ForumTitleContentMemberSexCountryDate/Time
CaribbeanWhat documents do I need for AOS?

You mentioned "fiancé" are you guys not married yet??? You can file AOS after you've married-- not before.  


HollyGolightlyFemale02014-05-06 19:28:00
Vietnamfilled k-1 with different fiance

What is the status of the 1st K1?  Was it approved or did you have to withdraw it?

 

You do have to be truthful about your previous application when you prepare for the second K1.  In addition to that, you might need to file a waiver and include it in your packet.  There is no set format for the waiver, it will just have to include a statement that you filed a previous K1 for a different fiancé and an explanation on why it did not work out.  Be prepared to explain everything.  It is not necessarily a red flag but situations like this (while it does happen) can cause your IO to look at your case more closely.  Good luck!


HollyGolightlyFemale02014-04-20 15:46:00
IMBRA Special TopicsK1 with criminal record for USC

 

 

Oh and as an aside.....and again this is just what I've been read/informed......if you get married and go for the spouse visa, the USC criminal record either doesn't come up, or is less of an issue...or something!

 

 

 

Correct because the petition will no longer be relevant for IMBRA but will be under scrutiny in relation to AWA.  I am not sure but seems like AWA seems more restrictive than IMBRA.


HollyGolightlyFemale02014-05-13 13:18:00
IMBRA Special TopicsK1 with criminal record for USC

Someone can correct me if I am wrong, but I believe submitting evidence about prior criminal history in compliance of IMBRA is primarily intended to provide disclosure to the beneficiary. The only time it would be used to deny the approval of a petition is if the petitioner was also asking for a waiver of the multiple filing limitations.  Since that does not apply to you, you should be ok.  In general, a criminal record does not automatically lead to a denial, but it is a factor when the officer is adjudicating your case.  Good luck!   


HollyGolightlyFemale02014-05-13 11:48:00
ChinaMarriage Certificate has a mistake

If it comes up on the interview it is best that you tell the truth and just explain the situation.  After all, your misrepresentation at the marriage ceremony was an issue of "convenience" (because it was inconvenient for you to go home and get your divorce decree) and not due to bad faith or ill motive.  I am sure they'll understand.  Lying about it would be a terrible idea which could carry serious consequences.    


HollyGolightlyFemale02013-11-04 20:57:00
Africa: Sub-SaharanNegative posts about Nigerians v. postive posts

Agree 100% OP.  Sweeping generalizations are just unfair and discriminatory.  No one should claim one fact to be true of all (or class of group) without knowing each person's story.  Expressing opinions like these only invite conflict which is contrary to the purpose of being in here.  VJ is supposed to be a haven for people trying to find answers to immigration questions, find relief in their times of need and desperation--while they reunite with loved ones.  Negative opinions and generalizations in the realm of thought should not be shared to incite intrigue or drama.  People without anything good to say should just keep it to themselves.   

 

   


HollyGolightlyFemale02014-04-10 23:20:00
National Visa Center (Dept of State)Is the financial forms needed if I gave then in with i-130 package?

Yes, you need to send everything on the AOS list.  Treat it as if it were a new application and send everything on there again.


HollyGolightlyFemale02014-03-10 14:09:00
K-3 Spouse Visa Process & ProceduresEntry into US on a Tourist Visa while in this K3/ I-130 process

Entry on VWP is valid for 90 days stay.  However, if she enters the US on a B2 she is allowed to stay for 6 months max.  She would have to complete the process at her local embassy and should leave to complete the process there.


HollyGolightlyFemale02014-02-16 16:22:00
US Embassy and Consulate DiscussionPort of entry

This is an interesting question.  If you want to be technical about the legal definition of residency:  it is the place where a person's habitation is fixed and during periods of absence, he intends to return.  When a K1 entrant enters the US for the first time he/she is not yet a resident having not established residency (by domicile or other means) though he/she has the intent to do so.  So, technically he/she is not yet a resident of the US and should enter the address from abroad as his/her place of residence.  


Edited by HollyGolightly, 22 March 2014 - 05:45 PM.

