October or November, below is the September 2018 thread for spouses:
As you can see just some September I-130 petitions have been approved so far. Thus it's very normal that your November petition for your mom is still processing. Keep an eye on the thread above.
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accumbyte got a reaction from Unlockable in Any info would help
Although the K-3 is still mentioned in current US law, it's basically obsolete. Below are the number of K-3 visas issued worldwide per fiscal year; https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXVIB.pdf:
2018: 6 visas 2017: 15 visas 2016: 102 visas 2015: 182 visas 2014: 392 visas 2013: 144 visas Probably near 0 K-3 visas will be issued in fiscal year 2019.
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accumbyte got a reaction from Usaph in Waiting for K1, what is timeline to bring her Filipino child
It does. As a Philippine citizen, the child needs a Canadian tourist visa to seek entry into Canada. Even if the child enters Canada, would the Montreal Consulate issue a K-2 to the child with only tourist status? In the other scenario, what would the process be for the K-2 to be issued in Manila if the K-1 is issued in Montreal? Would Manila need the complete original file of the approved I-129F?
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accumbyte got a reaction from Usaph in Waiting for K1, what is timeline to bring her Filipino child
Cost comparisons
K-2 Follow to Join (this differs with a young K-2 that comes about the same time as the K-1; i.e. a $390 cheaper K-2 AOS "Under 14 and filing with the I-485 application of at least one parent"):
Petition filing fee: No separate petition means no fee. $0
Embassy fee: $265
Medical Exam: Varies
Travel Costs: Varies
AOS: $1140 if under 14. $1225 if 14-78.
ROC: Not completely ruled out since USCIS processing is not always predictable. E.g. the K-2 enters 11 months after the K-1. Depending on the field office (and sometimes luck), AOS could be approved before OP's 2 year marriage anniversary. Thus a separate $680 ROC fee.
IR-2/CR-2:
I-130: $535
NVC fee: $445
USCIS Immigrant Fee: $220
Medical Exam: Varies
Travel Costs: Varies
AOS: No AOS. $0
ROC: Very likely. $680
Summary (CR-2 ROC fee assumed below)
No K-2 ROC fee comparison: K-2 is ~$475 ($1880-$1405) cheaper than CR-2
With K-2 ROC fee comparison: CR-2 is ~$205 ($2085-$1880) cheaper than K-2
Not a huge difference. With the IR-2/CR-2 there is no guesswork, i.e. the exact process, etc., unlike the K-2 follow to join for OP's future step-child. OP could follow the following steps:
His fiance enters the US with the K-1. They marry (and wait for an official copy of the marriage certificate). Around the time the K-1 AOS is filed OP can start the IR-2/CR-2 process by filing the I-130. After I-130 approval it's NVC stage. Then Embassy stage. If only the OP picks up the child, then the child would need Department of Social Welfare and Development travel clearance: https://rapidvisa.com/taking-fiances-spouses-children-philippines/ Then the child enters the US. Very likely ROC will be required 2 years later. -
accumbyte got a reaction from Usaph in Waiting for K1, what is timeline to bring her Filipino child
The child would also need a document from the Commission of Filipinos Overseas: https://cfo.gov.ph/rnr-pdos.html Minors aged 12 and below are exempted from attending the PDOS/Peer Session but still need to register personally or by proxy. The Peer Counseling Program is for children aged 13-19 years old.
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accumbyte got a reaction from junkmart in from B-2 to adjust status
It's neither unethical nor illegal to have preconceived intent at POE to marry with a B-1/B-2 (or VWP); some people even legally start the CR-1 process this way by leaving the US after marriage:
It always is illegal to have preconceived intent at POE to either AOS or overstay with a B-1/B-2 (or VWP).
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accumbyte got a reaction from lonesurvivor in from B-2 to adjust status
It's neither unethical nor illegal to have preconceived intent at POE to marry with a B-1/B-2 (or VWP); some people even legally start the CR-1 process this way by leaving the US after marriage:
It always is illegal to have preconceived intent at POE to either AOS or overstay with a B-1/B-2 (or VWP).
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accumbyte reacted to JFH in Does having kids speed up the K1 process?
Complete nonsense. Whoever told him that was an idiot. It’s not illegal to be married to a USC. It’s not illegal to marry on the VWP. I did exactly that. And continued to visit as my husband has a ban from the U.K so I had to do all the traveling (plus I work for an airline). I racked up over 40 visits before I got my CR-1 visa.
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accumbyte reacted to pushbrk in Upgrade I-130 after naturalization
Upgrading is essentially instant once they are notified, but the upgrade has no impact on the USCIS part of the timeline. It will make things go more quickly AFTER the petition is approved.
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accumbyte got a reaction from HaruBK in Question after K1 entry
Yes, use married name.
SSA lady is correct. Wait until she receives either the EAD or GC with married name.
No. She can apply with the maiden name now. When she gets either the EAD or GC and SSA has the married name she can change the license to married name.
