ForumTitleContentMemberSexCountryDate/Time
US Embassy and Consulate DiscussionHow difficult are the forms?
What documents are you talking about? it would help if you were a little more clear. I don't know about the consulate you are using but the forms were available in the native language of my fiancee plus available in english. the numbers are the same for the questions on both forms so you would be able to walk through it with your fiancee. I would go to the website for your fiancee's consulate and see if they have the forms available for you there.
AndyMisiuMalePoland2006-11-24 07:15:00
US Embassy and Consulate DiscussionIMBRA strikes again at Interview!!
Called the Embassy to check the status of the visa. The lady on the phone talked directly to the CO and was told that they are still waiting to hear back from Washington on what to do.

You know, this is just great!! waiting on Washington to tell us about a procedure that hasn't even been created yet!! what will they do? wait until they come up with one? or will the verbal at the interview be enough? only time will tell, our time!!!!! I bet they forgot all about the IMBRA law and how to implement it at the Consulates!!

Just venting a little, while I wait in the dark for Ania's visa in Poland!! I hope it's soon!!!
AndyMisiuMalePoland2006-11-27 11:01:00
US Embassy and Consulate DiscussionIMBRA strikes again at Interview!!


This just goes to show that the consulate does not do much advance preparation time on the files before the interview, because one would have thought that if they had seen it even a day before they arrived they could have called then for proper procedure.


It's sheer numbers. There are FAR more people immigrating to the US than any other country in the world. The volume of petitions is what causes delays start to finish. Which is why comparing the processing of immigration nation-to-nation (as happens in the UK forums frequently) is pointless.


I even told the CO that we bought plane tickets for the 5th of december.


Oh #######.

Well we had done the same thing.

Andy, I think it's all going to turn out, but as I like to hedge my bets, if I were you I'd phone to see how much it might be to change the tickets in case the holidays do cause a hold-up.

I've already had to do it twice in this trip!! it's $200.00 each time!! boo!!! now I would have to do it for two tickets!! I hope we get it before we have to change the tickets!! I think it should be ok




This just goes to show that the consulate does not do much advance preparation time on the files before the interview, because one would have thought that if they had seen it even a day before they arrived they could have called then for proper procedure.


It's sheer numbers. There are FAR more people immigrating to the US than any other country in the world. The volume of petitions is what causes delays start to finish. Which is why comparing the processing of immigration nation-to-nation (as happens in the UK forums frequently) is pointless.


I even told the CO that we bought plane tickets for the 5th of december.


Oh #######.

Well we had done the same thing.

Andy, I think it's all going to turn out, but as I like to hedge my bets, if I were you I'd phone to see how much it might be to change the tickets in case the holidays do cause a hold-up.


I've already had to do it twice in this trip!! it's $200.00 each time!! boo!!! now I would have to do it for two tickets!! I hope we get it before we have to change the tickets!! I think it should be ok
AndyMisiuMalePoland2006-11-23 09:17:00
US Embassy and Consulate DiscussionIMBRA strikes again at Interview!!



Weird.

Andy, what time of day was it in Warsaw when you interviewed relative to the time in Washington?


Warsaw is +6 from Washington. This just goes to show that the consulate does not do much advance preparation time on the files before the interview, because one would have thought that if they had seen it even a daybefore they arrived they could have called then for proper procedure. Now with today being a holiday and Friday being a half-@ssed work day, it might be Monday before they get an answer.


I'm thinking they resolved it yesterday.


I think so too, or at least by Friday. The lady on the phone at the Embassy said if they didn't take care of it tonight, probably on Friday because Thursday is a holiday. She said to call on Monday. Everything should be cool.

Edited by AndyMisiu, 23 November 2006 - 08:56 AM.

AndyMisiuMalePoland2006-11-23 08:53:00
US Embassy and Consulate DiscussionIMBRA strikes again at Interview!!



Weird.

Andy, what time of day was it in Warsaw when you interviewed relative to the time in Washington?


It was 10:00am in Warsaw, that makes it 4:00am in Washington


Ah. Which means there was no one they could phone at the time you were there......


Correct, I double checked and asked about 8 times if everything was ok with the visa. The CO and the lady on the phone at the Embassy assured us it was. Plus they took her passport.

I just hope they don't do something crazy, like wait for a procedure to be made, mail it back to USCIS as a mistaken recall, or something like that.

