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Alex B

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Posts posted by Alex B

  1. This article pretty much sums it up. https://www.temple.edu/isss/immigration/overstay.html

    Basically you shouldn't be here but under no circumstances do you want to be here after 180 days because then it starts to get increasingly ugly for you.

    The ban seems to come with INA 212(a)(9)(B) which mentions the 180 days. However, 222(g) says that overstay cancels your visa and says that you now must apply for all visas in your home country. I suspect, but don't know, that this would make you ineligible for the visa waiver program.

  2. Here is how I think it could go badly:

    1) USCIS during naturalization review checks her social for all employment history

    2) They find that the social was used at a job she didn't claim on her N-400 to have worked at

    3) They call that employer and/or ask her further about it and they immediately figure out her social was used at a different job

    4) Now they dig deeper to determine whether she knowingly let her social be used or whether it was stolen and used.

    The bigger problem here is #5 on your list!

    #5 She's assisted in committing fraud and fraud is a crime of moral turpitude which is disqualifying for naturalization.

  3. Im stumped on how to answer question 29 and 30. I have travelled many many times to the US. Living in Canada we do not need to be issued a specific visa however we are technically entering in on a vacationer visa are we not?

    Im not sure how to answer question 30 ( have you ever been issued a US Visa ) Should I put no? or yes with an explanation as to Canadians don't require a visa to enter?

    29 Have I ever been to the US - What if I have been multiple times? How would a Canadian that frequents the US a lot answer this!

    Please help

    Thanks!

    We had the same problem for the DS-260/DS-230 (which MTL still requires).

    We wrote on the form that the dates were various and then added a covering letter saying that my wife had travelled down from Vancouver approximately every 2 weeks for the 2 years that we were dating. I was able to provide specific detail before that because it was only the occasional trip.

    It didn't even come up at interview in Montreal.

    Good luck.

  4. I have a question for those who know; if one has enough credits to collect a Canadian pension and half the credits for a US pension: is it worthwhile to work in the USA to get a full 40 credits?

    If one has full credits in two countries; do you receive two full pensions, one from each country or do they combine into one full pension because of the agreement between both countries?

    And also; to receive Medicare at age 65 in the USA do I need a full 40 credits or can I draw from my husbands credits?

    Thanks for your replies.

    I think you're in good shape. There seems to be some kind of reciprocity between many countries.

    Have you read http://www.ssa.gov/international/Agreement_Pamphlets/canada.html ?

    I'm just ignoring this 'cos I've got 25 years before it'll be an issue for me.

    Good luck

  5. Hi, this is my first time posting on this site. I've read lots of threads and learnt a lot. But here's a question regarding my case:

    I'm a Canadian citizen, about to marry my USC girlfriend. We've been dating and doing a long distance thing for a few years, before which we were living in Canada. Never really felt the need to get married, but just found out that she's pregnant! So, after much thinking, we've decided to marry, so that I can move to the US and both of us can live and work there together.

    Planning on a civil ceremony at city hall next month, and then filing for CR-1 immediately after. Does it matter that we will file the I-130 just a couple of weeks after the wedding? Could that look suspiciously like we are getting married only for the purpose of immigration?

    By the way, we're not considering a K-1 visa because I will have to make many frequent trips back to Canada over the next year or so (probably for just a couple of days each), and dealing with AP seems like it is not worth it.

    Any comments welcome.

    This won't be a problem at all.

    We got married 12/18/10. I filed the I-130 on 1/12/11, as soon as we got the marriage certificate in the mail. Did not come up at interview at all.

    For our time the interview in Montreal was early Sept and the visa took about a week after that.

    Good luck

    Hi, this is my first time posting on this site. I've read lots of threads and learnt a lot. But here's a question regarding my case:

    I'm a Canadian citizen, about to marry my USC girlfriend. We've been dating and doing a long distance thing for a few years, before which we were living in Canada. Never really felt the need to get married, but just found out that she's pregnant! So, after much thinking, we've decided to marry, so that I can move to the US and both of us can live and work there together.

