Operator

On 6/26/2018 at 12:05 AM, Carcharodont said:

So update:

 

We are ineligible for a k1 visa due to additional administrative processing needed.  It isn't an outright refusal, but they said processing could take a few weeks to a couple months.  Who can I contact to expedite this because this is ridiculous?   Our medical has a limited validity period and we don't want to have a third medical with a third culture test.  We fulfilled all the requirements,  and the only thing either of us can think of is the emphasis on her graduate degree in general biology.   

It's been several years since we were in this spot but as I remember most everyone has some AP prior to the visa being approved/issued.  Hard to ask for an expedite when her interview was just this week.  Was she given any paperwork after the interview?  Make sure you get a look at it.

I remember once the printer that GUZ used to print visas went down and people were jumping off buildings.  Take a breath.

2 hours ago, Cyberfx1024 said:

 

I may not like her policies at all but you can tell she legitimately believes in them, and that is one thing I give her props for and it does inspire me and gives me courage. Just last year she was making drinks at a bar and now she is set to be a Congresswoman..... Only in America.

...and she's hot.

2 hours ago, GreatDane said:

I think you're right. It looks like two years and one day, but you can't do the 90 days early. I also saw some posts where immigration officers hadn't heard of the rule and rejected the case.

It's as clear as mud.

Since there isn't any urgency and to avoid unnecessary heartache she'll probably just wait until November 2019 and apply.

Thanks for your input.

3 minutes ago, GreatDane said:

If you read the entirety, this exemption only applies to spouses of military personnel. If she was your spouse and you were actively in the armed services, this exemption applies. Otherwise, it's a full 3 years.

For military spouses time abroad still counts as residency so and exemption wouldn't be required.  So I'm not sure if you are correct.

(6)Spouse of military personnel. Pursuant to section 319(e) of the Act, any period of time the spouse of a United States citizen resides abroad will be treated as residence in any State or district of the United States for purposes of naturalization under section 316(a) or 319(a) of the Act if, during the period of time abroad, the applicant establishes that he or she was:

(i) The spouse of a member of the Armed Forces;

(ii) Authorized to accompany and reside abroad with that member of the Armed Forces pursuant to the member's official orders; and

(iii) Accompanying and residing abroad with that member of the Armed Forces in marital union in accordance with 8 CFR 319.1(b).

Even Mrs. Pelosi calls her left of left. 

Just now, TBoneTX said:

Operator's back!

Like a bad penny.

The existence of pure socialism would mean there is no voting public.

Pure socialism and pure democracy could not coexist.

18 hours ago, GreatDane said:

No, she doesn't have continuous residence in the US and has to start over. She'll need three years of continuous residency. After she left for China for such an extended period, the period before no longer counts for continuous residency. She was just a few months shy of continuous residency when she left. I believe she'd be eligible in 11/2019, but be able to apply 90 days prior so 8/2019.

Thanks for your input.

This is from CFR 8 316.5

" (ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with §316.5(d), absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under §316.2 (a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence."

My understanding is there are two separate requirements, physical presence and continuous residence.  For those that only require 3 years of continuous residence only require 18 months of physical presence versus 30 months for those who require 5 years of continuous residence.

The interrelation being that if she has met the 18 months of physical presence then she would be eligible to file 2 years and 1 day following her return to the US and resuming permanent residence.

The USCIS policy manual calls it "eligibility after break in residence" but what I think you are saying is that there must be 3 years of continuous residency regardless of the other requirements.  If that is the case what is the above section referring to?

Like everything else it's not so straight forward.

My wife received her conditional greencard 9/2012 and her unconditional greencard 1/2015.

From 2/2015 to 11/2016 she was outside of the US.  

My understanding is that since she qualifies under 319(a) as the spouse of a US citizen she would be eligible to apply 2 years and 1 day after we returned.

Am I missing any other requirements related to the physical presence requirements?

Bump.

Can someone chime in on this please?  I've got some similar questions but before starting a new thread I hope we can get an answer to this member's questions.

