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HappyKnappy

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Posts posted by HappyKnappy

  1. Hi everyone, I wonder if any of you have any experience/knowledge in this area?

    My husband does not pay taxes as his entire income is his benefit from the VA. He is rated at 100%, individual unemployability, combat related disability, Therefore he has no tax returns to include in the aps.

    The supporting material we filed with my applications (AP, EOD, AOS) included documentation from the VA that defines his status and bennies, including amount per month and statements that VA benefits are not taxable.

    We also included bank statements that show several months of electronic deposits from The US Dept. of the Treasury, the amount he receives covers the required amount over poverty level by far.

    Do you think this could present us with any problems?

    It shouldn't be a problem at all, members of the Armed Forces have multiple benefits, Veterans may have a couple more. I think I read somewhere that Immigration petitions by Millitary personnel have a certain preference or benefit. I suggest you look for info regarding that.

    I wish you the best in your AOS journey!

  2. After 2 months (or so) of not posting in this website, I am back to report that my first step towards Citizenship has been a great success. My interview was today, and I now have LPR status. The process went by EXTREMELY smooth, and I am most thankful for the useful resources found in here, like your guides. I want to say that the information found here played a very important role, it even impressed the IO...

    Anyway, the interview was mostly without me. I waited around 30 minutes in a hallway, until I was finally called in. This time can be unbelievably scary, so be prepared with positive thoughts if you are in this position. Once in the officer's cubicle I understood why it had taken so long: my wife had all the papers out, they went through pictures, cards, boarding passes, etc. The officer swore me in, went over the AOS form questions with me and then asked me like 30 questions that ranged from the way we met, specific events that my wife had disclosed to the IO, to our ISP and who paid the bills. I answered I didn't know to a one specific question, but he said it was nothing. After that, he gave me an interview results page which he had already printed before the interview, stamped my passport, welcomed me into the US and congratulated us.

    The keys for success in my own analysis, are the following:

    -Complete documentation.

    -Compliance with EVERY request. Basically, if they don't ask for your dog's vaccination records, but the form says you must bring it, bring it. Who cares if you don't use that paper ever again?

    -Patience, and good faith. If you are entering this country for the right reasons, you have nothing to be worried about.

    -Full disclosure when you are being interviewed, IOs pay full attention to detail!

    Throughout my time browsing around VJ, I have found a lot of useful advice to get where I am right now, but have also been very disappointed with a couple of the "more experienced" posters and the type of replies I got at one point. This type of responses will keep discouraging future VJers looking for an answer to their questions... Even though there are laws, these are always up to interpretation, not to mention the fact that many other circumstances will affect each individual case. Sadly, not all of these circumstances are applicable to each and every one of them. So, to the kind of poster that thinks he/she knows it all, do us all a favor and tread carefully. You are dealing with people's families and futures here, not just giving advice... Unless you are an Immigration Attorney, I seriously doubt what we see here is enough to give a straight opinion about laws.

    Thank you VJ, we owe you one.

  3. If you read previous posts, it's about intent. If you INTEND to use a tourist visa to adjust status, then it's illegal. Very simple. Tourist visas are for tourists, not for immigrating. In the OP's case, the intent is clear with an approved I-130

    However, if, while entering the US in good faith as a tourist, one marries without any previous plans to do so, one may adjust status. Doing anything else may result in a lifetime ban from the US.

    Confused with this one... Here it is, I got married in March 15 in San Diego and my wife would file the petition. However, when I came to see her in May, we decided to stay together. Now I am worried sick, because I have no intentions of committing fraud.

  4. HappyKnappy - the date of the issuance of the tourist visa is irrelevant. It is her intent when ENTERING the US that is important. If she uses her previously issued tourist visa to enter the US but has the intention of adjusting status - that is the illegal part.

    Hmmmm so now my question is, how can one adjust status from a tourist visa without incurring in visa fraud? For example like me, who used to live in a border town?

  5. How would they get in the US - on a tourist visa? To enter the US as a tourist with the intent to stay and adjust status is immigration fraud. I suggest you wait out the visa interview appointment and have them enter free and clear.

    Surely starting school a little bit late is not going to be to the child's detriment - happens all the time.

    Also I'm moving this thread out of the K1 process forum as it is not a K1 issue.

    Tracy, I think you need to be clearer with your first statement. You can enter on a tourist visa IF you did not get it with the intent of adjusting status, or to find a spouse to get you to stay, basically. In this case it is clear that it is not applicable, because the spouse would be getting the tourist visa just to move there. It would be different if she had the tourist visa prior to marriage.

    Otherwise, concurrent filing of I-130 and AOS would not be an option, I think.

  6. I wonder who they are overrun by. Hint: California wastes $1 billion annually on the illegal version let alone the legal version.

    Those must be the few million that didn't make it to NASA.. ;)

    The irony is that you think you are being smart... Hint: You are not.

    What did the US ever do to Australia to get you thrown this way???? Speaking about waste: Air for starters; space, which may be a lot based on the article posted before, not for sure though; and the time of the people that are subjected to your logic.

