biggish data

Misspelled Name on Birth Certificate

My husband's mother's name is Nelida. On her birth certificate, it is misspelled as Melida. So, on her id card issued by Paraguay, it says her name is Melida. We have been putting Melida on all of our documents (marriage license, I-130, etc.) Well, my husband went to get a certified copy of his birth certificate and it turns out that his mother listed her name as Nelida on his birth certificate. He tried to get it changed, but they say it will take about 6 months to change it. Would it be a problem to send the birth certificate with her name as Nelida to the NVC? We were hoping to move to the US in early December.

Stacia, legally speaking yes, you would need to have his birth certificate redacted first and then sent to the NVC, so that all instances of her name are spelled similarly in the process. I am almost sure they will refuse your application because of the misspelling.
Having said that, IMHO you could consider requesting the document to be corrected immediately, and including a copy of the request with your paperwork with a written explanation in your package. Worst case scenario is that they will request that it be corrected before they can take any action, but you will never know if you do not try.
It is also very important that his birth certificate is corrected in case he wants to bring her to the US in the future.
Good luck!

JohnR!

Male

Monaco

2012-06-19 09:53:00

Is this a FALSE checklist?

I just received the following email from NVC inquiry:

A letter was sent to the petitioner or attorney of record indicating the Affidavit of Support requirement for this case is incomplete. Please submit the requested Affidavit of Support form(s) and/or financial evidence, as indicated on the checklist. The requested information must be submitted to the NVC for this file to continue processing.

I already sent in the complete AOS form and supporting document on July 13th! Would it only be a FALSE checklist?

Wait for the letter and you will know what is missing. In this case it would be that the Affidavit of Support was absent from the package, it could have been unsigned or the income of the petitioner might not have been sufficient, amongst other reasons.

Just sit tight until the petitioner gets the letter so he/she will know what needs to be done next.

Good luck!

JohnR!

Male

Monaco

2012-07-25 11:08:00

i-864, q #25

hey guys.....i read a ton of threads about q25, but I couldn´t find any pertaining to my question (they were all about whether it was necessary the 3 years, what if i didn´t file, etc).
My question is..... I have 3 years of tax transcripts which I will include. Which box do I check?

the first box says:
I have filed taxes for the 3 msot recent years, but have attached ONLY the most recent year´s returns.
The second box says:
I have attached returns for the 2nd and 3rd most recent years.

The first box says that I only have 1 year of return, but the 2nd box doesnt say "I have filed taxes." Am I reading too into this? Do I check box #2, or both?

thanks

Check both boxes, as you are providing 3 years of transcripts...

JohnR!

Male

Monaco

2012-09-06 14:22:00

Turbo Tax documents okay?

Sounds like personal records are okay but "telefile" records are not... what are telefile records?

Seems like one would PROBABLY be fine with Turbo Tax docs. If my parents should be comfortably over the limit, maybe it's okay? (They're not rich or anything but should be able to support us fine if necessary...) I don't know if that makes a difference or not in how closely they analyze the information.

When you say 'parents' will you need to poll your dad's and your mom's incomes in order to make the minimum or do the income of either of them is already above the minimum?

I ask because if you need to use both of their incomes, one of them will have to fill out a I864A. If one W-2 alone meets the minimum then I believe the copies, in addition to the support documentation which is required, might be sufficient.

JohnR!

Male

Monaco

2012-09-07 14:17:00

Turbo Tax documents okay?

Good to know. Wish this were more clear/consistent! But I suppose playing it safe is better.

When it comes to these forms, my suggestion is that you check the USCIS website where you can download the latest version of the form and where you can also check the instructions and the documentation needed with each form.

Here is what is required for the I-864:

http://www.uscis.gov.../i-864instr.pdf

The transcripts are insurance, IMHO.

JohnR!

Male

Monaco

2012-09-07 14:01:00

Turbo Tax documents okay?

Have read a few other threads on this but can't get a clear answer...

My parents are sponsoring my husband for a CR-1 visa as we both live in Chile and have no US income. They are planning on sending in the tax documents for the last 3 years (theirs and mine) that they have from Turbo Tax. Along with this they'll include pay stubs, bank info, employment letter.

Is this okay? Or will we get an RFE since they're not Tax Transcripts?

(I'm seeing them in the US in one week so I'm hoping to just get all the documents from them then. I understand that this won't be enough time to get tax transcripts. However, we're still at stage 1 so we're not dealing with the NVC quite yet. Just hoping to get ahead on gathering everything I need as petitions from outside the US seem to be getting NOA2s quite quickly.)

There is no way of telling for sure whether they will accept the copies. They may accept them; or insist on the transcripts. I would play it safe and send the tax transcripts.

Note that they only require the last tax-year transcript but it is always prudent to send them the last three.

