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Kumirei

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  1. Like
    Kumirei reacted to Neonred in K1 Horrible Ending!! Fiance arrived with kid but turns out she is already married!   
    That seems rather harsh.  
     
    Brought my wife and her 17 year old here more than 15 years ago.  We are still a happy, close family.  I have a great relationship with her daughter, and now the daughters husband and her two children.
  2. Confused
    Kumirei reacted to Lutherbass3 in K1 Horrible Ending!! Fiance arrived with kid but turns out she is already married!   
    Never…I repeat…NEVER bring someone with a kid to the US!!! If you want a ready made family, you can get that ####### here!!! 
  3. Like
    Kumirei reacted to JCC2823 in Breakup... Days before K-1 Interview. What should I do?   
    If you think it’s temporary breakup I’d try to reschedule the interview out a few weeks or a month.  You won’t be able to start the process back up if you stop it.  
     
    Sorry this happened to you. 
  4. Like
    Kumirei reacted to dmeister3 in Scandinavians Part 2   
    Oh.  I wish you all the best!! Hopefully the website will be updated and you can travel.
  5. Like
    Kumirei reacted to dmeister3 in Scandinavians Part 2   
    Oh, wait. Dang.
     
    https://travel.state.gov/content/travel/en/News/visas-news/visa-services-operating-status-update.html
     
    Q.  Do the various Presidential Proclamations/travel restrictions still apply, or are those lifting with the resumption of visa services?
    The three geographical COVID-19 Proclamations (P.P. 9984, 9992, and 10143) remain in effect. These proclamations, with certain exceptions, place restrictions on visa issuance and entry into to the United States for individuals physically present in China, Iran, Brazil, UK, Ireland, South Africa, and the 26 countries in the Schengen area.  
  6. Like
    Kumirei reacted to dmeister3 in Scandinavians Part 2   
    Ugh this is so confusing.  The link you posted does make it look like visa holders can come over...but I feel like it leaves out the clear determination of if the travel ban will still apply.  
  7. Like
    Kumirei reacted to dmeister3 in Scandinavians Part 2   
    Under normal circumstances, no.  There's a few exceptions allowed according to the German consulate (just did a quick google search):
     
    Under recent guidance, however, the following K-1 visa applicants may qualify for a national interest exception (NIE) if he or she is travelling (1) as a public health or healthcare professional or researcher to alleviate the effects of the COVID-19 pandemic, or to continue ongoing research in an area with substantial public health benefit (e.g. cancer or disease research); or (2) to provide care for a U.S. citizen, to include alleviating the burden of care from a medical or other institution, or to prevent a U.S. citizen from becoming a public charge or ward of the state or the ward of a medical or other institution.  If the K-1 visa applicant has a U.S. citizen child (unmarried, under the age of 21), he or she will also qualify to process his or her visa application.
     
    We really need the travel ban to be lifted.  
  8. Like
    Kumirei reacted to SalishSea in My wife's sister wants to come here from Philippines   
    Wow.  New levels of creepy descend into Visa Journey.
  9. Like
    Kumirei reacted to aaron2020 in Married to US Citizen, left to visit Canada but now denied re-entry to the US by CBP officer -- Help!   
    If she has to quit to get time off to go to Canada, then wouldn't she have to quit to go to Mexico, Europe, or anywhere else?
  10. Like
    Kumirei reacted to mushroomspore in Married to US Citizen, left to visit Canada but now denied re-entry to the US by CBP officer -- Help!   
    Bet you the lawyer made that up to try to nab OP as a new client.
  11. Haha
    Kumirei reacted to aaron2020 in Married to US Citizen, left to visit Canada but now denied re-entry to the US by CBP officer -- Help!   
    Bwaaaaa!!!!!!!!!  That's barely enough time for USCIS to send it to the NVC.  
  12. Like
    Kumirei reacted to SalishSea in Married to US Citizen, left to visit Canada but now denied re-entry to the US by CBP officer -- Help!   
    Does not matter.  You still need work authorization to work while in the United States, even remotely.
  13. Like
    Kumirei reacted to SalishSea in Married to US Citizen, left to visit Canada but now denied re-entry to the US by CBP officer -- Help!   
    Without a work permit, this is in violation of the terms under which you were admitted.
  14. Like
    Kumirei reacted to Lucky2Lucky in Married to US Citizen, left to visit Canada but now denied re-entry to the US by CBP officer -- Help!   
    You sound a bit confused. If you had been visiting the US you wouldn’t of had all your possessions in the US. So I understand why you were flagged. Unfortunately it sounds like you lost your privilege and will have to apply for a B2 to visit the US. Surely your wife can mail you your keys or fly to you. If your plan was to live in the United States you should have filed for adjustment of status however that option is now gone. Your wife can file a CR1 visa for you if your ultimate goal is to move and live in the unitedStates. Not many people can afford to take over 100 days off from work see a so I can also see this as another reason Why they thought you were planning to adjust status in addition to all your possessions being in the USA.
  15. Like
    Kumirei got a reaction from dmeister3 in Scandinavians Part 2   
    They are not scheduling K-1 interviews, because of the travel ban, unless you are a plaintiff in the Milligan lawsuit
  16. Like
    Kumirei reacted to Scandi in Scandinavians Part 2   
    It took 2 weeks for my medical to reach the embassy from the date I had it done. Shipping is fast, it's all the testing in the lab that takes time. They also need to gather the info from the x-ray place which is completely different from the medical clinic, and then add that to the medical package as well. It takes a while. After they received my medical it still took 5 days to get the visa issued. This was back when they had a full work force, not like now during the pandemic. So you need to wait a bit longer. 
  17. Like
    Kumirei reacted to implife in Consequences of working under the table   
    I keep thinking that the main danger of working under the table is that you are likely to keep hitting your head on the underside of the said table...
  18. Like
    Kumirei reacted to Villanelle in Consequences of working under the table   
    Im not directing the following comment at either one of you guys- Im just shocked that people have this attitude. I understand where it comes from. Theres a general concept in law that illegal contracts are not enforced by courts (example I pay my drug dealer for 10lbs of cocaine and he only gives me 7. I can not sue him for the 3lbs he owes me. I cant call the cops and file a report about it.) Its that general concept that causes many immigrants to fail to report crimes. They mistakenly believe that since they are illegal/undocumented that means they are committing a crime so they are precluded from using courts or reporting things to the police or appropriate agencies.  Thats not accurate and is why many unscrupulous individuals take advantage of immigrants or target them in crimes...
     
