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VinnyH

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Everything posted by VinnyH

  1. Usually, when credit cards that are renewed due to the current one expiring, unlike in the case of a stolen card where the number is radically new, you will keep the same number (only the expiration date and security/CCV code will be different). Many credit card companies would honor ongoing subscription payments (cable, Netflix etc...) and some may even honor ad hoc charges made under the previous expired card. Therefore, you might be lucky.
  2. Your thread is greatly appreciated and I am sure it will be helpful to many. Sorry however that you went through so much trouble getting the info. I guess the lesson to learn here is to always look at who signed a document and go up the food chain: for the N-662, despite being a USCIS form, it was signed by a judge, so start from the judge and go up the chain from there for the apostille. No wonder USCIS was so useless... For the Certificate of Naturalization: - if you present the original (which you never do since you ALWAYS keep the original for yourself), because it was signed by a district judge, only a district judge can issue an apostille. - if it is a certified copy, because it is signed by the USCIS Field Office Director, the apostille must be issued by the U.S. Dept. of State.
  3. Thanks @millefleur! It makes sense that a local (federal) district court judge can issue an apostille, as it seems that this ability was delegated to them by the U.S. Department of Justice. A federal judge is, in principle, very powerful and can certainly certify that he/she had the ability to certify that he/she had the authority to sign a document such as a court order for a name change... 😁 In any case, thanks for this information!!!! As for the certified copy of the Certificate of Naturalization, I was explained that the only person (cabinet-level) who could certify a USCIS Field Office director signature is the Secretary of Homeland Security himself, but that Secretary typically would not issue an apostille, the prerogative instead granted to the U.S. Department of State (or, in some case the U.S. Dept. of Justice – which seems to be the judges themselves). For mine, I did it during COVID-19, which was a long and fastidious exercise (7 months), so I hope the process has been made more simple. I followed the guidelines below on the DOS website itself, and it is very well explained. https://travel.state.gov/content/travel/en/records-and-authentications/authenticate-your-document/office-of-authentications.html Good luck!
  4. Thanks @millefleur. I am confused though. An apostille does not authenticate the content of a document. It only certifies that the person who signed a document had the authority to do so. At the federal level and for court documents, my understanding was that the only highest-level government body was the Department of Justice, since only they can authenticate that the (federal) district court judge who signed the N-662 had the authority to do so. Am I wrong? In my personal experience, I had to have a certified copy of my Certificate of Naturalization (issued by the local USCIS Field Office – I made a full report on that thread here) translated and apostilled, and it was through the U.S. Department of State, since they were the only authority who could certify that the USCIS Field Office Director was competent to sign my certified copy of the Certificate of Naturalization.
  5. A Birth Certificate for a U.S. born person is not always a proof of citizenship (even though it does in 99.9% of the cases)... A child born in the U.S. from foreign diplomat parents would typically not be a U.S. citizen. The U.S. passport, even expired, is still proof of U.S. citizenship. Not sure why you would go through the trouble of getting a BC (unless your fiancée already has one at hand).
  6. If I may add some information to what you've just written... A visa (issued by the U.S. Dept. of State) is merely an authorization to show up / present yourself in front of a U.S. Immigration Officer (the CBP Officer – U.S. Dept. of Homeland Security) at a U.S. POE ("Point Of Entry") – might it be an airport or a land border POE. The duration of the visa means that you can use (meaning to show up at a POE) at any time until its expiration. You can technically use it to present yourself at a POE on the very last day. For a B1/B2, it is generally 10 years. The maximum duration allowed for your stay (as stamped on the passport) is left at the discretion of the CBP Officer, and ultimately decided upon entry (regardless of whether a visa mentions a maximum duration annoted as a remark by the Consular Agent who issued the visa – in the comments section). On the vast majority of the cases, people on a B1/B2 visa are granted a maximum stay of 6 months. This does not mean however that the visitor should stay that long, except for valid and legitimate reasons (how can a visitor indeed stay that long – this would demonstrate no ties in the home country, no job to go back to, and a stronger suspicion of immigrant intent). In the case of OP @MLo, if your fiance intends to come back regularly to visit you on his B1/B2 visa while the I-130 and CR1 visa and processed, it would be wise to not stay up to full duration of 6 months, because it may potentially jeopardize the subsequent B1/B2 visits and bring suspicions upon himself. I would advise 3-4 months, which should be enough for the wedding, spend quality time / honeymoon etc... assuming your fiance can take that much vacation and demonstrate he has the sufficient financial means. Again, do not volunteer to provide more information than what the CBP Officer asks you. However, if asked how long he plans to stay, do not lie: be honest, factual, assertive with proof to back your plans (return ticket, events agenda, bank account balance etc...). Stating that you are coming to the U.S. to marry a U.S. citizen will almost always bring scrutiny and unless the CBP Officer is easy that day, your fiance most likely will get additional questions. He needs to be prepared and convincing. Good luck
  7. Yes. Please note that you can marry your U.S. spouse in the U.S. while on a tourist visit, as long as you are not trying to then adjust status. But be prepared that when/if asked by the U.S. CBP Officer the reason of your visit and you state that you are coming to marry a U.S. citizen, you'd better be prepared to overcome the suspicion of Adjustment of Status, and might get denied entry. Cleanest way is to get married in Canada then CR1, or K1 and come to the U.S. to marry and adjust status.
