Lemonslice

2 minutes ago, red12345 said:

My Marriage is great no Issues at all. all Im saying is about memorizing all the questions for the citizenship and how hard it is that's what my question is. thanks

I studied the questions/answers over an evening and tested myself during the following week.  I think how "easy" it is will depend on many factors (how many answers do you already know? how rusty are your cramming skills? etc.) 

I would start by reading the questions and answers, and I think you will be able to gauge how big of a project it is going to be for you. Don't get discouraged by really long answers, you usually only need to know a few of all the listed items (ex. Name two cabinet-level positions).

On 1/9/2024 at 4:18 PM, dwheels76 said:

Unfortunately this  is so flippin common in Nigeria that I deal with the embassy expects it. It is not impossible to get over this hurdle. Just wish you knew what you knew now. First a Writ of Mandamus was a waste because you are telling them to make a decision now. They don;t even have your evidence.
Have you even got your NOIR or NOID letter from them. Yes it's unusual to get case sent back for misrep most get a chance at embassy to rectify the situation.
This is what your wife needs to do. She needs to go to her high court (get a lawyer to do it) and get a swore affidavit stating she has never been married before. She needs to coup to the lie. The agent can put whatever they want she raised her hand t interview and said all was true and yes they do ask are you married so she can;t say she didn't know that was there it was her responsibility to check and make sure all was true.
Get the affidavit and wait out your letter from USCIS.

After reading the thread again, I am confused by your proposed solution.  She already swore twice that she was married, how will swearing once more at the different entity make the US Consulate trust that this is now the truth?  Maybe there is something different with those courts, could you please explain it to me?  How often has it solved the problem for similar denials in Nigeria?  

On 1/9/2024 at 9:42 PM, Elon said:

@Boiler understands my issue. It seems I can't reply because I've reached the maximum number of replies allowed. I'm not familiar with this system and how it works. Please let me know if I'm missing something.

I submitted a Writ of Mandamus to prompt USCIS to take action. Since the case was returned from the consular office in Rwanda, I haven't received any updates. My primary concern is the misrepresentation of a material fact, and that will be my focus. Proving that my wife was not married back then could have been easily done if the US Embassy in Rwanda had pursued that route, but they didn't.

The Rwandan government has an e-government system that tracks all civil statuses of the population, and this is known to the US Embassy in Rwanda. They can verify documents easily. I believe the case was returned due to the FAM code:

9 FAM 302.9-4(B)(8) (U) Additional Information

(CT:VISA-1597; 08-02-2022)

a. (U) Misrepresentations in Family Relationship Petitions: USCIS retains exclusive authority to deny or revoke family-relationship IV petitions. Thus, a misrepresentation with respect to entitlement to the classification based on the relationship, e.g., a sham marriage in an IR-1 case, cannot be deemed material if the petition remains valid. Upon discovery of a misrepresentation, you must return the petition to the appropriate USCIS office via the National Visa Center. If the petition is revoked, the materiality of the misrepresentation is established. In some cases, the relationship and petition may still be valid, but the individual may misrepresent eligibility for the classification in a different way that is not relevant to the petition's validity. In those cases, you retain the authority to make an INA 212(a)(6)(C)(i) determination.

I know it’s an uphill battle, and the beauty of the US system is that there is due process. Once I get the response from USCIS, I will know what my next move will be. It seems like everyone saw the misrepresentation and decided the case already, but in legality and the interpretation of the law, the current DOS and USCIS will determine our fate. If everyone here does some work and reads the case, as @Boiler did, instead of casting stones, it will be very helpful.

Thank you all.

 About this part: "The Rwandan government has an e-government system that tracks all civil statuses of the population, and this is known to the US Embassy in Rwanda. They can verify documents easily."  Please remember that the Rwandan government is only able to track civil statuses when they are aware of it.  It might be easy for events happening in Rwanda, but you also need to prove that she did not go to France, to Canada, or to Mongolia, to get married, and that she did not marry another American by proxy...  Proving a negative is VERY difficult.  Best of chance to you and your family.  

You could also take your wife last name, if it's important for your family to all have the same name.

Without knowing @TravelingLilly     situation it's hard to know.

There is the implication that becoming a citizen is for life, or until you renounce it, and the obligation of filing every year stays, even if you are no longer a resident. 

Best to prepare your questions and consult with a fiscalist.  Closest consulate of Italy might even have a list of known professionals in your area.