But since it's Warsaw and there pretty good, I have faith everything will be taken care of in a timely fashion. I even told the CO that we bought plane tickets for the 5th of december. She said it should be cleared up by then and even said after that, that they have to clear it up by then. The CO turned out to be really nice!! but we all know they don't HAVE to do anything.


Weird.

Andy, what time of day was it in Warsaw when you interviewed relative to the time in Washington?


Warsaw is +6 from Washington. This just goes to show that the consulate does not do much advance preparation time on the files before the interview, because one would have thought that if they had seen it even a day before they arrived they could have called then for proper procedure. Now with today being a holiday and Friday being a half-@ssed work day, it might be Monday before they get an answer.


right, the CO didn't even look at the file until it was infront of her Wednesday morning. They take about 15 to 20 minutes to review each case, get there questions ready, and then call you to the window.
AndyMisiuMalePoland2006-11-23 08:51:00
US Embassy and Consulate DiscussionIMBRA strikes again at Interview!!
Thanks for your replies. The only thing that might have me a little worried is the fact that I don't even think Washington know's what the procedure is. I don't think they've even made one yet or come even close to finishing the hand books that were talked about. I think all there supposed to do is mail the information given by the petitioner along with any other information they may have found.

I've also heard rumors of a pre-informative interview with time given for the beneficiary to think things over and be sure. I also heard that they would just go over the information at the interview.

So, who really know's what the procedure is. I think that's why the CO was glad to see me at the interview and wittiness that Ania knew everything. Plus I wrote a supplement for each conviction explaining everything to whom it may concern. Plus a copy of each supplement addressed to Ania explaining everything to her if the USCIS felt the need to mail the information.

I think they'll just contact Washington, tell them that I was at the interview and the CO witnessed Ania being informed of the information. Is it ok to issue the visa? then they will mail it. She said my convictions were minor and it shouldn't be a big deal or problem.

So, I hope evertyhing will be cleared up and have the visa by next week. Warsaw is very good and fast and it's just a phone call. I hope!!

Weird.

Andy, what time of day was it in Warsaw when you interviewed relative to the time in Washington?


It was 10:00am in Warsaw, that makes it 4:00am in Washington

Edited by AndyMisiu, 23 November 2006 - 08:45 AM.

AndyMisiuMalePoland2006-11-23 08:41:00
US Embassy and Consulate DiscussionIMBRA strikes again at Interview!!
There we were, Ania and I sitting in the waiting room for her number to be called. I was trying to keep her cool while noticing that one of the three CO's was quick, thorough, interrogative, cold, and didn't seem to give people the time of day. I kept Ania cool as we saw her (damnit) pick up Ania's file and start to thumb through the file. I noticed that she was spending a lot of time looking through my conviction information that I sent to comply with IMBRA. I started to sweat a little as I watched the interviewer scratch her head and look confused. "What's taking her so long" Ania asked, "I don't know sweetheart but everything is ok" I replied.

Then her number appeared at the window calling for us to step up for her interview. The CO had Ania raise her right hand and swear to tell the truth. Then she asked "have you been to any other country for longer than 6 months?" Ania replied no, then the CO asked "when did you meet each other?" Ania gave her answer, then she turned to me and said "and you've been to Poland a couple of times, correct?" I replied yes. She said "ok".

I started to joke with the CO a little "hey you've got a lot of papers there huh? all about me it looks like" we all laughed as the CO said "yeah mostly about you". I than said we have more documents and supporting information if you would like to see them, she replied "documents are not the issue at this point" hmm.. what's that supposed to mean?

I then watched her staple a blue piece of paper to the front of the file and walk away. I leaned up in the window to get a look at what the paper said "Refusal Work Sheet" I was really, really worried at this point, turned to Ania and said "things don't look good sweetheart" Ania said "please don't scare me right now".

The CO returned with a big smile on her face and said "ok, her's the problem", then she explained "Everything is ok with the visa and you are approved, but I can't issue the visa today. There is a new program, a very new program designed to protect woman against violent men and inform them of any past convictions that your fiancee might have. It's meant for people who haven't known eachother for so long and enables the beneficiary to better know who there getting involved with" She said "the law is more for violent offenders but some minor things got wrapped up in the law such as your drinking and driving offences". She asked "that's all that you have, correct" I replied yes. Then the CO said "the problem is you are the first case we've had like this and we don't know the procedure for informing the beneficiary" she added "it's good that you (Andy) are here with your fiancee and that we've all talked about it" she then asked "your (Ania) aware of all his convictions with the drinking and driving and both have talked about this, right?" Ania replied "yes, we've been through a lot of this together".

