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Stephalex

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Posts posted by Stephalex

  1. Well, I know I posted above that he had met his residency requirements but I found out that it was UNDER the age of 14. He was present in the States from the time he was born until he was about 5, and then made visits when he was older, but nothing even totaling up to a year in that.

    He misinformed me last night and corrected it today, as well as his mother corrected him as well and both their information matches.

    The lack of proof/evidence should be fitting enough to prove that he was not in the States for longer than 2 years over the age of 14, as I have his word.. That's the only

    proof I can produce, and back in those days, of 1965 and on, they didn't have passports or any way of identifying people that went over the border..

    I'm thinking my lack of evidence/proof should PROVE (as funny as this sounds) that I am not eligible for transmission of Citizenship.

    Would I be correct in this?

    I would still have to make the appointment in Vancouver, but my idea is that I do this interview, and they pass this on to the K1 Visa unit, and when they are satisfied, that I will get my K1 Visa.

    I just have to try and give information to the best of my knowledge.

    Sorry for any confusion!

  2. My dad didn't meet his residency requirements, so I'm not sure who to turn to or talk to next. At the K1 Visa office, they told me I'd need an appointment with the Citizen side, so do I just make the appointment, have them say that I don't qualify, and then they notify the K1 office to issue my Visa?

    They kept all my paperwork and everything is all certified and approved, I just have to work out this issue.

  3. I was born in February 23, 1988.

    My father never resided in the States for longer than a year after his 14th birthday, but I don't have any proof or way of proving this.

    I do NOT have a claim to US citizenship, but I really don't know how to prove this, do I file for a passport and wait for it to get denied at the next interview I go to or what?

    He went across around 1982 but didn't stay for more than a year, he was just doing vacations and trips.. not residency.

  4. Well originally, his mom was on tour in the States when she was 9 months pregnant and gave birth to him in Michigan, US..

    Then I think they stayed there for less than a couple weeks, and came back to Canada.

    I talked to him today about it because I was furious, and I needed answers, and I asked him how long he was in the States and he said more than 5 years, and I'm not sure if it was directly after he finished school or not.

    I plan to talk to him tomorrow and ask him what age he was there and if he ever worked or had anything which tied him to being PHYSICALLY in the states for 5 years.

    If he didn't work or go to school, I don't really have anything except his word..

  5. Okay, then you are a US Citizen already, and therefore don't qualify for the visa. It's not that you are ABLE to be a dual citizen, it's that you ALREADY ARE a dual citizen. You just need to do some paperwork. It doesn't matter that your parents weren't married - you get your US CItizenship "through blood" as it were from your father. As far as proving your father's residency requirements, did your father ever get a driver license in the US when he turned 16, school records, tax records (your grandparents), anything of the sort? It seems the consulate already knows your father's whereabouts in his childhood, so you should be able to too. The consulate may even be able to help you with the proof.

    Edit:

    In fact, here is the exact thing you need to do. You are an adult and have a citizenship claim. There are some suggestions there for the type of evidence you need.

    http://canada.usembassy.gov/consular_services/citizenship-claims.html

    Awesome, I thought that I would need ALL those pieces of evidence, and my biggest problem is the fact of applying for a passport because it's going to request US things from me like Drivers License and things like that which I don't have.

    I'm just so flustered.. I'd love to prove this all wrong and be able to continue on with my K1 Visa.. I don't know which path is easier at this point but I'm being forced down one and trying to figure it out.

    In regards to him being in the States after a certain age, I'm not sure if he got a drivers license or any of those things, but wouldn't it show when he crossed the border when he was over the age of 14? Would they have any record of that as of course he would've had to have applied for a passport? This is what I am hoping they can help me with..

  6. They TOLD me directly at the US Consulate in Vancouver that I would be able to have dual. I don't know anything about the card, but if I get a copy of my father's birth certificate and he passes the residency requirements (Which is what I need to prove) then I can go from there.

    The one difficult part is that if anyone saw the website and looked under the Citizenship Claim part, it says one of the things on the Checklist is

    -Certified copy of the Parents' Marriage Certificate

    My parents were never legally married.. There are so many loopholes in this system right now that I'm finding and I don't know what's happening or what to do..

    I talked to my dad today and he told me he met the residency requirements, but now I need to prove this, how do I go about doing that?

  7. So for those of you who possibly read my post about having an issue without a original copy of an Affidavit.. it turns out the Consulate DID in fact receieve

    our packet with this Affidavit included in it.. and it wasn't outdated because of it's original submission from last year.

    Just to correct any nonsense from last night, I didn't need another copy of an affidavit since back last year is when we first filed the petition.

    NOW, here is the big predicament and I don't know what to do next.

