biggish data

Yes, the form is a bit different now. If you still have the old form saved, you can just use it and simply add the child on it and add your explanation letter. The older edition you used is still accepted until mid Sept.

Better than my idea...

Redicent

Male

2013-07-25 00:52:00

http://www.uscis.gov...00045f3d6a1RCRD

Yes I did on the first page . I am just confused now with the new I129F form . I had a question 11 attached sheet which no longer seems to be needed in the new form . Also question 18 is now 34a which I will just make a new one with the correct number . Should I try to find the I129F dated to when I used it ? Actually getting an RFE which I was upset about at first is turning to out to be good . I would imagine this will delay the decision , but we need the time anyway .

Just update been 8 days still no hard copy of the RFE . I called today and they said " Oh I see you called about this before " I was like do they take notes ??? Guess so

If the new I-129F form is confusing or more difficult, you can still use the previous form until September 16, 2013:

"Edition Date :The current edition is dated 06/13/13. (USCIS will accept editions dated 06/22/12, 11/23/10, 06/14/10, and 02/19/10 until September 16, 2013. After September 16, 2013, we will only accept the 06/13/13 edition.)"

Using the previous form will allow you to transpose info line for line (plus the new info). If you need a copy of the previous form, send me a private message.

Redicent

Male

2013-07-25 00:46:00

The perceived lack of (at minimum) legal temperament in unquoted verbiage visible under your username in this thread is rather indicative of the applicable professional status that has been suggested just above. Also, the spelling is atrocious. Finally, sometimes new members don't know what they don't know.

You said "you admit that you're not a lawyer". Where was that?

"sometimes new members don't know what they don't know." Are you implying that old members know everything?

Redicent

Male

2013-07-25 00:22:00

Try to follow along with me. What she said is not opinion just because she did not supply a reference for you. What you said was an opinion because it is NOT a fact. What Harpa said about laws in the Philippines where an illegitimate child is concerned, was not an opinion because it IS a fact. If you did not like the evidence I posted to support that fact, then look up others on your own.

Mucking up this thread with all this incessant nonsense is not helpful to the OP.

He was answered on page 1 and 2 of this thread while you were still unclear of where he even was in his process, though he specifically stated that information in his very first post. Since he was answered, this needs to end now.

So you still claim that HT's proclaimation is not opinion. So your stance is that if a statement is true, its not an opinion? And if the statement is not true, it is an opinion? A statement can be an opinion whether its true or false.

I liked the evidence you posted and complimented you on it before.

And Im not dancing the Tango alone here.

Redicent

Male

2013-07-25 00:15:00

Then come up with a definite answer, Redicent, but don't speculate. In addition, in the future, if you express an opinion, please qualify it with "this is an opinion only, on the basis of ____..." You've been a member here for barely 5 weeks; you have no VJ timeline; and we don't know your qualifications, except that you admit that you're not a lawyer.

In my consistent observation, HT is one long-time member whose advice is highly reliable; Kay is among the most elite members currently active on VJ; and both are students of the immigration process. Neither has EVER posted anything that they couldn't back up -- and either would freely admit an error, if they were to commit one.

Two wrongs don't make a right: "Well, I expressed an opinion, but you did, too." It's my belief that the petitioner should consult a sharp immigration attorney (optimally, a member of AILA), phone USCIS and talk with someone above the Customer Disservice front-line level, e-mail the Manila embassy to ask what the consular requirements are, or all three. Regardless, receiving an RFE is a golden opportunity to correct, update, or provide additional information for USCIS, the consulate, or both.

Who said Im not a lawyer?

Well, by your standard, every post should begin with: "This is just my opinion". What each person says here is what they say. Each reader can evaluate it as they wish.

HT didnt admit to being wrong about embassies accepting mail. And HT has yet to back up the opinions I asked about.

I admire JK for citing evidence and find that she is quite knowledgable, although she may not recognize that admiration.

As to folks being on the forum a long time, do you think new blood has nothing to offer of value?

Edited by Redicent, 25 July 2013 - 12:07 AM.

Redicent

Male

2013-07-24 23:58:00

Right, silly me. Carry on.

You went off about Harpa not providing evidence for a statement she made and asked for evidence of her 'opinion' on the matter when you are spouting off your own opinions without evidence. I think this is a "pot-meet-kettle standoff moment" which should die here, so have a nice night.

