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Family

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Everything posted by Family

  1. I will let @TBoneTX walk you through …and add only it’s time to fight
  2. I hear you. I may have oversimplified my statement…a litany of anger /frustration , nor any amount of righteous indignation is not what I meant. I do however believe, you are facing unusual/out of the ordinary circumstances…and you need to put them on notice that you are ready to do battle …in the legal sense. Though my one liner example may appear silly , it acknowledges they skewered with you for 6 years, you are legit married and NOt going away quietly if delay is thei next play
  3. You need to channel those nerves into a healthy dose of anger. You have survived 2 denials and have more bonafides than majority of long distance marriages. You will be approved…I suggest you growl and show some fangs. ..such as drafting a short (notarized ) strong letter addressed to Consular Officer to be handed in with your passport at interview. Perhaps, “ It has taken six years …I am here in support of Mrs My Wife. I will not be hosed” @TBoneTX and others may have suggestions for drafting a loud , no cursy word roaring statement.
  4. Yes I realize there is no plastic card and child is a conditional resident based on father’s marriage to U.S.C. stepmom. As such she can file I-751 waiver now, based on abuse. Even if the TRO is not granted, standard for the VAWA element of I-751 is met.
  5. My assumption is based on original post. It states child has I-551 entry in Feb, a temporary ( thus 2 yr conditional) card and that she obtained it through stepmother. That means through marriage of father to U.S.C. stepmother Not clear how you interpret otherwise …
  6. Looks like Applicant won’t be traveling soon either due to AP. Definitely do the divorce from current spouse now , remarry so that when Applicant finally gets visa and enters the US, she can file I-130. Did they use an attorney to file this case ? Did anyone review these documents when sent to NVC? Hard for me to imagine NO ONE knew of the date problem until the interview.
  7. Resources/links Your parent entered into the marriage in good faith, but during the marriage you were battered or subject to extreme cruelty by your parent or your U.S. citizen or lawful permanent resident stepparent. You may file your Form I-751 individually, or with a request to waive the joint filing requirement depending on the circumstance, at any time before your conditional permanent resident status expires https://www.uscis.gov/i-751 fee waiver https://www.uscis.gov/i-912 Foia https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act https://foia.state.gov/ address change https://www.uscis.gov/ar-11
  8. 1. She can file I-751 now , no matter she just entered in Feb. do ..with waiver of joint filing due to abuse. The 3 previous police reports / the TRO involving father and stepmother actions are sufficient to demonstrate abuse/DV. … ‘She can file fee waiver for the I-751 She uses a Safe Mailing Address ( not parents )…either attorney or reach out to a DV shelter . …if you are a teacher, try not jeopardizing your position. Do AR-11 online 2. If TRO is granted , police will escort her to get belongings they can no longer refuse. If passport/docs come up ‘ missing/lost’ file police report 3. File FOIA for USCIS and DOS to get complete records , they will be very useful 4. File with embassy to obtain another original birth certificate , a will ultimately help in replacing passport. 5. Advise family law attorney doing the TRO to raise issue of USC stepmother’s I-864 financial support obligations. Even if he has no experience litigating I-864, he can either research and get hands on or refer her out. Either way , parents will pay attention
  9. Yes , multiple choices allowed. Remember the form is used by Sponsor / Petitioner who MUST check yes for the principal K-1 AND Q 2 for K-2 family members. Those may accompany OR follow to join … Additionally Joint Sponsors use the same form and they may only be needed for SOME of the immigrants. …example Petitioner/ Sponsor can cover K-1 and one child , a Joint Sponsor would only come in for Fam Member 2.
  10. No worries, you are a fabulous VJ fellow and I believe all engagement in a post is valuable to OP… As for the I-485 , the K-1 is the principal on her form while children are derivatives on theirs. ‘Thus on the I-864 , part 3, Q1 is the K-1 and Q2 are the derivative children listed as Fam members …however many. The original I-864 form is included in K-1 submission and copies for rest.
  11. All derivatives of any petition, be it I-130 or as in this case I-129 F must file their own I-485 . …exactly as OP is doing .
