biggish data

February Filer Dominican Republic

Express mailed my I-129F Packet today. So begins the journey. Will keep everyone posted

DarkKiss

Not Telling

Dominican Republic

2014-02-24 17:41:00

I129-F Received via Express Mail....No Email or Text Yet

Similar situation. Our package arrived on the 22nd, according to USPS tracking. We haven't heard yet.

It's so hard not to have any control. I think that is the worst part. Once the package is sent, it's all out of your hands.

Hope you hear soon!

Thanks same to you

DarkKiss

Not Telling

Dominican Republic

2014-02-26 20:16:00

I129-F Received via Express Mail....No Email or Text Yet

Patience is the name of the game for you, from now on.

I'm digging in for the long haul. Thanks everyone!!!

DarkKiss

Not Telling

Dominican Republic

2014-02-26 20:14:00

I129-F Received via Express Mail....No Email or Text Yet

I sent our 129F packet via express mail on 2/24/2014. Using the USPS tracking number, it was received in Lewisville, TX and signed for at 11:30 a.m. on the 25th. I haven't received and email or text yet. Is it too early to be worried? How long does it take after it is received before they send you an email? How long after the email do you receive the NOA1? Thanks in advance.

DarkKiss

Not Telling

Dominican Republic

2014-02-26 10:43:00

You are correct in that the directions for the I-129F refer to actions against your direct family. However, because you were convicted of assault against your ex-husband's lover, it would be a good idea for you to get certified copies of the event to ensure whether the language in the reports includes any suggestion of domestic violence. You may be free in this area, but not entirely clear, which is why I suggest you get copies of the arrest and court records in case the USCIS requests them from you.

Since IMBRA was enacted, the USCIS is extremely cautious toward petitioners with a history of criminal violence. Having any criminal case expunged does NOT remove the conviction, regardless of whether it's domestic violence or not. It just removes your case from public view and simple employer background checks. A general member of the public cannot view an expunged case, but, the FBI background check performed on all petitioners allows them to open an entire criminal history, which includes cases that have been expunged. Civil cases cannot be expunged.

Ok thanks. I do have a certified copy of the record of the court proceedings which indicate the language as Simple Assault and I will have it available on hand just in case, they ask for it. Thanks Again for your input.

DarkKiss

Not Telling

Dominican Republic

2014-03-01 12:33:00

I just re-read the instructions again and I still confirm that I did not commit any of the crimes listed. The instructions did not ask for just any crime but for specific crimes which Simple Assault was not one of them. It specifically asked for Domestic Violence. The fight I had with that person was a fight between to strangers! So again I ask you, do I need to worry about this.

DarkKiss

Not Telling

Dominican Republic

2014-03-01 12:21:00

1. You need a obtain certified copies of the police arrest report. This report will contain all the details of the arrest.

2. You need to obtain certified copies of the court record. This court record will list the details of the crime you were charged with, your plea, and final disposition of the case.

You pleaded NO CONTEST to this crime, so as far as your criminal record it will be on your record forever. You can petition to have that record expunged so that it's out of public view, but for the sake of immigration it will always be there, and always be considered a conviction.

It looks like you didn't bother to read page 3, item 3 of the instructions for the I-129F, which clearly state what crimes are considered. I suggest you read them carefully as it appears you have submitted in petition in which you improperly indicated that you HAVE NOT BEEN convicted of the listed crimes. You would do yourself a big favor to hire a criminal immigration attorney to assist you.

I did read the instructions on Page 3 and re-read the instructions on Page 3, and I answered correctly because it was NOT DOMESTIC VIOLENCE ASSAULT. The act was Assault and it was not against my husband or anyone that I had cohabitated with. It was with a stranger who just happened to be sleeping with my husband. In the State of Texas Domestic Violence is defined as against someone who is your husband, roommate, girlfriend, boyfriend, partner etc. She was nothing to ME. She was my ex-husband's girlfriend. An assault can be expunged but a Domestic Violence Assault remains on your record indefinitely.