Then the CO said she would need to contact Washington to find what there procedure would be for informing the beneficiary. Whether the verbal conversation we had at the interview would be ok or if there was something is writing that needed to be done. She said it was good that we were all there together and that the CO witnessed Ania acknowledge she was aware of everything. The CO said that everything is a go with the documentation and the visa but she just needs to clear things with Washington. The CO then started to put together all of the visa paperwork, had Ania sign the DHL mailing paper, took her passport, and said they would mail the passport back with the visa inside after they here from Washington. She said it should only take a couple of days to clear things with Washington.

I then asked "so we can feel happy walking away from here today?" she replied yes "it's just a technical thing, not a documentation issue. The visa is approved, we just need to make sure we're doing things right" I then said "ok, because you had me a little worried with the blue paper on the front of the file (Refusal Work Shet" she said "oh, no that's ok, it's just procedure because we couldn't issue the visa today, I have to write what the next steps are, everything is fine". she said "it's really a good thing that your here today and this shouldn't be a problem with Washington, give us a call on Monday and check the status, we should have things cleared up by then"

So Ania and I walked away feeling confused and a little worried that maybe she was just being nice. So you know me!!! I called the Embassy 5 hours later to check the status. The lady who answered the phone said "there is no problem with the visa, it's not a documentation issue, it's a technical issue that needs to be cleared with Washington. Your visa should be mailed to you shortly, check back in a couple of days". We felt better after hearing it from another person that the visa had been approved!!

Well, to make a long story short. The Embassy's are still in the dark on how to implement the IMBRA law and how to inform the beneficiary. So IMBRA has truck again and is holding things up still. I will put our entire experience on the site when Ania has her visa in hand. Thanks for all of your support and I will tell you IMBRA folks how things go!!
AndyMisiuMalePoland2006-11-23 08:18:00
US Embassy and Consulate DiscussionVisa being mailed!!!
Well, I have great news!! I called the Embassy on Tuesday to get the status of Ania's visa. After telling me there was no change in the status and no word from Washington, I started asking some questions just to make sure we weren't going on the back burner. I learned that Washington has 3 business days to respond to visa issues by rule and they check the status daily. The lady put me on hold as they checked the status again and returned with the good news that the issue was resolved and they can issue the visa. It will be in the mail DHL today.

So, it looks like a verbal at the interview is good enough for the time being in Warsaw Poland for informing the beneficiary of any convictions involving IMBRA for the petitioner.

This is truly a great feeling and now we can enjoy her approval :dance: :dance: :dance:

Thanks for all of your help thus far, stay tuned for AOS!!!!
AndyMisiuMalePoland2006-11-29 04:29:00
US Embassy and Consulate DiscussionInterview on Thursday NOV 30!
Good Luck Cap!! the interview should be a breez!!! you did all the leg work now it's just time to collect the visa!! you'll be fine!!! lots of luck!!
AndyMisiuMalePoland2006-11-29 15:18:00
US Embassy and Consulate DiscussionVisa in Hand!!
Thank you everyone!!!!!!! for all your posts on all the threads!!! it's a great feeling!! something inside you really changes when you know your fiancee is coming for sure!! it's a wonderful feeling!! greater than anything I've ever experienced!! I wish all of you the best!! and for sure, I'll see you all in the AOS forum!!!

We're coming home soon!! boy do I miss the states, it's been almost 7 weeks that I've been in Poland, but the journey has been great!!!

Good Luck to everyone!!!! and once again........thanks!!!!
AndyMisiuMalePoland2006-12-01 17:48:00
US Embassy and Consulate DiscussionVisa in Hand!!
Just wanted to let some of you inquiring minds know that Ana's visa was received this morning (in hand) via DHL!! :dance: :dance: :dance:

I posted the review on the Embassy Reviews page!!

Thanks everyone!!!!!!!!

Edited by AndyMisiu, 30 November 2006 - 09:07 AM.

