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Nijabound

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  1. Let us understand the background of this case. This man came on K1 Visa and married the petitioner within 90 days and the Petitioner and the beneficiary applied together for the change of status to permanent residence but on the process of AOS, both of them have misunderstanding and the petitioner decided to withdraw the Affidavit of Support, when the beneficiary found out both got divorce. The questions here becomes whether the withdrawal of the Affidavit of support from the petitioner made him ineligible to apply for the Adjustment of Status. The answer is no. The Laws only permits K1 visa applicant who married their spouse with 90 days of arriving in the US is eligible for Adjustment of Status irrespective of Affidavit of support from the petitioner after wedding or withdrawal of the petition.The law only states for the K1 visa applicants are eligible after marriage to the petitioner who petitioned for them. If petitioner refuses to support him file the AOS, he is still eligible for Adjustment of Status as long as he had married the petitioner on the basis of that case based on Law and it was in good faith. It is left for DHS to review and evaluate the petition before making a determination on that case. Please stop misleading the applicants that needs help. The beneciary is completely eligible in such cases. If he had arrived on B2 Visitors visa or anyother type of visa and married the petitioner in the US,thats when he will not be eligible to adjust status in such situation if the petitioner decided to withdraw the Affidvait of support. Please stop misleading applicants that needs help in such situation. The intent of couple before and after the wedding is essential when evaluating such cases even after 90days of wedding on K1 visa cases before divorce. If a K1 visa applicant can get divorce and still applied for Ajustment of Status, he is eligible based on law, it is left for USCIS to make a final determination on such cases.

  2. It is quite unfortunate that i could not paste this information on this site because they wont allow me. Please go to google and type Choin vs Mukasey case on K1 visa . In her case she got divorce when his AOS is still pending and DHS denied her case because of the divorce and the case was later remanded to DHS by BIA to adjudicate her case on merit of a good faith Marriage.

  3. Hi Everyone,

    I came across this site by chance and I have been reading several posts. Some good, some bad. I am writing because I am in a predicament and will appreciate any help/advice I can get now so I can know what to do.

    I came to the US on a K1 visa in 2009 and got married to my wife who is a US citizen within 30 days. We applied for the I-765 & I-485. My I-765 was approved in a few months and my AOS was pending. We stayed in a small city in MI and started building our lives together. It was difficult adjusting to the weather and finding a job. I discovered my wife had an anger problem, she screamed, shouted and threw things at me. I stayed because I believe we could work things out.

    To cut the long story short, my wife with-drew the AOS petition without my knowledge in late 2011. When I re-applied to renew my EAD, it was denied because she with-drew the petition. I loved my wife, took care of her and did everything to make her happy. I asked her why she with-drew it and she said that she was angry at me one time and wasn't thinking straight. I felt so hurt and disappointed. At the moment, we are getting a divorce because it has broken the trust in our relationship.

    I am writing to ask what my options are: I confirmed from the immigration and the petition was withdrawn. I am not in removal proceedings but I want to be sure what my options are. I came in legally, got married, took care of my wife, paid my taxes and have done everything right until this. I will appreciate any advice at this point. Thanks

    Despite the divorce, he is still entitle to apply for the Adjustment of Status on his own since he came on K1 visa. I disagreed with the people that posted that he would not be entitled to adjust status. The case of Choin and Mukasey is an eye opener for every applicant that came on K1 Visa. Please view this site and look for an immigration Attorney that will work with you through out the entire process. http://www.visapro.com/Immigration-Articles/?a=1169&z=36. Please before you post anything as an advice to any applicant that needs help, always search for the recent immigration amendments in such cases to avoid misleading the applicant. US Immigration Laws is changing everyday, If he can demostrate that he enters the marriage in good faith, his permanent residence is certain without any hinderance.

