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W199

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Everything posted by W199

  1. When the embassy asks her, "How or who will you pay for the trip"? What will she answer?
  2. You said yourself in your first post, she has a 0% chance. She is single with no job or assets, and even worse she has a USA boyfriend which ties her to USA. She would have a much better chance if she was married and can prove you retired in Thailand. Long term you will be better off and have more success with immigration if you marry now then in 2+ years when you are ready to return to usa, then do an IR1 visa. These manipulations you are trying to do are not likely to end well
  3. Yes, you can file amended taxes. If you used Turbotax it is easy. If you didn't it could be tricky.
  4. In my unprofessional guess, it seems to be that it is relatively simple: You got denied because you didn't submit a medical form and vaccine records. This makes sense because they ones you did send them were returned to you because of an issue with the fee you sent. Hence, the adjudicator no longer has them in their file. You relied on advice from the tier 1 USCIS representatives who don't have access to paper file to see they were returned to you. Seem like your agency didn't advise you properly too on what to do when you got them returned. You didn't say if you literally saw the medical form uploaded in your online account. I would think your appeal should focus on the issue at hand, that you did send the medical records and USCIS told you they were all set and had all the paperwork. You will need to clearly explain why you didn't re-send in the medical forms when they returned them to you. I don't think the extra words such as "as advised by the civil surgeon and Agency" are helpful .. that is just blaming others for what you should have done or known .. but that is my opinion. Personally, since your life is depending on it, you may want to consider a lawyer cleaning it up and adding some legality around it since surely there are some laws that are relevant. But since you have a very good case showing you submitted them and then were misled by USCIS that you don't need to send them in again, or perhaps USCSIS didn't see the ones in the online account (you need to check this) ... you have a solid case without a lawyer .. upto you
  5. Maybe even also submit the job applications, not just the job offers. This shows you are searching. It sounds like the paperwork that everyone suggested will be enough. But if you really wanted to bullet proof it, it may not be a bad idea to go back to USA, and prove you are living there and looking for a job. And to actually get a job.. You want to get your life off to a good start, so its better to already be in USA, established, with a job and income before your family moves back anyways. It will be a win-win and a guaranteed visa..
  6. Wow! That is a ripoff for an agency! And sorry, no, that is NOT the same one as I used. But it has a very similar name! Private Message me and I can give you the contact details.
  7. Yup, that's the one I use as well, and I know others have too. My case was very complicated and they handled it better than my immigration lawyer tried to. The thing that I really liked too is you can call or email them any time, all the way through the interview or even afterwards for anything especially Philippines specific topics and will dispel various myths you will hear about the Manila embassies. They know all the very subtle details of dealing with Manila that a general purpose agency that handles all Countries might not know. And even helped with issues after she arrived here such as the correct process to get the SSN .. very helpful .... When I almost got denied, got a RFE for something in my past that I forgot about, they guided me the best way to respond, which was different from how I was going to do it. In about 4 days after USCIS got my response, the K1 was approved. So needless to say I am extremely happy. Likewise they did the AOS for me, and the speed at which my Wife got her AP/EAD, and greencard was shockingly fast. At least that was my experience ...
  8. You can do a foreign wire transfer to pay the taxes, and the IRS can mail you a refund check to your foreign address. But can't you just open an online US bank account? Also, banks like HSBC make it easy to have and open US and foreign accounts and do instant global transfers back and forth, free wire transfers, etc.. But you need a high minimum balance to avoid a monthly fee. In anycase, you should have a professional fix your situation. It sounds complex.
  9. I am in Massachusetts too. You probably used the same agency that specializes in Filipino k1/cr1 visas that I used since I know of only one. They are very good and know what they are talking about. They do these every day and know how long the wait is. If they say 14 months, then that means the ones they did 14 months ago are now coming to the USA. But this is very dynamic. The wait for K1 or CR1 visas that are being submitted now could be longer or shorter than the ones submitted over a year ago. If I was betting, it may slow down even more with the current administration. By the way, that agency was invaluable for me. They saved me a huge amount of time, and cleared up a lot of misinformation and wrong info about various subtle issues that you will read about. They even corrected bad advice that my immigration lawyer gave me (admittedly a free benefit from work). Without the agency's help my K1 would probably been denied. But mine was a complicated. For a standard case, its not that bad if you are good at research. It was worth every penny (only $600). Its a difficult decision to apply for a K1, abstain, and risk delaying your family. Or get married, start a family while waiting for the VISA. The answer depends on very complex set of variables. Keep in mind, if you decide to get married in the Philippines that will add a lot of time beyond the 16 months they gave you, unless you do a Utah proxy wedding. The agency can explain why. if money is any issue, if you marry this year, you can file taxes jointly which will also save a huge amount of money if you have a high income and she has none.