For example, what happens if I get inheritance/income/assets while being a permanent resident/US citizen/Italian citizen, living in the US/in Italy/in a third country?  It can get complicated, and costly, to pick the wrong path.

https://www.miracoalition.org/our-work/education-training/

Good luck!

22 hours ago, JackandEdna2019 said:

I would like some feedback, bcs my I-129F petition was denied and my fiancé wants to do the CR1 visa now! My question is will it be easier for us to get approved for our CR1 petition than the I-129F petition we got denied for? Not only did they deny it, but it took them more than 3 years and 4 months to deny it. My fiancé had our first baby together back in November of 2022, and we want to be together as a family bcs being apart sucks. Any advice pls feel free to let me know. 

What extra steps did you take to be able to provide evidence that "I'm not a risk to my beneficiary or any derivative beneficiary"?

Also, I am not sure I read the timeline of your story properly, but if the victim of the offence(s? - not clear how many convictions total) was a spouse you previously sponsored, this might add a layer to their reticence. 

I agree with others, you need to consult with a specialized attorney and see if your plan to live together in the US is realistic.  

Much easier (and a little cheaper) to do in Canada than by mail from the US.  If it were me, I would renew it now. Ideally, you drop your application at a Passport Canada center (not Service Canada). 

45 minutes ago, Daisy.Chain said:

Hi everyone,

 

Mr. Daisy became a US citizen through a k1 a few years ago - thank you all for your help. I'm coming back with another question for you.

 

Mr. Daisy has a rare really aggressive autoimmune disease that affects his kidneys. It is not the traditional kidney disease where sometimes dialysis is an effective time buyer while you wait for a donor kidney. He went from "fine, slightly high bp" to where we are now (level 5 kidney failure) in less than one year.

 

We knew he was sick but Mayo Clinic this week gave him 6 months if we can't find a donor. This is after we're doing EVERYTHING possible to slow this down.

 

Family is the most likely shot at a match and we have lots of family volunteers in the DR that are possible matches. but the processing time for a B2 is longer than he has. We have tons of documentation and I'm hoping this qualifies for a medical expedite for them to come and get tested/possibly donate in the same visit.

 

Is there any guide for an emergency medical B2 visa of what or how to submit for an expedite? I am looking but some of the links I've found don't work and I don't want to do it wrong. Is it just a normal B2? If so, how do I request an expedite? I apologize is this is somewhere on here that I've missed. My brain about to go crazy.

 

At least one of my husband's siblings is a very possible match -we're testing OOP as much as possible in the DR with plans to repeat in the US- and already applied for a tourist visa a few months ago for unrelated (wanting to visit) reasons but the appt is several months away.  Is there a way to request an expedite of this existing B2 application?

 

Our last ditch scenario is to attempt it in the DR but my husband is deteriorating really fast and is currently fragile. Doctors would never let him travel but if we ignored them and did anyway it would be really dangerous...and we'd have to start all over there with the transplant evaluation and I don't know if we have enough time. 😞

 

Thanks everyone in advance.

Please reach out to the  

International Patient Services at Mayo.  

https://www.mayoclinic.org/departments-centers/international

Similar service at the hospital I go to is very knowledgeable/good reference center to prepare the medical documents to support the urgency and severity of the situation, and why care in their hospital is required.  

I remember your posts Daisy, I hope that your husband will be able to receive prompt care and a donor match. 

1 minute ago, SalishSea said:

Neither of my husband’s GCs required a signature for delivery.

Third card for me, still no signature.  

45 minutes ago, Cata&Ben said:

 

Thank you so much for all your help.

 

I submitted an online request for an appointment with USCIS on Wednesday. I received a reply from them today, stating that they have already sent my green card and provided me with a tracking number for US UPS. I decided to track the number and discovered that my card was already being delivered at that moment!

 

I feel so relieved now.

 

Thanks for providing advice.

 

Cata

Great news! 

1 hour ago, lr28 said:

Hello! I'm hoping someone that maybe has experience this can help me. My mom's birth certificate from Argentina keeps getting rejected. Then, my birth certificate (also from Argentina) was accepted for a while and now it has been rejected too! I checked their guidelines for Argentina and the document is the correct one. Their message is "Please replace this with an acceptable birth certificate from a correct issuing authority. " I checked and both things are correct. Anyone else has had this issue? Were you able to resolve it? I'm lost at what else to do! My lawyer submitted an inquiry and they didn't tell us why it was rejected, just sent us back to their same message. HELP Please!