Good luck!

JohnR!

Male

Monaco

2012-09-07 13:46:00

Attacks at U.S Embassies

Is it the reason that hold off further interview at the embassies ?

.

IMHO it would be wise to stay away from US Consulates and Embassies in countries where these demonstrations are happening because you may end up getting hurt on your way in or out of the building by the demonstrators. Play it safe.

JohnR!

Male

Monaco

2012-09-13 13:45:00

DS-230 Departure dates unknown

We are pretty sure on the arrival dates so we are going to follow your advice and estimate the departures as best as we can.

Thank you very much for your reply!

That will be more than enough. Many don't even know the arrival dates.

JohnR!

Male

Monaco

2013-06-03 08:02:00

DS-230 Departure dates unknown

Unfortunately she does not have all of them. We are currently missing about 5 departure dates going all the way back to 1998 through 2004.

Thanks for your reply though.

Enter the dates as well as you can remember them, i.e. if you know she visited in 1998, enter the approximate date and make a note to that effect. That will be enough for the USCIS.

Good luck!

JohnR!

Male

Monaco

2013-06-03 07:22:00

anybody ever fly through Rome airport

Just make sure he has plenty of time between flights. Fiumicino can be convoluted and sometimes it is not easy to find connecting information. Other than that, provided there are no major strikes in Italy he should be OK.

The airport is huge by soviet standards but nothing unmanageable.

Good luck!

JohnR!

Male

Monaco

2013-08-13 10:15:00

http://www.irs.gov/I...er-a-Transcript

IRS Tax Schedules

Just trying to figure out what they mean when they ask for my co sponsors IRS 2012 Tax Schedules. Does anyone know where I would get these?

They are talking about all the paperwork you submitted or gathered when you filed your taxes for 2012.

As a suggestion, consider sending your tax transcripts from the IRS instead - see link below. They are preferred over 'tax schedules' for they contain a copy of what the IRS actually has on file. They are free of charge and far better than sending tax forms altogether.

Good luck!

Edited by Gegel, 12 November 2013 - 09:12 AM.

JohnR!

Male

Monaco

2013-11-12 09:11:00

Huge mistake

I've just realized I've made a huge mistake on our I-864 part 6#5 I've put gross income instead total income. We have send our affidavit of support documents on April 12th.What can I do ,now we are just waiting for checklist.My question - after we submit new I-864 form how long does it take NVC to review it? Thank you in advance

If the gross income was sufficient to satisfy the minimum requirement you will be ok.

JohnR!

Male

Monaco

2014-05-02 10:12:00

AOS Package Question

I actually don't have any evidence of "intermingling." I am not able to put her on my bank account without an SSN (I did not now about ITIN until recently) and I was unable to find a bank that would open a joint account for me in India. I have sent her a lot of money, the transfers are the only proof I have. Should I show that at some point?

Suggestion: Have your wife keep her bank statements so if needed you can show withdrawals from your account and corresponding deposits on hers. It is not commingling per se, but it provides evidence there is a financial link between the two of you.

P.s. The stubs won't be a problem because they tend to reflect the level of tax withholding rather then the actual marital status. You can be married but choose to keep your withholding status as single of v.v. The USCIS will not hone in on that. Just make sure your taxes are filed as 'married filing separately'. Once your wife gets stateside and gets her SSN, you can amend your tax returns retroactively, if you want to.

Edited by JohnR!, 01 July 2014 - 07:43 PM.

JohnR!

Male

Monaco

2014-07-01 19:37:00

1338049360[/url]' post='5401655']
OK so this goes to everyone..................We are on the right track here and I don't need to completly flip my lid? hahaha. I just need wait for my NOA2 and see whats next correct?

Geoffrey, I think some here may have gotten lost with semantics. LOL. Unfortunately the written word conveys no inflection...
Regardless of whether a K-3 is rerouted into a CR-1 or converted into enriched nuclear fuel, the fact remains that what your lawyer did will not delay nor expedite the process through which you and your wife need to go. Your next step is to wait for further instructions, if there is a need for more documentation or what not.
Keep your eyes on the prize and sonn enough the two of you will be together. THAT is what really matters, in the end.
Happy memorial day!

JohnR!

Male

Monaco

2012-05-26 11:36:00

1338046009[/url]' post='5401586']
As long as he filled out all the required paperwork for what was once the I-129f/K-3 process though, he hasn't done anything wrong.

That was my point from the beginning... Tomato-tomahto...

JohnR!

Male

Monaco

2012-05-26 11:20:00

You all scared me that my lawyer wasn't legit? I worked hard for that dough and trusted in this man for my family. My heart started racing there.

I realized from the original post that you were concerned at to whether your lawyer was acting in a less-then-professional manner and taking you for a spin.

No he is not. His approach was to surround the issue from all sides. He is taking no chances.