  4. hello,my husband and I have been married since April 2010 and I have been to Nigeria 6 times and he has had two interviews,both of which I was there.We are 6 years apart in age(I am older)and have provided my sponsor documents and a co sponsor which both of us make well over the poverty level,all the documentation of our relationship including pictures,emails,phone records,itinerary,letters from both sides even a letter offering my husband a job when he gets here..Anyway,we are now in AP and I have contacted my Congressman's office to see what is going on since we have been in AP since Oct 2011 and have received no word.She was just able last week to find out that we have potential fraud indicators,which are: 1.I was still legally married when my (now)husband and I met.(although we were living in seperate states)2.My husband had applied for a visitors visa back in 2007 before we met and was denied 3.When he went to that interview he allowed a "immigrant consultant" help him with his forms which the man sent in FOR HIM,in which the man lied and said my husband was married and would definately return to Nigeria.(this was obviously not true,but the man assured him they would grant him a visa but never told MY HUSBAND what he had wrote and sent in on his behalf)So,when they asked my husband if he was married(2007) he said no,and of course that did not coincide with what the man had put on the petition that he sent in for him.(HUGE PROBLEM)

    Now,we have to try and figure out how to convince the CO that my husband is a good and HONEST man and that he made a mistake in allowing someone else to fill the form for him and that he is truly sorry.

    Has anyone ever had to go through AP with any fraud-type issues and if so what was the outcome and how did you convince them that you are not a liar and that it was a mistake??Please Help!!!!

    Thank you for your replies in advance.

    Kingwife, It is quite unfortunate that you are dealing with the US Consulate in Nigeria that will be difficult to be convinced based on the evidence avaliable to them at the time of your Husband's visa adjudication process. First of all, the US Consulate will not believe that your Husband was not aware of the information written in the Visitors Visa application and went ahead to signed it. He can only be exonerated from the Misrepresentation if he did not sign the Visitors Visa application but rather be signed by the non Immigrant Consultant. If there is any proof of his signature on the Visitors Visa application in 2007 they will assume that he has prior knowledge of the information application before submitting it to Consulate and it will be an indication of fraud . It will be made known to the USCIS that initially approved the Immigrant visa petition that a new information was found which they were not aware of before making their decision for the initial approval. If the USCIS concurs with the consulate information to revoke the petition,then it may likely to be revoked and send the petitioner a letter of intent to revoke the petition. I dont pray that it happens but if it happens, i will advice you to higher an Immigration Attorney that knows about this kind of proces rather than going through your congressman. The only thing that will happened is that you will be asked to file a waiver of inadmissiblity on behalf of your Husband based on the material misrepresentation at the time of your Husband's visa interview to waive the mispresentation before the Visa will be issued to him . In the other hand, if he did not signed the Visitors application , it can be argued based on the information which he did not signed but rather signed by the Non immigrant consultant which he was not aware of and he did not know the information therein. when it has been established,the Consulate will has no choice but adjudicate your Husband's case based on the Bonafide of your relationship and visa will be issued to him. Note it is very important here -The US Consulate would like to hear consistence information in his immigrant visa interview. Please review and evaluate all statement in his application again and again,with other supporting documentation when they call him again for an interview after their Admin processing.

  5. It depends on the University he attended in Nigeria, If i may ask, which University in Nigeria did he graduated from? If he had graduated from the University of Nigeria Nsukka (UNN), I will advice him on what he needs to do to get his transcripts sent to him within two weeks according to their websites in obtaining Transcript. I dont know the mode of operation of other Universities in Nigeria in requesting for Universities transcripts. He can ask any of his or her relation to assist him handle that situation since he is presently here in the US. For more information,School Transcripts are sent directly from the School to the Non profit Organisation specializing in Foreign Credential Evaluation in the US e.g WES - World Education Service and many others. Schools in the US do not evaluate foreign transcripts credential. So it depends on the choice of Universities and colleges he wants go in the US. They will be in better position to advice him on what he needs to do to get his credential evaluated and send to them via Non profit Organization of their choice. I am advicing him to ask his school in Nigeria to send a student copy to him directly to his address in the US and another official school transcripts to the Non profit Organization the school in the US will direct him for verification and evaluation of his transcript.

    If you wish to know other things do not hesitate to contact me. Remain Blessed.

  6. Local Government Birth Certificate is more than sufficient if you were born from 1979 to 1991. If you were not born from that time, Please i advise you to get a non avaliability of your Birth Certificate from the local govt that suppose to issue it if it is not avaliable at the time of your birth in addition with two sworn affidavits from your uncle and your parents attesting the date,month and year of your birth.