  8. Big NO Have you even read what we all wrote to you? What you are trying to do is immigration fraud. My post was to explain why you might hear about some people who did successfully adjust status while on a tourist visit, but again, this does not apply to you. I also wanted to clarify about Canadians not needing an ESTA. Again, do the K1 or CR1. The Mods should close this thread.
  9. Canadian citizens do not need an ESTA to enter the U.S. nor do U.S. citizens not need an eTA to enter Canada. But as it was written by other members earlier, all of this is a moot topic since entering the U.S. on a tourist (non-immigrant) visit (ESTA or other tourism visa) with the intention to adjust status is immigration fraud. There have been cases where tourists would enter the U.S. on an ESTA, fell in love, got married and then adjusted status, but that was because it was all in good faith and the tourist did not have immigrant intent (to adjust status) at the time he/she initially entered the U.S., which is clearly not your case. As advised above, either go the K1 or CR1 path.
  10. This doesn't make any sense at all. If you follow this reasoning, all LPR (green card holders) should tick "non-U.S. resident" because all green card holders travel with their original country passport out and back into the U.S. Most of the answers you have received here make sense. Plus, you have the chance to do Pre-Clearance, so you have CBP agents on-site.
  11. Also, what surprised me the most was "how the hell was she able to board her flight into Rome from the U.S.?". Clearly the airline that issued her the boarding pass without checking her eligibility (Schengen visa) was bearing the responsibility and it was a clear case of it being legitimately fined for this situation.
  12. I saw that episode on National Geographic "Catching A Smuggler / Border Control – Italy" taking place mainly in Rome Fiumicino airport (FCO) with that unfortunate Filipino young woman who just landed and was detained because she didn't have a proper Schengen visa. She was traveling with her U.S. citizen husband and they were to catch a cruise throughout the Mediterranean for their honeymoon. She was a (probably conditional) green card holder with a Filipino passport and assumed that her green card would act as a visa. The Italian immigration police officer kindly explained to her that the green card is for U.S. only and bears no relevance in the E.U. and her Filipino passport required a Schengen visa. Although sympathetic to her pleading, they still denied her entry and was put on a flight back to the U.S. where, in tears, she was reunited with her husband who consoled her. It was a young couple who look nice and harmless, but well... dura lex sed lex. This is clearly a cautionary tale. Many people seem to think that a green card is the sesame that will open the door to the whole world in terms of travel...
  13. The WHTI is still in force. The June 30, 2022 deadline is only for entering the U.S. by air with an expired passport, which was an extraordinary measure set in place after the COVID.
  14. Those are most likely irrelevant details (how the salary gets paid). The truth is that even the balance of your bank accounts are irrelevant (you can quickly transfer money). Under U.S. Immigration laws, you are automatically considered/presumed to have immigrant intent, and the burden is on you to prove otherwise to the Consular Officer during the interviews. Again, documents are generally irrelevant and you can bring them, but the CO is not obligated to look at them. This is because documents can be falsified/forged, not verifiable and/or not enforceable. Most of the times, if you can articulate clearly why you need to travel (tourist or business) with motivated reasons, have a clear plan for your travel that makes sense, explain things simply and have a body language that is in line with what you say, half of the work is done. In your favor, you have a history of your travels and the (wise) usage of your previous visa that shows you didn't overstay or did not make too many frequent and long duration trips that could be appear suspicious in that you are trying to circumvent the purpose of a B1/B2 visa. The fact that you can prove you have a stable job generating a stable stream of income, own some property, have a life established in Bahrain with family with friends will be the last criterion. To prove all of the above, you can have documentation with you but if the way you explain is clear and not confused, your body language is the best lie detector, you might not even need to show those documents. COs are trained to read people in their voice and body language.