AndyMisiuMalePoland2006-11-30 09:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs the CR-1 different than the K3?
Well, as most of you know I've been struggling with the stresses of my petition :wacko: . I mean, I've been spreading my personal business all over this site like butter on toast :lol:

After talking to several VJ members I decided to seek the consultation of an immigration lawyer. I found a lawyer on the internet who does free consultations. I told him my story and concerns of IMBRA. He told me to relax!!! he said they are looking for domestic violence and the law is mostly geared towards people who met through a marriage broker. He asked how we met?, in states, no problem! he asked if this is my first petition? yes, no problem! He asked what the convictions were? DUI's, no problem! He said Police records do not come certified in the state of Maryland and the certified court records showing charges and disposition should be good enough. If they even feel the need to investigate further (knowing the nature of the crimes he doubts it) they can get all the information they want. He said it's a good thing I sent in the Police records I had anyway, it shows intent.

He said they may take longer to adjudicate my petition because of extra name checks and the possible investigation of other "hits", but since the other "hits" are not listed as "specified crimes" they will be ok. He said at the end of the day my petition should be approved. That was music to my ears!!

If worse comes to worse (which I'm not worried about anymore) I talked to the Embassy in Poland and the lawyer about DCF. They said there would be no problems of convictions for the petitioner in that visa process. I also don't have to be a resident, just physically present to file.

so, I think I might actually get some work done today :thumbs:

Edited by AndyMisiu, 03 August 2006 - 09:19 AM.

AndyMisiuMalePoland2006-08-03 09:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs the CR-1 different than the K3?
No, I don't take any of this personal. You could never know the personality behind the screen name. I know I look horrible in the eyes of the reader and that's ok. I wouldn't have wanted to be on the same road as anyone either. I'm actually a public speaker on the effects of alcohol. I also speak to children about making better choices for there lives. But I'm not here for character building, that's not what's important. I'm just trying to make it through this process. I did everything a lawyer would suggest. If you've followed any of my story you'll know that I e-mailed over 300 lawyers across the country and talked to 20 direct on the phone. They didn't know what side was up or down. I'm the guinea pig so people can give better advice and so lawyers will know what to do. I'll just have to wait and see.
AndyMisiuMalePoland2006-08-02 17:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs the CR-1 different than the K3?
Jersey girl & everyone else,

Here is the story in a nutshell:


Well, the Cr-1 doesn't ask you to provide any evidence for convictions that I'm aware of. I wouldn't have to deal with any of this IMBRA stuff at all. See, I'm only worried because they ask for certified court and police records that show charges and dispositions for every such case. Well, I went to 4 counties (county) where I've been to court (I know, I know) and got certified court records showing charges and dispositions, 3 for DUI and 1 for open container. I was only able to get police records for 3 of the 4 counties.

The memorandum I read said to deny the petition if all the information was not sent back with the RFE. I wrote a letter of explanation for each case, a letter to the beneficiary, and information showing charges and dispositions. I'm hoping they feel it's enough information about the cases. I am worried that they can deny it because of missing that one piece of information.

If I go the route of a CR-1, IMBRA doesn't apply. Now, they might ask questions about it at the interview, like why the petition was denied, and we could explain it was a technical thing and not a certain crime I committed.

I was also worried because I have a charge of "assault" which I got for being in a fight with a guy. There not asking for this charge in the I-129F. However, if you fall under a multiple petitioner, they have additional grounds for denial. Assault does fall under that and you need a waiver for it. So, if I were denied because a lack of evidence, I was worried I would then be a multiple petitioner and wouldn't be approved for a waiver. Now, I did find that I wouldn't be a multiple petitioner. You are only a multiple petitioner if you've had an approved petition within 2 years or 2 or more petitions ever. I would hope they wouldn't approve me and then deny me at some later stage, that would be cruel. I hope this all makes sense.

I looked at the Warsaw website and found out that I can file direct to the councilor in Warsaw or Krakow in Poland for an I-130. They only ask that I physically be in Poland when filing. I would do this if I had to.


I pray everything will be ok with the I-129F though. Thanks for all your support!!!

Edited by AndyMisiu, 02 August 2006 - 03:34 PM.

AndyMisiuMalePoland2006-08-02 15:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs the CR-1 different than the K3?
Tigerfurtune,

I really feel for you!! that's messed up!!!

Everyone,

I found out that I can do a direct councilor filing in Poland. I only have to be physically present when filing. That means I could move there for 6 months or so for the processing. I wouldn't have to deal with USCIS, just the councilor direct. This sounds even better than the idea I had before. I hear it's pretty fast too. I think this will be the plan if the I-129F doesn't work out. What do ya think?