What I did say, and I apologize if it troubled you, was that in most cases, you would not need a lawyer to do the process for you. Albeit seemingly arcane,the entire visa process is not all that complicated, in the end.

JohnR!

Male

Monaco

2012-05-25 12:19:00

So with what I have filed and what I have done so far with my lawyer, it is not entirely off mark and will get the process for my family to be reunited. This is a simple yes or no everyone, Can I get that please? Not a yes but, just a simple yes or no.

Yes. Your lawyer has catered for any contingency by sending in all the troops. I hope your family is with you soon.

JohnR!

Male

Monaco

2012-05-25 11:39:00

I'm sorry but this is very misleading.

The K-3 exists only on paper. Not in reality. It was made for a time when the CR-1 process took years to complete. Recent processing times for CR-1 visas have made the K-3 worthless as the I-129f and I-130 are processed at roughly the same time.

OP: If you applied for a K-3, there would also be an I-130 in your petition package. What will happen is that the I-130 petition (CR-1) and I-129f (K-3) are approved at the same time. Since CR-1 is a superior visa to the K-3, the K-3 will be administratively closed by NVC, and your case will be handled as CR-1. You won't have to do anything but wait for both petitions to be approved at the same, and the K-3 automatically be administratively closed.

If you paid extra for the lawyer to file an I-129f, get a new lawyer and ask for a refund. If he charged a flat fee for both I-130 and I-129f, then you're good to go. But reconsider the lawyer anyway if he told you the K-3 would give you brighter days.

He assured you the K-3 still exists, but forgot to tell you that it only exists on paper.

Yes, in a perfect world one would preclude the existence of the other.

JohnR!

Male

Monaco

2012-05-25 11:22:00

I do have a small criminal record dating back to over 12 years ago. Do you think that may be an issue. It was only for possesion of a controlled substance when I was 19 years old and since then there has been absolutely nothing. I informed my laywer of this and he said he did not think it would be that big of issue. Is it?

Your record should not depose against you in this situation. If it is closed and you are done with it, there is nothing to fear.

JohnR!

Male

Monaco

2012-05-25 11:15:00

I am reading these posts everywhere here that K3 visas do not exist any longer? I paid an attorney alot of money to help me organize and put together my k3 packet. I am very concerned now and have called him to check to see if the k3 is still valid and he assures me it is. Can you all help me make sense of this?

Geoffrey, K-3 visas still exist. They are somewhat more expeditious than the CR-1 process, for they allow for the beneficiary to initiate the process in his/her home country and finish it here in the US.

If you get frustrated with your lawyer, the K-3 is a process you can do on your own, provided neither you nor the beneficiary possess a criminal record. You may check out the following link, by the Dept of State

http://travel.state....types_2993.html

Good luck!

JohnR!

Male

Monaco

2012-05-25 10:39:00

Should We Marry in the U.S. or Canada?

Someone please correct me if I am wrong, but if he comes to the US to marry and declares his intentions to do so at the border, won't he run the risk of not being allowed to enter the US?

JohnR!

Male

Monaco

2012-06-13 08:05:00

K3 Visa Holder

Hi my fellow friends!

I am currently in USA i got here a month ago... I am so bored staying at home.... I would like to ask if i can actually work under K3 visa... can i apply for a social security card... drivers license or a state ID?
Any help is highly appreciated.

God bless

Have you started your AOS process already? If you entered on a K-3 (and not CR/IR) you need to complete the process... If you have already started AOS you need to wait for your EAD before you can work.

Here is a detailed explanation of what a K-3 visa is: http://travel.state....types_2993.html

Good luck!

JohnR!

Male

Monaco

2012-08-21 09:53:00

NON-IMMIGRANT K3 - NON - Immigrant B.S.!!

Thanks - in the mean while , I am faced with 2 options ;

1 - marry my girlfriend in Poland and hope that they will give her a tourist visa when we want/need to visit my mother once a year (although so far the consulate has made it clear that the only option for us is to do a Fiance/Spousal Visa)

2 - try to do the IR1 / CR1 from the consulate in Poland - but I will not get that because I can't do an affidavit of support because I have no income or permant residence in the USA anymore - and I don't have any family or friends that can joint sponsor for the affidavit of support

This whole situation is putting tremendous strain on my relationship - the fact that my Polish girlfriend (together 14 years) has been prohibited from traveling with me to see family in the States is a big "turn off" for her ....understandably

Peter,

The IR/CR is not an option for it only applies if you were going to establish residence in the US. So long as both of you are living overseas the only visa applicable to her case is the tourist visa.