HollyGolightlyFemale02014-03-22 17:42:00
CanadaInterview waiver

I am reposting an answer I wrote to the same inquiry on the July AOS forums page.  

 

Generally, family-based Form I-485, Application to Adjust Status, requires an interview to be conducted at the applicant's local service center.   The requirement for these interviews is set under the Code of Federal Regulations (CFR 8, 246) which also provides that interviews may be waived in certain cases.   

 

USCIS has authority to waive an interview if the case falls within one of the situations where an interview waiver can be granted.   USCIS?s decision to waive the interview is based on national (level) standards, and include adjustment categories in which there is normally enough evidence to make a decision without an interview, among the cases wherein interview can be waived is for K1/K2 entrants--Fiances of U.S. citizens and their children, cases where the applicant has been interviewed in the course of an investigation or field examination, and the adjudicating examiner determines that further interview of the applicant is unnecessary, and cases in which there is sufficient evidence contained in the record to support a denial of the AOS application.

 

Interview waiver is usually not granted for I-485 cases:

--With Supplement A to Form I-485, Adjustment of Status Under Section 245(i) (Penalty cases)

--With an EWI (Entry w/o Inspection) class of admission; or

--As part of a family packet--unless every application in the family packet meets the interview waiver criteria.

 

I am not sure if a lot of Canadians, particularly get interview waivers.  It seems that the standard for interview waiver applies regardless of country of origin.  

 


HollyGolightlyFemale02013-11-11 22:25:00
Canadafiling 1-485 and biometrics appt question

After they receive your AOS packet they will send you your NOA receipt.  That usually takes about a week to 2 weeks.  Soon after that, you will be scheduled for a biometrics appointment with your local ASC (Application Support Center).  They will schedule you close to month after receipt of your application.  In most cases, you can go and do a walk-in as soon as you receive your bio appointment.  They just take your fingerprints and photo at the ASC and as soon as you are done there--the real wait begins.  


HollyGolightlyFemale02014-05-06 13:35:00
Removing Conditions on Residency General DiscussionRemoving Conditions soon!!! Am lost!

Refer to the step-by-step guide provided in the link:

 

http://www.visajourn...ontent/751guide

 

Also, if you find yourself lost-- the search tool on the right hand corner of the page can provide some useful insight.  Good luck!


HollyGolightlyFemale02013-10-30 22:12:00
Removing Conditions on Residency General DiscussionCase can not be found at this time in My Case Status

The Receipt Number is the one you get from your Biometrics Letter, not the NOA.  You should wait until you receive the Biometrics letter, and even then, you are not guaranteed timely case status updates online. smile.png

 

The receipt number is the receipt number you receive from your original NOA. It is found on the left hand corner of your NOA letter for I-485, I-130, I-765 and I-130.  Each application has a corresponding NOA and receipt number, usually in a series and beginning with MSC.  You do not need to wait for your bio letter as it will display the same receipt number corresponding to your I-765 application.

 

Cheezees is right with respect to the updating of online status.  It is possible that your status has not been updated.  I remember getting the same error message when I initially accessed my online status to set up an account.  I had to wait a day or two before the case status became available for me to set up an account.  We all know how exciting an NOA can be and of course, rushing to see updates online cannot be helped but be patient.  It will be a couple of days or so before an update (sometimes longer) and about a week (or longer) before your bio letter.  


HollyGolightlyFemale02013-11-12 12:59:00
Removing Conditions on Residency General DiscussionHow does walk-in bio work?

As soon as you have your biometrics appointment letter on hand, you can go and do a walk-in.  There are nuances on how to do a walk in depending on your area so try the search feature and look for experiences on "walk-ins" in your area.  I'd suggest to go in the morning as bio offices tend to be busier in the afternoon.  Just give them a visit and try, wouldn't hurt.


HollyGolightlyFemale02013-12-29 19:44:00
Removing Conditions on Residency General DiscussionHelp for an abused friend

Your friend can report the domestic abuse to the police which will result in a domestic violence charge against her husband.  When the case is filed in court an automatic mandatory protection order is generated against the abusive husband which directs him to surrender any firearms he owns and/or refrain contact from the victim.

