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lvriesling

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Posts posted by lvriesling

  1. Nothing forces you to divorce. That said, I hope you understand that right now you are married. It being "registered" in Pennsylvania or not has nothing to do with it. Married is married, period.

    Your marriage in Costa Rica is almost certainly recognized as legal by not only PA but every other US state. If you remarry in the US you would almost certainly be committing a crime (bigamy) and could be prosecuted accordingly. In addition, the longer you stay married, the harder the divorce process becomes. I strongly recommend that you file for divorce instantly.

  2. Despite VeraVimes' rather unhelpful refusal to provide a meaningful answer to my question (for a US-Netherlands marriage, why choose to immigrate to USA rather than to Netherlands, which many think is actually a better country?), I have located some very relevant and useful information here:

    http://www.expatica.com/nl/visas-and-permits/How-to-get-Dutch-citizenship_107817.html

    which explains that the US process is faster / easier since NL may require 15 years of residency first or proof of a very meaningful knowledge of Dutch (way beyond the rudimentary knowledge of the most basic English needed for US), and since NL will not accept dual citizenship (so it would be necessary to renounce all other citizenships in order to become a citizen of The Netherlands), whereas the US really doesn't care how many other citizenships you have.

  3. Completed naturalization today in Fort Lauderdale, Florida (in a judicial ceremony due to name change)! Here's how it went:

    Had to show up at Federal Courthouse by 11:30. Although there is a sign at the entrance to the Courthouse saying that cell phones, etc. are prohibited, for the judicial naturalization ceremony they forget all about that and let people bring in cell phones, cameras, whatever they want. Went through security, then to the Juror Waiting Room to check in. Room is divided by a center aisle into left and right sides. People who are naturalizing have to sit on the left side, from left to right and then front to back (so Row 1 fills up (front row), then Row 2, etc.), in order of arrival. People who are guests have to sit on the right side, anywhere they want. For about an hour, everyone just sits there waiting. About half the population was either talking, playing games, or otherwise entertaining themselves with their cell phones. Then a USCIS person comes around and collects the green cards and appointment letters, in order of arrival. Another hour of waiting. Then a Courtroom worker asks for volunteers who would like to tell their stories of how they came from their countries to become citizens. Finally, the people who are naturalizing walk in single file out of the Juror Waiting Room, in order of arrival, and proceed to the Courtroom where they are seated on the left side of the Courtroom in order of arrival (from left to right and then front to back). Then the guests file out of the room in no particular order and proceed to the Courtroom, where they are seated on the right side of the Courtroom in order of arrival (from right to left and then front to back). The judge comes in and starts talking. Three veterans march in with a big flag. USCIS reads a legal motion to change the names of 65 people. Judge grants the motion. USCIS reads a legal motion to grant naturalization to 65 people from 25 countries, effective after they take the Oath of Allegiance. Judge grants the motion. The people who are naturalizing stand up and do the Oath Of Allegiance. The judge calls up the people who volunteered to tell their stories (four people). Judge then asks if there is anyone else who wants to tell their story (one more person). One of the five was from Mexico and he spent most of his time denouncing the recent racist statements of Donald Trump. Then a local Congressman gave a speech, and finally a member of the Federal Bar Association gave a speech. Judge does the "Pledge Of Allegiance". Then a volunteer singer performed "The Star Spangled Banner". Judge talks some more and eventually adjourns the ceremony. The newly naturalized citizens walk in single file out of the Courtroom, in order, back to the Juror Waiting Room. Then the guests walk in single file out of the Courtroom, in order, back to the Juror Waiting Room. The judge has provided cake, granola bars, cookies, and soft drinks for everyone in the Juror Waiting Room, so everyone grabs some food. By this time it is around 2 PM. At this point, I ask to take pictures of the legal motions that the USCIS person read out loud in open court (which many people captured as live video using their cell phones inside the Courtroom). The USCIS person says she doesn't know and refers me to her supervisor. Supervisor says I can't photograph the motions because they might contain confidential information. I laughed out loud and asked her if she understood that federal court motions were public documents (you can access them over the internet via PACER, etc.). This is of course in addition to the fact that USCIS just got through reading the text of the whole thing in open court while people videotaped it on their cell phones. Supervisor again denied my request and said I could file a FOIA (Freedom Of Information Act) request (which typically takes months to get a response). Departed the courthouse, totally amazed at the extreme cluelessness of USCIS staff! :(

