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Everything posted by smilingstone
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Marriage in the Virgin Islands?
smilingstone replied to rotoiti's topic in K-1 Fiance(e) Visa Process & Procedures
Because even flying internally is a risk. All it takes is airport staff knowing you aren't from the US and it can cause problems. No valid visa, as K1 expires upon entry, not filed AOS yet not yet married. You're undocumented at that point and jetting around internally could be seen as attempting to abscond. If it's not necessary to travel, then why not just play it safe? -
Marriage in the Virgin Islands?
smilingstone replied to rotoiti's topic in K-1 Fiance(e) Visa Process & Procedures
If you're so indifferent to going to Poland to wait out a CR1 or even another K1, why not do that anyway? I don't understand why you would waste so much time and money to go through K1 to only take a huge risk at invalidating it all. Do you not value you and your partners time and money? -
Why do you think he would be denied a B? ESTA isn't guaranteed entry. They can still deny based on immigrant intent, which is true of a K1. The main thing is showing plenty of evidence that he will return to wait out the process. Does he have a job? Rent? Mortgage? Any other responsibilities in Italy(?)?
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Did your wife recieve a sealed packet that she handed over to CBP upon entry? That contains the original DS3025. I'm assuming so, as it's the norm, but sometimes people miss this part. If yes to the above, she should try and get a copy of it from the medical examiner she saw to include in her AOS. But if she can't, it should be OK as USCIS should have recieved the original in the packet handed over to CBP. If she did not recieve a sealed packet, then you may have to redo the medical.
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What is the best process for me?
smilingstone replied to blackviking's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yeah, and attending a conference implies a steady career and/or professional education in OP's home country. Would be a lot to give up on a whim, considering they've been married and eligible to apply for spousal for some months... -
What is the best process for me?
smilingstone replied to blackviking's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Then what changed between you filing for your B visa and now? If you were already married, and knew you wanted to move to the US, why didn't you file for spousal in April? Or you had no desire to be in the US until visiting? -
They always give a reason. Were your in-laws handed a letter? If there salary isn't high, how did they say the trip was going to be funded? And how long was the trip going to be for? You've missed out quite important details here.
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Thanks for that, it's helpful to me while I still wait for an update on my AOS after doing my biometrics back in May. Yeah, you can upload Unsolicited Evidence online, but I don't recall it saying that anywhere on any letters. I think I just came across it while clicking around in my USCIS account. Although I've not uploaded anything for a while, because I am just thinking I can take it all to interview anyway? Swings and roundabouts, I guess. Maybe it had more use during Covid when they were waiving interviews, providing there was substantial evidence? Anyway, congrats to you and your family. I hope the rest of your journey goes smoothly!
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K-1 USCIS processing times / deadlines
smilingstone replied to Mariia-02's topic in K-1 Fiance(e) Visa Process & Procedures
Unlikely you will get the expedite, but it is free to try. If you are really in danger, you should seek asylum in the EU while your K1 processes. You will be waiting a while, expedite or not. -
Filed both I-130 and K3
smilingstone replied to Vanilla cake's topic in K-3 Spousal Visa Case Filing and Progress Reports
No, because they're no longer issued... -
Filed both I-130 and K3
smilingstone replied to Vanilla cake's topic in K-3 Spousal Visa Case Filing and Progress Reports
K3s are no longer issued. -
I-134 form guidelines
smilingstone replied to ros4u's topic in K-1 Fiance(e) Visa Process & Procedures
K1 requires 100%. AOS after marriage requires 125%. So many advise that you just evidence meeting 125% right from the start, as if you don't you will need to evidence a further 25% increase of petitioner income between K1 approval and AOS (which may not be a particularly long time, for me it was only 5 months). -
That is hilarious because ATL is the BUSIEST airport in the US. The majority of international flights into the US land at ATL. To say that landing in ATL would be suspicious because it's not a big tourist destination just shows that this agency knows nothing. Have they never heard of connecting flights? And their response to you is basically, well she can lie now and if she's approved then she can just do something different to what her DS-160 says. They are also advising you to advise your "friend" to lie to CBP. This is a real slippery slope...
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Purpose of visit, it's either business or pleasure, need to choose one. Specify, again, both are shown. It's one or the other. Have you made specific plans? Yes. Then there is no actual detail where it asks for itinerary. I've seen accounts of people denied on lack of itinerary alone. Is she paying for her trip herself? I somehow doubt it given your post history. If not, that's misrep bc she says she is. Wil she be staying with you? Pretty clear that the address listed isn't remotely where she will be staying, so that is also misrep, whether she's staying with you or not. Very likely IO will ask about plans for NY, given that's where it says she will be. If she answers that with anything suggesting she will be in NY then it immediately becomes a serious case of misrep. She either resubmits form with truthful info and pays another fee, or she very likely faces denial and has to resubmit anyway. Leaving it as is isn't going to net a positive result for either of you. Yet another reason to not use an agency.
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Adjustment of status
smilingstone replied to Tcsar's topic in Adjustment of Status from Work, Student, & Tourist Visas
As long as the marriage is done in a way still in line with US marriage laws (for example, not bigamy, not child bride) then it will be recognized as a legally binding marriage in the US. His current visa is only relevant that it would in theory allow him entry into the US to marry there, so long as the intent is not to marry and adjust. The visa would also allow future visits to the US while you are going through the spousal visa process. Pursuing a spousal visa while holding a tourist visa does not mean the tourist visa is void, but it can mean extra scrutnity at CBP as tourist visa implies non immigrant intent, but spousal implies absolute immigrant intent. But to counter that, you just need to ensure the non USC has plenty of evidence to ties to home country, showing that they will be returning. Plenty of us have successfully visited the US while in the process of getting our respective visas. -
Adjustment of status
smilingstone replied to Tcsar's topic in Adjustment of Status from Work, Student, & Tourist Visas
He can't travel to the US on a visitor visa with the intent of marrying you AND adjusting. You should marry where ever suits you both, and then go the spousal route. It doesn't sound like you've filed anything, fiance or spousal, yet? -
Going K1 route is already not the norm. Hell, even going spousal route is not the norm. The norm is to meet someone in your vicinity, plan a wedding for 1+ years, spend 10s of 1000s of $ to hold the event. In our situation, you have to do what time and means allow. Time and money is a huge factor. Nothing wrong with a UPS marriage and worrying about the celebrations later. To OP, you are fine to do this. A marriage cert is a marriage cert. If your relationship is genuine, there will be nothing to worry about. But it would help your case if you do something that includes both side of your families and can document it for AOS purposes. Also, bona fide marriage is not evidence through a typical wedding ceremony, or lack there of, you need to think about everything, normal life, beyond the legalities of marriage.
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Can I volunteer at a nonprofit Hospital with a B2 Visa?
smilingstone replied to smiley_4's topic in Tourist Visas
That's not tourism. -
Can I volunteer at a nonprofit Hospital with a B2 Visa?
smilingstone replied to smiley_4's topic in Tourist Visas
How many hours per week would you be volunteering? -
Interview Documents and X-Ray Questions
smilingstone replied to J-San's topic in US Embassy and Consulate Discussion
Unless your mother knows exactly what files would come under what category, you may be better off putting individual files in poly pockets and labelling them with the file name, and grouping them under your categories in a folder. I believe at interview, they won't ask for "financial documents" but will be more specific, example "I-123a".