 

In as far as removing conditions, provided she is able to show proof of marriage in good faith regardless of the outcome of their relationship (i.e. separation or divorce) then she can file for removal of conditions/I751 o n her own.  Here is a link on effects of change in family status on the i751 petition:  http://www.visajourn...s-immigration-d


HollyGolightlyFemale02014-02-15 17:07:00
Removing Conditions on Residency General Discussionplease help me!

I neglect to mention that the report of marriage will have a fee (think 30 dollars not sure) and they have to be forwarded to the local Civil Registry in the Philippines before you can renew your passport.  You can opt not to do it but it'll be good to have your marriage recorded in the Philippines.


HollyGolightlyFemale02014-03-13 14:58:00
Removing Conditions on Residency General Discussionplease help me!

You don't need a valid passport to remove conditions.  What is relevant to ROC is proof of bonafide relationship.  They don't even require that you submit a copy of your foreign passport to ROC.  

 

Renew if you have plans of traveling soon otherwise it is unnecessary.  Also, if you renew in the US you will need to submit a report of marriage abroad to the consulate before you can renew.  There are forms downloadable on their website.  

 

http://www.philippineconsulatela.org  

 

Texas does not have a consular office of its own, it is within the jurisdiction of the LA Consulate General and should you decide to renew your passport you will need to fly there.  Personal appearance for pass renewal is required but that will be a good excuse to visit LA and see the sights. 


HollyGolightlyFemale02014-03-13 14:56:00
PhilippinesGOT CASE # MNL2013.....

Patience is a virtue, young padawan.


HollyGolightlyFemale02013-07-24 11:04:00
PhilippinesNEW JERSEY RESIDENTS WHO DID COURT MARRIAGE

We did a courthouse marriage but not in NJ.  I dunno if it works exactly the same but this is my experience.  

 

You would need to go to a Recording Office to secure a marriage license.  You have to pay a small fee (about $30) and appear personally to present you proofs of identity and evidence of capacity to marry (e.g. decree of divorce if previously married) and you're all set.  The license is valid within the jurisdiction it is issued and for a set period.  Good luck! 


HollyGolightlyFemale02013-09-17 14:42:00
PhilippinesVisa Check, Travel Tax, and Terminal Fee for MNL Terminal 2

The PAL Centennial airport is actually better configured (smaller) than MIA 1.  You should advise her to get there at least 3 hours earlier than her schedule to acommodate pre-departure rituals (screening time, checking in and paying fees).  Some airline charges are inclusive of travel tax.  So you might not need to pay, but if you do it is within the airport and close to the check-in counters.  Prepare extra cash for the airpot tax.  I think they've cancelled that for domestic flights but still charge P750 for international flights.  Good luck!


HollyGolightlyFemale02013-11-11 22:13:00
PhilippinesBiometric appointment on 11/25/2013

We have appoinment on 11/25. Thanks

 

 

Yes but you can go sooner than November 25 if you want to.


HollyGolightlyFemale02013-11-12 17:39:00
PhilippinesBiometric appointment on 11/25/2013

You can do a "walk-in" if you are impatient and want biometrics over with as soon as you receive your bio notice.  Other than that, your notice pretty much covers all info you need to know.  


HollyGolightlyFemale02013-11-12 16:58:00
Philippinesmarriage in philippines

After securing an Affidavit of Legal Capacity to Marry, file an application for a marriage license at the office of the local Philippine Civil Registrar of the town or city where your fiancé resides. The U.S. citizen applicant will need to present the affidavit, death certificate or divorce decree, U.S. passport, and documentation regarding parental consent (age 18-21) or advice (over 21-25). 

 

Normally there is a ten-day waiting period before the marriage license is issued by the registrar's office. The waiting period is necessary to give the registrar time to comply with the publication requirement of license applications.  The names of the parties are posted to give the public the opportunity to oppose the license application (e.g. knowledge of incapacity due to prior subsisting marriage).  In some instances the fiancée may apply in advance for the marriage license with the local civil registrar. The American citizen must then obtain the affidavit of legal capacity upon arrival in the Philippines and file it immediately with the civil registrar where the fiancée applied for the marriage license. A marriage license cannot be obtained by a fiancée without presence of the prospective spouse.