What I believe the consulate has not understood is that she has no intention of establishing residence in the US, thence their suggestion she applies for a K-1 or K-3 visa. I say this because even if you wanted to get her a green card, you would not be able to sponsor her for you yourself do not reside in the US. I honestly believe there has been a communication failure somewhere in her process that has created this disconnect. They are suggesting a visa that does not apply to her and she is asking for a visa they understand not to be appropriate for her case.

If you are going to marry, that might help her get a tourist visa, because you become an additional and strong tie to Poland she will have, in addition to her job, etc.

JohnR!

Male

Monaco

2013-12-16 13:04:00

NON-IMMIGRANT K3 - NON - Immigrant B.S.!!

Thank you Gegel - I suppose it's silly of me at this point to complain about what seems to be a glaring overlook in the US immigration system - I am certain that I am not the only US citizen who has decided to marry and live in another country - I just find it absurd that I can't speak to a Consulate Officer about my situation - I am not speaking on the behalf of a foreign national applying for a US visa - I am speaking solely on my behalf as a US citizen who should have the right to marry and live where I choose in this world and be allowed to travel freely into the US for up to 3 months to visit with my foreign spouse - I would have thought that that is what a "Spousal Visa" is - instead it's not any different than a Fiance Visa - they are both immigrant visas - They should have a visa for the foreigs spouses of American expatriots who live abroad - it would seem there are many people in the military or in business who would fit this category - it's not such a 'niche'

I could not agree with you more. There should be a visa for spouses and parents of US citizens who might give them non-immigrant status for longer periods or for frequent visits. That however would require a complete redesign of the immigration laws and architecture.

The US Consulate in Poland would not be the correct audience for this type of dialogue. If you want to be heard you would need to send a letter to your senator and to the USCIS directly. I am not sure the impact it would make but that is certainly the route to go if you want to be heard.

JohnR!

Male

Monaco

2013-12-16 12:08:00

NON-IMMIGRANT K3 - NON - Immigrant B.S.!!

Why do they call it a NON Immigrant Visa when the applicant is required to immagrate to the US? I am a US citizen ex patriot living and working with my girlfriend in Poland. We have been together for 14 years now. I want to marry her and live IN POLAND - we DO NOT want to live in America, but my family is in the US and we want to visit from time to time. When we apply for a tourist visa, they will NOT give it to her because she is in a relationship with an American and they presume that she will marry and immigrate - I looked at the K-3 Spousal Visa thinking it was for US citizens who marry and live abroad and want to visit the US with their foreign spouses - But it requires the same steps as a K1 Fiance Visa - an affidavit of support filed by petitioner - I can NOT file an affidavit of support because I do not earn an income in the US - I do not live in the US anymore, and I earn very little money in Poland.

It seems they have created an impossible situation for US citizens who choose to marry and live abroad with foreign spouse to return and visit the US to see family - They will not give a tourist visa to her because we are together and I am American, and they provide no real NON Immigrant alternative visa.

What do I do now?

Peter, both the K-1 and K-3 are considered non-immigrant visas, because at the time of arrival at the POE the bearer is not admitted as a permanent resident. It is true that the intent of the bearers is to AOS and become permanent residents, but that does not change the category of these visas. In any case, this distinction is immaterial in the case of your wife, for she is not seeking to establish residence in the US, therefore neither applies to her.

In her case the correct visa should be a B2, which is your garden-variety tourist visa and therein lies the rub. Fro the purpose of tourist visas, anyone who has a US citizen as a boyfriend is considered an immigration risk, because of the thousands that seek admission as tourists and enter the US with the intent to marry and AOS, which is considered immigration fraud. Unfortunately your girlfriend was penalized because of malfeasance of others. This too does not help because the rules are not to change anytime soon.

By the information you give, it seems that she was not able to explain clearly and concisely to the IO what her plans were, or the IO acted precipitously by assuming that she was seeking a fiancee visa, given you are a US citizen.

My suggestion is that she request a new interview, during which she should explain her motives for wanting to come to the US. It should help if she brings along your documentation as evidence you have a job and permanent residence in Poland, which should help her provide ties with her home country, through you. If she does not want to request a new interview in the near future, she should do so once you are legally married, for that will certainly change the entire paradigm before the IO.

Good luck!

JohnR!

Male

Monaco

2013-12-16 10:34:00

Are we eligible ?

Meaning that I cant file unless I have a job already in the states ?

Because I intend to leave my job here and go back to USA with my wife , of course with money saved up in the bank , but I'm not going to have a job immediately

Does that affects our case?

You can file even though you are not residing in the US. That is not a problem when you file.

At some point however you will need to relocate for you must be in the US when your wife arrives. Besides, as part of the process you will need to file an Affidavit of Support - I-864 - and become her financial sponsor. Savings may help and depending on your situation you may need to find a co-sponsor as well.

In the end, you will need to get home a few months before her.

JohnR!

Male

Monaco

2014-01-20 13:23:00