Since your SO is from Poland it might take less time at the US consulate in her home country but in any case expect at least 14 months for CR1.

Not necessarily so. There are many many CR-1 cases that have taken only 6-8 months. All one has to do is look at the timelines. Yes this is dependent on if and how long one is caught up in security checks based on name hits or country of the beneficiary, and on the time an individual consulate takes for the scheduling of an interview. There is no standard length of time.

The K-3 would also not assist Andy as if he does get married and refiles, the I-129F for spouse is subject to the IMBRA just as the I-129F for a fiance.


I like the CR-1 direct filing idea!! if worse comes to worse.

Edited by AndyMisiu, 02 August 2006 - 02:35 PM.

AndyMisiuMalePoland2006-08-02 14:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs the CR-1 different than the K3?
You know what! I'm really beating a dead horse here. I can't do anything about it now. I just have to wait.
AndyMisiuMalePoland2006-08-02 13:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs the CR-1 different than the K3?
Yodrak,

in response to: "I wouldn't pull my I-129f for fiance(e), get married, and petition for a spouse for the reasons that Andy seems to be doing it. Especially now that his background information is in his fiancee's case file."

I don't care what information is in my fiancee's case file as long as it's not grounds for denial. IMBRA effects the I-129F. If IMBRA does not effect the CR-1 than they can't deny my petition for the reasons of "technicality" or "lack of evidence" that I'm worried about.

And for "what reasons" are you referring to? I don't want to pull anything. We're getting married regardless of what visa we use, that's the reason, we want to be with each other for the rest of our lives.

I feel better though because the limitations on the K-1 are for approved petitions under 2 years or two or more petitions filed. I would be able to file again with more information and not be effected by the limitations placed on number of petitions. My case can't be denied for the crimes I've committed. They can just make it difficult if they want to.

I'm trying to figure out my options, that's it!!
I'll just have to wait and see.

But if I filed the CR-1, it would be for one reason only! to be with my love

Edited by AndyMisiu, 02 August 2006 - 01:15 PM.

AndyMisiuMalePoland2006-08-02 13:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs the CR-1 different than the K3?
Thanks!
AndyMisiuMalePoland2006-08-02 12:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs the CR-1 different than the K3?
Yeah! sit tight!! Half full!!! sounds good. They won't find any of the domestic violence or sexual stuff, because I didn't do any of that. I did get into a fight with a dude at a party. That's all I'm worried about, but assault is not on the petition. One of the counties I got information for only had certified court records, the State Police don't offer police records. So I sent in the certified court records showing charges and disposition, this is why I'm worried.

So, I don't want to turn this into an IMBRA thread. I just wanted to see if denied the K-1, that I could get married and file for a CR-1, that's all.

Edited by AndyMisiu, 02 August 2006 - 11:43 AM.

AndyMisiuMalePoland2006-08-02 11:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs the CR-1 different than the K3?

Andy, I'm not sure you "have options," since you already petitioned for a K1 fiancee.

Unless ... you marry her ... withdraw the K1 fiancee petition ... then file the I-130 for your spouse. This might avoid further IMBRA questions but you'd be separated longer. Anyone know if this is a viable (or advisable) strategy?

(I'm assuming you want to avoid questions about your background rather than looking for a faster method.)


My background is fine, my fiancee know's everything, there are no problems there. I wouldn't hide things from my fiancee, I'm not an as*hole!! just someone who lived a little crazy and obviously made some life changing poor decisions. I have multiple alcohol related charges and the whole thing is confusing. I have a charge that's listed under the background information required for people who file multiple petitions but not on the I-129F's list of convictions. I know this is my first petition but they could still FU#K with me. The problem is, my petition can be denied if they aren't satisfied with what I've provided as supporting evidence. If it gets denied than I become a multiple petitioner. If that happens the charge that falls under the multiple petition umbrella is grounds for denial and needs a waiver of compelling circumstances. You can start to understand the issues here by this e-mail. I read the new memorandum that's floating around and the whole thing has me sick. I could still get caught up in name checks, background checks, administrative reviews, and any other discouraging tactics they may want to use.

We were going to get married in Poland and file the I-130, that seems to be a more sane way at the moment. I'm still going to hang in there to see what happens to this petition, but if worse comes to worse we will continue with our marriage plans and file the I-130. I'm not fu#*ing with these people and they won't keep us apart!!! sorry! if I'm a little upset but the whole thing has me sick

Edited by AndyMisiu, 02 August 2006 - 10:24 AM.