    Birth Attestation is for those born within 1992 till date.NPC National Population Comission started issuing Birth Attestation from 1992 till date, you can obtain a true certified copy from the National Population in Nigeria either Lagos or Abuja if were born from 1992. Please go the US.Department of State manual for Nigeria Birth Certificate referal for further information about the acceptable documentation to avoid getting your case being denied. Note that whatever document submitted to the US Consulate in Lagos for an interview for visa approval will be also requested for your adjustment of Status when you arrive in the US for change of staus. Please i advise you to get a proper document to be consistent in this matter. Remember that any inconsistency found in or with your application will be denied and further application will also be denied.

  7. Local Government Birth Certificate is more than sufficient if you were born from 1979 to 1993. If you were not born from that time, Please i advise you to get a non avaliability of your Birth Certificate from the local govt that suppose to issue it if it is not avaliable at the time of your birth in addition with two sworn affidavits from your uncle and your parents attesting the date,month and year of your birth.

    Birth Attestation is for those born within 1992 till date. They can obtained a true certified copy from the National Population in Nigeria either Lagos or Abuja. Please go the US.Department of State manual for Nigeria Birth Certificate referal for further information about the acceptable documentation to avoid getting your case being denied. Note that whatever document submitted to the US Consulate in Lagos for an interview for visa approval will be also requested for your adjustment of Status when you arrive in the US for change of staus. Please i advise you to get a proper document to be consistent in this matter. Remember that any inconsistency found in or with your application will be denied and further application will also be denied.

  8. AAhhh okok. Yep there's a typo on your card. You need to make an infopass. Take the welcome letter to show the date on it. OR you can just file the I-90 to get a replacement card, make sure you send the welcome notice.

    Your card won't expire until 3/21/2013... your ACTUAL card (once it's fixed) that is. Your 90 day window opens in Jan 2013. Not for a LONG time.

    :time:

    Thanks for your advice, I found out that filing form I-90 for replacing new permanent residence card due to incorrect data error caused by the USCIS will require me to pay a filing fee of $485.00 which i dont have. What is another suggestion do i need to take to get this information across to them or will i file during the expiring date on my current card as 03/21/2012, Please advise

  9. Your card is VERY wrong. Your entry date on the K1 is irrelevant. The date you got your GC IS relevant. You have not completed your timeline so I can't offer specific help. What is the "resident since" date on the GC? When was your GC approved?

    You should be removing conditions 2 years from being an LPR. Assuming you got your GC in 3 months exactly from your date of entry (which is doubtful) then your "resident since" date would be October 2010 and your GC would expire October 2012.

    In other words YES your card is wrong and YES you need to make an INFOPASS.

    The ''resident since'' on the card is 03/21/2010 and to be expired on 03/21/2012 as it was stated in my GC. Where i am confused is that i came to the US on 07/21/2010 and filed for AOS on 09/27/2010 . The notice date of the welcome letter stated 03/21/2011.

  10. Please i would like someone here to advise me on what to do, The expiring date on my conditional permanent residence is 03/21/2012. But i came to the US on 07/21/2010 using K1 visa. I think the expiring date on my conditions should be 07/21/2012 instead of 03/21/2012, i just noticed it today. Do i need to notify USCIS about it, i dont know if it is an error from their side or is it correct. Should i file to removing the conditions based on 03/21/2012 as it was stated in my card ?.

    Your answers will be highly appreciated.

    Thanks

  11. Please i would like someone here to advise me on what to do, The expiring date on my conditional permanent residence is 03/21/2012. But i came to the US on 07/21/2010 using K1 visa. I think the expiring date on my conditions should be 07/12/2012 instead of 03/21/2012, i just noticed it today. Do i need to notify USCIS about it, i dont know if it is an error from their side or is it correct. Should i file to removing the conditions based on 03/21/2012 as it was stated in my card ?.

    Your answers will be highly appreciated.

    Thanks

  12. Wisjam,

    I am very sorry to hear what happened at the interview with the US Consulates. The consulate assumes that when you met in 1999 both of you were not in a committed relationship. Your committed relationship springs up in 2006 and later become in engaged in 2009. If i were you i will be interested to build a strong bonafide documentation that springs from 2006 till date to proof a bonafide relationship. I dont know if you have visited your fiancee after 1999, ie starting from 2006 when your relationship to marry become evident to you and both of you have spent a enough time together showing documentation as the supporting evidence till date

    I dont think your son who is 6 years old has anything to do with the bonafide of the relationship. It is out of the contest it is the reason for the denial, no one can concur with the consulates for such denial. As long as both of you are free to marry,having a son has no effect to marriage and it will not be a reason for denial.