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accumbyte reacted to K1visaHopeful in Question after K1 entry
The fact is that K1s are essentially ID-less in the new married name and cannot drive until EAD or the GC is approved. It's nothing new. Just a shortcoming of the K1 process.
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accumbyte got a reaction from junkmart in from B-2 to adjust status
Not fraud if they didn't have preconceived intent to AOS: https://citizenpath.com/faq/preconceived-intent-adjust-status/
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accumbyte got a reaction from Junior11 in April 2018 Filers of I-130 for Parents IR5 of U.S Citizens
It's the $220 USCIS Immigrant Fee. It can be paid online with credit card: https://my.uscis.gov/uscis-immigrant-fee/
It's $220 per person.
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accumbyte got a reaction from Dashinka in i94 Expires but did not receieve Extension i539 Receipt
The tourist visa (or VWP) could be revoked. Thus, no future tourist visits. Better play it safe.
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accumbyte got a reaction from Crazy Cat in i94 Expires but did not receieve Extension i539 Receipt
^^This. If she is capable of leaving the country* she should leave. OP, why was the I-539 filed?
*Note: if she doesn't live in either Mexico, Canada, or the Caribbean she should leave the whole continent of North America. Better safe than sorry.
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accumbyte got a reaction from millefleur in Should we get married in her country first or in america first!!
Although the K-3 is still mentioned in current US law, it's basically obsolete. Below are the number of K-3 visas issued worldwide per fiscal year; https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXVIB.pdf:
2018: 6 visas 2017: 15 visas 2016: 102 visas 2015: 182 visas 2014: 392 visas 2013: 144 visas Probably near 0 K-3 visas will be issued in fiscal year 2019.
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accumbyte got a reaction from millefleur in Should we get married in her country first or in america first!!
Expanded list of Non Immigrant Visas that allow dual intent; https://citizenpath.com/dual-intent-visas/:
E visa types: Treary investors, traders, etc H visa types: Specialty occupations K visa types: Fiances (and their children) of U.S. citizens L visa types: Intra-company transferees O visa types: Individuals with Extraordinary Ability or Achievement P visa types: Individual or Team Athlete, or Member of an Entertainment Group, etc etc -
accumbyte reacted to aaron2020 in Asking for a friend :) :)
There's a miscommunication.
Remarrying in the US has nothing to do with not accepting the Mexican divorce.
If there is a problem with the Mexican divorce, remarrying in the US is not the answer.
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accumbyte reacted to carmel34 in Asking for a friend :) :)
There have been some VJ threads about a divorce from Mexico or other countries not being recognized by USCIS or DOS embassy/consulate abroad. So your friend needs to clarify this whole idea of getting married again to make sure they are doing the right thing and get in writing exactly what steps to take in order to get approved for DCF or whatever they are trying to do. Was this an RFE? In writing? Or just a phone call? The whole thing about getting married a second time seems very strange without resolving the divorce thing first. Maybe what they were asked to do, if the Mexico divorce decree was not recognized, was to go to the US, file for a divorce there from wife 1, then get married to wife 2 after that. That would make more sense since according to whatever office they are going through, their first marriage was not valid because the divorce was not recognized.
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accumbyte reacted to C90 in Bringing Checked Bag and Carry-on
I always used to travel to the US with 1 checked bag, 1 carry on and 1 personal item, and I always stayed for 2-3 weeks at a time before I moved here. Never had any trouble.
If she would arrive with say 3 suitcases than yeah, she could run into some trouble
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accumbyte got a reaction from Sunfl0wer in IR-1, CR-1 or K3 what do I want?
Stranger things have happened. In a few cases I-130 petitions are somehow getting IOE numbers. And those petitions are processed relatively quick. In the thread below the petition was processed in 2 months:
But this is the exception, not the norm.
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accumbyte reacted to Crazy Cat in IR-1, CR-1 or K3 what do I want?
This is one attorney's opinion-written article:
https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/
"Even if the person gets into the U.S. they still cannot adjust status to permanent resident.
Let’s say our Chinese wife gets into the United States on her B-2 visitor’s visa. Remember that all along she was planning to apply for residency, so after entry her husband files and I-130 Petition for Alien Relative and she files an I-485 Application to Adjust Status to Permanent Resident. She’s already in the country, and their marriage is legitimate, so is she home free? No.
An I-485 application for permanent residency is considered an application for admission to the U.S. This is a counter-intuitive concept that many struggle with. Even though the applicant is already in the country, U.S. Citizenship and Immigration Services (USCIS) treats the person as though they are outside the U.S. and seeking entry. Why does that matter? Because the person is screened for all grounds of inadmissibility.
What are the grounds of inadmissibility? The immigration statute has a long list of rules about whether a person is admissible to the U.S. A person is considered inadmissible if she has certain diseases, has committed certain crimes, is a security threat, etc. But a person is also inadmissible if she has committed immigration fraud. Under INA 212(a)(6)(C)(i):
"