NO, you said that it was NOT an opinion that Harpa was relating. You took excepction to my refering to it as an opinion. I have not said opinions are bad. We are all entitled to them. It was you that elevated Harpa's opinion to near fact. And it was you who had to back up Harpa's proclaimation. You brought up Harpa. And tried to make her opinion more than it was. You even place quotation marks around the word opinion.

Edited by Redicent, 24 July 2013 - 11:44 PM.

Redicent

Male

2013-07-24 23:43:00

Consider, please, that expressing an unwashed "opinion" on a topic with important legal ramifications is like firing a gun into the air and hoping that a duck will be flying overhead right about then.

Thank you. I have been trying to make a point near that. Of course it should apply to all, not just Spike Jones types. In this topic. I have delved into supreme court cases and asked for citations of those commenting. We discussed "legal authority" on personal websites and looked at what it covered and didnt cover.Then I was told that opinions are not opinions. And opinions can be fact without citations. It was also stated that a member is rather trustworthy, but then maybe no endorsement is to be given. So far, Jay-Kay has cited one very interesting website re: exit authority, very interesting.

Redicent

Male

2013-07-24 23:38:00

Answer Kay's question, please. Inquiring minds want to know.

Sure thing. That's my opinion.

Redicent

Male

2013-07-24 23:23:00

I stand corrected. You stated the USC petitioner. So where is the evidence that a psychological exam of the USC petitioner may be warranted for a case where the foreign fiancee has a child that is not his?

I didnt say that either.

Redicent

Male

2013-07-24 23:16:00

I answered your question. If you cannot comprehend the answer, then that is on you.

Where is the evidence the OP's fiancee will have to undergo a psychological exam?

I didnt say that. You are mistaken.

Redicent

Male

2013-07-24 22:56:00

Now you are just being flippant. I do not follow Harpa around VJ and read everything she posts. As for the immigration advice I do see her give, then generally yes. Though I of course cannot recall everything I have ever read that she has posted over the years, so that is why I say generally as to not have you take it literally that I have indeed agreed with anything and everything another member has posted. This is such silliness and does nothing for the OP or this topic.

At the start of this thread I saw you state the foreign fiancee would have to undergo a psychological exam because she had a child out of wedlock that is not her fiance's. I do not recall you providing evidence to backup that statement either, even when specifically asked.

So, are you endorsing Harpa or not?

Thats not what I said. Try to get it right.

Redicent

Male

2013-07-24 22:47:00

I have to disagree with that. Harpa is quite knowledgeable and provides good and accurate advice on these forums. She provides links and excerpts when needed. We all often provide answers without linking to the exact evidence. That doesn't make it just an opinion. I guess we figure once we provide the answers and advice, then the person can take it from there to research for further details if they wish. We help out those choosing to go the DIY route, but do-it-yourself is not do-it-all-for-you.

In another topic, I asked Harpa why an embassy wont accept additional papers. Harpa replied that embassies dont accept mail. I hadnt asked about mail; and embassies do accept mail. In the same topic, I asked a different member about timeframes. Harpa said that he/she had already told us the answer. I guess when Harpa says it, we cant talk about it any more.

So in this topic, the subject was well covered. But Harpa had to proclaim, without adding new info. So I asked what basis. Harpa had no answer. You answered for Harpa.

Shall we take it that everything Harpa says, you agree and stand behind?

Redicent

Male

2013-07-24 21:57:00

Really?

My point and question to Harpa is that Harpa has a habit of proclaiming without any evidence.

You, on the other hand are able to add evidence to the conversation.

Redicent

Male

2013-07-24 21:18:00

I think the laughing emote was warranted, but to be serious now.... it is not Harpa's opinion.

http://www.congress...._12/RA09255.pdf

http://www.dswd.gov....ildren&x=38&y=7

This is not Harpas answer either...

Redicent

Male

2013-07-24 21:04:00

On what do you base your opinion?

You finally got one of my jokes.

Redicent

Male

2013-07-24 20:40:00

A child born out of wedlock in the PI is the mother's and the mother's only. There is no need to permission of custody or anything from the father.

On what do you base your opinion?