    Another reason for a denial may be as result of your affidavit of support i-134 and your employment letters, Did you review the minimum and maximum requirements you need to meet in affidavit of support to know if you meet with the requirements of bring your fiancee since you have a son. I think the reason for the Consulates to take your i-134 affidavit of support and the supporting documents is to present that to USCIS as an evidence for their denial and to review it.

    If the Consulate has no evidence of denial and just presented a written documentation to convince USCIS to deny and revoke your case, you can contest for it and still get your case re-approved again since they dont have such evidence but they are just questioning your relationship.

    For me i dont know why the consulates should use 221g to return a case to USCIS for review and possible revocation instead of allowing you to supplement with an additional evidence to proof the bonafide of your relationship. OR in the case of the affidavit of support to allow you to get an additional person who is a US Citizens to assit you in the affidavit of support if you did not meet the requirments. The laws permits that and it is in the Memo sent to all the consulates.

    I will advice you to email the consulates and ask them for the entire reason for the return of my approved petition to USCIS for possible revocation, If it is something that can be amended, Please ask them to give you time to supplment the denial with an additional evidence to over come them,if it is based on the information i stated above. Tell the consulates that you are willing to co-operate with them to provide additional information to overturn the denial if necessary or required than to return it to Uscis for review and possible revocation.

    Hang in there

  13. In order to receive a K-1 visa, the applicant must show that he/she is free to marry. Is a person who has gone through the Nigeria Traditional Marriage Ceremony free to marry? Can this person go an marry another person in a civil marriage in Nigeria? If not, then this person is married.

    Jojo, You got it wrong, If i may ask you,Do USCIS that adjudicates K1 Visa petition follows Nigeria Traditional Marriage ceremony as a legal Marriage for approving K1 Visa petition?. If the USCIS knew about the Traditional Marriage and approves the K1 visa petition, the Consulate cannot use it deny the an applicants a visa, Is there any place you can find in USCIS laws that Nigeria Traditional Marriage is a requirement for approving K1 visa. USCIS Laws states that for Marriage to be legal, there must a marriage certificate that is registered with the body responsible for it.

    As long as both of them have not performed the legal Marriage acceptable by USCIS, thats means that both of them are free to marry when the applicant got to USCIS using K1 Fiancee Visa. Please Nigeria Traditional Marriage ceremony is not a requirement for approving K1 visa and it is not a valid Marriage for USCIS.

  14. Nigeria Traditional Marriage Ceremony is not a legal Marriage for USCIS immigration purposes neither is it a requirment for approving K1 Fiancee Visa by the USCIS.I do not see any reasons why the Consulars officers will use that to deny an applicant a K1 Fiancee visa because he or she did a traditional marriage ceremony. Nigeria Traditional Marriage ceremoney is not accepted as a valid Marriage for USCIS since there is no record of proceedings to show that it is legal marriage.

    Based on these information, a K1 applicants who did a Traditional Marriage ceremony is eligble for a K1 Visa approval since they have not yet married and traditional Marriage is not recognise by the USCIS. It is obiviously that they cannot use Traditional Marriage ceremony to change status in the US. They must perform a legal marriage accepted by USCIS with an issuance of Marriage certificate when both of the couple resides in the US.

  15. There is no problem with the expiring date of the petition, It can be renewed on the date of your interview by the Consular officer. It seems like you and your fiancee met in Turkey when you were residing in Turkey and for that reasons you gave them the Turkey address in your petition. Obviously USCIS did not send it to the wrong Consulate, It is becuase of the address you gave to them. Please if i may ask, do you have residence in Turkey or do you just visited Turkey and your fiancee came there to meet you.

    Now you have requested for a transfer of your case to Lagos Post for an interview. Please be ready to answer the consular why both of you decided to meet in Turkey. If you have residence there, prepare to show them documentation that you were living in Turkey at that time. if he has visted you in Nigeria thats settles everything. I am just reviewing your information based on your questions to enable you address this issues.

