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belinda63 last won the day on October 11 2015

belinda63 had the most liked content!


About belinda63

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    Star Member
  • Birthday 07/25/1963
  • Member # 34463

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    Naturalization (approved)
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  1. Was he honest when he applied for the work visa and disclosed his illegal entry?
  2. A US citizen is not eligible for a visa. There have been times when a person applied for a visa for a child and it was put on hold while the CRBA process was done. Failure on your part to complete the process does not exclude the child from being a US citizen. It is very possible that when they go for the interview you will be told to apply for CRBA for your daughter and she will not be issued a visa unless it is found she does not qualify for US citizenship.
  3. Not a bit. There is no US Consulate in the United States. If she wishes to pursue the K-1 visa she will need to go home and have the medical and the interview in a country she is legally residing in.
  4. Under what category are you filing for naturalization? You have not been a permanent resident for five years.
  5. Looks like you were not going to have an interview which is why they sent the second notice saying send the medicals in. Since you did not submit the medicals as instructed your case was correctly denied. Refile.
  6. The issue is he made a sworn statement for the purpose of obtaining a benefit (tourist visa) and lied on the application. Now he has to "undo" his lie. And the only way to do that is provide legitimate divorce papers from his first wife. How he would go about obtaining a divorce from someone he was never married to is what he needs to figure out. If he can somehow manage to do that legally then you will need to marry him again since your marriage is not currently legal in the eyes of US immigration. Do you see the issue here? According to US immigration he was legally married previously and has provided no evidence that marriage was ever ended.
  7. From the spouse's point of view, he comes home from work, has to take the wife to work, care for the kids, stay up until 11 or midnight to wake the kids up to pick up mom. Then he has to get up at what 6 maybe 7 to go to his job. I can understand his frustration. 1. Never, ever leave a child under 12 home alone. This is a crime and dangerous. 2. Try to work out a compromise. Bike, Uber, quit the job until you get your license, etc. 3. I this is the only major issue in the marriage both partied need to discuss it and work out a solution. I think the people who are speaking of abuse are a little to quick on the draw. I can see if I were sleep deprived being a bit short with the spouse. Not justifying just saying I can understand.
  8. When you apply for the license you both will be asked if you currently single or some other verbiage to indicate you are legally free to marry. If you are already married how are you going to answer yes without lying since you are currently married.
  9. Asking about the two year requirement and a waiver is a moot point as she currently has no path to obtain a green card. There is no green card based on the child until the child becomes 21 and petitions her. There is no immediate path through the sister. There is no path for her being her a certain length of time. How does she plan to pay for the birth of the child?
  10. A few things to consider here. 1. Your spouse is working illegally which will be forgiven as the spouse of a US citizen when he applies to adjust status. But his income cannot be used to sponsor him. 2. You said his employer gave him an I-9. What category was checked for it to be completed? If they marked him as a US citizen this could be a major issue. 3. You will need to follow the guidelines for filing the 1-130/I-485 concurrently to get him a green card based upon your marriage. Since you don't work and his income can't be used you will need a joint sponsor with sufficient income for their family and your spouse.
  11. If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. Source
  12. But does she speak with an English accent?
  13. By marrying a green card holder you cannot adjust status from inside the US as you attempted to do with your USC wife. The spouse of a green card holder must wait until their priority date is current to obtain a visa/adjust status. If you are out of status when that time comes you cannot adjust status in the US as the overstay is not forgiven as it is for the spouse of a USC. An additional issue is you might have an Order of Deportation against you or an immigration court date due to your previously denied AOS. Normally when AOS is denied you are given 30 days to leave the country which you did not do. So at this point in time you have no immediate path to obtain a green card, you are in the country without status and subject to detention and deportation at any time, and you probably have an active immigration warrant out for you. In addition to all of the above issues if you reach the point where you interview for a visa or green card there is going to be major discussion about your previously denied AOS application and you jumping from marriage to marriage.
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