If you're 100% certain that the documents you have are the ones listed on the reciprocity schedule, then print the reciprocity schedule paragraph relating to birth certificates and highlight why your document is the correct one.

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

It's much easier to renew the passport before the interview, than from the US.  I would have been working on this months ago, but she should request an expedited renewal today. 

9 minutes ago, OldUser said:

How risky is travelling on expired GC and extension letter when 10 year GC is being produced?

 

I get it, airline is unlikely going to flag it as they're not aware of 10 year GC existing. CBP will have to let LPR in, the worst case hold them in secondary for some time?

 

 

People have different tolerance to risk, but me, personally, with a valid extension letter, I see it as close to zero risk as possible [always the risk of meeting an untrained airline agent]. 

https://www.cbp.gov/sites/default/files/assets/documents/2023-Nov/Carrier Information Guide ENGLISH.pdf 

Page 10/92 [Arrival by air]

"B. U.S. RESIDENTS — must provide one of the following:
• Permanent Resident Card, Form I-551
• Expired Conditional Resident Card, Form I-551
accompanied by Original Form I-797, Notice of
Action indicating the card validity is extended"

If OP did not receive the approval letter, they would not even know that they should be expecting a new card shortly.   They are permanent resident, they currently have documents to show their status.  

@Cata&Ben, I am also in the Boston area and received my new cards really quickly (after entry, after ROC, and, more recently, after renewing my 10-year card). Make sure your name is on your mailbox (in case you get a new/overzealous mail person), register for informed delivery, but I received my cards in days, not months.  Wishing you the same quick delivery, so that all questions and worries are avoided!

Time spent outside of the USA is only one factor.  

Please refer to this page to see how you can be deemed to have abandoned your permanent residence, and how to maintain it. 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence 

Quote

Who Can Adopt
Pakistan has no statute that provides for the adoption of children; thus there is no law setting forth age, residency, or marriage requirements. In general, adoptions are a community matter in Pakistan. People often opt for informal adoptions according to their faith, outside the Family Courts. Such informal adoptions do not meet the criteria set forth in the U.S. law for the issuance of an immigration visa to an adopted child. Prospective adoptive parents must comply with U.S. legal requirements in the I-600 process and applicable provisions of the Guardians and Wards Act of 1890 in Pakistan.

Source: https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/Pakistan.html 

Source will also provide more details on who can be adopted, and how to adopt.  From the little you have said here, I am not too optimistic living in the USA together is a realistic project, but please let us know how things work out for your family.  Best of luck.

If you are meeting again, why not get married in Vietnam and take the spousal visa pathway?

Other members with experience in Vietnam might be able to advise you better.

6 minutes ago, Pinkrlion said:

They do not waive them for I-90

They did for mine.  I still wouldn't risk it.

5 hours ago, JKLSemicolon said:

Just a data point here that at the DS-260 stage the DOS changed the beneficiary’s last name in their system to match the passport (with both paternal and maternal last names) despite the I-130 being approved by USCIS with a different last name (in this case, the married name). As a result, the visa and green card were issued based on what was on the passport.

We’re currently waiting until citizenship to do any name change because of this; your mileage may vary.

 

I've never seen the visa being issued in another name than the one in the passport.  OP's husband should update his passport before the interview, if it's important to him.

If he's able to have his passport modified to the name he wants, before the interview at the consulate, his visa will be issued in that name.

5 hours ago, W199 said:

At least in my State, the laws of intestecy say that even if your Spouse leaves everything to someone else in their Will, then as a Spouse you can just ask the court to void that part of the Will. In my State, the spouse has the full right to everything regardless of what is said in the Will, unless they waive that right in a pre or post nup agreement.

 

I'm not sure if that law applies to beneficiary as opposed to a Will, but you'd think so. 

 

Likewise for a workplace 401K, you can not change the beneficiary to anyone else but your Spouse unless they waive the right.  

Still good to show you actually set it up for your spouse...

Very easy and little involvement/consequence in showing text messages, subscriptions, and gym membership. A bit more consequential to mix real money in, and living will/end of life directive....

On 11/10/2023 at 7:46 PM, Lemonslice said:

Wills and living wills are important documents to have, not just for immigration, but in life.

 

 

Quoting myself, but why no will?

Are you beneficiaries on each other's financial and insurance accounts? 

Wills and living wills are important documents to have, not just for immigration, but in life.