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Brother Hesekiel

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Posts posted by Brother Hesekiel

  1. Here's the most important lesson to be learned: do not change your name just because you got married!

    Back in Jane Austen's days, when the wife was more or less spoken for and became the property of the husband, when horse and carriage was the main means of transportation for the well-heeled, this was a no brainer. Today, we live in a different world. Women are not the property of their husbands anymore, we travel by flying ships, and it's okay to keep one's identity, even if one gets married.

  2. Even if you become a US citizen and can petition for your mom, unless you have the money or proof of insurance to pay for her medical treatment, potentially for the rest of her natural life, she will not get an immigrant visa to the United States. Here's the law for that:

    Age and Health of Prospective Immigrant

    Both USCIS and Department of State are required to consider the immigrant's age, health, and ability to support themselves when making the public charge determination. This requirement is based on INA section 212(a)(4)(B):

    Factors to be taken into account.- (i) In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's-

    (I) age;

    (II) health;

    (III) family status;

    (IV) assets, resources, and financial status; and

    (V) education and skills

    Only after considering these things, will DHS or DoS consider the affidavit of support:

    (ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 213A for purposes of exclusion under this paragraph.

    Both the Adjudicators Field Manual (DHS) and Foreign Affairs Manual (DoS) refer to the "totality of circumstances", and specifically refer to INA 212(a)(4)(B). Some specific references in the Foreign Affairs Manual:

    9 FAM 40.41 N4.3 Family Status

    You should consider the marital status of the applicant and, if married, the number of dependents for whom he or she would have financial responsibility.

    9 FAM 40.41 N4.4 Applicant's Age

    You should consider the age of the applicant. If the applicant is under the age of 16, he or she will need the support of a sponsor. If the applicant is 16 years of age or older, you should consider what skills the applicant has to make him or her employable in the United States.

    9 FAM 40.41 N4.5 Education and Work Experience

    You should review the applicant's education and work experience to determine if these are compatible with the duties of the applicant's job offer (if any). You should consider the applicant's skills, length of employment, and frequency of job changes. Even if a job offer is not required, you should assess the likelihood of the alien's ability to become or remain self-sufficient, if necessary, within a reasonable time after entry into the United States. (See 9 FAM 40.41 N4.7.)

    9 FAM 40.41 N4.6-1 Aliens Subject to INA 212(a)(4)©/(D)

    An alien who must have Form I-864, Affidavit of Support Under Section 213(A) of the Act, will generally not need to have extensive personal resources available unless considerations of health, age, skills, etc., suggest that the likelihood of his or her ever becoming self-supporting is marginal at best. In such cases, of course, the degree of support that the applicant will be able and likely to provide becomes more important than in the average case.

    In plain English, the consulate needs to make sure that your mom will NOT become a financial burden on the American people. Since she has a serious pre-existing condition, they can assume that she will need medical treatment, that she can't work at least 10 years of full time and pay into the system, so she would get no retirement money either. In short, they would want you to prove to them that you have enough money to take care of your mom for as long as she lives. Proof, not a promise.

  3. Thanks for sharing.

    That was a heartbreaking story.

    America can be overwhelming for somebody who just arrived and has to juggle work, school, transportation, and people who are not supportive at all. But you are still young, and you can look forward to a long life. The next time you meet a man who may be "the one," make sure you know him very well in all kinds of situations, know as much about him as possible, before you get too close.

    Best of luck to you.

  4. How come we have nukes but we get to tell N Korea they can not ?

    I was thinking the same, many times. If you are armed to the gills, with those Colt Pythons in their holsters, another Colt Diamond back in your shoulder holster, and a Colt Detective Special in the ankle holster, followed by your Israeli buddies who are armed to the gills as well, and you tell the little guy he can't try to shoot his .25 auto, you come over as a bully of the worst kind.

    Let the world decide that we will have NO nuclear weapons anymore, destroy them all publicly, and if then a small country pulls any stunts, turn it into a crater.

