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Adventine

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  1. Like
    Adventine reacted to limegreenbowler in F2B case with complication   
    And this exact scenario is outlined in the Adjudicator's Field Manual (the new Policy Manual isn't fully online yet, but this guidance still stands): https://www.uscis.gov/sites/default/files/document/policy-manual-afm/afm21-external.pdf 
     
    Review automatic revocation on p. 68:
    The grounds for automatic revocation are set forth in 8 CFR 205.1(a) . Officers should be familiar with each of the events spelled out in the regulation. Under each of these grounds, the revocation is automatic when the specified events occurs, regardless of whether USCIS is aware of its occurrence or not, and regardless of when (or even whether) USCIS provides notification of the revocation. For example, if an alien who is the beneficiary of an approved 2nd preference visa petition as the unmarried son or daughter of a lawful permanent resident marries before immigrating to the United States or adjusting status, the petition’s approval is revoked. It should be noted that although it is the event of the marriage which triggers the revocation, the revocation itself is as of the date of the petition’s approval (in automatic revocation proceedings, revocation upon notice is different). Furthermore, because the petition’s approval has been revoked, it does not become valid again if the marriage of the beneficiary is terminated through divorce or death of the beneficiary’s spouse. (However, if the marriage is annulled by a court of competent authority, the legal effect is that the marriage never occurred and therefore, neither did the revocation.) 
  2. Like
    Adventine reacted to limegreenbowler in F2B case with complication   
    The law is not silent on this issue. The law for automatic revocation is in 8 CFR 205.1(a): https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-205/section-205.1
    § 205.1 Automatic revocation.
    (a) Reasons for automatic revocation. The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:
     
    (I) Upon the marriage of a person accorded status as a son or daughter of a lawful permanent resident alien under section 203(a)(2) of the Act.
  3. Like
    Adventine got a reaction from Redro in Adopted Sister   
    When you say "no paper work was filed", do you mean to say it was the informal kind of adoption so common in the Philippines where the biological parents basically just give their child to another couple? Who are the parents listed on the birth certificate of the adopted child (now over 21 years old)?
     
     
     
  4. Like
    Adventine reacted to T&S_MTL in I-751 June 2023 Filers   
    We received the notice last week saying the application was approved and that the card is being produced. We were not expecting all this to be over that quickly!
    Next step is the N400 I guess, does anybody know what to expect in terms of processing times?
  5. Like
    Adventine reacted to Redro in Use Of Advance Parole Whilst AOS   
    She is being overly cautious.
    Immigration lawyers are focussed on keeping you inside the US and obtaining your immigration benefit. 
    Leaving the US before you receive your green card opens you up to the chance you might not be able to re-enter the US. 
    If you are planning to pay for advanced parole (there will be a fee increase at the start of April and AP has a fee that is separate to the Internet 485) and you receive it before you receive your green card and you have to travel for serious reasons, I would travel. 
  6. Like
    Adventine reacted to EmilyW in Failed medical due to alcohol- HELP!   
    Although not directly relevant (I'm a Diversity Lottery winner), the doctor who did our medicals wrote in his report for my younger son that, due to his autism, he would likely never work and was at risk of becoming a dependent of the state.  He saw my kid for 20 minutes and made that determination.  Maddening.  
     
    For the the interview, I brought reports from my son's pediatrician stating the opposite, as well as cognitive assessments.  In the end, the CO yawned when he read that part of the medical report, took my reports and put it into my file, and it made no difference.  We still got approved.  And, today, my kid is hauling a 4.3 GPA and off to college in a few months, so #### that doctor.
     
    I'm not sure if that helps with your situation, but I do believe bringing solid evidence helps.  Doctors are valuable, not infallible.
  7. Like
    Adventine reacted to MaxP22 in Half Filipino half British teenager traveling to USA   
    Firstly WVP/ESTA is maximum 90 days stay, not 3 months.
     
    If she has not yet applied for ESTA she should do that asap, no point even thinking about anything else until she has that approved.
     
    Is she not studying? 3 month away from PH is a long time for a student aged person. I would assume that would be her strongest tie to PH?
     