 

The marriage can be performed by a judge, justice of the peace, priest, or minister of any religious denomination where either or both of the parties belong.  Courthouse marriages can be arranged for a small fee after the marriage license is secured.


HollyGolightlyFemale02013-11-12 12:39:00
PhilippinesProblem with ex

If your children are under the age of 9 - You DO NOT need consent from the ex to bring your children to The U.S.  This is the Philippines and under Philippine Law the MOTHER has complete custody of the children and may do whatever she likes. You can ask for his blessing but other than that YOU DO NOT NEED PERMISSION. We and others I know have simply removed the children from the Philippines. You must (of course) have physical custody of them.

 

It's extremely easy !!

 

 

 

Parental authority and custody is exercised jointly unless husband and wife are separated (judicially or de facto) and are decreed custody over children by the court.  The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit.    

 

Hi guys, thanks for the answers. I was married to him and filed divorce here. He can't move on and he keeps giving me hard time with the kids. He was even trying to extort money from me. He really though that people in the US are just picking money everywhere.

 

Divorce is not recognized as a means of legally dissolving marriages between Filipino nationals even one legally recognized abroad.  As far as the Philippine jurisdiction is concerned, you are still legally married.  Unless, divorce is acquired after the Filipino spouse is naturalized, hence, no longer Filipino.  

 

If you yourself are filing to petition your children to come to the US and they are subsequently approved and granted visas, and if it is by your children's own choice to come and live here with you-- your husband cannot stop them from coming here.  There does not seem to be an item in the forms relevant to acquiring the other parent's consent when filing for petitions so you should be ok.

 

Sorry about your ex, you can't shake off that mentality over there that people living int he US are swimming in money.  Good luck and keep us posted.


HollyGolightlyFemale02013-10-30 22:04:00
PhilippinesQuick & inexpensive Annulment for my fiance?

I believe the reason could be abandonment if the guy is in Korea and not coming back. I always heard 100k peso is the rate and the 2 yr wait is what it will be. Sorry to say that unless you are living with her in the Philippines I would find another, thats a long wait and if you are supporting her a very expensive one at that.

 

Abandonment is not a cause for Annulment.  At most, the abandoned spouse can claim for legal separation on grounds of abandonment which does not sever the marriage ties, hence, prevents either from remarrying.  Grounds for annulment must exist prior or at the time of marriage and they are exclusive (see EO 209. Art. 45).  

 

If you are serious about annulment and do not want to spend too much on the process, I suggest that you have your fiancé consult with the local Public Attorney's Office at CDO.  They can assist in most types of cases for indigent (or clients within a certain income bracket) for free.  Even if they refuse to take on your case they will be able to give you a sound advice or refer you to a reputable attorney that will not charge you an arm and a leg.

 

I've practiced family law for a few years in Manila and I know how tough annulments can be.  The rates of acceptance depends on the experience and expertise of your attorney.  On average an attorney will charge 150-300K just as an acceptance fee and could charge separately per appearance (at a going rate of 1,500-3,000 per hearing).  Some also charge separately for pleadings.  It is not chump change and those that charge bargain prices may not be competent enough to handle your case.  I suggest you do your research and find someone you can trust to handle your case well. 


HollyGolightlyFemale02014-01-27 01:17:00
PhilippinesQuick & inexpensive Annulment for my fiance?

What are her grounds for annulment?  And where (what region/city ) in the Philippines is she filing?  A simple case of declaration of nullity can last, on average 2-3 years.  All other cases of annulment (including Art.36/psychological incapacity) can take as long as 4 years or over.  Annulments are adversarial, which means that a case of annulment can only be resolved through a full blown trial type hearing which is often participated by the government through the OSG.  The idea is that the state has a stake in keeping families together hence the opposition of the OSG.  Divorce however, may be an option for one who is a member of the muslim faith in some regions of Mindanao which can be brought before a Sharia court.       