DarkKiss

Not Telling

Dominican Republic

2014-03-01 12:11:00

So here is the story. During my previous marriage, I found my husband was having an affair and I had a fight with the girl. I was never arrested. After a few weeks I started receiving mail from different attorneys in reference to my case (WHAT Case?). After further investigation, I discovered that the girl had filed charges against me for Assault. I hired an Attorney, paid a bondsman, turned myself into the police and was released immediately. I filed no contest in court and paid a fine and was released. I thought it was a done deal, but as I was returning from the Dominican Republic in January of this year , my passport was Flagged (Dont know Why) but anyway when the officer ran my passport he told me that the assault was still on my records and I would have to get a lawyer to remove it.

My question:

On the I-129F where they ask about any charges, etc, I entered NO in all boxes, because is was NOT domestic violence. I am the Petitioner. Do you guys think I will get an RFE? Thanks in Advance.

DarkKiss

Not Telling

Dominican Republic

2014-03-01 11:27:00

K1 Fiance VISA Application Questions

Hello. I am new here also so I can only comment on your question number three. I have read in many places on the forum in reference to the copy of the passport that you must include a copy of ALL the pages and that includes the blank pages with no visa stamps. With that information, I copied the entire 20 something pages of the passport and sent that with my packet.

Sorry I'm not qualified to answer the other questions but I'm sure one of the more experienced members will chime in shorty. Again Welcome to the forum.

DarkKiss

Not Telling

Dominican Republic

2014-03-01 14:55:00

Signature needed

I emailed mine to him, had him print it, and sign it and date it with blue ink, then he DHL'd it back to me. Used blue ink to sign just a a precautionary measure.

DarkKiss

Not Telling

Dominican Republic

2014-02-28 11:27:00

Yes same with mine...but she also signed the waiver of no waiting time...she won't void it....she signed all..its takes both to void the divorce both have to be in agreement...to void it...Theres no way I will...so I'll take the chance dark ain't that what love is all about. Chances :-)

Ok I understand.. but I must say, I will definitely follow your case closely. I'm just curious to see how they will handle it. Best of Luck to you!!

DarkKiss

Not Telling

Dominican Republic

2014-03-06 23:09:00

I'm recently divorced myself and have had plans to file my I-129F next month. My divorce was a speedy one do to not heard or seen ex in five years. Oklahoma has a claus that you can't remarry til after six months. I do understand this law and I think its a pretty screwed up one. My question here is though I can't remarry in oklahoma I have family in arkansas which will be giving me our wedding. I have already did my intent to marry and on that letter I stated that I was doing excatly that. Should I run into any problems? Another thing the judge said I could remarry but not in this state.

My divorce was quick and easy also. A piece of cake, if you will. Uncontested, no children, no property division, and he signed a waiver not to appear.

But if you have read this entire thread, and I believe you have, If Oklahoma is anything like Texas Law, your ex could appear out of nowhere so to speak, and void that divorce. Unless you have a Letter from that Judge, take my advice an err on the side of caution and don't take any chances. Wait the six months. That's just my two cents

DarkKiss

Not Telling

Dominican Republic

2014-03-06 22:44:00

Once you get your NOA1 and know which service center your petition is being processed at, you could send additional documentation. Send it with a copy of your NOA1, an explanation and new documentation. People have had documents get matched up to their case files this way. It is not 100% that it will find its way to your file, but it is possible, as others have had success doing so.

I got my hardcopy of NOA1 today. I will do it, I have nothing to lose!!! In the meantime my fiancee is getting new passport photo and new documents together for the withdrawal if we decide to do it. Thanks

DarkKiss

Not Telling

Dominican Republic

2014-03-05 20:15:00

I've read threads here that say if you send additional information unsolicited, they will send it back. But I don't know this for fact...I'm just telling you what I've seen people post. If you get an RFE (even if it's not for this) you would have the opportunity to include additional information. Many people use RFE's (myself included) to do additional front loading. So, with an RFE you could include that letter.

**I'm not an attorney and I don't play one on TV.

Thanks DJ&L. I think that will be my final question on this matter. I will decide either way. Last night, my conviction to Withdraw was Firm, but now I'm undecided. I have to do some more thinking on the matter. Either way, I thank everyone for your advice and opinions but ultimately the final decision is mine and fiancee's. We will do the best thing that we feel is right for us.