  4. I have been very fortunate so far, which I'm sure is because I came from a "trustworthy" European country. I always tell people how biased USCIS is re: one's country of origin - they're always so surprised at how hard it is to move here and how many hoops we have to jump through.

    I always just assumed I had to go through the US immigration system to move here as a fiancée. I didn't even think to look at any other routes. I wasn't eligible to use employment to immigrate, and my only motivation was to be with my husband. I don't know how the IND could have helped me. But my journey so far has been extremely smooth, so I can't complain about this current hiccup. Fingers crossed they're just taking their time about it. Processing time now shows them working on September 19, so it's edging nearer!

    It seems that you did not understand my question.

    The IND is the Immigration and Naturalization Service of the Netherlands at: https://www.ind.nl/EN/

    Since many people think the Netherlands is actually a better country, what are your reasons for deciding to immigrate to the United States rather than having your spouse immigrate to the Netherlands?

  5. As you noted, not having the letter notarized was a major mistake. However, even if you had, you still have an even bigger problem:

    a) The record reflects that you have a child who lives overseas with your ex-husband. You stated that you sometimes send money when someone goes there but not regularly. You stated that your ex-husband takes care of her so you do not need to send any money.

    b) Unless you establish extenuating circumstances, you will be found to lack good moral character if during the statutory period. you willfully failed or refused to support your dependents. See INA 316(aX3) and l0l(f) and Title 8, Code of Federal Regulations (8 CFR), section 3 16.l0(bX3)(i), and 316.2.

    c) https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter5.html#S-K

    K. Failure to Support Dependents​

    An applicant who willfully failed or refused to support his or her dependents during the statutory period cannot establish GMC [Good Moral Character] unless the applicant establishes extenuating circumstances.​ [33] The GMC determination ​for failure to support dependents ​includes consideration of whether the applicant has complied with his or her child support obligations abroad in cases where it is relevant.​ [34]

    Even if there is no court-ordered child support, the courts have concluded that ​parents have a moral and legal obligation to provide support for their minor children, and a willful failure to provide such support demonstrates that the individual lacks​ GMC​.​ [35]

    An applicant who fails to support dependents may lack GMC if he or she:​

    Deserts a minor child;​ [36]

    Fails to pay any support;​ [37] or​

    Obviously pays an insufficient amount.​ [38]

    35. [^]

    See ​Brukiewicz​ v. ​Savoretti​, ​211 F.2d 541​ (5th Cir. 1954). See ​Petition of ​Perdiak​, 162 F. Supp. 76 (S.D. Cal. 1958). See ​Petition of ​Dobric​, 189 F. Supp. 638 (D. Minn. 1960). See ​In re ​Malaszenko​, 204 F. Supp. 744 (D.N.J. 1962) (and cases cited). See ​Petition of ​Dobric​, 189 F. Supp. 638 (D. Minn. 1960). See ​In re ​Huymaier​, 345 F. Supp. 339 (E.D. Pa. 1972). See ​In re ​Valad​, 465 F. Supp. 120 (E.D. Va. 1979). ​

    38. [^]

    See ​In re Halas​, 274 F. Supp. 604 (E.D. Pa. 1967). See ​Petition of ​Dobric​, 189 F. Supp. 638 (D. Minn. 1960).​

    d) http://www.leagle.com/decision/1960827189FSupp638_1717/IN RE DOBRIC'S PETITION FOR NATURALIZATION

    Petitioner, a refugee from Yugoslavia, while in a refugee camp in Italy in 1948, married an Italian citizen in Ancona, Italy. The maiden name of the Italian wife was Eleanora Montesi. Two children, Maria Angela and Manuela, were born to petitioner and his wife, Eleanora Montesi Dobric, Maria Angela in 1949, and Manuela in 1951. At the time of and during this marriage, petitioner claims he lived in the refugee camp in Napoli, Italy, and his wife, Eleanora, lived in the Montesi parental home.