    I wish you all the best . Good luck

  16. I will advice you to obtain a Birth Certificate from your local Govt depending on the time you were born in Nigeria. If you were born after 1979 obtained a certify true copy of your birth certificate from the local Govt you were born at that time. If you were born before 1979 obtain a non-avaliablity of the Birth Certificate from your Local Govt at that time with an affidavit from your parents as a supporting documents from the court.

    US Embassy in Lagos can collect Birth Attestation from the National Population Commission OR a Sworn Affidvait from the Court in Nigeria, if you were born from 1992 till date. But if not, please do obtain a copy from Local Govt based on the information stated above. With USCIS, it is a different ball game. It will help you when you will arrive in the US and you want to commence change of Status to permanent residence. I am talking out of experience. Please do follow this advice and get done so that you wont have any problem with USCIS. US Embassy and USCIS operates in a different way. USCIS adjudicate cases on petition approval while US Consulates checks for completeness of the cases to take decisions for Visa issuances.

    Your change of status matters when you arrive in the US to start a new life. At times USCIS can frustrate and give alien problems if their documents are not properly obtained from the appropriate body responsible for it for Adjustment of Status petition, Please be wise and read the Department of State manual information on Birth Certificate from Nigeria to know what to obtain and follow their instructions.

  17. You were totally wrong with your information (Topic summary). Please read the recent update of Immigration update of the applicant that arrive on K1 and married the petitioner within 90days of arrival. Please do not confuse the applicant.Please make your research very well. The immigration Laws on K1 fiancee applicants who arrive in the US and married the petitioner can Adjust status even after many months or years. As long as he or she marries the petitioner within 90days in good faith,he or she can file the AOS on her own even if divorce occured.

  18. I do not see any problem as long as you married within 90days period based on the law. You can file your adjustment of Status at anytime as long as you came with K1 Visa and married the petitioner within the time frame of 90days. Nothing will stop USCIS from approving your case based on a good faith Marriage even if you decide to file after 1 year or more. The laws have change now to favour K1 Fiancee visa applicants who came to the US and married their petitioner within 90days in good faith and later filed after many months of Marriage with evidence of good faith Marriage.

  19. I will advice you to obtain a Birth Certificate from your local Govt depending on the time you were born in Nigeria. If you were born after 1979 obtained a certify true copy of your birth certificate from the local Govt you were born at that time. If you were born before 1979 obtain a non-avaliablity of the Birth Certificate from your Local Govt at that time with an affidavit from your parents as a supporting documents from the court.

    US Embassy in Lagos can collect Birth Attestation from the National Population Commission OR a Sworn Affidvait from the Court in Nigeria, if you were born from 1992 till date. But if not, please do obtain a copy from Local Govt based on the information stated above. With USCIS, it is a different ball game. It will help you when you will arrive in the US and you want to commence change of Status to permanent residence. I am talking out of experience. Please do follow this advice and get done so that you wont have any problem with USCIS. US Embassy and USCIS operates in a different way. USCIS adjudicate cases on petition approval while US Consulates checks for completeness of the cases to take decisions for Visa issuances.

    Your change of status matters when you arrive in the US to start a new life. At times USCIS use to frustrate and give alien problems when their documents are not properly obtained from the appropriate body responsible for it for Adjustment of Status petition, Please be wise and read the Department of State manual information on Birth Certificate from Nigeria to know what to obtain and follow their instructions.

    I wish you all the best.

  20. Hi

    It seems like the receiving officer of USCIS overlooked your petition and did not clearly go through the petition very well. The regulation allow the petitioner to file the removal of conditions on his or her permanent residence I-751 immediately the divorce is final. You dont need to wait within the 90days windows to start filing it.

    I will advice you to re-submit the petition back again with an explanations why you are re-submitting your petition to USCIS in form of a cover letter clearly showing all the evidences and the supporting documents of your final divorce decree. You can include a copy of the letter they sent you when the returning back your petition when it is properly filed as an evidence of over looking your petition. If they eventually return it back again which i know it wont be possible. Please keep the orignal letter in a safe place incase if anything arises in the future as an evidence of when it was filed. Thats my thoughts for you.

  21. Thank you Nijabound. My mother did an affidavit on this last year before my second interview on the K1, but the CO did not even bring up the topic again, he just went ahead and issued the visa denial. Can i still use this same affidavit for my forthcoming CR1 interview? or do i get her to do another one? Now that we have done our wedding at the Ikoyi registry, i have obtained a new birth certificate bearing my maiden name(and my marriage name in parenthesis). I am also in order as per your second paragraph above.