  12. Your best course of action is to prepare the I-601…as you are looking at 1 1/2 to 2 years. He will absolutely be subject to the 10 year bar for ULP. The VD / voluntary departure will not excuse it. Attorney was confused when he advised you the ‘ask’ date for VD made any difference when one year ULP was accrued. See link Was he in jail as opposed to immigration detention ? Is there a criminal record/conviction ? https://www.ilrc.org/sites/default/files/resources/understanding_unlawful_presence_march_2019.pdf
  13. Congratulations. You did a perfect mid course correction by updating at the USCIS stage . As you you experienced, consulate did receive/ review AND notify your fiancé ..on email address on record . The no questions asked during interview and approval is the result of your excellent work
  14. The I-129 F/K-1 does allow for beneficiary children …and since the principal and beneficiary came under one visa umbrella . it affects how I-864 is prepared. https://www.ustraveldocs.com/th/th-iv-kvisa.asp The fiancé(e) derivative K2: If a child of the fiancé(e) wishes to accompany the fiancé(e) to the United States, he/she needs to attend the same visa interview as the fiancé(e) and apply for a K-2 visa. He/she must follow all the same procedures as the application for a K-1 visa, including paying a visa application processing fee, preparing for all required documents, and attending a visa interview. Please note that the derivative child may be issued a K-2 visa within one year from the date of issuance of the K-1 visa to the parent. The derivative child of the fiancé(e) is not covered under the Child Status Protection Act (CSPA). Therefore, if he/she turns 21, he/she is not eligible to immigrate to the United States and should not schedule an interview appointment.
  15. You are right. One I-864 for wife /principal that lists the children and copies for each child’s case. Try re formatting your cover letter and package only one set of supporting docs for each case. Ex Mrs. My Love : K-1 Adj of Status as Spouse of USC ( Top of packet should have all forms only as follows) 1-129 F Approval Notice I-485 and $$filing fee I-765 I-131 I-864 Supporting Documentation A. Civil ‘Visa /passport/I-94 /entry Overseas medical copy Birth/marriage/divorces Joint life photos/misc B. Financial Taxes/W-2 paystub
  16. Judge recommends ex-Trump election lawyer John Eastman be disbarred An attorney discipline judge in California has recommended that ex-Trump election lawyer John Eastman be disbarred, according to an opinion released on Wednesday. Judge Yvette Roland’s opinion comes after a lengthy trial about Eastman’s actions as he led some of the efforts for Donald Trump to challenge his 2020 election loss. The opinion serves as a recommendation to the California Supreme Court, which will ultimately decide whether to endorse or reject the punishment. Eastman will have the opportunity to appeal Roland’s ruling. https://www.cnn.com/2024/03/27/politics/judge-recommends-john-eastman-be-disbarred/index.html
  17. The difference is the bosses hired someone and after criticism from their own team, reevaluated their decision. They did not fire the loud and vocal members for disagreeing with exec team … https://www.npr.org/2024/03/26/1240905844/ronna-mcdaniel-rnc-nbc-chuck-todd-rachel-maddow She is now a paid contributor by NBC News. I have no idea whether any answer she gave to you was because she didn't want to mess up her contract," Todd continued, adding that McDaniel has "credibility issues that she still has to deal with." "There's a reason why there are a lot of journalists at NBC News uncomfortable with this, because many of our professional dealings with the RNC over the last six years have been met with gaslighting, have been met with character assassination," Todd said during the show on Sunday.
  18. Good thing network allowed its crew to voice criticism….unlike the mass firing by another extreme trumper media mogul 'Mass firing' at conservative site RedState Salem Media, owner of the influential conservative outlet RedState, froze the site on Friday and dismissed many of its writers. Bloggers were locked out of their accounts -- some just temporarily, while the cuts were made, and others permanently. Multiple sources told CNNMoney that they believed conservative critics of President Trump were the writers targeted for removal. "Insufficiently partisan" was the phrase one writer used in a RedState group chat. "They fired everybody who was insufficiently supportive of Trump," one of the sources who spoke with CNNMoney said, adding, "how do you define being 'sufficiently supportive' of Trump?" But if it was about politics, it was also about money https://money.cnn.com/2018/04/27/media/redstate-blog-salem-media/index.html
  19. I can assure you that a combination of computer typed and handwriting on any form works without ever resulting in RFE.
  20. Relevant bit is on page 10. ‘If all ceremonies required were performed , then marriage is recognized as valid….link addresses problems in or before 2019, ( including mini/engagement ceremonies and straight out purchase of marriage cert from religious org)…so no need to panic. ..
  21. Interesting analogy.. though I would argue comparable only if asset/ your car is not sold to lender . Heck car lenders are happy to finance ANYONE ( literally) …At astronomical interest rates . But today he cashed in very bigly .. as stock soared to the moon. Market freedom…what other IPO that posted losses of 50 million in first 9 months of 2023 could rally like that. Congrats to all of you who got a piece of the action .
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