    Petitioner decided to emigrate to the United States in 1949. He claims his wife Eleanora refused to accompany him because "* * * [she was] not allowed to come to the United States. * * *. She wanted to live at home with her mother", according to the comment of petitioner.

    Petitioner contends his wife Eleanora consented to his leaving, but refused to permit him to take their children with him, as they were both infants born in 1949 and 1951. He came "to the United States as an immigrant in February, 1952."

    Following his arrival in the United States petitioner visited in Chicago for a short time and then proceeded to Hibbing, Minnesota, where he began employment with the Mahoning Ore and Steel Company. Petitioner has been regularly employed with this company from 1952 to the present time.

    On January 27, 1954, petitioner was divorced from his first wife by the Superior Court of Cook County at Chicago, Illinois. In November of 1956, he married one Olga Tintar at Chisholm, Minnesota.

    On July 15, 1957, petitioner filed his petition for naturalization with this Court, and on August 30, 1957, a preliminary examination was conducted by Examiner Paul Maki. The petitioner was asked in this examination whether he has fulfilled his duty of supporting his minor children in Italy. He was questioned by the Examiner under oath and said his earnings in the United States produced an approximate annual income of "around $3,000.00." That prior to his second marriage he would send money to Italy for the support of his minor children. This would consist of cash from time to time in amounts of two to ten dollars. He went on to say, "The Italian Consul wrote to me [from Chicago]. He said he had received a letter from my wife in Italy and that she was asking for more support. [The last time I sent money to Italy for the support of the children was] in July, 1956."

    Questioned further by the government Examiner, his attitude towards family responsibility was concluded in this manner:

    Q. Do you intend to pay for the support of your children in the future until they are no longer minors?A. No, because my first wife says she can support them * *.

    The first wife came from a very good family. She had a very nice home in Italy. Petitioner knew her six or seven months before their marriage and visited in her parents' home.

    The government stayed naturalization pending investigation into the character and morality of the applicant.

    Naturalization is governed by Congressional Act.1 An applicant for citizenship has the burden of proving himself worthy. Does the record of the instant case support petitioner's burden of proof?

    The record is convincing that petitioner, as the father of two infants, evaded his solemn obligation adequately to support and care for them. ... The petition is denied.

    Your case appears to be identical to the Dobric case.

    Therefore, you should consult an immigration lawyer IMMEDIATELY.

  6. This sounds very similar to what happened to me, though my officer gave me the letter and deadline at the interview. I sent everything in within a week and haven't heard a peep since - more than three months ago now. I'm so sorry they denied you, hopefully there will be some way for you to appeal. Do let us know what the letter says when it comes. I may be following you down that path before long...

    I see that you are coming from The Netherlands, which many people think is actually a better country. May I ask why you decided to go with USCIS rather than with IND?

  7. It seems the officer asked for everything that we had submitted before plus more proof of our marriage. Also wanted last 3 years of tax script for my wife. My wife landed in here at the end of 2011 and did not start work until 2013. She told the officer about that too but again in the letter she asked for the same, I am not sure why. Besides that, our bank and credit card statements for the past 3 years and any other document showing our names with the same mailing address. I also got 3 of my close friends to write an affidavit knowing us and our marriage. Also sent more pictures of us just together and some with family. We were so sure we have sent all the required documents, but I guess you can never tell until you hear from them.

    Normally if one spouse is not working then the tax return is filed jointly because the tax is way lower that way. So you would need to send in the tax transcripts for the jointly filed returns during those years. Then if you switched to filing separately afterward, just the transcripts for the separate filings.

  8. Really no idea. After wife initial interview, she got the letter stating the officer could not determine her eligibility and she might get letter in the mail asking for more info. She got the letter and responded before due date. Now after waiting almost 3 months she gets the denied msg. Now just waiting for the letter in the mail to see the reason for it.

