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VinnyH

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Everything posted by VinnyH

  1. Indeed, but the OP asked about coming to get married and do the AOS, so the idea is there and if they proceed with that plan, there is clearly intent now. What counts is the intent at the POE when OP's fiancée arrives in the U.S. The mere fact that we are discussing this topic here provides the proof of intent. Now, from a legal standpoint, it's gonna be hard to prove the intent, but let's be serious and honest here. Not here to police anyone, just providing my opinion.
  2. 1. It is legal to stay and adjust status if that was not her intent initially when she entered the U.S. to stay and adjust status. Plans change and life happens, so a tourist who enters the U.S. initially for tourism (with no immigrant intent so far) and meets by chance the love of his/her life and happens to marry by the end of the 90-days granted by the ESTA can totally do the AOS once married. In your case however, you and your fiancée clearly have the immigrant intent for her even before she arrived in the U.S., therefore it is totally illegal. When your fiancée arrives to the U.S. POE, the CBP agent will likely ask her the reason of her visit. She can say she is here to marry, or lie and says she is here for tourism purposes or visit you as a "friend". The CBP agent may get suspicious and asks what your relationship to her you are, and if it is discovered that you are engaged, then she will be under scrutiny, because although coming to get married is not illegal, the CBP is always concerned whether she will leave. So if she decided to be honest from the beginning and say she is here to get married, they will assess whether her plan to leave after the wedding. Two options: A. Be honest and say you intend to adjust status: she will be denied entry and sent back. You can still go with the CR1 option in her own country. B. She lies and is admitted. You get married and do AOS. So indeed, she can always lie, and this is a serious misrepresentation. It might never get caught and you will be fine. But a lie remains a lie and it can always come back and bite her in the butt later on, especially when/if she decides to apply for citizenship when the USCIS will look at all the timeline, and you might be questioned to explain yourself. Or the USCIS might not care at all. At the end of the day, it is about doing the right thing and a question of ethics, moral and following the law. You are the one making the decisions.
  3. Hi vivfran, Search on the forum before asking the question is always a good idea! This was covered in details in the post I wrote here below. Please be aware that your USCIS Regional Field Office will only issue those for valid reasons and the process is very complicated.
  4. The form filler ("wizard") is just an automated tool that helps you prepare the application form. You are not claiming anything until you submit that form by signing and taking an oath before a sworn passport agent. Moreover, info input is not stored anywhere on the State Dept. servers, but cleared once you exit the page, so you're fine. I asked myself the same question when I naturalized, but realized I was too paranoid.
  5. It looks like your HR is focusing too much on your CR-1 visa instead of your I-551 stamp which is the evidence of your LPR status. You are correct to show them the I-9 official list of accepted documents.
  6. As I was explained by the agent at the U.S. Passport Agency (follow my story above), a true certified copy of the Certificate of Naturalization is as good as an original and is considered as such. This is why it was returned to your friend (and in my case, to me at the Passport Agency). Per the DoS policies, it is the photocopies of the original that are kept by the DoS, or the second certified copy of citizenship evidence if you don't want to submit a photocopy of the primary evidence (this is rather dumb because it is so easy to just go to Staples or Office Depot to lake a black & white photocopy). www.travel.state.gov/citizenship Tips for submitting your citizenship evidence Submit your original evidence of U.S. citizenship. Submit a photocopy of the front (and back, if there is printed information) of your original evidence of U.S. citizenship. Photocopies must be: legible, on white 8.5”x11” standard paper, black and white, and single sided. In some cases, you may be able to submit a certified copy of your citizenship evidence. A certified copy is any document that has the seal or stamp of the official issuing authority. If you don't want to submit a photocopy of your citizenship evidence, you may submit a second certified copy of your citizenship evidence, which we will keep. If you don’t submit a photocopy or a second certified copy of your citizenship evidence, your passport processing could be delayed. You cannot submit digital evidence of U.S. citizenship (e.g. electronic or mobile birth certificate) when applying for a U.S. passport. You must continue to submit your physical evidence of U.S. citizenship and a photocopy of it.
  7. You should be fine. You can generally choose any consulate in the country where you reside, so it doesn't matter whether you choose Vancouver, Toronto or Montréal. Not exactly the same situation as it pertains to a different type of visa, but my friend who was getting his L-1 visa processed had to wait longer to get the interview appointment at the London consulate, so he chose the Belfast consulate instead where he got an appointment much faster.