HollyGolightlyFemale02013-12-30 01:01:00
PhilippinesCashier's check

Are you traveling with a cashier's/bank check?  Or do you mean traveler's check?  It is fairly easy to have a traveler's check encashed at the banks or the local foreign exchange counter at an SM mall or BDO bank.  The rates will be lower than if you have to change dollars.  I've had to deal with changing foreign money when I lived in Manila and banks have always offered lower exchange rates.  BDO would have to be one of the better banks for changing foreign currency.  I changed mine at the "grey market" money changers in Cubao.  Czarina is a popular grey market money changer with branches in Makati and several other locations.  I would be wary about traveling with a large sum of money (even a cashier's check).  I would suggest wiring the money to your account in the Philippines and withdrawing what you need from your account when you're there.  Even better, just bring a credit card.  It'll be safer and more convenient.


HollyGolightlyFemale02014-02-13 19:49:00
PhilippinesTransit visa necessary for Narita airport from one terminal to another??

 

Unless something has changed since November 2013 when I last did this, you do not have to go through immigration to travel between terminals for an international connecting flight.  We're talking about Terminal 1 and Terminal 2 NRT here ? not a transfer to HND, correct?  

 

The shuttle bus following the 'international connection' route is on the air side of the immigration/customs line.  You must transit security, but not immigration, where they will check that you have an appropriate boarding pass and passport.  If his fiancé can obtain an appropriate boarding pass in MNL (and doesn't have to worry about checked bags), then this shouldn't be a problem.

 

I agree.  I had the initial impression that they would need to exit hence the transit visa.  But if it is just NRT 1 and 2 then no need for one.


HollyGolightlyFemale02014-03-22 18:07:00
PhilippinesTransit visa necessary for Narita airport from one terminal to another??

 

United Airlines stated that she can print out her boarding pass for her Narita to US leg at the Manila Airport.

 

Also, since she will only have carry on with her (I will take her bags/luggage), does this mean that she can use that boarding pass to show that she has a connecting flight and therefore go to the next terminal and not have to go through Japan immigration and need a transit visa?

 

If you have to exit to switch airports then you will definitely need a transit visa for her.  I recall however, that Narita 1 & 2 terminals are within walking distance of each other, although there's a shuttle bus between the two. You'd both have to leave secured areas, and thus go through security again to catch your follow-on flights. I think there is a connection airside between the two terminals which means there is no need to exit security, immigrations and customs.  You might have to verify this  with your airlines to be sure.  If it does turn out that she'll need a visa-- ask for a shore pass from the airlines which will let you through your connection without need of a visa.


HollyGolightlyFemale02014-03-22 18:05:00
PhilippinesTransit visa necessary for Narita airport from one terminal to another??

 

In terms with her bags, since I am only bringing one carry on, I will take her bags and also pay any fees for any extra bags so she does not have to exit through immigration to get any bags.

 

I do not understand-- if you are traveling together using the same travel itinerary (from Manila) you will have to both exit through immigration and transfer terminals together which means your bags will both have to be picked up and re-checked.  You won't have problems going through Japan with a US pass but she will have some issues without a transit visa.


Edited by HollyGolightly, 22 March 2014 - 05:51 PM.

HollyGolightlyFemale02014-03-22 17:50:00
PhilippinesTransit visa necessary for Narita airport from one terminal to another??

Yes she will need to secure a transit visa to move from one terminal to another.  This will have to be secured prior to departure as no transit visas are issued at the airport or upon arrival.  Here is the link to the Info at the Japanese Embassy ph:

 

http://www.ph.emb-ja...isa/transit.htm

 

I've travelled a few times through Japan/Narita but I've always used Delta.  It is cheap and convenient and without the hassle of applying for a separate transit visa because you would not need to exit the airport through immigration.  I've also entered Japan before on a separate trip using my Philippine pass and the visa process can be equally daunting as applying for a US B2, not to mention you've to pay fees.  

 

I suggest you find another flight for your fiancé.  The combo you're suggesting may seem cheap at first but the hassle will not be worth it.

 

As for your second question-- yes, she will have to exit though immigration and collect her bags unless the flight is booked using an airline Alliance (e.x. star alliance) and paid as a group with one leg being booked through another air carrier.  In some cases, if you book them as the same trip the first carrier will tag the bags so that it gets transferred to arrive at your destination.  See if you can get this option by calling the airlines and maybe they can arrange something for you.  