Redicent

Male

2013-07-24 20:36:00

We have been trying to find the best way to answer these questions . The father wants nothing to do with the baby . Does not want his name on the birth certificate . From what my fiancee tells me she will just put single mother . I do not know anything about that , so I will take her word for it . At the interview I would think the question " who is the father ? " will be raised . Perhaps it will not with the single mother on the birth certificate . We plan to be as honest as can be with the questions asked . I do not want to offer anything that can cause AP or a denial . I feel if we are honest and show that we are in a relationship . Yes we now have the baby , but both wish to be together . I will provide an acknowledgement about the baby .

If I could do all of this now and instead at the Interview would be great . I feel if it is already in the petition it will give us a better chance . A sudden surprise at he interview I feel would be worse .

Congratulations! Some of what to do next depends on what stage of the petition/application you are at. If the petition has not yet been approved or is still at NVC, you may be able to amend the petition. Of course other documents may be need to be amended. If it has been approved and has left NVC, then another petition must be filed, just for the child. This is according to a friend who is adding a child late to a K-3 visa.

You understand the questions this raises.

Redicent

Male

2013-07-24 20:25:00

Since we have not heard from the OP regarding the baby's staus. We cannot assume that the mother has been granted sole custody. The supreme court case cited, guides that the mother should be granted custody. But the case also reaffirms the right of visitation of the father. The case in question involved a child who was outside the country already, then came back after the mother was deported. There was conflicting evidence regarding the desire to return and stay in the Philippines. This baby was born a few days ago. I doubt that a court has granted sole custody already.

Redicent

Male

2013-07-24 20:15:00

I'm not a USCIS adjudicator, but I doubt an illegitimate child would cause a red flag. As long as he's willing and able to support both of them, that's all the US really cares about.

Red flags are usually a combination of things, large age gap, large sums of money being transferred to the USC's bank account, criminal history, etc.

As for the child leaving the country, I am not am immigration attorney. But it was stated also in that source, which I linked, this:

You're right. An illegitimate child is not usually a red flag. Its the timing of this baby girl's birth that may raise questions. There are a myriad of reasons that will answer the questions. But to ignore the possibility of questions is unwise. Thats why I mention them now.

The case you cite is interesting. It provides a precident for judges to follow in granting custody. It does not however address administrative assumption of custody in cases that may be disputed. Nor does the case regulate officers at the point of exit that any mother carrying a child may leave the country. And the case reaffirmed the father's right to visitation. The case just shows how a judge should rule if a case were brought before them. For a mother to leave with a child without the father, she would likely be asked for a custody decree.

Redicent

Male

2013-07-24 20:05:00

Being a step-parent is not an adoption case.

Sole custody allows a parent to move without the other parent's consent, including to another country.

I didnt say its an adoption case. I said it was "essentially an adoption case". "Essentially" means "intrinsic nature".

Also, they are not married yet, so the petitioner is not a step-parent.

Also, from the supreme court case cited:

"We likewise affirm the visitorial right granted by the CA to petitioner. In Silva v. Court of Appeals,³⁴ the Court sustained the visitorial right of an illegitimate father over his children in view of the constitutionally protected inherent and natural right of parents over their children."

Redicent

Male

2013-07-24 19:52:00

A visa cannot be issued to a child until after it is born, nor can it be put on the K1 Petition, as it's not legally a person yet and there are no supporting documents.

According to this topic:

http://www.visajourn...r-unborn-child/

You bring the infant to the K1 interview and the embassy will issue a K2 at no additional cost.

Now I'm not sure how accurate that is, but that does seem fairly logical.

This baby was born on July 23rd. The K-4 visa I know of right now required another petition. The K-3 waits until the K-4 catches up.

Redicent

Male

2013-07-24 19:45:00

It's not up to the people on VJ to determine if there is a problem or not. Answer the question on how to do what needs to be done, and let the CO who makes the determination if there is a red flag or not. If they were engaged while she was pregnant, well that happens. My cousin did the same thing. He started dating a girl who was pregnant and now he happily calls himself the father and for all intensive purposes IS the father of the child (just not genetically.) Who cares in the end. At least someone stepped up to the plate and wants to provide and love this child, whether this sperm created her or not.

People point out red flags all the time. Thats what this forum is about. Helping folks by pointing out potential problems. The discussion allows the OP to think about various points of view.

The OP knows that a K-2 is needed. It can be done. But questions will be asked by the embassy and CFO/Emmigration.

