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Allaboutwaiting

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Everything posted by Allaboutwaiting

  1. On March 1st, the Small Business Administration will no longer consider applications where an LPR owns or co-owns a business -even a small percentage-. Applying for a loan through the SBA, guarantees lower interest rates, longer terms and lower down payments, but LPR's no longer have this option. Legal permanent residents are now part of the list of ineligible persons which in the past, just included undocumented aliens and individuals granted asylum, refugees, visa holders and nonimmigrant aliens. This decision will particularly affect businesses co-owned by spouses, where one is a US citizen and the other, an LPR.
  2. Correct, I said it CAN be done during interview (as in it is an option, a possible action). My first statement: notify USCIS as soon as you have the decree.
  3. No one has advised such thing. Informing too early might cause denial if the decree is requested and not produced in time.
  4. You should notify USCIS until you have the divorce decree. Based on other's posts, I believe you can do so during interview and hand them the document. Otherwise, they will issue an RFE requesting for the final decree.
  5. Plan 1 is not an option: entering the US on a non immigrant visa with the purpose of adjusting status is immigration fraud. Plan 2 is the way to go. To establish domicile, it is enough for the sponsor that lives abroad, to prove the intention in good faith to establish his or her domicile in the United States no later than the date of the intending immigrant’s admission to the United States. Regarding the N-600, your son is not eligible as he is not a citizen. He is not eligible to apply for citizenship either (form N-600k) because your wife does not fulfill the physical presence requirement.
  6. You don't need a visa and the passport must be valid up until you plan on leaving the country -so no issue there either-. At most, you'll be asked how long are you staying and when will you leave, but likely they won't ask a thing, as you'll be required to fill a form either on paper or online, where you state where are you staying and for how long.
  7. The requirements are the same for all couples and the level of scrutiny a couple might face is related more to how common fraud is in the fiance's country. So it is a good idea if you check the India portal to read on experiences in that specific embassy.
  8. Here's the specific thread for everyone going through that process.
  9. Not my area of expertise but, what is your specific concern?
  10. There is no reason to be concerned. It is perfectly normal. Cases are not processed in order and sometimes the online status is not updated. Just keep checking and sign up for USPS informed delivery of you haven't yet.
  11. 1. To board the plane back and enter the country, she will show her expired GC and the 48 months extension. 2. You send the notification and a letter of explanation signed by her (she can send you a PDF that you'll print and mail). Now, from what I've read (I have no personal experience on that matter and wouldn't risk it anyway) an oath "no show" will be automatically rescheduled.
  12. You can do it when applying for naturalisation or even on the day of the interview.
  13. I am guessing that throughout your whole relationship you have communicated in English. If that is the case, then her grasp of English might not be the issue; possibly under stress she simply freezes, so that would be the problem to tackle.
  14. As @JeanneAdil said: you dont have to. A name change is not mandatory. What made you think that?
  15. I have a question: you say you proposed when she was there with you, so, where did you both stay when she visited and you proposed?
  16. You can request for a name change on the day of your interview and that can delay the oath ceremony up to 1-2 months, depending on your city/county judicial ceremonies calendar. The name change can be as simple as hyphenating surnames or changing one single letter.
  17. You can start a new one.
  18. https://www.cbp.gov/site-policy-notices/foia/records
  19. We were approved 27 months after filing (also from a K2), hopefully you'll be approved soon. GOOD LUCK!
  20. Oh yeah, that is a risk, but in my experience, it can be somewhat "controlled", I think. Have you read about a case like that? I haven't.
  21. From the US embassy in Canada website: "Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry. [...] As with all foreign visitors, Canadians are reminded that U.S. law requires entrants to qualify for the desired stay and purpose of travel at the time of their initial entry." From the CBP website: "There is no set period of time Canadians must wait to re-enter the United States after the end of their stay, but if it appears to the CBP officer that the person applying for entry is spending more time over-all in the United States than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents."
  22. You're right, I just checked the required evidence and it is not part of the I-129F packet. So, no issue. Once approved, on any subsequent form, you just input the place of birth with the right spelling. And use whatever is used in his country: village or town. They are aware that each country has a different administrative divisions.
  23. You will very likely receive a request for evidence asking for the missing birth certificate, so you can take that chance to amend the misspelling. Regarding the other forms, use what is on his birth certificate or passport.
  24. Seems they already applied for the K1. But applying for the spousal now would not be THAT bad considering that with the fiancee visa, they would still need to pay for AOS, EAD, AP and very likely, ROC. The "risk" of being lectured and even being sent to secondary inspection is always there -AP or not-. I agree with @Dashinka: the main issue is not entering the US but boarding the plane back. Problem is that if people avoid traveling on AP, the airlines will never really get acquainted with the document. I am guessing that now it costs 630usd, there will be way less applications and it will be just for actual emergencies.
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