JonInCA
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Posts posted by JonInCA
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I had a divorce and a larger age gap, but no lawyer. We made some mistakes along the way that caused delay, but there is really nothing difficult if you pay close attention. Is the lawyer in the Philippines? For $3K I think the answer is no. One of the mistakes we made was not bringing extra documentation to the interview for a late issued birth certificate. I suspect only a lawyer with experience handling Philippine K-1's would have caught that, and even then I have my doubts.
- RO_AH, Adventine and Kurt and Kristina
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I also wonder why the OP is doing a K1, since it will entail 9 or so months of not being able to work.
As for the relationship evidence, it is useful to be clear about what is required when. For filing the I-129F, all that is required is evidence of having met in person in the past two years and having a statement of intent to marry within 90 days.
For the visa interview, you will need evidence of an ongoing relationship. In my case I had not visited my fiance since our one and only vacation together, so I downloaded our chat history from Facebook and grabbed one page of chat messages for each month since that vacation. My fiance's id on those logs was a made up name.
For the AOS, you should have evidence of commingling of assets, whether it is organic or not.
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Both the sponsor and petitioner have to update their addresses if they move. In our case there was no problem and the status went to "Ready to schedule interview" just a few weeks after we moved. During the interview, the IO checked that both of us had updated our addresses at about the same time.
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13 minutes ago, millefleur said:
This could be an option if your current employer can arrange such a visa for you. If not, then go back to the get married and file plan.
Another approach that depending on your skills may be more likely to result in a sponsor would be to look for a new job with company in the US. That's quite realistic for a software engineer. People in the employment based visa thread can give you the likely timelines and procedures.
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5 hours ago, JeanneAdil said:
we have drs here to do every type of surgery
my whole face is reconstructed after our school bus hit a dump truck
i had 88 (momma says 89) stitches and 7 skin grafts after the original surgery and in 90's they took a bone from my hip to put in my nose
Glad to hear that your treatment was successful, but the OP should use the doctor who has specific knowledge about their case.
Sounds like the worst that is likely to happen is that if there is another travel ban then the OP would have to start over with an IR1.
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File now, but you might need to provide a sponsor I-864 at the interview, in case the interview comes after your husband's discharge but before he has sufficient proof of income at his new job.
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Her second marriage is also void because the first marriage was still in effect at the time. Your mom needs a lawyer to go to court to get these marriages annulled,.
According to the article that Adventine posted "It is worth noting that a counterpart measure, House Bill No. 8440, is still pending at the House of Representatives."
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My wife's experience is from last year, but then the airline would not let her check in without her daughter's CFO even though the daughter was too young to need one. At the last minute the email from the CFO finally came through and the airline (JAL) employee printed it out for her and they could proceed.
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You should check the laws in her country to see how it is even possible to have a fake name on a BC. Didn't the father have to sign something? My wife says that for example in the Philippines they need to provide the father's BC as well to put his name on the child's BC.
I would recommend against proceeding unless she gets correct BCs, because all it takes is one question during the embassy interview or subsequent interviews after she arrives in the US for everything you have done up to that point to unravel. The whole immigration process is based on the discretion of the official making a decision at each step. Even if you trust your fiance, government officials will not.
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19 minutes ago, aaron2020 said:
Please explain how the OP can get "the documents up to snuff for US standards?" Something based on facts and not what you think.
My answers are simply based on my limited investigation of stepchild name change and adoption. My wife and I have completed the process for a US court ordered name change where the biological father is absent and presumably in another country, as is apparently the case in the thread. Based on the legal standards I've seen for a stepchild adoption, some involvement of an attorney in the country of birth is the was to go to prove the abandonment by the biological father. This case is of course different because there is no marriage to the mother, but according to the OP, that's not an issue in Ecuadorean law.
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6 minutes ago, aaron2020 said:
Where are coming from with all of this?
From the OP: "Whoa time out, how is this fraud? Local Ecuador law allows for any male to recognize a child as their own regardless of a biological relationship. "
The rest just following the law in Ecuador, and getting the documents up to snuff for US standards.
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22 hours ago, EDreNYC said:
not possible under Ecuadorian law, the biological father would have to step up and provide the child with his last name.
Have you contacted the biological father? It would smooth out the process if you can get a duly signed statement of his giving up parental rights, or if you cannot find him, produce evidence that a diligent search and public notification was done. In my opinion, you might be better off with an Ecuadoran attorney to get clear paperwork for an adoption that has effectively already been done.
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If the child is indeed legally adopted per the laws of Ecuador, then it would seem that would be the route to follow, and hence the I-130.
https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-to-the-united-states
That page says the two years can be accumulated over several periods. Approval of an I-130 would result in an immigrant visa, which might not be exactly be what the OP wants, but it is a path to a green card that would allow some back and forth travel. The first issue that comes to mind is the 6 month limit before a green card is abandoned, but it seems likely that some kind of waiver could be granted in this case, to share custody between the mother and adoptive father.
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On 11/7/2021 at 9:33 AM, Balamban said:Had I the money to buy that farm, I’d be happily married today. That’s a hard lesson on Filipina culture.
The part that was somehow left out of the OP is the ages of the husband and wife. In a lot of cultures such a marriage would never have gotten started. The wife may love the husband, but with that age gap, everyone knows that in the long run the wife will end up spending more time with her family than her husband. She is only young once, and that is is her one shot to help her family. If she has to spend time taking care of an older man with limited financial resources, then she won't have that time to earn money to send back. No doubt this is a painful event for the OP and also his wife, but blaming this on Filipina culture is not helpful to anyone.
- seekingthetruth, SalishSea, Locito and 5 others
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Missing information on application a big deal?
in US Citizenship General Discussion
Posted
The birthday is probably on your marriage certificate at the county office where it was filed. That might be available online.