    Employment laws apply to everyone equally. You cant run a sweatshop and have it be OK because the workers are undocumented. You cant exploit people simply because they are undocumented. An undocumented worker has the same rights to safe working conditions and fair pay as a documented worker. Various federal and state laws outline such in more details and while the specifics may vary in different jurisdictions NO WHERE is it allowed to exploit workers for any reason- especially because they are undocumented. So yes, while it is true that someone who works w/o auth and the person who hires them are violating the laws but the concept that "I guess since we are both violating the law no one will help and the employer can treat me in any manner" does not apply
     
    I am not an employment attny nor an immigration attny. If I was I suppose I could quote you more specific terminology then the quoted links from above. A quick (and often free) consult with an attny or even an anon call to the labor board will confirm such and they can probably quote you the applicable statutes that apply where you live. 
     
    All this talk about the immigrant not being able to sue or report this or the logical thing to do is to just let it go is IMO wrong. First the employer can not deport her. If any law suit is filed (and it should be filed by the immigrant) the court will most likely rule the immigrant is entitled to pay regardless of her work authorization status. Penalties can be imposed on the employer who hires someone w/o auth. The penalties for one working w/o auth are mainly related to immigration and taxes and as mentioned as the spouse of a USC working w/o auth is not a bar to adjusting status. It can trickle into other issues- like have you paid taxes on the income you earned? IRS does not care if you earned the money illegally, you still need to pay taxes on it. I believe there is actually a line on the 1040 directing you to list any illicit income. Im not sure if the 1500 owed to the immigrant is the total amount earned or if amounts were paid and that is simply the balance due. The OP may also want to speak to a CPA about such and how to make sure its all reported correctly on their tax returns because again as said USCIS is not going to have issue with the unauth work as a spouse of a USC but will want to see taxes were paid.  Here is another link (also from CA) about how the same legal rights apply to undocumented workers - https://legalaidatwork.org/factsheet/undocumented-workers-employment-rights/
     
    This particular situation is a bit more complicated then someone who takes a job w/o auth cleaning off tables at a diner or packing boxes in a large factory because its a nanny/babysitting job for an individual and as the OP already seems to have researched there are various issues with how that type of employee is to be classified and the tax obligations (for reporting/paying/withholdings) required by the employer in such situations.Here is a general link about nanny taxes - https://www.care.com/homepay/nanny-tax-guide  and also https://www.care.com/homepay/1099-vs-employee-why-the-difference-matters-when-you-hire-a-caregiver-1212110431
     
    . Im not exactly sure what happened when the wife was hired (if work auth was ever asked for) but it seems presently the employer has spoken to their tax preparer and discovered the best thing for them (to avoid issues with improperly hiring someone and failing to follow the proper tax withholding requirements ) is to now attempt to correct it by getting the proper documents in an effort to 'backdate' it and conceal what actually occurred- which is the woman hired a worker and either failed to verify her work auth and/or collect the required documentation of her work auth. That is the employers problem.
     
