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Family

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Everything posted by Family

  1. You need to file for annulment of one of your marriages. Pick whichever country is easier for you to accomplish…and be prepared to get an attorney to help you tackle annulment. An annulment of either marriage within time frame of RFE will save this petition, otherwise it will be denied and you can file another.
  2. Apologies for gender mix..I was perhaps fooled by the user name..Bimbo. You are in the unenviable position of rough waters…since marriage is broken before I-130/I-485 granted…and it’s not worth concealing that fact from USCIS..just to get the green card. With 2 children born from the relationship..it’s evident you married in good faith… Are you open to counseling..a mental health temporary time apart?? Other ideas to salvage the marriage..
  3. Out of the frying pan and into the fire…?
  4. Does your husband know you are planning divorce?
  5. There are a few people ( USC) that work in San Diego and commute ( live) across the border..glad at least you got to see everyone on a regular basis.
  6. It’s USCIS that will determine the priority date on the new petition, not NVC.
  7. It means file and TRY to claim priority date.😇 You can add a few sentences with the claim on the last page of the I-130 and attach a print out of all sources you’ve gathered.
  8. Look at the processing time difference between F-1 ( father) and F-4 ( sister) and you can understand which one will get you here faster , in case priority date is not accorded. You are right in preparing yourself for not getting priority date because the principal beneficiary ( mom) did not immigrate. Having both your sister and dad file now, gives you a chance to be covered in case dad passes away …but most importantly will give YOUR ( future) children a chance ….something your dad did not do for your mom and you. Is it a half sister?
  9. NVC actually sent 3 letters over 3 years…dad could have saved petition within that time. If you find a lawyer that sells you anything other than new I-130 w claim to priority date..RUN..waste of $$. Your choice is to try or keep regretting. Did you ever live in the US? Your English is top notch
  10. Hopefully you update your post with progress all the way to the finish line..
  11. She went back to Guatemala for about a mont That makes it sound like she did an I-601 A ( waives unlawful presence only) . and the fake name traffic violation was not considered , it’s common because ICE didn’t get a chance to get her . the issue of false names , fake SS and I-9 only becomes dangerous in removal IF they go after the person. But you should know it was not waived .. She should still be okay to DIY the N-400 .. as there is nothing to do but get to the interview and see it through. It’s been over 5 years as LPR , so they won’t touch her green card and won’t pushback N-400 because she was never charged/convicted .
  12. Congratulations on 10+ years of getting your life back on track. You need to do a bit more than “ mention” all three. Do an FBI fingerprint ( inexpensive and easily available). For each arrest submit a request for certified sentencing minutes to the relevant court. The first one goes to Juvenile Court and will come back either w no record or records sealed. The 2nd ( no charges) will show no record The 3rd ( expunged ) will also show no record. Add a short one line description ( similar to your post) for each incident to the I-129F . Submit copies of the FBI rap sheet and Court responses and give originals to your Fiancé to carry at interview.
  13. V visa ( not U) ..assuming typo. I get your point but it’s about numbers and may help reduce the influx of those dragging small children ..with a promise of an attainable goal ( I-130j https://www.pewresearch.org/short-reads/2023/01/13/monthly-encounters-with-migrants-at-u-s-mexico-border-remain-near-record-highs/ Some of the biggest increases in encounters have involved people from Colombia, Cuba, Nicaragua, Peru and Venezuela. For example, there were only four encounters with Colombian nationals at the U.S.-Mexico border in April 2020. By November 2022, that figure had increased to 15,439. There were even steeper increases in encounters with migrants from Cuba (from 161 encounters in April 2020 to 34,639 in November 2022) and Nicaragua (from 86 to 34,162).
  14. As stated in heading of previous link , current changes are efforts to control “ Regional Migration “…so xxx other countries will continue to take a number in preference category. Expedited removal and expedited asylum for border crossings and apprehensions are concrete steps ..and controlled parole is part of those changes. Impact..we wait and see…or keep complaining 😂
  15. There is always someone cribbing..even when changes are inclusive….perhaps remember the bans will calm the fury 😀
  16. You just need to wait for government to release the process instructions. ..nothing embassy can tell you before release date. You can prepare by having the sister , husband and children get passports, prepare civil docs ( birth marriage) and get familiar with getting police clearance. Additionally, get a copy of your wife’s US Citizenship, birth certificate, marriage certificate and financial ( taxes bank account, paystub) ready . When they release instructions, it will likely require an I-134 or I-134 A and you will apply online. Sounds like a version of the old V- Visa expanded to all Family Preference categories, and when they come they will be able to get work permits and wait out priority date in the US.
  17. Everyone seeking asylum at the border. ..some exceptions for children and of course those who are being extend parole. Under the Biden administration’s fast-track program, those who don’t qualify will be deported “in a matter of days or just a few weeks,” Homeland Security Secretary Alejandro Mayorkas said Thursday https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/fact-sheet-implementation-of-the-credible-fear-and-asylum-processing-interim-final-rule https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/fact-sheet-implementation-of-the-credible-fear-and-asylum-processing-interim-final-rule
  18. As I understand it , they will detain for 72 hours during which credible fear will be done through USCIS ( not CBP) and some agency has been selected to provide attorneys…logistically all of that is remote ( phone or video). ..whoever made it to the border . So far Russians have been most successful by far w better smart phones to book CBP online slots for credible fear. I meant , Mexico influx is largely non asylum seekers..they don’t come though at POE asking for “papers”…just cross at vulnerable border spots and start working. With Mexico agreeing to take back all nationalities of expedite removals from border…looks like plan in place is moving along.
  19. The May 11 roll out of expedited asylum/credible fear determination within 72 hours? …Am wondering who they contracted to provide representation… Numbers thrown about are that non represented asylum seekers fail credible fear 75% of the time while those w attorneys pass 75% of the time. Either way, the asylum landscape has drastically changed since May , 2022 for everyone showing up at the border. They are all placed in expedited removal and if they pass credible fear their AMI is super fast.. Still, asylum seekers are a much smaller issues than the influx of our Mexican migrants who want the easy access to jobs.
  20. This is because other parent is listed on the birth certificate and applies to all married or unmarried.
  21. Did your wife adjust in US ( I -485 and I-601 requested at interview or through EOIR or Consular process?)
  22. When you run FBI , you get to see what they see..so no surprises. Try doing application online..they really do prefer it and likely will move faster. ..
  23. The alias she used will show up on the FBI , so disclose it on the N-400 along with all other variations of her name ( maiden, married ..) You should also get her FBI prints, inexpensive and available at any place they do livescan . Send it in with court documents . She can bring up the I-601 at interview, if Officer asks..but they already know. The important part is that she never claimed to be a U.S. Citizen .
  24. Just to give you a bit more peace of mind..these are the only bars to Good Moral Character for N-400.. https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5
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