In the future, for any VJers getting a divorce in the State of Texas, take my advice and wait the 30 days after the Divorce BEFORE filing your Petition!!!!!!

DarkKiss

Not Telling

Dominican Republic

2014-03-05 12:16:00

What would happen if I sent an addendum to my Letter of Intent to Marry and indicate the state in which I intend to marry? Could I do that now? Is that an option? I'm just trying to see if there's anything left that might cure the problem before I withdraw the petition?

DarkKiss

Not Telling

Dominican Republic

2014-03-05 10:23:00

You need to wait until they send the NOA1 and then send a letter to the address of the service center you were assigned to. Include your name and address and the receipt number from the NOA1. (and perhaps a copy for the NOA1)

All you need to do is request that the petition be withdrawn...no reason necessary. I would send it USPS certified (just something that confirms delivery) so you know they receive it. They will send you a confirmation that your petition has been withdrawn.

You can immediately refile your petition.

My decision to withdraw is final. I've spoken to my fiancee and he is in agreement. But I have a few questions:

1. Will USCIS send me the original packet back, and will I have to wait for it before I can re-file? The reason I'm asking is because my Fiancee's Letter of Intent and his G-325A are in that packet, and those are originals with original signatures. If I don't wait for them to send the packet back with those original documents, he will have to redo them and DHL them to me again from the Dominican Republic. (His Letter of Intent is OK because he has never been married)

2. OR willl he have to re-do his Letter of Intent and his G-325A anyway, and re-date to conform to the new date that I will be putting on my letter and forms.

Thanks Again

DarkKiss

Not Telling

Dominican Republic

2014-03-04 21:20:00

Was unable to contact USCIS telephonically, but on the side of caution, I have written a Withdrawal Letter and will overnight it to the TSC tomorrow.

Better to loose the filing fee now, than to get all the way to the Consulate in Santo Domingo if it makes it that far before someone discovers the error, and get a Denial.

I wrote an explanation for my withdrawal and informed that I will be refiling after the Texas Law Requirement of 30 days has passed.

Live and Learn!!!

Edited by DarkKiss, 04 March 2014 - 05:14 PM.

DarkKiss

Not Telling

Dominican Republic

2014-03-04 17:11:00

This may be extreme, but I am going to call USCIS today and inquire, and based on the information I receive, I will make the determination to withdraw my petition, and refile it after March 7, 2014.

I will keep you guys informed of my final decision.

DarkKiss

Not Telling

Dominican Republic

2014-03-04 16:27:00

Not true. You're subject to the laws of the state you get married in. You can marry without waiting 30 days in other states.

I honestly think you're fine. But, you never know.

You could immediately withdraw your petition and refile. It would only cost you a refiling fee and a couple weeks time.

Your other option is to wait and see...which could take several months.

On second thought, DJ&L, I think I'm going to go ahead a withdraw my petition and wait to refile it after March 7th. Can you tell me how to do the withdrawal?

I would actually prefer a few weeks set back to a few months.

DarkKiss

Not Telling

Dominican Republic

2014-03-04 16:01:00

I would not lose any sleep over it. I don't believe you will be denied. The 30-day waiting period is not a requirement of the feds. Furthermore, considering the timeline, by the time your petition is processed the 30 days will have elapsed. More importantly so, is that there is nothing that would suggest you acted with ill intent.

Good luck!

Thanks so much!! I'll try to relax and let the chips fall where the may. It is what it is!

DarkKiss

Not Telling

Dominican Republic

2014-03-04 15:54:00

He has to be free to marry at the time of filing.

I have resigned myself to the "Wait and See What Happens" and be prepared either way. I will definitely keep everyone Posted. Thanks for all of your comments and help!

DarkKiss

Not Telling

Dominican Republic

2014-03-04 15:41:00

The 30 day waiting period in Texas is in the event one of the parties decides to re-open the case. A marriage performed in Texas within that period of time is voidable, if the any party (your ex) decides to challenge it. So it is recommended to wait it out. There is also the possibility to have the judge waive the 30 day waiting period... didn't your attorney tell you that?