  15. Yes, but your L-1 visa is technically still valid if you haven't left your employment. You are only a parolee from the moment you re-entered under the AP. Therefore, exiting the U.S. and re-entering with your L-1 should reinstate your status, no?
  16. I may be wrong but my understanding is that a L-1 visa is a dual intent visa. Therefore, as a L-1 visa-holder, you can technically re-enter the U.S. without using the AP. I was an E-2 visa holder and my husband was a L-1. My company sponsored me for the green card, with my husband being a dependent. While we were adjusting for status, I could absolutely not travel until I got my AP (EAD+AP Combo Card). My husband had to fly abroad for business and was able to re-enter under his L-1. He did it 3 times without issue. The CBP Officer did ask him some questions as it probably popped up on his screen that he had a I-485 pending. Of course, when we both received our combo card, he used it rather than the L-1 visa, although it was much more inconvenient (AP requires to go through secondary inspection while L-1 does not).
  17. Interesting link thanks. So basically, if you accidentally registered to vote, you should be fine, but if, as part of the registration process there is a specific question asking you to confirm that you are a USC (I guess it would depend on each state's DMV) and you replied "yes", then you might run into an issue because you clearly misrepresented that you are a USC. I agree that OP's wife should have with her all the justification documentation and ready for a strong explanation.
  18. Agree with everyone else, apply under the 5-year rule. You generally apply under the 3-year rule when you don't qualify under the 5-year rule but it usually goes with more scrutinity. Also, a humble opinion/comment: unlike the K-1 process and the I-485 where the sponsorship, involvement, support and oversight from the U.S. spouse is critical, the N-400 is a deeply personal journey. Your husband has been here in the U.S. for all those years and took the decision to naturalize and become a U.S. citizen... I am wondering why you are applying for him. He can do it by himself. Also, you won't be there with him the day of the interview and it would be best for him to do the application himself as he will be questioned on his answers.
  19. Not stating the obvious, but alimony and child support cases are family court matters, which are State Court (here Georgia). No state judge has any authority to grant U.S. citizenship, nor direct a federal agency (USCIS or the State Department) to recognize the child as a U.S. citizen, which are federal matters. Maybe a U.S. District Court can, but I fail to see legal grounds for the Colombian mother to file a suit. So I agree with what has been written by other posters: unless OP's friend initiates himself the CRBA himself, nothing is going to happen on the citizenship side.
  20. They'd better know or have a rough idea (2 weeks, a month, 2 months), because a trip like that is not improvised but carefully prepared with an idea of the agenda (no need to know day by day, but a general estimate). Furthermore, the grand-daughter must go to school (unless school holidays period) and the adults have a job and cannot afford to come visit for an unknown duration. Depending on the duration, they will need to prove they have have the financial means to sustain themselves for the duration of their stay. You need to make sure that all their answers are consistent and not contradictory, and they flow smoothly. In most cases, the decision is already taken based on the information submitted in the DS-160 application, and the appointment is to say yes or no (consular officers have tons of applications and try to spend no more than 15min on each interview). They will ask questions only if some info was not clear on the application and need clarification before taking a decision. Clarity of the answers, body language are key. Documents can be brought, but consular officers are not obligated to examine them (and are advised during their training not to review documents – they can be fake and even if authentic, there is no way to enforce them). Remember that under U.S. Immigration Laws, every visa applicant is deemed to have immigrant intent unless he/she can convince the consular officer otherwise. So, the answer by default is to reject the visa application. Therefore, showing strong ties is critical. Of course, if they are truly here for visit, there shouldn't be any issue. Good luck!
  21. Is it for a VIE ("Volontariat International en Entreprise")? As a French citizen, I came to the U.S. on a J-1 visa for my training in a French bank. The visa consular agents are extremely careful that you demonstrate to them that you have no immigrant intent by proving your ties to your home country, and make sure that you plan to go back home after your trainee program.
