Andy and Pui reacted to belinda63 in Divorce after citizenship
You need to consider all the consequences to all the persons involved. Your children miss their dad which is normal but they will also miss their new father. How will you explain to them the separation from the real dad, the integration with a new dad, and then the loss of the new dad? And how will your now husband feel when you file for divorce right after you receive citizenship. Of course he will feel like you used him, especially when he finds out you are going to marry your ex boyfriend. And what about the year or more to get your ex to the US? Will you uproot the children again and move to the Philippines while you wait for the visa process to finish? Will you act as a single mom supporting your children while you wait for the process to bring your ex? And what about your feelings? You say it is a real marriage to your now husband so how will it affect you to divorce someone you say you love to marry someone you didn't love, I guess this since you never married him and married someone else. While your concern for your children's feelings are real you need to look at the long-term picture and everyone who is involved.
What will happen if immigration denies the dad's visa? What will you and the children do then? Or even worse what if they decide you committed visa fraud and strip you and the children of your citizenship/green cards and deport you?
I am in no way advocating you remain married to your spouse if you do not love him. I am just suggesting you look at everything.
Now to the immigration issue. There is a very likely chance they will not grant your ex a visa, either K-1 or CR-1, due to the circumstances as have already been pointed out. You having two children with him, married a USC, divorced the USC right after you gained citizenship, petitioned your ex....it all smells of immigration fraud.
Andy and Pui reacted to Hypnos in GreenCard holder Needing to Relocate back to the US
As an LPR she is entitled to a hearing in front of an immigration judge to determine whether she abandoned her residency; CBP do not have the power to revoke her green card unilaterally, they can only make recommendations to the judge. They can (and probably would) ask her to voluntarily relinquish her green card if she attempted to enter on it; if she refused then it's possible she would be held in ICE custody until her hearing in front of the immigration judge, but more likely she would just be paroled in.
At this point I think your chances of resurrecting her existing green card are essentially zero. A green card is for someone living in the US; if that person isn't living in the US then they aren't entitled to a green card.
You are fortunate to be living in a country that does DCF (most don't), meaning obtaining a new immigrant visa for her probably would not be laborious or complicated.
Since you've been married over two years then you would be applying for an IR-1 immigrant visa, which would automatically grant a 10 year unconditional green card upon first entry to the US. No Removal of Conditions (RoC) would be necessary.
Andy and Pui reacted to KayDeeCee in Filing aos/ead/ap - mother of goodness how many photos do I need?!?
Where do you find instructions for what is required for each form depending on how you mail them? You mail them together, yes, but each form has instructions to follow and nowhere in those instructions does it state the required supporting documents are not needed if you are mailing them together with other forms. So, no documentation is needed for the I-131 and I-765 if you mail them with the I-485? Where are those instructions? I must have overlooked them all these years. Please provide a link.
Two photos have worked for people. No one disputed that. For those that received an RFE for not including the required passport photos with the other forms, it did not work for them though, did it? Like this > http://www.visajourney.com/forums/topic/341903-passport-photos/?p=5046457
It is not a typical RFE, but who wants to be the one to have their case delayed for a rare RFE just for some passport photos? The advice to provide what the USCIS instructions ask for seems like the best to give and follow.
Andy and Pui reacted to raven52 in Will this work? - File I-751→ leave US→get NOA in the foreign county→enter us with expired GC and NOA
you are playing with "fire".,.,.,and you are going to get burned, forget this plan.,..,as you are going to surely fail!
Too many things aganist you, it is not even remotely possible this could go as you plan.,.,.,.,your plan will cause you great hardship, due to the reasons stated above!
Andy and Pui reacted to belinda63 in Finally am forced to admit being scammed
Wow, how did you find your wife? Is she still in the US? Did she get citizenship? Are you going to reconcile? Will she start paying child support? Will she come to visit the children? Did she ever file for divorce? Did she remarry? Did she ever get her green card?
Andy and Pui reacted to pmakhija in I received NOA1 but not the Fiance
I had a great opportunity Saturday evening to have dinner with and spend several hours with a director at the VSC. He is currently in charge of the department that handles I-751s among other things. His wife is an adjusicator that handles YOUR petition (if it went through VSC). His wife is Russian, arrived on a K-1 and is now a citizen. This man has worked for USCIS for many years and was at several local offices before being assigned to the VSC. His wife is a friend of Alla's and we were all at a dinner party for several American/Russian/Ukrainian couples Saturday. We had a long chat, he was very open and helpful. We talked about a lot of the things we see here on VJ and I was trying to remember all the "usual questions" I read about and pin him down for some answers. I also have asked him if he will give an "official interview" for VJ. He said he will check out the site and I will call him later this week. So, anyway I will try to cover what we discussed, he was quite frank and direct in his answers, not rude, not at all, but he knows his stuff and answers without hesitation. It turned into an impromtu and fun "interview" with me trying to remember all the hot button issues I see on VJ
I told him that the number ONE and number TWO "complaints" I see are Why is the VSC taking so long and why can't we get through to you guys?