  8. As explained by other posters, you can request a certified copy of your Certificate of Naturalization by calling the USCIS in order to get an InfoPass appointment. Things you should know: - the USCIS customer service who takes your call will not be the one scheduling the InfoPass appointment. He/she will act as a first level agent to whom you explain your situation. He/she will then take your contact information and will let you know that another agent will call you later. At least that was my experience when I called. - It took me 3 weeks until another agent called me back, to whom I re-explained over the phone my situation and the need for a certified copy of my Certificate of Naturalization. She gladly booked me an appointment to the regional USCIS Office (actually the same that processed my N-400 and where I took the Oath). - the day of the InfoPass appointment, I just showed to the InfoPass floor/section. I had with me 5x nice color photocopies of my Certificate of Naturalization that I wanted certified and explained to the InfoPass counter agent. - first, she said she/they will only issue ONE certified copy, and she would make the photocopy HERSELF (it was a black & white on their poor quality paper) and totally refused the 5 color photocopies I had made on nice quality paper. - then she wanted me to write down on a sheet of paper the official reason why I needed a certified copy of my Certificate of Naturalization, as a sworn affidavit. I wrote that I needed for some official and legal proceedings in my home country to prove to the Court that I acquired a foreign citizenship, and that I would subsequently have that certified copy apostilled by the U.S. Dept. of State and translated. - she was then satisfied by the reason and asked me to take a seat and wait because the certification of the copy needed to be signed by the local/regional USCIS Director. - after around 2.5 hours of waiting, she finally called me back to the counter, and gave me the (black & white) photocopy of the Certificate of Naturalization with an embossed seal of the USCIS, along with the USCIS Form G-24, which is the form whereby the Regional USCIS Director certifies that it is a true certified copy, with the Form G-24 signed and carrying also the embossed USCIS seal (see an example in the image attached I got from Google). She insisted on telling me that the two need always to be presented together, and that I should never alter them (staple or anything). She even insisted that the U.S. Dept. of State cannot alter them when they issue the apostille. The whole process is FREE, except for the time you will spend/waste at the USCIS Office (before and on the day of the appointment). As for the passport application: - apostille issued by the U.S. Dept. of State would take a (very) long time, so I figured I would test by using that certified copy of my Certificate of Naturalization to apply for a passport. - I had an appointment booked at the USPS Acceptance Facility and was ready to argue with the agent in case he/she would refuse the certified copy, by showing the Instructions of the DS-11 form. - fortunately, I was able to grab an appointment at a U.S. Passport Agency (it was a miracle I got one) due to an urgent travel need popping up last minute. At that point, I cancelled the USPS appointment. - I knew that I could just produce my original Certificate of Naturalization, because when you apply at a Passport Agency, you pick up your passport the very same day (show up/apply in tje morning, coming back mid-afternoon to pick up your passport) along with your original proof. Therefore, there was no risk I would have to wait for it to be mailed back with the stress of the USPS losing/damaging it. - yet, I still experimented by producing the certified copy of the Certificate of Naturalization (the photocopy with the embossed seal + Form G-24) along with the photocopy of it, as if it was an original. In terms of ID, I needed to present a second one because I was not applying in the state where I resided. So I decided to present my Global Entry card, which is a federally-recognized ID (it's even a Real ID). - suffice to say the agent at the U.S. Passport Agency did frown a bit his eyebrows as I stretched the rules (yet still technically compliant), and he asked me why I didn't have the original Certificate of Naturalization. I just said that I had to use it for other purposes at the time and that the true certified copy was acceptable per the rules published by the Dept. of State on both the DS-11 Form and on travel.state.gov/citizenship website page. - after asking his supervisor, came back all smiley and nice and saying that everything was fine and that the certified copy would be considered as an original and returned to me. I paid by credit card, and he told me to come back at 3pm (I applied at around 10:30am). - when I came back that afternoon, I picked up my newly printed U.S. passport, and I got back my certified copy of my Certificate of Naturalization. I might be lucky in that instance but I successfully used the certified copy of my Certificate of Naturalization. That was more than a year ago, and in the meantime, after the passport application, I also got my certified copy apostilled and used in my home country. It was later returned to me and I have now the original Certificate of Naturalization, along with a true certified copy (apostilled), both of which will probably sit in my safe and be forgotten since they are no longer of use... VinnyH
  9. You must surely mean "moral turpitude" (and not "turbidity" which is a term from physics/chemistry measuring the cloudiness of a liquid when exposed to light 😁). As far as I remember, the notion of Crime Involving Moral Turpitude is specific to U.S. Immigration Laws, and whether an offense may be considered as a CIMT can only be done by an Immigration Judge in the U.S. for immigrants/non-immigrants brought before the Court. Typically, a LPR or a foreigner living in the U.S. who has been convicted for a crime may be deported (with the PR status terminated) if the Judge considers the crime to be a CIMT (and yes, the term is broad enough and there is no clear/defined rule despite legal scholar consensus). I am probably wrong, but I am not sure the USCIS nor the Consular Officer adjudicate a case under the CIMT criteria (which is more a criteria to terminate PR status by an Immigration Judge). Have you considered consulting a lawyer? Cheers, VinnyH
  10. If your fiancé is an Italian citizen, I believe he can come visit you on an ESTA, so nothing prevents you from seeing each other in person, now that the Schengen COVID ban was lifted in September 2021.
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