    Planning on a civil ceremony at city hall next month, and then filing for CR-1 immediately after. Does it matter that we will file the I-130 just a couple of weeks after the wedding? Could that look suspiciously like we are getting married only for the purpose of immigration?

    By the way, we're not considering a K-1 visa because I will have to make many frequent trips back to Canada over the next year or so (probably for just a couple of days each), and dealing with AP seems like it is not worth it.

    Any comments welcome.

    This won't be a problem at all.

    We got married 12/18/10. I filed the I-130 on 1/12/11, as soon as we got the marriage certificate in the mail. Did not come up at interview at all.

    For our time the interview in Montreal was early Sept and the visa took about a week after that.

    Good luck

  6. Can you quote the relevant part? I have read Pub 519 and the section you refer to and do not see where it says a married person can file single.

    Absolutely:

    Choosing Resident Alien Status

    If you are a dual-status alien, you can choose to be treated as a U.S. resident for the entire year if all of the following apply.

    You were a nonresident alien at the beginning of the year.

    You are a resident alien or U.S. citizen at the end of the year.

    You are married to a U.S. citizen or resident alien at the end of the year.

    Your spouse joins you in making the choice.

    This includes situations in which both you and your spouse were nonresident aliens at the beginning of the tax year and both of you are resident aliens at the end of the tax year.

    Note.

    If you are single at the end of the year, you cannot make this choice.

    If you make this choice, the following rules apply.

    You and your spouse are treated as U.S. residents for the entire year for income tax purposes.

    You and your spouse are taxed on worldwide income.

    You and your spouse must file a joint return for the year of the choice.

    Neither you nor your spouse can make this choice for any later tax year, even if you are separated, divorced, or remarried.

    The special instructions and restrictions for dual-status taxpayers in chapter 6 do not apply to you.

    Note.

    A similar choice is available if, at the end of the tax year, one spouse is a nonresident alien and the other spouse is a U.S. citizen or resident. See Nonresident Spouse Treated as a Resident , later. If you previously made that choice and it is still in effect, you do not need to make the choice explained here.

    Making the choice. You should attach a statement signed by both spouses to your joint return for the year of the choice. The statement must contain the following information.

    A declaration that you both qualify to make the choice and that you choose to be treated as U.S. residents for the entire tax year.

    The name, address, and taxpayer identification number (SSN or ITIN) of each spouse. (If one spouse died, include the name and address of the person who makes the choice for the deceased spouse.)

    You generally make this choice when you file your joint return. However, you also can make the choice by filing Form 1040X, Amended U.S. Individual Income Tax Return. Attach Form 1040, Form 1040A, or Form 1040EZ and print “Amended” across the top of the corrected return. If you make the choice with an amended return, you and your spouse must also amend any returns that you may have filed after the year for which you made the choice.

    You generally must file the amended joint return within 3 years from the date you filed your original U.S. income tax return or 2 years from the date you paid your income tax for that year, whichever is later.

    Now the later bit... (sorry, forgot this is original post)

    Nonresident Spouse Treated as a Resident

    If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

    If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

    If you file a joint return under this provision, the special instructions and restrictions for dual-status taxpayers in chapter 6 do not apply to you.

    Example.

    Bob and Sharon Williams are married and both are nonresident aliens at the beginning of the year. In June, Bob became a resident alien and remained a resident for the rest of the year. Bob and Sharon both choose to be treated as resident aliens by attaching a statement to their joint return. Bob and Sharon must file a joint return for the year they make the choice, but they can file either joint or separate returns for later years.

    How To Make the Choice

    Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

    A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.

    The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

    Amended return. You generally make this choice when you file your joint return. However, you can also make the choice by filing a joint amended return on Form 1040X. Attach Form 1040, Form 1040A, or Form 1040EZ and print “Amended” across the top of the corrected return. If you make the choice with an amended return, you and your spouse must also amend any returns that you may have filed after the year for which you made the choice.

    You generally must file the amended joint return within 3 years from the date you filed your original U.S. income tax return or 2 years from the date you paid your income tax for that year, whichever is later.