Redicent

Male

2013-07-24 19:40:00

I know a K2 can be filed for a child of a K1 but I don't know how to add a K2 in mid-stream, I am sure it's possible, I just don't know the details...

.. what is your point?

I know of someone right now adding a K-4, mid stream. It just has to be processed while the K-3 waits.

Redicent

Male

2013-07-24 19:34:00

*delete*

Not sure how you would add the K2 if the child is not yours, sorry.

Hank, you are very knowledgable in these matters. But a K-2 is possible, its a child of the alien fiance. Thats what a K-2 (fiance) and K-4 (spouse) are for. Its the timing of the birth that raises questions.

Redicent

Male

2013-07-24 19:20:00

You stated a psychological exam may be needed. What's up with that statement?

This is essentially an adoption case, at least half way so. A a psychological exam is required to adopt in the Philippines.

Redicent

Male

2013-07-24 19:08:00

The woman could also be a victim of rape, or a sexually abusive relationship. She could've had a one night stand ages ago, or it could be from a previous relationship.

If I remember correctly the K1 will cover the stepchildren if they're put on the petition, due to a recent change on how the K1 operates. I am not 100% sure though and you'll need to check

As for the laws regarding taking the infant from the country a quote from a legal source:

Source:

http://legalcounseli...d-custody-rule/

So you think its not a red flag?

I just browsed over the article. Does custody allow removal of the child from the country? What about visitation rights?

Custody and removing the child from the country are different matters. In addition to that, if the father is married, adultery is a criminal offence in the Philippines.

Edited by Redicent, 24 July 2013 - 07:07 PM.

Redicent

Male

2013-07-24 18:58:00

Beside raising questions about the validity of the relationship, there is another hump to mount. If the pregnancy was the result of a legal artificial insemination process, then there will be documents to prove that. If the pregnancy was the result of other extra-legal means, then the biological father must be involved in removing the infant from the Philippines. CFO/Emmigration will not allow an infant Philippine citizen to leave the country without parental consent. The mother would have to show that the biological father is either: 1. A sperm donor though an accepted legal method or 2. That the father consents or 3. That the father is dead and the relatives dont object.

Redicent

Male

2013-07-24 18:20:00

We are not here to judge and you do not know the circumstances surrounding it.

Who's judging? Im saying it may raise a red flag.

Redicent

Male

2013-07-24 17:12:00

I need a K2 child is not mine

In a case such as this, a psychological exam of the petitioner may be warranted. It may also raise a red flag as to the validity of the relationship.

Redicent

Male

2013-07-24 16:43:00

NOA2 extension

Hi Sheepwalk,

Thank you, I am so grateful for the information.

I was very upset yesterday, coz I received the following message from embassy.

"We have no idea what NOA2 is. Please explain in details. We unfortunately are not able to answer your questions if they are not about U.S. visa applications matters."

And thanks God, today, embassy sent me another piece of information. That is helpful.

1. As of this date, we have not received your DS-2001. Please note that if you do not return all your completed forms, including DS-2001, within four months from (The date embassy send package 3 to abroad fiancee or fiance), you will then be sent a reminder. The reminder will advise you that you must response within 60 days in order to pursue your K-1 visa application and avoid termination of your registration.

2. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed. A request is not necessary.

Hi L&C,

Brilliant you've already contacted your local embassy

I do not know about the DS-2001, guessing it's your region specific.

Anyway aren't you going to send back all completed forms together with the extension letter?

2. could read "once you pass the interview you can apply for K-1. But if your Notice of Approval(I-797) expires before the actual visa issuance, consular officers could revalidate it".

Not sure though.

Anyone there who has knowledge on this?

Sheepwalk

Not Telling

Japan

2013-07-31 07:18:00

NOA2 extension

Hi All,

Are there anyone have ever applied for NOA2 extension? Please share your experience with us.

My NOA2 will be expired in three weeks. I am ready for interview, but my US fiance is temporarily unemployed. He is looking for a job but no confirmed employment yet.

I think we need to plan and apply for NOA2 extension as soon as possible before it expire.

I found there is a form to fill in for approval extension from the following website.

http://www.visajourn...ontent/examples

So, my questions are

1. According the the extend-approval sample. It does not state the reason for extension application. Is reason needed?

2. It requires "Notarized Signiture", does it mean to have a laywer from US to sign the letter? Or who else can be?

Thanks for your help.

Did you check what your local consulate says?

