biggish data

Applying to a Tourist Visa while the K-1 is in process

Honestly, if you were denied a tourist visa the first time it is unlikely that their opinions on your ties to the country having changed. Going from a trainee to a full-time position is not likely to show binding ties, as someone could quit regardless of their company's expectation of their return. You will need to show additional proof of ties to the country especially since you were denied before. They will know that your job was your only tie in the past and will expect to see more before going against their original thought of that tie. Especially being that you said its a large US company and many large US companies permit intra-company transfers to other places.

If you have it show things like ownership of property, large sums of money in a Brazilian bank, titles to vehicles, or other paperwork that show if you were to suddenly not return to Brazil you would possibly face a significant financial loss.

C and Lore

Male

Argentina

2010-11-15 00:00:00

I'm getting scared..Please Help

I agree with Gary. The lawyer is more likely than not using a dirty trick of inflating the necessary time of processing to get you to take a lawyer. Through careful planning, saving of records, sending of required information, following of instructions, and clarifying anything not understood with those whom have successfully cleared the hurdles required you should be able to file on your own.

All necessary information to file and be prepared is out there on the internet. It's up to you to find it, decipher it, use it, and discard any possible incorrect info (from those not knowledgable/mistaken)

Prior to my filing I had lawyers giving me exaggerated information regarding my filing as to what they could do. Its called trying to sell your services. Weigh what info people give. People do everything for a reason. Weigh there benefits for giving you info. With a lawyer, prior to getting your dime its likely to be for the purpose of landing your business for the long road ahead.

C and Lore

Male

Argentina

2010-11-14 01:49:00

K-1 from abroad / working holiday (& intro)

I say you have a pretty sound idea. Sending back the paperwork for your mom to file is smart. Make sure you land something quickly when you return as it will be important for the I-134 form required before the interview to show that you can support her. Also make sure you save the leases or documentation for where you and your girlfriend have lived together. They will come in handy for showing a true relationship. Make sure you send your mom a copy to file with your I-129F petition.

C and Lore

Male

Argentina

2010-11-15 00:10:00

K-1 Visa

hithalynn gives a very good description of what to send

i sent the same items except i added the G-1145 which is the electronic notification form (lets them contact you by text and/or email that they've accepted your petition with the case number)

always look at your petition documents from the outside and ask yourself skeptical questions designed to let you know if your documentation supports your claims. for example in my letter of how we met i wrote that we visited cleveland (my hometown) and seattle. I substantiated these claims by including boarding passes showing we flew there by continental together on the same ticket and pictures of us in both cities. imo your proof should come full circle to support itself once compared to other evidence sent. for example sending pics of you somewhere but no documentation to show when you went or that you definitely went at all is likely to be viewed as 'well i dont know they were really there and if they were when it was'

make sure you remember pictures are ALWAYS secondary evidence and you should send other primary evidence that proves your pictures are accurate photographic evidence of your statement. pictures are mostly good for backing up your claim of a relationship however they cannot stand on their own as there is no definitive proof (on their own) that they are not altered.

C and Lore

Male

Argentina

2010-11-15 23:02:00

few questions about G-325A and proof

There's a copy of a cover letter that you can use that specifically states at the bottom that you sent unaltered photocopies and that you are prepared to produce the originals upon request.

Do not send any originals unless specifically asked. Any originals not requested will not be returned. I have although recently read that you can request them to be sent. However don't bet on it, and if it happens don't bet on it happening quickly.

C and Lore

Male

Argentina

2010-11-16 10:48:00

What are the rules on how you send in your package?

I put mine in page protectors and in a three ring binder. Mine was not rejected for any unauthorized presentation. I kinda wish I had read other people's posts here before doing it, but I did have a peace of mind that if my packet got wet that my pages inside were mostly protected.

C and Lore

Male

Argentina

2010-11-16 09:32:00

Do we have time?

As long as you file soon, you should be back in time. Just make sure your fiancee is meticulous with his documentation so he avoids RFE's which would slow you down.

C and Lore

Male

Argentina

2010-11-15 22:35:00

Should I wait to re-file?

Unfortunately by what you described, I dont think anything other than time will help. Anytime you're denied for anything (even outside of USCIS/government) when you go back your burden of proof especially when asking for the same thing is going to be higher. Even if its not what the rules state, its only human nature if you've seen something to denied to want to see something more or more conclusive proof that overturn the previous assumption.

C and Lore

Male

Argentina

2010-11-16 14:58:00

K1 visa

I might add, if you are ready to marry your US citizen and you are here legally and have time remaining on your I-94 why not marry and adjust status (AOS). As long as you are prepared to show you didn't enter the country with the intent to marry it is not illegal to use this route. The only downside to this route would be if you need to return home immediately for school, job, or something you wouldn't be able to. If you file file for AOS and leave without obtaining a travel authorization (AP) your application for AOS would be considered abandoned. If you can be away from your country for a bit while you wait for the AP to be approved and sent to you this might be viable. Lastly be prepared to show much documentation that A: your relationship is real as its unlikely one could enter on a tourist visa and meet someone and decide to marry so quickly in the time allotted under this visa and B: be prepared you had absolutely no intention of marrying when you entered. They get people who use the tourist visa for this reason and it's considered visa fraud as you used the visa for a purpose in which is was not intended. Someone who had no intention of marrying when they entered the country but did so while they were here would not be visa fraud however it would be an uphill battle to prove.