    If you file married-jointly without the declaration and you have a non-resident alien for a spouse then you have committed fraud because in all likelihood you have received a bigger tax credit than you are due.

  7. I think you may be right and they are confused. Why do people not read the original post before putting in their two cents...

    You still haven't read Pub 519 have you?

    Please read page 9 and then reply, not before.

    If your spouse is not a resident then you only have a choice of filing single/head of household (based on your circumstance) or make the declaration and file married filing jointly. You may not under any circumstance file married filing separately unless your spouse is actually a resident (substantial presence or green card will meet this requirement)

    You also have to consider the effect of a tax treaty which in general will say that you owe tax to the country with which you have the closer ties.

    Please please go read the publication it's quite short.

  8. You are married and therefore have to file as married. To file as single is wrong. You have to file as either married filing jointly and will need a SSN or ITIN for your husband. The other option is married filing separately and for this one you do not need any info from your husband. If he is not even in the US yet I would say you pretty much have to file married filing separately.

    If you do not believe anyone here and need proof go to the irs.gov website and search this phrase 'What is My Filing Status?', chose the first result it gives. This is a tool by the IRS for you to determine your filing status. It will ask you some questions and at the end tell you what status you should use to file.

    Nope. Your filing status has nothing to do with your actual status. As read IRS Pub 519, page 9.

    This keeps coming up for the couple of years that I've been on this board and still people are getting it wrong.

    You may well pay less tax though by making the married election.

    NOTE: What is wrong is to file as married WITHOUT making the required declaration signed by both spouses.

  9. If you are married you cannot file single.

    This is not true. I've posted about this many times. Read IRS Pub 519, page 9 "Choosing Resident Alien Status".

    I filed head of household last year because my wife still did not have her green card. This choice was also given to me by my CPA.

    You do have a choice though. You should calculate both ways and file whatever is advantageous for you.

    I was a little concerned that filing head of household would not show my relationship with my wife but it didn't even come up at interview so I guess the consulate knows that tax filing status has no bearing on the actual marriage.

  10. If you're worried you could also travel via Dublin or Shannon which are CBP pre-clearance locations.

    Just bring lots-o-ties back to Blighty like bills/pay stubs/mortgage or rent etc. and you'll be fine.

    Finally, make sure you have a copy of all correspondance with USCIS and later Dept of State to show that you're following the process to the letter.

    You'll be fine. Just tell the truth, ALWAYS! Misrepresentation is the one thing that can be impossible to beat.

    Remember, even if you are turned away it's because in the CBP officers opinion you are at risk of staying. Provided there is no misrepresentation it will remain just that, his/her opinion. Your K1 will not be affected. My wife was turned down for a tourist visa to the US once because she had insufficient ties. We disclosed this to dept of state and didn't even hear about it at interview. It was a complete non-issue.

    Good luck.

  11. I am most grateful to my Lord, Jesus Christ who makes all things beautiful in His time. I didn't get a mail, no text but this afternoon I checked the website and I saw the following message

    "On January 23, 2012, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283"

    I feel like I am flying over the moon!!!!! So please my VJ people what next???? (OMG you put a lot in here :blink: )

    I've got some bad (well not really) news for you. :devil:

    We found the NVC step to be much more difficult than the USCIS step. They want lots of documentation, the NVC processes were infuriating and then you have the consulate to deal with. Don't be disheartened you're getting really close now. :thumbs:

    There will now be a delay as your petition is sent from USCIS to NVC. Don't waste this time. Start getting your police certificates, birth certificates (long form showing both parents' names) and your documentation for the affidavit of support (I-864). The better job you do now of gathering this documentation the quicker you'll be able to progress once the case is at NVC.

    Start by reading the NVC guide. Ask any questions you need.

  12. Hi there,

    I was wondering, since we file separate I-130 for myself and daughter will our interview dates be on the same day and time?

    Do they interview us separately?

    Thanks for your answers in advance.

    :thumbs: You're good!

    I had exactly the same situation. NVC was sending me the documents and accepting things on completely different dates. They were also bouncing perfectly good documents for my step-daughter.