I do not have the experience yet, but was considering extension too.

According to the US Embassy here, NOA2(I-797) is valid for 4 months. You'll need to take the interview and apply for K-1 visa before the expiry date provided on NOA2 hard copy. Once you get the visa, it is usually valid for 6 months.

The requirements of extension letter is:

- The US citizen must produce the letter

- The US citizen explains the reason for asking extension

- The US citizen states that he/she is legally free to marry, and the intention to marry within 90 days of the fiance/fiancee's entry into the US is still lasting

- The US citizen signs and dates the letter

- FAX or snail mail the letter to your local consulate

I find no mention to notary on the consulate site

Sheepwalk

Not Telling

Japan

2013-07-30 00:07:00

Job offer...will it affect visa process?

Congratulations on your speedy NOA2 and a desirable job offer!

Lawyers say US consulates look at your "current" job, so if you could present 1 month's paystub which times 12 is above the poverty line x 125%, employer's letter and tax returns, you should be fine.

Having said that, I would feel the same way as you. I would accumulate a few months paystubs and explain that I was abroad for 2 years. I might also get ready for a co-sponsor.

The NOA2 is valid for 4 months. Expiry date is written in it.

Your fiance(e) can make ready for all the docs and respond to the Packet 3 instruction right away, then just hold off booking the interview for a few months.

Should you decide to hold off the interview further, you can ask for the extension of the NOA2 to by writing a letter to his/her local consulate.

I read in a VJ forum that you can ask for extension up to 1 year, 4 months at a time.

Please make sure to check for country specifics if you do decide to do so.

Good luck!

Sheepwalk

Not Telling

Japan

2013-08-19 21:40:00

Anyone denied at petition stage? How did you answer?

Sheepwalk

Not Telling

Japan

2013-08-23 21:37:00

So you mean CSC... Thanx.

Edited by Sheepwalk, 23 August 2013 - 09:17 PM.

Sheepwalk

Not Telling

Japan

2013-08-23 21:09:00

Thanks! In fact I never had an interview. The petition was denied at California Service Center.

Sheepwalk

Not Telling

Japan

2013-08-23 01:09:00

Hello VJers!!!

Does anyone know how to answer 31. of Form DS-156 Part I?

The question is:

31. Have You Ever Been Refused a U.S. Visa?

Yes x No

Where?

I was denied a work-related non-immigrant visa petition some years back. So I need to answer "yes", and fill out the location.

Which address would be appropriate, the beneficiary's (my) residence, or petitioner's (my company's) office, which is inside the US??

Any tips would be great. I need your help. Thank you !!!!!!!!!!!!!!!!!!!!!!!!!!

Sheepwalk

Not Telling

Japan

2013-08-23 00:52:00

RFE: Letter of Intent!!!!!

Definitely no translation needed.

Good luck, you're almost there.

Sheepwalk

Not Telling

Japan

2013-08-28 20:17:00

I (USC) was just fired from my job- options

I have thought about this, and while it is likely they wouldn't check, if they did then the letter from my employer saying I'm currently employed and in good standing would be pretty inaccurate.

I've already made 30k this year, so do you think a letter from the dog business stating that I am permanently employed and making X salary going forward, plus a cosponsor would be enough? It goes without saying that everyone on this forum would rather not wait any longer than they have to.

It shouldn't matter to the consular officer if I switched to a lower paying job, as long as it is still safely above the minimum required right?

Hi, we've talked this with a lawyer for our case, and he said 1 month paystub and an employer's letter is fine.

Because US Embassy looks at your CURRENT pay.

So I would answer yes to your Q.

Yes, it shouldn't matter to them if you earn enough currently.

Sheepwalk

Not Telling

Japan

2013-08-31 01:47:00

I (USC) was just fired from my job- options

Hi, sorry to hear about your situation.

Another option I could think of is: your fiancee can wait booking the interview date for a few months.

Your NOA2 is valid for 4 months. The expiration date is written on it. You can extend the interview more if you choose to, by sending a letter to US embassy. Please check for country specifics on this.

If I were you, I'll wait to have 2 or 3 months paychecks and also arrange a co-sponsor, to be on a safe side.

Good luck! The dog business sounds so much fun !!!

Edited by Sheepwalk, 29 August 2013 - 10:43 PM.

Sheepwalk

Not Telling

Japan

2013-08-29 22:40:00