Crazy dude no less...

Oh and we had our first ultrasound. One healthy little 7 week old embryo with a strong heartbeat. Yay!

Woo Hoo!!!

Congratulations! Size of a blueberry and still has a tail. My son still has his tail after 7 months on the outside.

My first year of taxes living in a foreign country is nutz.

We ended up over contributing to my wife's roth ira because our taxable income was less than 11,000.......

...but I was able to write off 92,000 in foreign earned income...smiley face!

Can't you get waterproof diapers? What would you want to cover them?

Whats cuter than a baby in a speedo?

Hey, Operator! You guys back in the States yet?

Not yet, probably August/September. We decided on Denver...because of course that's the home of the world champion Broncos. We were so close on San Francisco but in the end it was the cost of living that killed it since my wife want's to wait a while before going back to work. My sister is in Denver and I've been skiing since I was wog so it seems like a good fit...plus the weed and all...

Just signed the letter of intent and looks like the purchase agreement on the business is in the final draft. I'm super excited about it!

As we all are. We were told repeatedly and very adamantly that they were living in a state of Utopia.

I thought they lived in Vermont???

He has a little outfit that looks like he is ready to go to baby ashram, actually! Maybe he does have a future as a baba.

Just moved him to 3 months clothes, though they are still a little big. Newborn clothes started to get a little hard to put on.

Hi Harpa welcome back!

Our almost 5 month old just went into 6-9 month clothes that are long in the leg and tight in the middle....built like his dad I guess!

We're going to Thailand in a couple of weeks and I'm looking for a speedo that will fit over his diaper, any ideas where to pick one up? Teddy?

Getting a visa is such a hassle...I'm going back to the couch.

I just want to understand this sir, every time a rug is micturated upon in this fair city, I have to compensate the person?

Has anyone seen Operator? He hasn't been around in a while.

The estimated carbon footprint to fly all 438 cast, crew and production folks to each of the three locations is 469.6 tons. That's just the air travel...just the air travel.

Leo is the worst kind of douche nozzle...but it was a good film.

I hate to say it but the fact that he is a former Marine doesn't have much to do with it other than it gets some press. They didn't attack him because he's a leather neck. This type of thing happens far too often in too many cities to too many people.

Here's the video:

http://www.marinecorpstimes.com/story/military/2016/02/18/dc-police-release-video-assault-decorated-marine-vet/80556684/

...and here's what Sgt. Marquez has to say about it.

http://www.marinecorpstimes.com/story/military/2016/02/18/decorated-marine-vet-attacked-dc-mcdonalds-stop-racism/80579940/

“Even though this was a racially motivated attack, more violence or hate is not the answer,” Marquez said Thursday in an email to Marine Corps Times. “These people want to create more racism and division in our country because it serves their narrative. The best way to counter this cowardly movement is to be united and not divided."

I'll add another to the list of MIA comrades: Jacque. She's in here giving people +1s but she will not deign to comment. :'(

I thought about her a few weeks back. I got stuck overnight at Narita and was wondering if there was a good place to get sashimi in the area. Instead I settled on the hotel buffet and spent the night hugging the high-tech toilet in my hotel room, thanks to Jacque and the Hotel Nikko Narita.

We really need a forum phone directory to avoid these types of problems.

That's mighty uppity of you.

Racist!

Like Jesus Christ?

I remember you. You was an icon, man. You was the kinda vjman little vjboys wanted to be when they grew up. People looked up to you. They feared you. Most importantly, they respected you. Here on the vjstreet, respect is a commodity and you had it, man. You had it.

Until you left. Then they forgot you. Dumped your memory like a hot Chinese brick. Don't ask me why the brick is Chinese, okay? It just is. It just is. It's Chinese because we don't make bricks anymore. We forgot how. We don't win anymore. We're a nation of losers. Losers. It's pathetic. But back to you. You're like a brick. I dig that about you, man.

Damn right I am!

Thanks AJ!