You are filing a K-1, so obviously you are not married. There is a big difference between getting married and planning to marry.

Yes, I am aware of the possible challenge of the divorce by Ex spouse and that possibly voiding it. I stated I am PLANNING to marry because i am at this time in the planning stages. I can not GET married because my I-129F is a long way away from being approved with a visa in hand, and my fiancee in country to actually GET married.

No I am not married, but I don't see how they verbage of "planning" or "getting" married affects my dilemma.

Please Explain?

DarkKiss

Not Telling

Dominican Republic

2014-03-04 15:12:00

It depends on what action you will receive on the case. You may receive a denial, but it is possible you could receive an RFE. If you receive an RFE, you may just need to indicate the state you intend to marry.

Then I'll pray for an RFE if that happens. Thanks Again.

DarkKiss

Not Telling

Dominican Republic

2014-03-04 14:13:00

It depends on what action you will receive on the case. You may receive a denial, but it is possible you could receive an RFE. If you receive an RFE, you may just need to indicate the state you intend to marry.

Then I'll pray for an RFE if that happens. Thanks Again.

DarkKiss

Not Telling

Dominican Republic

2014-03-04 14:13:00

I think it actually proves my point. It says, The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place. It doesn't say, ,,,"In the state in which you reside".

Darkkiss, you're "legally free, able and willing to marry at the time of filing", so there's no reason the petition will be denied.

Same sex couples get approved for K1's in states where they aren't "legally free, able and willing to marry at the time of filing" but they are in other states.

Thanks to all. I will pray that I dodge this bullet, but otherwise, I'll be prepared in any case.

DarkKiss

Not Telling

Dominican Republic

2014-03-04 14:11:00

There is a 30 day waiting period to remarry in Texas. This means that the OP, as long as he will remarry in Texas, is legally not able to marry in Texas. It is possible that the OP could remarry in another state that does not have a waiting period. The problem with this is, the marriage could be voidable in Texas if it was less than 30 days after divorce.

For purposes of the I-129F, one of the requirements is both parties have to be legally free, able and willing to marry at the time of filing. The OP would need to send proof of all terminated marriages, such as his recent divorce decree which is signed Feb 4, 2014. His address on the I-129F is a Texas address. USCIS is aware of the waiting periods to remarry, and according to Texas law, he is not free to remarry in Texas.

if you are correct, What if anything is my next move? I was not planning to marry in Texas but in Louisiana. What do I do NOW????

DarkKiss

Not Telling

Dominican Republic

2014-03-04 13:23:00

You're absolutely fine. That has no impact on your petition.

DJ&L thank you sooooo Much!!!!

DarkKiss

Not Telling

Dominican Republic

2014-03-04 13:07:00

Not true. It will not affect your petition. As long as you were divorced, you're fine.

You're legally free to marry in any state that doesn't have a 30 day waiting period.

OMG, I hope you are right!!! Maybe they won't look at the Texas Law and Maybe I'll be alright

DarkKiss

Not Telling

Dominican Republic

2014-03-04 12:59:00

So after the denial, will I have to resubmit the packet again after March 7, 2014?

Once a packet is denied, will they send me the packet back, or will I have to resubmit new packet and pay filing fee again?

DarkKiss

Not Telling

Dominican Republic

2014-03-04 12:56:00

There is a 30 day waiting period to remarry in Texas after a divorce is final. Your divorce was final Feb 4, 2014. You are legally able to marry beginning March 7, 2014.

You were not eligible to file the I-129F, since you were not legally free to marry. Your petition will be denied.

So after the denial, will I have to resubmit the packet again after March 7, 2014?

Edited by DarkKiss, 04 March 2014 - 12:53 PM.

DarkKiss

Not Telling

Dominican Republic

2014-03-04 12:51:00

I filed for my Divorce in Dec 2013. It was Final and signed by Judge 4 Feb 2014. I signed I-129F on 12 Feb 2014, that I was free to re-marry and filed the I-129F on 24 Feb 2014.