    What information was the N-14 letter asking for?

  9. N-400 Interview 5/3/16 @ Oakland Park FL. Arrived early,but interview actually started 70 minutes after my scheduled appointment time.

    Interviewer spent a lot of time on the topic of my two first name changes. Then asked about income taxes (5 minutes). Then more discussion of name changes, and I got RFE'd (N-14) for documentation of a first name change that was done by my parents during childhood (I was about 1 year old at the time).

    Interviewer asked for green card, reviewed N-400, asked questions from N-400, returned to the name change / N-14 topic, then abruptly started the Civics test.

    Civics questions (as numbered in the USCIS Civics Questions Guide) were:

    1) What is one promise you make when you become a United States citizen? (#53)

    2) Who is the Governor of your state now? (#43)

    3) Where is the Statue of Liberty? (#95)

    4) What movement tried to end racial discrimination? (#84)

    5) Who was the first President? (#70)

    6) Name two national U.S. holidays. (#100)

    Reading test was to read "When is Columbus Day?"

    Writing test was to write "Washington is the capital"

    All questions were answered correctly.

    Interviewer had me sign my N-400 and 2 more papers.

    Interviewer asked if I had any questions. Discussed N-14 response procedure and then what happens next.

    Total time taken by interview was one hour (!!).

    Got N-14 dated 5/4/16 in the mail on Friday 5/6/16.

    Physically delivered the documentation of early name change requested by N-14 to Oakland Park office on Monday 5/9/16.

    Now waiting for USCIS to process the N-14 documentation. Tick tock, tick tock...

  10. That's OK, I had already read that! I also tested it out on my own VJ profile timeline with different dates a couple of days back and it worked out fine!

    Your info has been updated to reflect the correct sent date!

    Apparently your "different dates" didn't actually test the relevant part of the VJ Timeline system. Here is the error message:

    toplogo.gif

    WARNING: There appears to be a mistake in your form!

    One of the dates or entries you entered seems to be incorrect. Here are a few common reasons why:

    ball.gif Some dates may be entered incorrectly or out of order (ex: An NOA2 date before and NOA1 date).

    ball.gif Time between when a petition (ex: I-129F) was mailed to the USCIS and the NOA1 (Notice of Receipt) may be too long. NOA1s (the date on the form itself) should be within four weeks (max) of the date you originally sent the form to the USCIS.

    Click the button below to return to the previous screen to fix the problem (problems will highlighted in red).

  11. How long did it take for you to receive NOA after you sent your N-400 form? I sent mine 2 weeks ago and still no word from USCIS. Please let me know how your Bio goes tomorrow. Thanks.

    Look at my signature file - it contains completely accurate information. Doing biometrics at Oakland Park was a breeze. As long as you arrive on time with your Biometrics appointment letter and your green card, and assuming you make it past the airport-type metal detector security, there's nothing to worry about.

  12. osune22, on 21 Dec 2015 - 11:08 AM, said:

    Kash2011,

    Little discrepancy regarding lvriesling's N-400 sent date. is it Oct 03 or Oct. 23? thanks

    They filed or sent their application on 10/23! Thanks!

    http://www.visajourney.com/timeline/profile.php?id=92659

    That's incorrect; our actual filing date was October 03 and that accurate date is correctly noted in the "member signature" file.

    The NOA arrived more than a month later, on 11/16, with a receipt date of 11/06. When I tried to put this NOA receipt date into VJ's Timeline system, it refused to accept it because it had been (incorrectly) programmed to enforce an imagined rule that nobody could possibly get a NOA receipt date more than a month later. So in order to get the Timeline to accept the actual NOA receipt date of 11/06, I just added 20 days to the "sent" date, which made the time difference less than a month and thus acceptable to VJ's delusional Timeline programming.

    We did Biometrics this morning. Arrived at 7:50 for an 8:00 appointment, back in the car by 8:30. No problems, quick & easy.

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