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Everything posted by smilingstone
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Only my opinion but I read the adoption guidance as that the adopted child is still residing in their birth country and needs to return to the US with petitioner, as the petitioner does not reside in any other country. It seems in your circumstances that you have already established a home with your adopted children in Canada, so I would not see an imminent need to leave, especially when it is a country like Canada. Financial strain and child care needs, I would not think, are top of the list for DCF, that's just life. But again, only my opinion, I am not USCIS. Best thing you can do is ask. Worst that can happen is they say no. If they do, I don't think going back with a job offer would look shady.
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Tourist visas are not for shipping in family to act as live-in babysitters.
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It isn't just a case of waiting for it to be Approved, but also Issued and then however long it takes for the courier to deliver/beneficiary to collect. I understand that late term pregnancies create another level of urgency, but it's generally advisable to not make travel plans until the visa is in hand. Good luck!
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Initial Steps
smilingstone replied to Royt's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
AOS, EAD, AP (if needed). The regular life stuff like SSN, state ID/driving license, etc. The VJ guide on AOS is a little out dated so if you're unsure of anything, you can ask here and recent filers will be able to clear things up. Good luck! -
Why does she need to find another sponsor? You already said her husband earns enough to support a household if 3. Who is paying the lawyer fees? If it's the mother/husband, you may want to consider pulling out as a sponsor for the child, which would result in the child's AOS being denied, and then the mother and son can refile as her spouse as the sole sponsor, as you said he earns enough to support a household of 3. It's the cost of getting a lawyer to fix this, versus just paying to refile everything again. Not an easy decision to make, but as you are already sponsoring your own family and say you can't afford to add 2 more, you have to think about how this will effect your future.
- 12 replies
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Hoping you have both now learnt that isn't possible as a K1/K2 combo.
- 12 replies
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Clearly you didn't as the letter specifically states that you didn't. Best to consult an immigration attorney on that. Then why did you sponsor? Again, so why did you sponsor? As I said above, best to consult an immigration attorney on that. If they're knowledgeable and the above is correct, it looks like you're locked in for sponsoring the child and will therefore be required to sponsor the mother. This is a prime example of ensuring you are fully capable and committed to sponsoring intending immigrants.
- 12 replies
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Expedite K1 visa
smilingstone replied to Patrisha Quinn's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
Plenty try, but not many have actually valid reasons. -
I have seen VJers file AOS the same month as me in April and they already have their interview scheduled, if its not already happened. Mine is estimating over 2 years though. EADs seem to be much quicker, only a matter of months. Mine was approved in around 1 month, so atleast I got lucky there. There's also AP needed if you want to travel while AOS is pending. That can also take many many months. It seems pointless to try to get it if you have international travel plans within the next 6 months. If you're doing K1, you've got to be sure you're okay with the above (and paying for it all) and more waiting for an undeterminable amount of time. For CR1, it might take you longer to finally be together, but you won't have to deal with the waits for AOS, EAD and AP.
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Also, looking back on the letter, it sounds as if you also did not provide USCIS with: Properly completed I-864 (reads as if you missed pages, did not sign, and perhaps to do with you incorrectly attempting to sponsor a K2 separate from the K1). Your own most recent federal tax return and proof of income. Your own documentation evidencing your status, as joint sponsor, either as LPR or citizen.
- 12 replies
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wrong date/screenshots
smilingstone replied to Naleb's topic in K-1 Fiance(e) Visa Process & Procedures
It's an understandable mistake, you spend weeks or months looking over the same forms and documents, it's easy to not see the smallest errors. USCIS are human beings with common sense, but things have to be literal for them. That's why it's really important to quadruple check everything before submitting. Your I-94 alone confirms your entry and exit into the US, so I wouldn't worry too much about it. It's not as if you said you travelled in March but the flights said October, it's just 2 days. It would be advisable to expect an RFE asking for clarification, or evidence of you two meeting, but it should be simple enough to clear up with a revision to your supporting docs and maybe an amended letter confirming exact dates and explaining your oversight. Or maybe you won't get one, you'll just have to wait. I'm confident that you won't get denied for this particular issue. -
It's her that is petitioning both herself and her son for AOS. Her son is her dependent, so therefore they are not separable in this context. You can't have 1 person sponsor one, and another sponsor for their dependent. You, as joint sponsor, should be evidencing that you can support the intending immigrant family unit (both mother *and* son). There is no motion to file as the mistake is your own, not USCIS. She will need to refile for AOS, EAD and AP as they have all now been denied.
- 12 replies
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Overstay in other country
smilingstone replied to Lolol's topic in K-1 Fiance(e) Visa Process & Procedures
So you didn't overstay in the UK, you overstayed in the EU? But you stayed with your family in Prague? So they overstayed too? Or are in Prague, meaning your "home country" is where? Very confusing portrayal of events. You will have to get your story straight in case your travel history is questioned. -
Overstay in other country
smilingstone replied to Lolol's topic in K-1 Fiance(e) Visa Process & Procedures
Assuming you're the beneficiary, since you mention *your* K1 interview. Where did you go after leaving the UK? Did you travel to the US with your fiance? The overstay itself won't impact things, but the fact that you can travel on tourist visas for 6+ months at a time may raise questions. If you plan on staying in the US now for any length of time, it may appear that you are trying to live in other countries while claiming to be a tourist. -
This is a really new thing so there may not be much personal experience of this specific to UK K1s, but the London site does state that if you attend your interview without being documentarily qualified, you will need to reschedule the interview. The purpose of this new document review is to establish if you need further documents before your interview. But because the document review is just an open period of time, perhaps they can just go back to the embassy during that time, in advance of their interview? Your best bet is to probably contact the embassy to ask, but they aren't the most prompt when it comes to responding to emails. Im curious to know how this new document review impacts medical appointments. The document review is only available 11.30am to 1pm, so do they now only schedule medicals before 12pm? Crazy!
- 4 replies
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- document review
- medical exam
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(and 2 more)
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I went to SSA website, followed some links about booking an appointment, picked a date and location: https://www.ssa.gov/number-card/request-number-first-time I had to make an account. It also asked me to confirm what identifying documents I'd be bringing. From what I remember, I just took my passport with visa, I94 and proof of address. Following that, I've learnt to just call my local SSA office directly to schedule appointments, but I know some places, especially big cities, don't allow you to do this. If not, you're stuck calling the national number and being on hold for 2+ hours. But as @OldUser says, this seems to be an issue caused by trying to get an SSN after filing for AOS. I did have trouble updating my name on my SSN to my married name in between filing AOS and receiving my EAD, but was solved as soon as I was able to go to the SSA with my EAD card. And FYI I am currently looking at an estimated 27 months for GC, so it is possible to do before receiving GC.
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Irrelevant for an ESTA application. He must've answered YES to a question that makes him ineligible. Only he knows what would cause this. Flight on the 10th simply isn't happening with an interview on the 15th.
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Many engagement and wedding photos are heavily staged. That's the point of them. I don't think they would accuse of you of misrep for that alone. Are you sure that's the full story? Perhaps it's a cultural thing I'm not aware of. Does Pakistan really validate marriages based on how orchestrated the wedding pictures are?