I was recently told that you have to wait 30 days in Texas to re-marry. So since I signed the form only 8 days after my divorce stating that I was free to re-marry, Did I Lie....OMG....Please help,this is a nightmare and driving me crazy

DarkKiss

Not Telling

Dominican Republic

2014-03-04 12:26:00

Finally Filed Second I-129F after withdrawal

NOA1 Received today via email. :joy: Hope second time around, is better than the first time.

DarkKiss

Not Telling

Dominican Republic

2014-04-04 20:02:00

Finally Filed Second I-129F after withdrawal

So I filed the new I-129F today :joy: . Sent it overnight mail. Told it should be received tomorrow by noon. Checked and double checked. But I did not include the NOA from USCIS accepting the withdrawal of the first I-129f. Am I going to be ok, or will they send me an RFE for that?

Hoping everything works out well this time around.

DarkKiss

Not Telling

Dominican Republic

2014-03-31 16:16:00

Taxes and evidence I can support

You should make arrangements to pay what you owe the IRS. So long as you have proof of even making payments to pay off what you owe, then it should not be an issue for the affidavit of support forms you need to provide; I-134 for the K-1 visa and I-864 for AOS after married.

Ditto to the above. Contact IRS an ask for an Installment agreement Form 9465. Start paying because interest is piling up. As long as you are attempting to pay you should be ok, but start right away.

DarkKiss

Not Telling

Dominican Republic

2014-04-08 15:37:00

Taxes

She is the beneficiary, not the US petitioner

Oops. In that case disregard

DarkKiss

Not Telling

Dominican Republic

2014-04-08 19:18:00

Taxes

Hello everyone.
I just found out that i own 370 for taxes.
I gave the money to my father to pay on June and he never pay my taxes. He just kept the money and he lie on me.

Is it any possibility to deny my noa2 and later my visa cause i own 370 for taxes?
I ll try to pay it but i really cant give all the money at once so probably i ll give every month a small amount.

Im super worry!

Request IRS for Form 9465. Write your Social Security Number , the tax year and the Notice number on it, This is an installment agreement form that allows you make partial payments to IRS until your debt is paid, but they will tack on interest. You'll be fine as long as you are making an effort to pay.

DarkKiss

Not Telling

Dominican Republic

2014-04-08 15:28:00

Is this a problem?

If he does not meet the income for (3) I would say you have a big problem. If he claimed the nephew for 2012, how can he not claim him for 2013? Is there tax fraud for his 2012 taxes? This may be looked at very closely.,.,you may need a co-sponsor on standby.,.,this tax thing.,.,claiming him one year and then not claiming him.,.,.is a giant "red flag" in my opinion!

Especially, if he does not meet the income requirements1

Once a dependent does not necessarily mean always a dependent. Example for tax year 2008, my sister-in-law and her two sons lived the whole year with me because she was unemployed and had no home or income. I provided 100% of their care during that entire year. For taxes purposes I was legally able to claim them as dependents on my tax return, however, the following year, she was employed and living in her own place, so she was able to file her own taxes. I did not claim her or her sons that year. My point is, it does not necessarily mean tax fraud. My personal experience as an ex-IRS Employee.

Edited by DarkKiss, 08 April 2014 - 03:01 PM.

DarkKiss

Not Telling

Dominican Republic

2014-04-08 14:58:00

SECOND K-1 VISA

This is just my personal opinion but I'm in agreement with others that you should give yourself some more time before filing again. As others have stated the DR is a high fraud country and I believe your previous experience with ex-husband will definitely cause red flags. If at all possible wait a little longer before filing again. Only my opinion. Hope everything goes well for you and you make the decision that you feel suits you.

DarkKiss

Not Telling

Dominican Republic

2014-04-07 22:13:00

military orders proof enough?

While you were living there, do you have proof that you guys were living together or have met in person at anytime? I Think you would need other documentation such as photos of the both of you together in the country. I don't think military orders in and of itself will prove you have met in person. I am ex military myself and know that a passport stamp is not required to travel, but the only thing the military orders will prove is that you were assigned to that country, not that you have met her personally if you have no other evidence than the orders.

DarkKiss

Not Telling

Dominican Republic

2014-06-02 07:37:00