    If she is traveling by herself, for the first time, then she will need to convince them in PH at the airport to let her travel as there is the possibility of being offloaded. She should have to hand documents to show who she is visiting, such as copy of your passport, AoS that her expenses will be covered etc. PH is very strict when it comes to allowing young females to travel abroad alone for first time.
  8. Like
    Adventine reacted to RO_AH in True or False?   
    Tell her stop watching YouTube videos, Facebook groups etc. I don't know if I will catch flack for this but Filipinos love to go out of their way to find things to worry about.
     
    The other thing that is real in the Philippines is they "they said" culture. You will hear the strangest things you can imagine and ask where they heard that from. The answer is...They said. Who is this "they"? You can't let a baby get a drop of rain on them but you can give them a bath. You can't eat watermelon after a c section or your wound will open up. I have really considered writing a book and calling it, they said.
    Stick to these forums whee you will get accurate information.
     
    Don't you let her pull you into this. You need to be the voice of reason.
  9. Like
    Adventine reacted to top_secret in True or False?   
    Secondary interviews are not uncommon for Filipinos traveling as tourists and can be harsh.  "Offloading" is real.  But not with K1 or immigrant visas.  CFO is more or less your insurance against that.  At least in theory CFO should have vetted your fiancee's relationship with you and if CFO said it's ok, than BI should accept the CFO certificate at face value.  It's more or less settled by CFO before she ever goes to the airport.
  10. Like
    Adventine reacted to J.M. in True or False?   
    The Philippines is famous for misinformation.  You will be fine.  The story probably originated with someone being "off-loaded," which sometimes happens when Filipinos attempt to leave on a tourist visa or work visa, but with insufficient documentation in the eyes of immigration.  I've read a few of those stories.  You won't have any issues like that with a K-1.  A friend just exited on a K-1 and didn't even mention the departure, so it was a non-event.  You can stop worrying about all the "what-ifs" now.  CFO is the last thing, and you've already done it.
  11. Like
    Adventine reacted to NorthByNorthwest in Social Security and Medicare for older immigrants   
    To add to this, some countries have totalization agreements with the US so if you don't have enough work credits in the US you may be able to count work in those other countries as well into the US system.
     
    In my case I worked for over 10 years in Japan so I qualify for basic Japanese benefits - if I for some reason were to not reach 40 quarters in the US I could transfer the Japanese credits (and lose Japanese benefits in the process). By retirement time I'll have to look into whether it is more beneficial to keep the Japanese benefit as-is or transfer to the US.
     
    More info here: https://www.ssa.gov/international/agreement_descriptions.html#monthly
     
    I don't know if any of this applies to Medicare benefits though...
  12. Like
    Adventine reacted to Crazy Cat in Social Security and Medicare for older immigrants   
    This is my annual reminder for older immigrant couples (like my spouse and I).  
     
    Social Security monthly retirement benefits (Age 62+)
     Can be earned:
    1.  Based on immigrant's own work record OR
    2. Based on spouse's work record (must be married for 1 year or more).  This does not affect the SS retirement benefit of the US spouse.  The immigrant is not required to have any SS work credit.  I believe the amount is 50% of spouse's monthly deposit.
     
    Medicare (non-special qualifications)
    1.  Immigrant must have been a Green Card holder for 5 years.
    2.  Normally, immigrant must be 65 years old.  Immigrant can be entitled to receive FREE Medicare Part A (Example: US Spouse is already receiving SS retirement benefits and US spouse already receives free Medicare Part A).  Immigrant will pay the normal Medicare Part B monthly premiums (currently about $174.00) which is deducted from any monthly Social Security benefit deposit. 
     
    In our case, I was not aware of the spousal Social Security benefit, so we applied for wife's Social Security and Medicare at the same time (on the same Social Security form) when she turned 65 years old.  It took Social Security only a few days to approve her SS retirement benefit and to start her Medicare Parts A & B.  Coupled with a good Medicare supplement (ours is Tricare For Life), this provides really good health care coverage. 
  13. Like
    Adventine reacted to Timona in Trying to get my GF at least her visa   
    If she's studying, she has a valid F-1 visa that she can use to get in and out to the country. You're being deceived. 
     
    I agree with @SalishSea and @Redro
     
    Exactly why you are being used for a GC. She's preying on your naivety. I don't see *you* in that statement but *her wanting to live in US.*
     
    Did she tell the IO this at her interview?
     