    Ask the first line support person at NVC to positively guarantee that the interview date will be the same. When they refuse, ask for a supervisor. Then you'll get the real scoop, that because the CR-2/IR-2 is based on the CR-1/IR-1 that they have to be tied together.

    Be warned - at interview they were concerned with:

    1) Custody of the child - make sure you have your ducks in a row here. My wife had a notarized translation of her Chinese divorce agreement showing sole custody.

    2) I-864 stuff. They're really making sure that you can support your new family.

    3) We had lots of questions because I told them we couldn't come up with the Chinese police certificate. My wife became a Canadian citizen at which point the Chinese govt. will refuse to provide this. (They don't care that you were Chinese, they care what you are right now)

    Good luck - we were there last September for our interview. Sit as close to the elevator as possible because that will get you in quicker!

  13. I am very surprised you were issued a tourist visa when you had K-1 pending. You definitely had intend to immigrate when you entered the country and deciding to get married on a tourist visa, file for AOS and cancel the K-1 application points directly at visa fraud. You can of course go ahead get married and file for AOS but if you get unlucky and get AOS denied. Looks like the USCIS will have a pretty strong case against your appeal, in that case deportation might be the only outcome.

    Looks to me like you were on a safe path to immigrate to the USA using K-1 but now you want to gamble your future just because you made plans before you get a visa when it is always advised against.

    Take it as a privilege that you got lucky to be with your fiancé while waiting for the K-1 visa, not many of us are that lucky.

    Good luck

    This isn't necessarily true. The "intent to immigrate" counts an individual entry only.

    My wife visited me many times from Canada during our CR-1 process. She had obviously shown an eventual goal following the filing of the I-130 but each time was admitted because she was able to prove to the CBP officer's satisfaction that on _this trip_ she did not have this intent. (proof was pay stubs, mortgage statements etc.)

    I would certainly expect greater scrutiny though as USCIS will certainly try to take the view that there was prior intent. I would also agree that the K-1 route is certainly more secure from a legal standpoint but this must be weighed against the reality of the Accra consulate.

  14. Ok, Thanks.

    Seems odd the US won't "allow" such a relationship.

    It's a relatively new development. Before 1996 the federal government had absolutely no concept of what marriage was, other than one of the states said you were married. I was living in Colorado at the time and was common law married to a USC. Other than my immigration atty hanging his head it was a perfectly valid marriage for immigration purposes. (This was the joker in my back pocket because I was going the H-1B -> I-485 route).

    Unfortunately (or fortunately for some) Defense of Marriage Act (DOMA) defined marriage as being between a man and a woman, so for the first time the federal government had an idea of what marriage was.

    That said, given the justice dept's recent statement that they wouldn't defend DOMA because they considered it to be unconstitutional (something about the pursuit of happiness bit) it may be gone in a few years (I'd expect 10+ years)

    http://www.nytimes.com/2011/02/24/us/24marriage.html?pagewanted=all

    The trouble here is that I work with a gay man who's been in a committed long distance relationship for 10 years. His relationship has lasted longer than my first marriage did.

    Enjoy

  15. My mother is now saying that she'll never speak to me again if I don't give birth to my children in the UK! So I think I'm definitely going to have them in the States ;)

    Forgot to mention this one. If you do decide to give birth in the US your daughter is still eligible to be a UK citizen. IIRC you get 2 generations born outside of the UK before they cut you off. (Check this on the foreign office website, it was easy to find). I didn't register my daughter's birth with the British Embassy but I did apply for her passport. Supposedly it's a whole lot simpler because you cut out a step.

    One funny story was in applying for a UK passport the embassy called me up and asked to see her US passport. I asked, since when was a US passport a pre-requisite for a UK passport and the woman at the embassy fell strangely silent and then said, it's OK we don't really need it. If you're a British mother then your children will automatically get UK citizenship. As a British father I had to sign an affidavit stating that I had not been previously married because at the time (don't know if its changed) only legitimate offspring can be granted citizenship on the paternal line.