  10. Your 221g seems to say that you were convicted of drug trafficking under section 2C. For that, there is no waiver or appeals Unless you get a Presidential Pardon of you can overturn your conviction, there are no other options unless there are exceptional life threatening circumstances that make you eligible for humanitarian parole In short .. and in all practicality .. the answer is no ...
  11. That is very sad and unfortunate for you and your spouse. Seems like there is no coming back from this unless you can get a lawyer to get your conviction overturned, assuming you also never admitted to the crime. Looks like your options are to get divorced and go your separate ways, or for your spouse to immigrate to Montreal. I love Montreal, I think that is a great option. Good luck and consult with some top immigration lawyers before making a decision.
  12. Upload a redacted copy of the 221g
  13. And for another example of public/private assistance, every State has an affordable housing program, either for renting or buying. In my area, for a family of 3, the max income to qualify for affordable housing is about $70K.
  14. If you want to stay in the USA, then sounds like you need to wait for your husband to get work authorization and get a job. Then again you need to factor in day care, and one of you needs to get a job that has good healthcare insurance. With your husband unable to work, I don't see how your mother coming over is going to help. Seems like it will just be an expense. There may be different kinds of public and private assistance that you may be eligible for, you will need to research that, for example "food stamps/SNAP". You should research and investigate all of that and create a budge. Maybe you need a financial advisor to help create a budget and financial plan. In the end you need a budget and plan that won't bankrupt you. You need to work out the numbers, Remember, if you move back to Peru, as an American citizen you still need to pay taxes on any income you earn worldwide.
  15. Just be sure to include the certified court recond that includes the dispostion of the case, and you'll be fine. If that is missing you will get an RFE.
  16. Which “various applications” are you referring to? As for the I-129F it clearly asks if you have ever been arrested which you clearly must answer yes and supply the required documents as others have explained herr.
  17. Good point .. technically yes .. but since generally when you are away more than 1 year wihtout taking steps to preserve your residenct status, you are highly likely to lose it. Even if you get permission to leave more than 1 year, that permission is limited to 2 years. In this case, it was over 10 years, started a family overseas with non-usa citizens, didn't pay taxes, and so forth ...
  18. Since you abandoned your permanent resisdency, you don't need to file ... If you were still a resident and didn't file before you abandonded it, that might be a bigger issue . But it dounds like that didn't happen since you said you only worked in the last year.
  19. I'm sure the actual rules are more complex than this .. but from what I can see is the airlines are only fined if they board a passenger that is not eligible to be admitted due to the documents themselves, such as having no passport, no GC, missing or expired VISA, and even a missing return ticket if required by immigration. But if they are simply not admitted for other reasons beyond their control, despite having valid documents, the airline is responsible for their flight back home .. but can later try to recoup the cost from the passenger if it was the passengers fault (such as fraud, etc._). ... But the last thing the airline wants is to be fined and other sanctions by boarding passengers without correct documentation per the rules and having them beg for AP and asylum, etc..
  20. And in this case, it would have been very simple ... they just needed to get persmission that the combo AP/EAD card is acceptable to board a passenger ...
  21. No, Its not a guarantee and it has nothing to do with getting admitted... Its simply permission to the airline that they will not be liable and fined for boading a passenger without valid credentials in case they are not admitted after all. Just like any other passenger ... If the airline violates the rules,they will be fined otherwise. I have no idea what countries have this relationship and direct access to CBP's phone numbers ... but it has been done before in emergency situations where the passenger would not normally be allowed to board ..
  22. There have been cases like this before, where the airline called CBP and got approval for the passenger to board ...
  23. For comparison, my Wife's DS-3025 only had the TDAP and MMR vaccine by the panel physician. Plus the covid record. Everything else had the blanket waiver for everything else ... As far as I know, Pertussi is a required vaccine for the green card, and it is part of the TDAP which your form has totally blank including the waiver. Maybe someone else might have more info about this ...
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