AndyMisiuMalePoland2006-08-02 10:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs the CR-1 different than the K3?

IMBRA does not affect the I-130 (CR-1) only the I-129F for fiance or spouse. However once you have an approved I-130 and forwarded to NVC, the NVC process will take 2-3 months minimum depending on if you use the Timesavers or James Shortcuts. The one good thing about NVC for the CR-1 is that you have more control as you are actively involved in the process, not just waiting. And ultimately this leads to the CR-1 immigrant visa, the green card and nothing to do until 90 days prior to the 2 year anniversary of entry to the US.


I'm just getting a little confused because people talk about filing an I-129F for K3 applicants. And both the K3 and the CR-1 use the I-130 form. I guess I just don't really understand the K3 process. Well, at least I have options!! I'm really leaning towards filing an CR-1. I will just wait and see how I'm adjudicated.
AndyMisiuMalePoland2006-08-02 08:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs the CR-1 different than the K3?
Is filing for a CR-1 different than filing for a K3? I filed an I-129F but I'm afraid I will get caught up in the bureaucracy due to IMBRA. Me and my fiancee would rather be part of an adjudication process that was a little more straight forward. I can't stand not knowing what's going to happen. I know you have to file an I-129F for the K3 process, is it different for the CR-1? is IMBRA involved?
AndyMisiuMalePoland2006-08-02 07:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan I mail additional documents (not requested) before getting RFE'd?
oops! nevermind!!

Edited by AndyMisiu, 03 August 2006 - 08:14 PM.

AndyMisiuMalePoland2006-08-03 20:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresApproved
congrats!!!
AndyMisiuMalePoland2006-09-11 15:07:00
K-1 Fiance(e) Visa Process & ProceduresI have a question on applying for a Fioncee Visa
Thank you everyone!! I called a lawyer and they said it wouldn't matter! I guess it wouldn't hurt to retract the application for extra measure!
AndyMisiuMalePoland2006-03-30 20:54:00
K-1 Fiance(e) Visa Process & ProceduresI have a question on applying for a Fioncee Visa
Hi everyone,
I met my girlfriend while she was visiting from Poland on a 6 month visitors visa. We were together for 3 months of this time. We have since been communicating via the internet for the past 5 months. We have been together for a total of 8 months. I am planning to visit her from April 14th until June 14th (2 months) and propose to her on the trip. I will come home and file for a fiancée visa to marry here in the US. My girlfriends sister is married and has lived here for the past 6 years. I know that the sister is applying for some type of sponsorship visa to bring her sister here permanently. My question is this: Will this present a problem for a Fioncee Visa? should I tell her to remove the application now, before I leave? should I wait until I return? We have plenty of proof that our relationship is for love rather than immigration. I have saved every a-mail, letter, and picture that we have together. Can you give a little advice on the matter. Do you think that since she is currently applying for a visa it will present a problem for a fioncee visa?
Thank you, Andy
AndyMisiuMalePoland2006-03-27 17:43:00
K-1 Fiance(e) Visa Process & ProceduresFiling K1 I-129F after March 06,2006
Hi everyone!! I am new to this site and have enjoyed reading through all of the wonderful news and advice. I am about to come home to the states from a two month trip to Poland. I am currently in Poland visiting my new fiancee. The advice I need is on filing a new I-129F petition after this whole IMBRA situation. Should I file the old form? wait for a new form? send a signed permision form for a background check? send in police records and court records of myself? has anyone any new information on this subject? has anyone heard anything?
AndyMisiuMalePoland2006-06-01 04:25:00
K-1 Fiance(e) Visa Process & ProceduresIMBRA QUESTION
There is already a new form on the way. You should do some reading in the thread:

Lets collect some information on IMBRA effects

I would start reading around page 43 and go from there. You will find a draft of the new form and a good amount of advice and confusion from people who have called USCIS. From what I've read, hearing about the emergency form, and a lot of other things. I feel (hope) there should be a new form out by June 6th and for sure before August (nothing is for sure). If you check one of the boxes on the new form stating that you have a conviction for one of the crimes listed or 3 convictions for drugs and alcohol, then you are required to present police, court, and jail records for the cases. If you fail to do so then you can expect an RFE and a delay in the process.