  16. Once I'm married to my US fiance and we have children together in America, I have heard some alarming rumours about the lack of rights a non-citizen has. I know of a couple (wife English, husband American) who were having major problems with their marriage, but the wife wouldn't cut the chord with him because if she did, he would have custody of the children. Also whenever she tries to take the children out of the USA and he's not present, he has to write a letter allowing her to take them out.

    For the rights issue I certainly was extremely uncomfortable with what happened after 9/11. This rights issue was one of the major drivers to my applying for naturalization. In reality the only time you could have a problem is if convicted of a crime for which the sentence could be more than 1 year. I seem to recall having seen some reports that they would even add up different sentences and deport people.

    There is no automatic custody. It's down to each state. Here in Washington it's assumed that joint custody will be granted unless someone petitions the court otherwise. At that point my atty said I'd need psychologist reports etc. Thankfully my divorce was a very low-key affair without disagreement.

    This whole needing a letter is a farce, plain and simple.

    I've been divorced from my daughter's mom for a number of years. I do have a letter because we both believe that the one thing we want less than to be married to each other is the government messing around in our business. We state in the letter that it covers all trips for a 12 month period.

    My experiences:

    1) Canada - have been crossing the border every 1-2 weeks for about 2 years. Maybe 25% of these crossings I have my daughter with me so that makes about 12-13 crossings. I've been asked for the letter twice. Once I had it and no problem. Once I didn't have it and the Canadian border guard told me I "really should have it" and let me pass.

    2) UK - Both myself and my daughter are dual nationals. The last flight we made back to London I asked British Airways if they needed something and they said they'd never heard of it. Of course, entering the UK we both use our UK passports.

    3) Mexico - We've crossed the San Ysidro/Tijuana border on foot. You go through one turnstile to leave the US. Go through another turnstile to enter Mexico. One customs shack with a random inspection in-between. No questions, no asking to see the letter.

    4) China - The consulate did ask for a letter, "but if I didn't have one that wouldn't be a problem".

    These rules are just a way of punishing honest people. If I really wanted to abscond with my daughter it would be trivial. All it does is give people a false sense of security.

  17. Hi!

    I know the best way to get tax return, is just by ordering the tax transcript from IRS.

    However, we suddenly needed a joint sponsor and hubby about to submit the AOS package, and wouldn't really want to wait 10days for IRS to send tax transcript.

    So, is the copy of federal tax return (that has multiple pages and all the million details) good enough? We were thinking to just send the main two pages (not the extra papers with million non-necessary details) AND supporting schedules, that is 1099 form in our case. Would this be ok?

    Please, if somebody can advice, that would be wonderful! (F)

    If you're going to submit a tax return you should provide a copy of exactly what you filed with the IRS. This would include all of the filed schedules but not the worksheets. You wouldn't need to include the 1099s but you absolutely must include the W-2s. If you electronically filed you should also make sure that the copy provided is signed.

    For my I-864 I included 1 return and 2 transcripts and it went through no problem.

  18. During the SSN interview to show that we are now legally married in the America, will the interviewer ask questions like the interviewer in vietnam at the consulate? I ask because I would like to prepare for the tough questions.

    I just did this with my wife on Monday. We came the CR-1/CR-2 route.

    Maybe some other K-1 folks can say when you can get the SSN. For CR-1 you should get it soon after you enter, and it should have been automatic, but wasn't. Would a K-1 need to get the EAD done first?

    At the office he wants to see documents showing your need for it. http://www.ssa.gov/ssnumber/ss5doc.htm#o-a-n-documents

    We filled out the form and he asked her to "swear under penalty of perjury that it was correct" (sic) and we're done. Hopefully in 10 days we'll have a bright shiny new SSN.

    The SSA isn't interested in how you got your status, just that you need the SSN and that they've got all the docs showing you are who you say you are.

    Compared to the rest of your journey, this one is really easy.

  19. In my case, they collected the green cards when we entered the oath ceremony hall and were seated. So for a while (until we received our certificates in one hour) we did not have any USCIS documentation at all :)

    Yup. Me too on this one, in Seattle.