Why is VSC taking so long, what happened? I was approved in 58 days!: We had problem with labor last year and lost many workers, we hired more last November and it took some time to get them trained. Some of the petitions were sent to California and we also assign people to different tyopes of visas. They will concentrate on one tyoe, get behind on another and then shift many people back to the other type. Lately we have shifted many, almost all, adjudicators to I-129fs, so that should make people happy. They will do that until they get caught up. Summer is a busy time for I-129fs, usually about June we get slammed with them. The winter or early spring is the slowest time for I-129fs, but then it depends what they have everyone working on also.
OK, why can't we get through to you? The 1-800 line is useless. Those are contract employees and they are trained to select answers from a menu of 14 answers. They pick which one is best for your question. There are thousands of visas being processed at any time and everyone is special and everyone has special circumstances and if we had direct lines we weould do nothing but field requests by petitioners to give them priority, we just can't do it. How would you feel if your petition got bumped because some woman called and cried on the phone and then her petition got moved up ahead of yours. We simply have to operate in a way that avoids any chance of fraud, corruption or unfairness.
So what about some people get approved ahead of others? Sme petitions have problems or delays, we do not hold back others for this. If an adjudicator has problems, he puts that one aside or sends an RFE and goes on to the next. The next one may be clean and gets approved right away, in just a few minutes, they adjudicate 15-20 petitions a day per person, and the ones with problems may wait weeks for the petitioner to respond to the RFE, or maybe it is a name check they are waiting for. Petitions are assigned as they arrive, when we are working on those petitions, but they do not go out the door in the same order they came in.
G-325a, Signed or Unsigned? Unsigned.
WHAT? Ok I have seen the memo but lots of VJ members got RFEs for unsigned G-325s, what gives? They do not have to be signed,they can be signed at the consualte interview. Some adjusicators haven't read all the memos, we get hundreds of the things, and maybe they make a mistake. If you want to be sure there is no mistake, sign it. Or send a letter expalining why it is not signed and request it be signed at the interview. Do you have that memo?
It is on the VJ website somewhere You can print a copy of that and send it with the I-129f and G-325a.
Fiancee intent letter? Signed or unsigned? Signed.
What about a faxed or emailed signature? When I was adjudicating, if I could see a signature, I accepted it, but many adjusicators will not. Signed is better.
Lawyer or no lawyer? For what?
Enough said. Now a hot issue, a very controversial one. There seems to be a trend in some countries of foreign men marrying American women and the women are considerably older. There is always a question if this is a problem. It never seems to be a problem for older men/younger women (My wife is 13 years younger, his wife is also considerable younger than him) Is it a problem? For us, USCIS, no. "Free to marry".
What about the consulates or for AOS or I-751? Consulates do what they do, it is not USCIS, some of them are bastards. Kiev is easy, they approve everyone (laughs), they used to be bastards but they got easier since they first started doing those in 2005, before then you would have had to go to Warsaw, you know. For AOS if they can prove they are legitimate we do not care about age but anything that is "not normal" for the culture will draw suspicion. They probably will not get a no questions asked interview (I had told him our AOS was "no questions asked")
What about birth certificates, some people have trouble getting them? This is a problem for us also. Some people, especially our younger staff, think all the world is like the USA. I remember one, when I was in the Kansas City office, the beneficiary was from Viet Nam, she was born in 1954 there was no birth certificate. The CO asked me about this and I looked at the file. I said "Do you know what was going on in Viet Nam in 1954?" She looked at me, straight faced and said "What, their computers were down?" If a birth certificate cannot be obtained they can usually get something from a church, a village official, something, and send that with a letter of explanation. Or just their passport and a letter explaining the situation (this applies to AOS more than I-129f as beneficiary birth certificate is not required for the petition, but I wanted to ask anyway, it seems a common question here)
What about extra documents? Proof of relationship? We don't need it, only that they have met for the fiancee visa.
What about the consulates? Consulates do what they do, as I said, some are bastards. They get whatever we get when it is sent on. I can't tell you what NVC and consulates do, I know some are terrible and some are really easy, but I do not know all the details of each. Kiev is easy, western Europe is easy, Nigeria is horrible, but you would not believe the scams from Nigeria, I get jaded. I am surprised a lot of them get visas and then we have to deal with them.
I have to ask for a collegue, Ecuador? Bastards.
What about changes? Are there any in the works? Is Obama ouching you guys to work faster? I am not sure Obama knows we exist. There have been no changes and no pressure other than the usual workload and shifting things around. I do not expect any immigration changes in the next year or two, at kleat not in rules or amnesty or anything like that. I do expect FEE INCREASES within the next year...across the board.
How much more? I cannot say, that is not my area, I just hear talk.
He added, "We try not to deny petitions, people really get angry and make lots of trouble. Denials usually come at the consulate or maybe AOS or sometimes even with the I-751. If we deny someone we need good reason, if they meet the criteria, we will approve it, they just have to give us what we need to approve them."