    I sincerely appreciate your advise.

    Hi,

    I reviewed your previously denial on K1 Visa and I found out that the Consular has over stepped his bound by saying according to Nigeria Law that you and your Husband are married. Are we following Nigeria Laws Or USCIS laws that approve the Visa petition?. The facts is that the USCIS laws states that if USCIS knows from the beginning that you and your Husband is not legally married and approved the K1 Visa petition, the Consular has no right to deny the Visa unless if there is any information that is not made known to USCIS at the time of Visa Petition approval. The questions become what constitute a legal marriage by USCIS laws on Marriage not by Nigeria laws on Traditional Marriage. Of course Traditional marriage is not a legal marriage for USCIS immigration purposes for approving Fiancée Visa.

    The issue is that when the Consular finally denies the Visa, it will be return to USCIS for review and possible revocation which at times the USCIS will not even review and allow it expire and asked the petitioner to file a new petition. I know USCIS, if you have re-filed the petition on the same K1 Visa with the same information, I believe that USCIS would have re approved the Visa K1 Petition again then they will have an opportunity to review consulars note on your file to know if Consulars note for the denial is appropriate apply to US Immigration Laws.

    Now since you are legally married, you no longer qualify for that the same K1 Fiancée Visa. Having applied for IR1/CR1 and bear it in mind that you may not meet the same Consular that verbal told you to apply for the spouse Visa. Although your Child is an evidentary proof that the marriage is bonafide which will make Consular to issue the Visa but please do not forget other requirements especially in the area of Birth Certificate. But I think that they would not concentrate on Birth Certificate when you appear again, but get prepared and get a new Sworn Affidavit from your Mother to prove that she is still living if the issue comes up. Tell your Mother to get it done again.

    Make sure that you review the Affidavit of Support from your spouse and know all the year earning that is stated in the affidavit, I am thinking that they may concentrate more on the Affidavit of support to know if your spouse meets the minimum requirement for your support and the child since you have already had a child. Other requirements can easily be obtained without any problem.

    This is my candid advice to you. I wish you all the best and believe your Visa will be issued to you any time you appeared at the US Consulate at this time. Please be consistent in your statement and do not change it no matter what. Listen to Consular questions very carefully before you answer them and make sure that it corresponds with what is stated in your Spouse Visa approval. Believe it, It is done.

    Regards.

    N.B

  22. Hi,

    The Birth Certificate alteration would not have any negative effect in your case. All you need to do is to advise your Mother or any of your relation to get a Sworn Affidavit from the Magistrate Court in Nigeria duly notarised and registered in the Court registry stating the reasons for the alteration and then provide them with new one attached to it, but let it be the same information.

    Another area i wish to bring to your notice is that National Population Commission Started Registration of Birth in Nigeria in 1992. I know the time you were born, but make sure that you do not condradict your statement when such issues arises from the US Consulars. Get ready to explain it to them why it is issued late with another affidavit from your Mother or any of your relations explaining that there was no registry at the time of your Birth.

    If you are born within 1979 to 1991, I Will advise you to go your local Govt Area and obtained a Certificate of Birth, If it is not avaliable, Let them issue you a Certificate of non avaiability Certificate stating the reasons the record of your Birth does not exist and obtain two sworn affidavit from your parents in support of your Birth.It is very important and you need to get yourself prepared. There is no problem with changing your Birth Certificate from NPC to Local Govt. If that issues arises from the Consulars, Just let them know that you discovered that you sent them a wrong one and you decided to correct it by obtaining the correct one. It will make the Consular to believe that you are telling him or her the truth.

    Note that they have our records of events in Nigeria concerning Birth. It may not come up or it may come up but i am advising you to get a new Birth Certificate if you were born within 1979 to 1991 from your local Govt or from your Local Govt of place of your Birth. All US Consulars officers are not the same, If you produce a certificate that will make them question about the authencity of your Birth, it will delay other process until you produce the right one.

    If you have other questions, kindly bring them togther so that they can be addressed. Please i am not an Immigration Attorney but i am advising you from experience. I wish you all the best.

    Regards

    N.B

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