  22. First, it was meant to be a joke. Second, even if it was the case, I am nobody to judge. It's a legal professional activity, and adult performers, just like any other entertainment professionals, would be subject to visas as well in order to perform in the United States. I happen to know adult performers and the adult entertainment industry, hence my quirky remark. The way OP worded his/her question with the term "other social media collabs" is so vague that it can mean anything, from collaborations with U.S. brands on Instagram/TikTok etc..., but yes, also collaborations with other performers or U.S. studios on OnlyFans.
  23. ***Disclaimer: I am not a lawyer. Everything I wrote only reflects my personal opinion*** Thanks @Naey for the clarification re. the Beibehaltungsbescheinigung, makes sense, and glad he was able to keep his German citizenship! I am myself a U.S.-French dual citizen. I would like to make it very clear that I am not saying that we should not follow the law. I am a law-abiding citizen as far as I am concerned. But like I mentioned, some laws are: - stupid-yet-still-on-the-books (e.g. the Statute 18 U.S.C. § 336 makes it a federal crime to issue "any note, check, memorandum, token, or other obligation for a less sum than $1” in lieu of money.") or just - still-on-the-books-but-not-enforceable-in-practice which is the case for the requirement for a U.S. citizen to exit and re-enter the United States with a U.S. passport. Again, when exiting, because unlike other countries, there is no systematic passport control upon exiting the U.S., the government is not even capable to flagging it (unlike re-entering where there are CBP POE controls). So I am not suggesting that you break the law, on the contrary, you should always be a law-abiding citizen (after all, your partner doesn't want to start his U.S. citizenship by violating a federal statute 😉). Your German/U.S. partner should do his best and exhaust all the options (incl. your Congressmen) he has to get his passport on time before leaving the U.S., but you also have to be practical and use your common sense, especially when an emergency arises and that there is no other solution. Given the current passport applications backlog and the (very real) difficulty to obtain an appointment at a U.S. Passport Agency (even for extreme emergencies), the option of leaving the U.S. on the German passport, apply for the U.S. passport through the Consulate and re-enter the U.S. with it is a reasonable option which should only be considered as a last resort solution. And if you believe the various testimonies on this forum and others, people doing what you suggest happens more than you think... It seems however that some black-or-white mindset people here have a problem with this thinking... 😊 Good luck!
  24. The law is still on the books but it was gutted from the punitive provision making it, in practice, unenforceable, because CBP has no official way to discipline you for not using your U.S. passport to exit and/or (re-)enter the U.S. This is explained and detailed at this page: https://isaacbrocksociety.ca/2013/05/01/the-history-of-the-requirement-that-u-s-citizens-only-use-u-s-passports-to-enter-the-u-s/ Add to that the fact that there is no passport control upon exiting the U.S. (aside from checking the records of the airline's reservation), there is virtually no chance in practice that the person will be caught. Even upon (re-)entering the U.S. territory, there were several reported cases that U.S. citizens were successful to do so without a U.S. passport. You cannot be denied entry because you are a U.S. citizen, so if you come back and present to CBP your Certificate of Naturalization, it is proof enough that you are a U.S. citizen. How do you manage in practice to get to the Point of Entry though? - by land (Canada or Mexico), it's easy, jist show up your Certificate of Naturalization. - by air, boarding the flight is the main issue since you need to show either a visa or an ESTA (depending in your foreign citizenship) before the agent will issue you a boarding pass. It is not unheard that dual citizens somehow manage to get an ESTA (for the sole purpose of being able to board – there was a page on CBP even advising it to), bit as soon as you arrive, identify yourself to the CBP agent as a U.S. citizen. Sure you will be sent to secondary inspection in both cases (land and air), where the CBP will detain you and make hell to you, but they will eventually be obligated to release you into the U.S. after strongly admonishing you and tell you to get a f*cking U.S. passport next time. All that to say that @Naey that she is fine and that her German husband will have absolutely no issue at all to leave the U.S. on his German passport, apply and receive his U.S. passport from the local German Embassy and fly back. He can technically even come back with only his Certificate of Naturalization by flying to Canada & Mexico and attempt to enter by land (easier than by air as explained above). My only question is that: how can he keep his German citizenship after naturalizing? I believe Germany forbids dual citizenship and the new law has gone into effect yet.
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