So how can I speed up my petition? You can't really. If it gets to be too long and if you can get a congressman or senator to call, that will get some action, but half the time those guys dont'' call or they do and the petition has only been there 3 months. Sometimes one falls through the cracks, gets overlooked, we are human. A congressman can get through and get them to dig it out if it has been too long, but I wouldn't call that "speeding it up". That's a fix for whn it is too slow.
we talked for some time more, about 5 hours altogether, briefly interrupted by Alla every now and again who had her own questions about the I-751 procedure which I posted in that forum, about VJ and other topics (his Navy days) He said he will check the site and gave me his home number. He said "call anytime but not 3 in the morning" I asked about an interview or answering prepared questions, he said possibly, he will check the site. He said many internet sites are advertisement for immigration attorneys or instructing people on how to pull scams, I assured him he would be very pleased with VJ and he thinks it is great that there is a good site for information and advice. (he never heard of VJ before this)
I can also say, that speaking to him, I heard so many of the same buzzwords or advice that I have seen right here, this is really a great site with some great folks giving some really great info.
Andy and Pui reacted to Ebunoluwa in Interview Soon
It would be best for your fiance to be there during the interview with you.
At the very least have a sworn notarized affidavit that he is aware of the child.
I would do a short consultation over the phone with a lawyer and see how to proceed, perhaps fill out a corrected application.
It may be the best $100 or so you will ever spend.
What concerns me is that you also lied on the K1 application forms where you have to answer if you have children.
Omission is one thing but lying is another. Whether or not it is material misrepresentation is for a lawyer to determine in this case.
Andy and Pui reacted to Harpa Timsah in Not Good news "Glitch crashes global US passport, Visa operations"
Andy and Pui reacted to Karee in Is my future Thai Bride a Bar Girl?
I figured I'd compile a list of warning signs since these questions get asked a lot.
1. Did you bar fine her in Pattaya the first time you met her? The question is the answer on that one.
2. Does she work in Pattaya, but she's from Isaan?
3. Does she work at a girly bar, but only claims to be a hostess?
4. If you did meet her in a bar, does she claim that she she has only been in that line of work for a short period of time? Or that she is only in that line of work so she can send money back home?
5. Is she asking for money for things like family emergencies, English school, or flat out saying I wont work in the bar if you send her enough money? (she'll keep the money and continue working in the bar)
6. When you call her, does her phone go straight to a recording between 8 pm and 4 am Thai time. This is a HUGE one. It could mean she has multiple SIM cards and doesn't want to take calls from you while she's with her Thai boyfriend or she's with a customer. Also, some of the mama sans have rules about them using their phones while working. In Thailand if a phone is powered down, it will not ring at all like it will in the U.S.
7. Does she disappear for days at a time, where you can't get a hold of her, and then comes up with some story about her phone being broken, and then asks you for money for another phone.
8. Wants you to build a house for her parents back on the farm as part of the agreement to marry you
9. Wants you to buy her a car. (Why would you buy her a car if she's planning on moving to the U.S.?)
This is by no means a complete list, but hopefully some will learn from it. I lived in Thailand for 3 years and met my first girlfriend in the bar. I learned most of these things the hard way. It actually took me getting hauled down to the police station with a minor knife wound and threatened with imprisonment if I didn't sign a confession in Thai, before I finally woke up and saw the reality. The good news was that I didn't bring her to the U.S. on a visa.
I know most will be blinded by the hot Asian girl that says they love the farang. I was. There's no shame in that. If you meet one of these girls in the bar, rent, don't buy. It will save you a lot of money and pain in the future.
Keep an eye out for the red flags I've posted above. Especially #6.
Also, do some reading on Stickman.
Actually, I just looked at Stickman, and a lot of the things I posted above are there in this link:
Andy and Pui reacted to aaron2020 in Is 30K salary for accounting manager position too low?
Given that you have no US experience and it's a nonprofit, the salary is appropriate.
Get some US experience and you can find another job that pays for your experience.
Get a job with a for-profit business, it will pay more than a nonprofit.
Andy and Pui reacted to Darnell in Is 30K salary for accounting manager position too low?
non-profit orgs rarely pay scale.
Andy and Pui reacted to Harpa Timsah in America Could Cut Illegal Immigration by 90% If They Did This One Simple Thing
I heard you can get rid of belly fat by doing this one simple trick. Pay me money to find out more.
Andy and Pui reacted to Darnell in What's the fastest you've heard of a visa being approved?
that might be your in -
so when you chase that -
the end result is a one-time travel document for your wife,
and if she gets it -
she'll have to file for another greencard in the USA.
Others might call it a loophole - but if it's available to you - I say run with it. Fast.
Andy and Pui reacted to Caryh in What do you guys thnk of this USCIS respones?
Adjusting officer is not aware of the law and intends to issue the green card, even though the I-864 has been withdrawn. The advice on attempting to get the actual law forwarded to the adjusting officer is about your only shot at getting this stopped. I would make sure you properly document all of this just in case at some point down the line they try to hold you to the terms of the I-864. The adjudicating officer not knowing his job, should not put a liability sitting on your lap, but you'll have to be prepared to fight for that if the need arrises.