    Your young, barely started living/ having responsibilities in life. Take it easy. 
     
    P.S: you started dating when you were 18?? That's suspicious.
     
    All I can say is be careful. We don't want you coming back here in a year, asking about how to divorce/ being threatened with VAWA. 
     
    I'm now out. 
  14. Like
    Adventine reacted to HandmadeTurnip in Trying to get my GF at least her visa   
    There's a lot of contradictory information here. What visa did she last use to enter the US? And has she overstayed her current visa or not?
     
    Regardless, I don't see a way for her to get a green card unless you marry her. She'll have to return to Colombia, either now or at the end of her studies, depending on the conditions of her visa.
  15. Like
    Adventine reacted to Timona in Trying to get my GF at least her visa   
    Be careful and think critically upstairs. 
     
    I'm out. 
  16. Like
    Adventine reacted to Redro in Trying to get my GF at least her visa   
    If she is still studying and she has a current I120 she should be able to go home to see her family. 
    Why can she not go see her family? 
    Or did she only get an F1 stamp for 1 year and it is now expired? 
    ETA oh she came to the US on a tourist visa and changed to a student visa? How long has she lived in the US? 
  17. Like
    Adventine reacted to Redro in Trying to get my GF at least her visa   
    So you are 19
    And your partner is 32 and she entered the US on a student visa but stopped going to school AND is working in the US without authorization? 
    Do you want to get married now or eventually in the future? 
    Or do you think you should get married so she will receive a green card? 
  18. Like
    Adventine reacted to W199 in Get married within 90 days, no available appointments   
    Good point!  In my State, you can choose anyone to marry you.  All they need to do is to go register for a "1 time officiant" license at the town clerk's office. That license only costs about $25.  Then they can sign your marriage license and you are now married!  As a side note, I don't know why, but my ex didn't want to do that for me 🤣   But as a bonus the justice of the peace was only $150 (not $300), the prices are regulated by the State.  It was well worth it as he also helped craft vows for each of us, and he even recorded the wedding and gave us a copy of the video for free.
     
     
     
  19. Like
    Adventine reacted to PVR Bound in Get married within 90 days, no available appointments   
    As convenient as Amazon Prime and cheaper too
  20. Like
    Adventine reacted to Thrillhouse in Get married within 90 days, no available appointments   
    Indeed. Notaries can only perform marriages in Florida, Maine, Nevada, South Carolina, Tennessee, and Montana. And even then, notaries cannot marry couples who are from another state and can’t leave their state to perform a wedding.
     
    Source: Am notary.
  21. Like
    Adventine reacted to yuna628 in Get married within 90 days, no available appointments   
    You'll need to either A) pay for an officiant or B) go to another county or state 
    Getting married is an important part of this process, and you should be prepared to budget those factors in beforehand. If you have not, then you will have to find the money from somewhere if you want this to work. There are small venue and even drivethru wedding ceremonies in Akron, Ohio that is certainly cheaper than what you've been quoted and there are officiants in Warren that are cheaper too. If you already have the license from Warren, then you'll need to find something that works there.
  22. Like
    Adventine reacted to Redro in Get married within 90 days, no available appointments   
    Get married ASAP. 
    Pay an officiant. Ask a friend or family member to become an officiant so they can marry you...
    When does the marriage license expire? I believe in Ohio it has a 60 day validity? 
  23. Like
    Adventine reacted to Boiler in Get married within 90 days, no available appointments   
    Delay in being able to work blows any of these numbers away.
  24. Like
    Adventine reacted to W199 in Get married within 90 days, no available appointments   
    Why didn't you just pay the $300 for an officiant and get married by Dec 31? You would have saved thousands of dollars by being able
    to file joint taxes together. $300 is nothing compared to the cost for the AOS and everything else you will need. And this all delays getting your employment authorization which is going to be a few thousands at least in lost wages.
     
    So the lost savings from joint taxes and employment is huge compared to $300
  25. Like
    Adventine reacted to Crazy Cat in Notice of Intent to Deny   
    Time to "lawyer up", imho.  This is no longer DIY.  Have they claimed misrepresentation yet?  Did he just apply for citizenship?  
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