  5. There is no requirement for you to even have a passport. A passport is only needed for international travel, nothing else.

    But . . . at the interview the I.O. will want to have a look at your passports to check entry stamps and compare this to your travel dates. An expired passport is perfectly fine for this.

  6. Once you got married, which you can do at any time, you can get your (then) wife residency in Germany.

    Alternatively, your wealthy wife can get you residency in China. Since you didn't plan on becoming a US citizen before meeting this woman, living either in Europe or China may be a viable option.

    Or, if your soon-to-be wife is wealthy enough to spend a cool million, she could go the investor route via an EB-5 visa.

    Absence makes the heart grow fonder, they say. So if you plan on becoming a US citizen and your long distance relationship is still going strong afterward, you can take the next step.

  7. How so? A lot of these folks - like most Americans - have never even been outside the country. They have no idea what things look like beyond our borders. In fact, many Americans don't know what things look like outside their county.

    What exactly do you mean with beyond our borders? Are you trying to tell me there is something outside of our country? Aren't we are surrounded by savages who want to invade us?

  8. You have to be a US citizen in order to apply. The fact that you theoretically could become a US citizen a few months later is a bit different from being a US citizen. You are not a US citizen when applying, not a US citizen when being interviewed, not a US citizen when passing the tests, and not a US citizen before you have received your Certificate of Naturalization.

    She doesn't have intention to stay permanently, . . . .

    If your mom wants a Green Card, and enters with a non-immigrant visa, then she intents to stay permanently. A Green Card is for permanent residents. If your mom doesn't want to stay permanently, then she really doesn't need a Green Card. Again, as said before, you would be planing fraud, a felony, and it's probably not a good idea to do this shortly before you have to pass the "good moral character" clause.

    Also know that your citizenship is somewhat conditional for the first 2 years. Until 2 years after your naturalization have passed, a single I.O. can unwind it with his or her signature; no judge needed. Only after 2 years the USCIS would have to bother a court with this.

  9. The problem lies in our (American) society and the disrespect of authority and values in general. When I was young, we took off our hat when entering a room, were respectful to teachers, and said "yes, Sir" or "yes, Ma'am." We left our houses unlocked and car alarms, drive-by shootings and school shootings had not been invented. They didn't exist.

    These days our youngsters don't give a rodent's behind about anything. They dress like gangstas, threaten teachers, knowing that they can't respond properly, and they leave school nearly as dumb as they entered it. Unmotivated and not being able to make a decent living, they often turn to a life in gangs and crime, and they breed and multiply and thus taint the human gene pool.

    The more dumbf*cks exist, and the more they breed, and the more brainless drones we have among us, the worse it gets. That's why America is on the way down. It will get worst.

  10. How would we know that? With the SSA, everything is possible.

    If you absolutely want to have the new card, go over there again and see if the card is being processed to be mailed. Don't be surprised if you get a totally wacko answer about your wife's expiring I-94 or that they need to check with the USCIS database or any other #######.

  11. Okay,

    let me start easy, pretending I'm the I.O.

    After getting the introduction out of the way, I'd ask you what kind of job you have that allows you to take vacations taking 5 months or longer per year. If you answer me that you don't work, I'd ask you to show me how incredibly wealthy you are. If you are telling me that you are not wealthy, I'd ask you how you can afford such vacations without having to work.

    Depending on your answers, I'd proceed.

    Yes, you are eligible to file. It's possible that this will go super smoothly, and it's also possible that the I.O. is not happy with your excessive absence from the U.S. and does what I would do.

  12. While you may have felt interrogated by a Hispanic, I feel that the I.O. did his job. You didn't file taxes jointly, you work on a satellite above Earth, your hubby is under mommy's helm, and you travel to your home country any opportunity arises.

    :bonk:

    No, but seriously, the I.O. just did his job, and since you answered all the questions in a satisfactory manner, you'll get your approval in about a week or two, at the very latest. Find confidence in the fact that applicants who fraud the system have a really hard time passing such an interview, and that's the idea behind being subjected to interrogation.

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