Remember when reading the threads that most of the people posting have already sent in there applications and had them sent back. Some of these people were actual at the interview stage and had them cancelled. I couldn't imagine this!!! so there's a lot of crazy stuff going through there heads and posts. I don't blame them and feel really sorry for them. I, like you am not sending in my application for another 3-4 weeks. I got caught up in the confusion because I was scared it wouldn't be resolved by then and would carry long delays. From what I read in the posts I feel (hope) everything will be resolved by then and moving along. LDR's come with there hardships and stress, just remember what doesn't break you, makes you stronger!! good luck!! to us both!!
AndyMisiuMalePoland2006-06-02 12:02:00
K-1 Fiance(e) Visa Process & ProceduresAlien Registration Number
My fiancee previously filed for an "Immigrant Petition for Relative" form I-130 with her sister. They sent the petition to the Vermont service center approximatly 4 months ago. They did not recieve an A# on the reciept and there is no approval since the petition is still pending.

The questions are:

Would she have an A#?

What if I don't know it before filing the I-129F or the biographics form, should I put none?

Is there a way to find the A# number through the USCIS?

Let me know!! thanks!!
AndyMisiuMalePoland2006-06-05 11:58:00
K-1 Fiance(e) Visa Process & ProceduresBeneficiary Unemployed
Thanks!! It might have been a dumb question but we're talking about being with the one I love sooner than later. So, I will make sure I'm clear on everything and that all dumb questions are answered. Thanks everyone for you opinion.
AndyMisiuMalePoland2006-06-03 03:06:00
K-1 Fiance(e) Visa Process & ProceduresBeneficiary Unemployed
My fiancee has never had a job. Well, the one she had was paid under the table. I'm putting unemployed on the application. Should I put "none" or "unemployed" from the time she was born to the present. Has anyone heard of this being a problem?
AndyMisiuMalePoland2006-06-02 17:07:00
K-1 Fiance(e) Visa Process & ProceduresAverage time?
yeah! true that!!!
AndyMisiuMalePoland2006-06-09 07:23:00
K-1 Fiance(e) Visa Process & ProceduresAverage time?
I'm going to be using the Vermont Service Center, from what I've been reading I should consider myself lucky, they seem to be the fastest. I've looked at the time lines and I've taken the IMBRA hold up into account. My questions is this:

If IMBRA delay is over on the 9th and everything went smooth with the application process, approximately how long does the process take to get my fiancee to the states using the Vermont Service Center?

It looks like 2-4 months from the time-lines I read for Vermont! can somebody confirm this and make my day great!!!

Good luck to us all and I pray for an IMBRA solution!!!!!
AndyMisiuMalePoland2006-06-08 03:22:00
K-1 Fiance(e) Visa Process & ProceduresPassport Style Photo
Why does it state in the I-129F to get a passport style photo with a 3/4 frontal view when passport photo's are full face frontal?

Has anyone had a problem with this?
AndyMisiuMalePoland2006-06-16 10:35:00
K-1 Fiance(e) Visa Process & ProceduresHand-written petition
Has anyone had a problem with hand writing the petition and the G-325A forms. I hand wrote it and it looks good, but a little smooshed since the blanks are a little small. Just a question.
AndyMisiuMalePoland2006-06-19 23:15:00
K-1 Fiance(e) Visa Process & ProceduresLetter and Proof of Meeting
I added the correct dates. so, now you are all saying this is good, correct?
AndyMisiuMalePoland2006-06-22 08:01:00
K-1 Fiance(e) Visa Process & ProceduresLetter and Proof of Meeting
I was wondering if you all could comment on my letter of meeting in the past 2 years concerning the I-129F. Let me know if it's good enough or what I should do to make it better. Here it is:

I Andrew James Solomon first met Anna Polak in August of 2006 while she was visiting the United States of America on a tourist visa. We saw each other on a weekly basis for three months regularly before she had to return to Poland on November 16, 2006. After her return we remained in contact with each other using the Internet. We corresponded for five months via e-mail, instant messaging, Long distance phone calls, letters by mail, and Internet communications programs. On April 14, 2006 I flew from the Washington/ Dulles International Airport (IAD) on a connecting flight to Krakow/ Balice Airport (KRK) to be with Anna. I spent 2 months in the town of Mszana Dolna living with Anna before having to return on June 14, 2006 to the United States of America. We got engaged on May 24, 2006 after I surprised Anna by asking her to marry me.