    My interview went well, and I would've been approved BUT.. We found out in May that my father is actual a U.S. Citizen, a dual to be exact, so he can come and go as he pleases to the United States and Canada.. and has been living in Canada for about 20 years now.

    They told me that they cannot legally issue me and my daughter this fiance Visa because of the fact that if he lived in the states for 5 years (2 years which needed to come after the age of 14) I would be considered dual as well, and I could come and go as I please.. I wouldn't need the Visa.

    Here's where the real problem starts. I don't know what to do about my daughter, since neither me or her biological father are true U.S. Citizens, and I'd only be considered a dual if I can prove my father was in the States for 5 years and does in fact have a dual citizenship card.

    I seriously need some help with this, because I don't know who to call or who to talk to about this..

    I was given a slip with this website:

    http://canada.usembassy.gov/consular_services.html

    It's a pretty useless site because all it tells me is how to basically get a U.S. Passport when I'm not U.S. yet.. Augh.

    Any information or help that could be provided would be greatly appreciated.

  8. He won't be able to fax it to me because I'm not currently at home, but I was thinking if I could have it directly faxed to the Consulate where my interview is, it might be acceptable.

    Canada Post went on strike for like.. almost a month so it was kind of difficult to get mail incoming and outgoing so the time frame was just too short to get it in my hands.

    I'll just have to wait and see tomorrow, or maybe even have the Consulate General perhaps call my fiance's boss.. who knows.. so frustrating.

  9. I just had my medical at Woking Medical, Vancouver British Columbia, and my interview is tomorrow.

    Not sure if this has been addressed but I have everything BUT the affidavit of support copy, as my fiance originally included one in the paperwork

    he sent when we first applied. I plan to be honest about this with the Consular Officer and then if he/she says that they don't have the original copy,

    I am hoping that a quick fax from my fiance could be the solution.

    Anyone have any ideas or advice as to whether or not they might have the original forms we sent in?

  10. Hey everyone! My man just had his K1 visa interview today and everything went well :) I was just wanting to make sure I knew of everything he is going to need at his port of entry (detroit) I know he obviously will need the visa and sealed medical envelope and he'll be bringing his huge binder of 'our relationship/all forms from the past'. What else will he need?

    ps. do you guys think it will be easy enough to do the AOS without a lawyer? My lawyer just tagged on an additional $700 bogus fee that came out of no where. I've already spent well over $3000 and its getting/has already gotten ridiculous.

    Thanks, ahead of time~!

    If he was approved for the visa and has the visa, I don't think you need to bring anything but that.. your passport with the visa..

    You only need your medical envelope and binder of your relationship/forms to the interview and you're stating he already went to the interview..

  11. Many thanks to both of you for the very helpful responses. I'll read them over a couple times and be sure I understand, then have that crucial discussion with her. I appreciate the clarity.

    The process makes me curious if there's a way for me to be in Canada with her if we marry there; I'm happy to be there for the time being if it means less time apart. I know that Canada doesn't have a 'fiance' visa, and that she'd have to be my sponsor if I was to stay, but is there a method that would give me immediate rights to stay if we married? I assume it probably comes down to intent at the border. Of course, I could always try to find an employer and get in that way.

    Again, I sincerely appreciate your help.

    There is a way that you can be with her in Canada to get married before you file for a visa but that being said, your only option after marriage is for the CR-1.

    My suggestion is that you can probably stay in Canada for a couple months while you wait for the processes to go through the system, and it would mean less time apart.

    Are you proposing to move to Canada or have her come to the US still?

    I don't believe there is any method that would give you immediate rights to stay, only options are the K-1 and CR-1 but only the CR-1 applies if you become married.

    Those who apply for work visas have a bit of a different time frame on their acceptance but even work visas are NOT permanent.

    I know someone who has a work Visa and she can only stay for so long, and then has to come home for a bit, and then go back.

    It would almost be fraudulent to marry her and try and come and stay in the country on a work visa because nothing guarantees you any immediate rights to stay.

  12. I'm going to try and answer this the best I can to my full knowledge of it all.

    You can have time before the wedding to have your time apart, which yes, you would apply for the K-1 Visa and then get married after she comes to the States.

    The one little twist to the story is that yes, it's a one time entry.. and if you leave within that 90 days, I'm pretty sure you can't come back again because the rest of the process hasn't been fulfilled.

    You won't be able to have her come to the states and then leave again to get married in Canada.. What my suggestion/idea would be, is have the LEGAL wedding in your US State, and then once all the interviews and AOS are done and over with and she has her green card, then you can go and have your family wedding in Canada with her family, unless they want to come to the legal one.

    I planned with my fiance to have a reception in Canada once my AOS and everything is completed and my AP is passed so I can come and go to Canada when I want but the legality of it would be getting married in the States and then have the big family wedding in my home country.