    Here are some additional links- https://immigrantsrising.org/wp-content/uploads/Immigrants-Rising_Working-for-Yourself-Guide.pdf
     
     
    https://www.legacytaxresolutionservices.com/blog/i-have-an-independent-contractor-who-refuses-to-provide-a-form-w-9-what-do-i-do/164031
     
    https://www.shrm.org/resourcesandtools/tools-and-samples/toolkits/pages/complying-with-i9-and-everify-requirements-in-the-united-states.aspx
     
    https://s27147.pcdn.co/wp-content/uploads/tax-reporting-options.pdf
     
    From the second link 
    What Should You Do If an Independent Contractor is Refusing To Provide Their Social Security Numbers/EIN or Complete the Form W-9?
    We always recommended clients get a W-9 completed and signed prior to any payments.  
    If the payment has been made and the Independent Contractor is refusing to complete the Form W-9, take the following steps:
    Attempt to contact the Independent Contractor by phone and inform them  they are required to provide the ID number or be subject to a $50 penalty for failure to furnish a TIN.  Inform the Independent  Contractor  it is your policy to file the Form 1099 with “refused” listed in the field for the EIN and SSN.
    If no response, mail the partially completed Form W-9 with a return receipt requested.
    If still no response, mail the Independent Contractor the Form 1099-MISC with "refused" for the EIN or SSN tax ID number.
    If still no response, file Forms 1099-MISC with IRS .with "refused" for the EIN or SSN tax ID number.
     
    Providing the job was actually something that should have been classified as an independent contractor there is a 50$ penalty and the employer needs to file the 1099 with refused listed as the EIN/SSN. Obviously the employer does not want to do this as doing so shows they hired someone w/o checking their work auth status or collecting the proper info at the start of employment. But again thats not the OPs problem. 
     
    Personally I would not 'let this go'. The woman is looking for a way to avoid penalties due to mistakes she made in the hiring process and/or paying what is owed. I would encourage the OP to speak to an employment lawyer and/or a CPA about the matter and the best way to resolve it. An immigration attny can also be consulted but I dont believe they would have much to contribute besides confirming whats already been posted that working w/o auth is not a bar to adjustment as the spouse of a USC and the importance of the immigrant filing tax returns for any and all income received regardless of work auth. 
     
  19. Thanks
    Kumirei reacted to Adventine in Vaccine Exemption for Philosophical Reasons   
    I wonder what kind of philosophical reasons someone would have to oppose vaccines so strongly. Reasons that apparently are worth adding much more time, expense and difficulty to an already long and expensive process.
     
    On second thought, I didn't come to this forum to have anti- or pro-vax conversations. So... never mind.
     
    If anti-vax is the way OP wants to go, and they feel so strongly about it, then nobody can stop them.
  20. Like
    Kumirei reacted to David and Anna in K1 Visa Milligan v Pompeo Lawsuit   
    you clearly are someone worth having a discussion with!  I'll stop trying now.  (Fwiw you are misunderstanding the court's order.).  Making moronic comments in your view validates that I'm thinking clearly (fwiw I was trying to be empathetic with you, but you are clearly beyond that). Enjoy being you.
  21. Like
    Kumirei reacted to David and Anna in K1 Visa Milligan v Pompeo Lawsuit   
    I get that you are mad that happened.  But "who" are you suing for "what damages"?   (rhetorical question - there is no case worth pursuing there).  
     
    To be 100% clear, people that sue the government on immigration issues are getting processed way before others that have waited.  It happens.  The world ain't fair (I would hope everyone knows that).  
     
    If you want to be angry about something, sue the US Government for illegally refusing to process K-1 visas (and other visas) and illegally blaming the travel bans.  2 US Federal Judges have ruled that to be true.  That is what I was angry about and I thus sued the US Government on that issue and won.  That is why over 500 couples have done the same by joining the Milligan lawsuit. It is not only maddening that the gov would do that - it is illegal. (not an opinion, it has been so ruled by 2 Federal Judges).
  22. Like
    Kumirei reacted to David and Anna in K1 Visa Milligan v Pompeo Lawsuit   
    once again, I'm sure you didn't, but I believe I posted here when we got our interview.  And, to repeat, given the odd and disappointing reaction here on VJ to the first news of the lawsuit oppty, many of the plaintiffs that were on this site stopped coming here.  And the vast majority of the plaintiffs were never on this site.
  23. Like
    Kumirei reacted to EricLT in K1 Visa Milligan v Pompeo Lawsuit   
    There is a big thread about this suit in the sub forum
  24. Like
    Kumirei reacted to stuckonyou in K1 Visa Milligan v Pompeo Lawsuit   
    I had my interview in March 2020, so I don't need to go there for a new interview. ☺️ But from the day the judge accepted the new couples as plaintiffs the embassy in Sweden sent us an email with instructions (some updated things to send to them by post and to do a new medical) within a couple of days.
     
    It did take a little over a month from when the motion was filed to when the judge approved the new plaintiffs, though, but my guess is that it will be faster this time because the lawyers will only allow couples affected by the travel bans to sign up.
  25. Like
    Kumirei reacted to EricLT in K1 Visa Milligan v Pompeo Lawsuit   
    Being a plantiff of this case does put you ahead in front of the non plantiffs. It is true each embassy might handle this differently. My embassy in Poland specifically told me they will only schedule interviews for plantiffs in this case. So to say this is not worth trying is false. 
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