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Mike2019

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  1. Confused
    Mike2019 reacted to Ryan H in Pregancy / Request to expedite...   
    ***Thread closed to additional discussion per details of the link below; do not restart this thread.***
     
    https://www.visajourney.com/forums/topic/671721-no-pregnancy-is-not-grounds-to-expedite-your-process/
  2. Thanks
    Mike2019 reacted to Lucky2Lucky in Should I married abroad or use a K1?   
    It does matter. There are certain requirements needed in order to pass down US citizenship. For example if you became a US citizen last week then you haven’t been a citizen long enough to pass down. If you have been a US citizen for 5 years but you’ve spent 3 years abroad then you can’t pass down citizenship as well. Look up CRBA for info on passing down citizenship to a child born out of the US. 
    if you marry and go the CR1 route your wife will have a greencard upon arrival to the US. She will be able to apply for a job ASAP as well and travel out of the country, if you go k1 it can be ~8 months before she is allowed to work or leave the country. The k1 will also be more expensive.
  3. Thanks
    Mike2019 reacted to LilyJ in Should I married abroad or use a K1?   
    With a CR1, your wife will be able to work immediately, travel outside the US immediately, drive immediately, etc etc. With a K1 your wife will have to wait 6+ months to do any of that once she arrives in the US. If you meet the requirements to pass along citizenship to your child then yes your child will be too, and you will complete CRBA (consular report of birth abroad) for him
  4. Thanks
    Mike2019 reacted to Unlockable in Should I married abroad or use a K1?   
    Yes, your child will be a citizen. So if you plan accordingly, your child will receive its US passport. You will have to file CRBA (https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html) after the child is born.
     
    ETA: Other advantages of the spousal visa, your wife will be a permanent resident (PR) immediately upon entry to the US. Not like the K1 where she has to file for AOS which could take another 6 months. She can also work and travel immediately when she is a PR.
  5. Thanks
    Mike2019 reacted to J+J in K1 and criminal record that was expunge missing   
    Mike - yes, my records were sealed, not expunged.   So I did have the option to unseal my records, but opted not to.
    I submitted a CORI report from before I sealed the records, showing that charges had been dismissed.  My attorney believed that would be sufficient for my situation and charges.
     
    If you don't have any paperwork at all for these charges, you need to see if the court will give you a letter declaring that there are no records in your name, then in 129F you explain that the charges were expunged.  The court letter backs up your statement.  Keep in mind I am far from an expert and just going through the process myself.
     
    I think you are right that this all does need to be handled at the petition stage so I misspoke.  
     
     
  6. Like
    Mike2019 reacted to John & Rose in K1 and criminal record that was expunge missing   
    It is to make sure the beneficiary knows. It is to protect them. You have no idea how many people file who aren’t eligible. There was one last year. He wasn’t allowed in the Philippines and he met a Filipino. He told her he had visa problems so after a quick 2 month relationship they decide to get married on Hong Kong. He files the CR which is quickly denied. She asks why and he said he may have had some legal issues many years ago but they are all clear now. Turns out in 2006 he was arrested for raping a 2 year old girl and then in 2009 he was arrested for raping a 6 year old boy. He was not eligible to even file but he never told his wife. She has young children that were going to follow. It isn’t about the petitioner. It is about the beneficiary. If he filed K-1 she would have known and not married him. This was not the worst story I’ve seen either. 
     
    The petitioner is not always honest with the beneficiary. This is one way to help them. 
  7. Like
    Mike2019 reacted to geowrian in K1 and criminal record that was expunge missing   
    3 main reasons:
    1) It's possible they don't see it for some reason. Computer records are not always 100% accurate, especially for older cases.
    2) They may need details, which may or may not appear in their system.
    3) The beneficiary must be aware. A criminal background check's result is not something they can just release - they require explicit, voluntary disclosure.
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