Documents of support will be:

1. Date/Time stamped photo's in front of the Mszana Dolna street sign, Balice Airport sign, other random street signs.
2. Copy of passport stamps
3. Boarding Passes and Itinerary
4. electronic ticket receipt
5. engagement ring reciept
6. e-mails planning the trip

Do you think this all should be good enough?

Edited by AndyMisiu, 22 June 2006 - 12:01 AM.

AndyMisiuMalePoland2006-06-21 23:59:00
K-1 Fiance(e) Visa Process & ProceduresSending without Criminal history?
Here are some of the e-mail responses from lawyers:


Dear Mr. Solomon:

Thank you for your inquiry. You only have the two DUIs. The law states 3.

However, you are testing the law based on your PBJs. This is a new
requirement. It is difficult to determine how they will judge your PBJs.

It may help to be honest and upfront. However, the choice is your's.
________________________________________________________________________________
__

Dear Sir:

I would suggest obtaining copies of the court records and having your
immigration attorney review them before submitting them to the USCIS.

Section 101 of the Immigration & Nationality Act sets forth the definition
of a conviction for immigration purposes so your attorney should be able
to give you an answer as soon as he/she reviews the records.
________________________________________________________________________________
___
Thank you for your inquiry.

You'll be asked to provide backgounds relating to any type of criminal charges including PBJ. Thank you.
________________________________________________________________________________
____

You will be required to disclose all your convictions since PBJ is a
conviction for immigration purposes. You did not mention what the other
misdemeanors were for - however, the purpose of the new law is to disclose
your criminal history to your fiance. So you may have to disclose those
convictions as well.
________________________________________________________________________________
____

PBJs are considered convictions for immigration purposes. I am not sure
what you last question is - are you the petitioning fiance or the
beneficiary? If the former, no. If the latter, yes.
Naima Said
________________________________________________________________________________
_____

I have had several other e-mails stating that I will not need to submit the dispositions. The only reason for not wanting to get them is the waiting!! I want to send this application in now!! not later!!

Here is the definition of Probation Before Judgement:

Probation before judgment (PBJ) provides a means for a first offender to avoid having a conviction entered against him or her. PBJ works as follows:

The offender enters a plea of guilty or nolo contendere.
The Court defers further proceedings and the entry of a judgment of conviction against the offender.
The Court places the offender on probation for a period of time with such terms and conditions as the Court decides are appropriate.
If the offender complies with the terms and conditions, at the end of the period of probation, no conviction will be entered on the record.

a procedure whereby the defendant enters a plea of guilty or nolo contendere and the Court defers entry of a judgment of conviction and places the defendant on probation under the terms and conditions that the Court decides are appropriate. If the terms and conditions are met, no conviction is ever entered on the defendant's criminal record.


this is a small bit about federal firearms law:

13. Is a person who received "probation before judgment" or some other type of deferred adjudication subject to this disability?
What is a conviction is determined by the law of the jurisdiction in which the proceedings were held. If the State law where the proceedings were held does not consider probation before judgement or deferred adjudication to be a conviction, the person would not be subject to Federal firearms disabilities.

So, I guess I will just go to the court house and get the records as my sweetheart know all about my past and I want to avoid any delays or problems.

Edited by AndyMisiu, 22 June 2006 - 08:08 PM.

AndyMisiuMalePoland2006-06-22 20:06:00
K-1 Fiance(e) Visa Process & ProceduresSending without Criminal history?
Do you know anything about Probation Before Judgement? do you have an opinion if I should send in the I-129F first and wait for the RFE?
AndyMisiuMalePoland2006-06-22 17:51:00
K-1 Fiance(e) Visa Process & ProceduresSending without Criminal history?
I am applying for the K1 fiancee visa. I 'm the petitioner and I'm not sure wether or not I will need to send in the criminal background check. I have a 2 convictions for driving under the influence and a couple of probation before judgements. Probation before judgement in Maryland is not a conviction. I have called and e-mailed over 100 lawyers and got mixed results. Some say the probation before judgement is considered a conviction on the federal level and others say it's not. So, some lawyers say I need to send it and others say I don't.

I'm gonna go ahead and get the background check from the state police department but it takes 30 days to receive it. I want to send in the application now and see if it flies or not. If they give me an RFE I hope it will be around the same time I would be receiving the background check and I can send it in.

What's all of your opinion?
AndyMisiuMalePoland2006-06-22 17:21:00