    Wait, based on our previous conclusions regarding the big wall of ####### in the other thread, it does not surprise me anymore that you want to go defend the border... Hey, you may be a big help down in AZ after all!

    PS - Why go to a big fat planet in outer space when you can take a trip down under, and see them roaming around?

  7. by Michael Kiefer and Michael Ferraresi -

    The Arizona Republic

    The Maricopa County Attorney's Office has alleged that the May 6 fatal shooting of a Mexican-American man in south Phoenix by a neighbor shouting racial epithets was a hate crime.

    The allegation was filed June 9 as one of six aggravating factors that the office raised in the case of Gary Thomas Kelley. Aggravating factors allow judges to enhance prison sentences in the event of a conviction.

    Kelley, 50, is charged with second-degree murder in the killing of Juan Varela, 44. He also is accused of menacing Varela's brother Antonio with a gun.

    According to initial police reports, Kelley shouted, "Hurry up and go back to Mexico or you're gonna die." Varela, in fact, was a third-generation, native-born U.S. citizen.

    Maricopa County Attorney Rick Romley said Thursday that the decision to add hate crime as an aggravating factor came when those statements were corroborated.

    "Aggravating factors" are allegations that allow a judge to impose a harsher sentence once a defendant is convicted.

    Second-degree murder carries a presumptive or average sentence of 16 years in prison. If prosecutors can prove the aggravating factors, a judge would be able to impose a sentence as long as 22 years.

    The County Attorney's Office also listed as possible aggravators that the offense involved the use of a gun; that it caused physical, emotional or financial harm to the victim's family; that there were multiple victims; and that the defendant left the scene of the crime and did not seek help for the victims.

    Police, however, in May hesitated to characterize the shooting as a hate crime, much to the dismay of the Varela family.

    The family claimed Phoenix Public Safety Manager Jack Harris visited their home the day of the tragedy to encourage them not to raise questions about a potentially anti-Hispanic slaying as the Valley faced protests and boycotts over SB 1070, the new state immigration law.

    Phoenix police declined to comment Thursday, deferring to the County Attorney's Office. Department spokesmen said Harris never went to personally meet the Varela family.

    Investigators say that Varela was watering a tree in his front yard when Kelley confronted him, pointed a snub-nosed revolver at his face, and fatally wounded him with a single shot to the neck.

    Kelley, an unemployed golf-cart repairman and greens supervisor, lived in the Varelas' neighborhood for eight years.

    Police initially characterized the shooting as the result of a drunken or long-standing dispute between neighbors. Detectives said they arrested Kelley with a beer in his hand in the neighborhood near Southern and Seventh avenues.

    Read more: http://www.azcentral...l#ixzz0rDjlREW7

    What an idiot, at least verify who you are killing before playing the hero... Again, give a gun to a primate, watch the bodies drop.

  8. Fixed :thumbs:

    And the law even provides punishment for those haywire cops like your dad in law.

    Whn did I say my dad in law was like that? Seeing it, ain't doing it. Don't assume...

    Dont get me wrong, I'm hardly one for giving more power to the authorities, but its pretty hard to deport someone who HAS the proper documents.

    Wow... as you were.

  9. So by working with Federal authorities to determine legal status of someone in a legal manner is idiotic? :rolleyes:

    That koolaid must be really good... You think that a hateful little ####### working for a PD (:o They exist, sources: my dad in law, former cop) will only stop to investigate when an individual commits a crime? They will act like the CBP on steroids, just watch and see. It may be effective to deport a few people, but while they are checking backgrounds, the real criminals will have a blast. You know that a Sheriff Dept. already claims they are being overrun? Wonder how those wussies are gonna deal with that at the same time.

  10. So protecting our borders and our a state makes people an idiot? Wow... just wow.

    I'm talking about the illegal immigrant garbage in this nation being a matter of our national security in not knowing who they are.

    Clinton is a big B for daring to criticize a state to another country and should be removed from office for such comments. Of course I forget. Libtards support USA bashing to other nations. It makes them feel special inside.

    Uh, so far you have been the only one calling attempts to destroy Liberty in this forum as far as I'm aware of...

    No, wanting protecting borders does not make them idiots, their measures to accomplish that, do.

  11. Xenophobic attitudes? Get real...

    It's not just about illegal immigrants, it's also about national security. You've got to know who the hell is in your nation.

    Uh, it's not even news worthy to say that the hack that runs the show in Arizona is an idiot, everyone knows that. I don't see how stating the obvious violates national security...

    It's really funny how everyone wants to gain political power by enforcing immigration laws. What these idiots fail to see is that the Constitution rules on top of them, and they CANNOT get out of that. Meaning, a state's jurisdiction cannot jump the Fed counterpart, even if the Fed's system is not working.

  12. No, it's not a chronic problem as it is here. The country is not exactly renowned for ghettos.

    Ghettos have squat to do with this. It's the mindset of some people here that think they are better than the hard working folk, and all they have to do is put out their hand so Uncle Sam can give 'em some money. This doesn't happen in Mexico either, it's work or starve... Usually the people that are about to starve look for other ways to get resources, yes, illegal immigration is unfortunately one of them.

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