Edited by HollyGolightly, 22 March 2014 - 05:30 PM.

HollyGolightlyFemale02014-03-22 17:21:00
PhilippinesUnpaid credit cards and loans

Truth is, no one is imprisoned for nonpayment of debt in the Philippines, unless it is BP22 (bouncing check) or estafa, which are both criminal offenses.  That being the case, a credit card debt only incurs civil liability which means the card company would have to file cases (individually) for all card debts incurred.  This is expensive and the card companies would often just call it a (business) loss and write it off on their taxes rather than spend more on trying to recover it.  There are no credit reporting agencies in the Philippines and bad (or good credit) there will not be carried over when you immigrate to the US.  


HollyGolightlyFemale02014-03-25 17:08:00
PhilippinesVisa Reissuance Program
The vrp applies to visit visas only. You will havr to go thru the process again.
HollyGolightlyFemale02014-04-22 09:20:00
PhilippinesVisa Reissuance Program

The vrp is for visit visas only.  I assumed that is what you were asking.  I'm as confused as Hank.  


HollyGolightlyFemale02014-04-21 08:57:00
PhilippinesVisa Reissuance Program

No.  Walk-ins are not entertained at the USM.  You will have to get an appointment.  Read the instructions on the website: http://manila.usemba...ov/niv-vrp.html.  

 

A visa application payment slip is required prior to paying the MRV application fee.  You have to print the appropriate visa application payment slip before you make a trip  to the bank to make the payment.  You will not be scheduled an appointment without the receipt number.  Payments are accepted at any Philippine bank in person, or online through BPI or Bancnet banks.  The fee is $160.

 

It is technically not "that easy".  Being issued a prior visa and qualified under vrp does not guarantee you'll be issued the visa.   

 

 

 


HollyGolightlyFemale02014-04-21 00:30:00
PhilippinesVisa Reissuance Program

Wooah, easy on the BOLD there.

 

How can there be no available appointments?  You need only pay the fee, fill the DS160 form and call the call center for an appointment specifying VRP but the procedure is the same as filing a regular visit visa. 


HollyGolightlyFemale02014-04-20 23:44:00
PhilippinesReport of Marriage & Consular Outreach Services Question

No appointments for pass renewal as far as I know.  It is a first come first served basis.  If you are changing your name on your pass though, you will have to file the ROM first or it can be done concurrently within the same consular office.  If not within the same office, the processed ROM should be forwarded to the consular office that is handling the renewal.  They always say to check back for for e completed passport within 2 months but it is usually sooner.  Good luck!


HollyGolightlyFemale02014-05-02 15:52:00
PhilippinesReport of Marriage & Consular Outreach Services Question

You can note the consulate that exercises jurisdiction over your state (e.g. PhConsulate gen. LA for South Cali, Nevada, New Mexico & Texas).  They also stamp that at the consulate when they receive it so if you are unsure about which consular office exercises jurisdiction over your state/county best to leave it blank.

 

The line that requires you to name a "witness/es" is optional.  You can put "none" if you do not have witnesses at your marriage ceremony otherwise write the witnesses noted on your marriage certificate.  Attach both your photo IDs/passport & birth certificate, pay the $25.00 fee and you're good to go. 


HollyGolightlyFemale02014-05-02 15:46:00
PhilippinesK1 visa extension

You cannot extend a K1 visa but may be re-issued one for a good reason.  The consulate determines what are "good reasons" and it is at their discretion.  You can ask but no assurance that you will automatically be re-issued a visa.  Otherwise, you will have to re-apply and go through the whole thing again.


HollyGolightlyFemale02014-05-06 17:50:00
PhilippinesIs Friend's Fiancee Scamming Him? How to convince him?

He's nothing more than a meal ticket and a 'way out' for her.  If she's doing this now what's to say she'll act any better when she's here with a GC on hand.  She's clearly taking advantage of him and should see that and move on.  Cut your losses while you can and find a more suitable partner.  There are lots out there.  


HollyGolightlyFemale02014-04-06 12:34:00