    They took the card when I entered and went up to one of the windows. It was about 90 mins before I had something in my hand again. I was sitting there wondering what if the fire alarm goes off! :blink:

  20. Hi all, my wife went back to the Philippines 6 months ago and she has been able to get her local police clearance. However we lived in china for 3 years before that and we are unable to go back and get it now. Is there anything we can do?

    How hard did you try?

    My wife had trouble getting her police cert from China too. We got a lot of grief on this at interview in Canada. The basic problem is that she was born Chinese and naturalized to Canadian later. The Chinese government doesn't give a damn what you were, they care what you are right now. If you aren't a Chinese citizen or on a work visa in China they won't help.

    What's worse, if you go in person (or send a representative) to a PSB, not only will they not issue the certificate, they also refuse to issue a letter saying that you're not eligible to receive one. Maybe the bureaucrat is worried that if they write the letter they could get in trouble for incorrectly denying the request. By doing nothing there's nothing to ever prove that you were there.

    If you look at the reciprocity table for China there is a note at the bottom stating that this isn't available to people on tourist (L class) visas. Even with a letter pointing out their own note and providing a copy of the last L-visa in a Canadian passport they still weren't happy and were saying, "well, other people have been able to get them". In reality I think it depends on which PSB you go to, and many (should be ex-) Chinese citizens do not give up their citizenship when receiving another.

    If I was dealing with any bureaucrat other than a consular officer, who could really screw with our lives, I'd have probably have given them more grief on reading their own documentation. As it was, I kept pleading that we tried hard to get the certificate and that they weren't co-operative.

    They did seem to indicate that a letter from a consulate or PSB indicating that it wasn't available would suffice. Maybe this would be your best option. We only tried calling the Chinese Consulate in Vancouver but thinking back, if we'd written to the consulate asking for a certificate they would then need to reject us by mail which would be what we really needed. Maybe your wife could try this with a Chinese consulate in the Philippines?

    With all this said, we were successful in getting the CR-1/CR-2 visas. I'm sure having obtained the Canadian certificate helped and showed that we'd at least made an effort to comply. We also had a recently issued notarial birth certificate which showed we weren't averse to getting the docs from China either.

    Good luck!

  21. My fiancee was born in Europe and has been in the US since she was 4 years old. She's a naturalized US citizen but unfortunately can't find her birth certificate. I have read it on several occasions that If the US citizen was not born in the US, you don't need to have their foreign birth certificate at the interview. She has the naturalization certificate which is essentially a proof of her US citizenship. In addition to the original naturalization certificate, I'm also taking copies of her US passport.

    Has anyone gone through a similar situation before?

    I'm a naturalized US citizen. I just successfully petitioned for my wife and step-daughter, who are also Canadian. I must have done OK because the green cards arrived in the mail this week. For a time-frame I sent the I-130 on Jan 10th.

    At no time did I provide a copy of my birth certificate. I certainly needed them for my wife and step-daughter but not for me. This makes sense because I provided my birth certificate for my adjustment of status from H-1B back in the '90s. USCIS never forgets anything. I didn't provide them with my old A# because I'm now a citizen. When all of the receipt notices arrived I found my old A# attached. I also remember when I went for my naturalization interview the USCIS official had a stack of paper about 2" thick in front of her from everything we'd ever sent to them.

    Also, remember that the interview is nothing to do with the petitioner. Their job was done when they ensured that a visa was available. That said, I was allowed to be present for the actual interview in Montreal, which was probably a good thing because we couldn't get one of the police certificates.

    Just make sure you have your birth certificate and that it shows both your parents. My lawyer forgot that bit for my AOS and it was summarily RFEd.

    Good luck

    Alex.

  22. IMMEDIATELLY, getting my visa stamped with "Cancelled without prejudice" as I arrived here.

    I'm not sure about the other parts of your case but the term "Cancelled without prejudice" means that your visa was cancelled for administrative reasons, you hadn't done anything wrong. The term is a legal term meaning that you are eligible to apply for a visa in the future. When I got my GC the INS officer went through my passport and cancelled all of my visas "without prejudice" and I was just fine.

    Good luck with the rest of your case.

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