    I don't know too much about the CR-1 but we decided against this because there are more loopholes and often a longer waiting period, but yes, you would be commuting back and forth, as she won't be able to stay with you in the US.

    For the last part, I don't think either route would be feasible to move to a different country, maybe travelling but if she is Canadian, we only get 6 months before we have to be back in Canada and I don't know if they frown on that, waiting in a different country than Canada while waiting for your visa application to go through may not be acceptable but don't quote me on this.

  13. These threads are posted for informational purposes as well as opinions, but practically shouting (Caps lock kinda means you're infuriated or trying to get a point across, especially with the !!!!!! at the end) that YOU get tired of people basically asking questions.. Sure, they should've researched it more, but isn't that what this site is about? To help get more sources and information? I've seen you post before and I've actually thought you were a credible person, but what you posted was rude.. Sorry...

    It's one thing to give an opinion, but it's another thing to give an opinion and be rude about it when I'm sure if he was expecting this kind of response, he wouldn't have posted this.

  14. Okay well from the sounds of it, I might be in the clear.. I'm way past the point of an RFE, interview is next month..

    I just wanted to make sure I've covered all the bases because I was missing documentation for my police certificate and birth certificates and I just don't want to be unprepared.. It makes me nervous and very OCD.. lol. Gotta re-arrange my papers daily just to make sure I know where they all are and when they are called upon, I can pull them out with ease. Thanks!

  15. I am the beneficiary of a K-1 Visa and I go for my interview on July 8th, but my fiance actually got so busy right around the time he was sending out the I-129 petition that he was not able to copy it before he sent it out.

    When I go for my interview and they request this, I will be honest with them and let them know that I actually do not have a copy of the packet he sent out, but I'm wondering if this will cause a huge problem or not.. or if the interviewers will have the original packet or a copy of it when it was first sent in to USCIS.

    Can anyone please help me out with this and tell me what I need to do, if anything or if it'll cause a problem?

    Thank you so much for any answers given.

    -Stephanie

  16. You are best to post here http://www.visajourney.com/forums/forum/126-imbra-special-topics/

    With the rest of the Adam Walsh Filers such as myself, see my timeline? Its not an easy process. Read through the adam walsh cases , since you got and RFE I assume, you have to quickly gather as much evidence in his favor as possible and submit.

    I think she got denied, I don't think there was any RFE issued, it was flat out denial..

  17. That bit about hacking our Facebook is absurd.. They don't have the time to do that, definitely not. They do a quick search on google most likely.. Hacking? Waste of time.

    However, ICBC doesn't hack but they get granted rights to see what possible victims of accidents write and comment on when it comes to Facebook, and this I know for a fact.. But back to the consular and interviews/petition processes.. Channah&Aaron is right and she has her opinions and is allowed to post them.. Don't rip on her. (My step-sister's name is Channah, she's a sweetheart)

  18. The thing about Facebook is that it can be accessed by anybody, the government.. ICBC, and etc.

    If you have nothing to hide, then why is it an issue if your name gets searched?

    Also, if someone put their Relationship Status to married but they aren't yet, they require you to give documents of divorces and stuff.. And if they find out you're lying and they stumble upon a divorce certificate that wasn't claimed, you're up poop creek without a paddle.. So I'm sure someone writing "Married" isn't as huge of a deal, as long as you can prove during your interview that it isn't.

    They can raid my Facebook all they want, and my VJ, I'll give them email addresses/usernames and passwords.

  19. I would add whatever you deem necessary. I have a 3 year old daughter, my fiance is from Alaska and both her and myself went up there for two weeks. Since my daughter is filing for a co-visa under my application and etc.. Showing pictures of her and my fiance together would be deemed necessary to show they have a relationship and have met also.

    As long as you have a few photos of you and your fiance together, I don't see it being too much of a problem..

    I have boarding passes, itineraries, anything you can think of that would possibly help, add it in.

    I've got MSN logs, phone minutes/text minutes showing the number of my fiance and our conversation times..

    You don't need to prove that he spent time with you and you alone, he flew up to L.A. and seen you and your son I'm guessing, and that'll satisfy the Consular Officer. :)

  20. 14) Is only if YOU yourself have a National Identification Number (I'm thinking almost like Dual Citizenship or Citizenship with another country that gives you a NIN.)

    26/27) I wrote forever.. Maybe I should've been a little more formal but I was just like NEVER LEAVING! :P

    32/33) I put I don't PLAN to work or study in the USA because I'd think that might raise a little flag due to the fact that you could just be marrying someone to come study and stay.. I still want a SSN though just in case in the future I plan to work, but my current PLAN is not to work or study at the moment.

    36) This question you only answer yes to if you've previously had someone file a petition on your behalf. Not the one you're doing now, but any previous attempts they must know about.

    Hope this helps!

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