I wish you luck in whichever route you chose. K-1 fiancee visa is still considered a high fraud category so be prepared with adequate proof even if you go that route.

Best of luck!

C and Lore

Male

Argentina

2010-11-14 23:25:00

MY RFE

I'm assuming it means the previous pages copied and sent were not the right ones to show what they were trying to show on the pages. Maybe older dated stamps or maybe stamps from another country or maybe blank stamp pages?

C and Lore

Male

Argentina

2010-11-15 12:42:00

MY RFE

I'm hoping I dont get an RFE. I'm somewhat paranoid since I read that they require the 'long form' birth certificate as proof of US citizenship so I sent them all the pages in my passport since thats what the instructions say if you're sending that as proof of citizenship. I'm hoping they look at that too as proof of meeting even though I included that in my section of proof of citizenship and not with the proof of meeting section (I sectioned off my entire binder of paperwork to make everything easy to find.)

In retrospect I wish I had thought to print the copies of the passport stamps a second time and put them with the proof of meeting as well.

C and Lore

Male

Argentina

2010-11-14 23:43:00

Called up NVC re: Interview

I'm a little confused here. I didnt think NVC did interviews. I thought they just processed approved petitions and forwarded to the Consulates.

C and Lore

Male

Argentina

2010-11-15 22:47:00

Got two opposing statements from local attorneys..

There is no statute I'm aware of that prevents it.

I would agree there'll be extra scrutiny before you're approved and a visa is issued.

I'd prepare now to create a definite timeline with documentation that supports your claims. Prepare to show, divorce date, when you met your new girlfriend when it turned serious enough for you to consider wanting to marry. These are things they'll want to see clear concise evidence of each of these. If your missing one, they are likely to be highly suspicious.

C and Lore

Male

Argentina

2010-11-16 09:59:00

Birth Certificate for I-129F

This was very confusing to see for me when I filed mine. Therefore I erred on the side of sending too much instead of not enough. I copied all pages of the passport and the front and back of my birth cert. I'm also from the state of ohio and have never seen any other birth cert other than the one I had. If the parents names places of birth your place of birth full name date of birth and date of certificate filing are the long form then thats all the state of ohio issues.

C and Lore

Male

Argentina

2010-11-15 22:45:00

looking for another set of eyes

The only thing I might add is one or two pictures of the two of you in Bolivia. Pictures are considered to be secondary evidence, however a boarding pass simply shows you went there. It doesn't necessarily show you met up together while you are there. For them to think such would be a presumption not necessarily shown. If you have credit card statements showing purchases where she lives this might be a bit more indicative of your meeting or receipts of bus travel together as well. Otherwise I'd say everything else is extremely strong.

C and Lore

Male

Argentina

2010-11-18 00:02:00

Filing Question

Regardless you cannot control where your petition goes. I live in Miami, and I have a friend from Argentina who recently got his citzenship. He has filed to bring his wife over however even though his address is in Miami, his file was sent to California Svc Center anyway.

Just file with all needed documentation and hope for the best. The only thing you can do to control your case is send all necessary documentation, make sure it's well supported so you can avoid any RFE's and wait.

BTW as a point of comparison, his was sent to California and mine was sent to Vermont.

C and Lore

Male

Argentina

2010-11-15 23:08:00

k-1 NOT touched??

Keep your eye on your filing. From others on VJ, some dont receive (or acknowledge receiving) any touches between NOA1 and NOA2. If you havent gotten to 5 months give them time and be hopeful. If you get past 5 months and still no changes then start digging for information regarding your file and why you're case is past the processing times.

Honestly they aren't going to do much for you anyway if you inquire before the 5 month mark anyway as they have the processing goal of 5 months and are still within that mark for your case. If theres nothing complicated about your case then there is no reason to freak out yet.

C and Lore

Male

Argentina

2010-11-14 01:53:00

All Forms for K1 Visa

Nevermind that this is a government process but you should never leave blanks on anything. Applications for jobs, benefits, loan apps, etc. It's never a positive, and sometimes its a negative.

I used what made sense. I used N/A for what doesn't apply and NONE for items I didn't have. For example when it asked to list former spouses. I've never been married so I placed none the the first slot.

Questions that for example asked things like spell your fiancee's address in her native alphabet if it not roman letters, well I placed N/A.

C and Lore

Male

Argentina

2010-11-19 20:44:00

please be concern about the papers!!

i'm not particularly worried about the enviorment vs my fiancee being with me. However sending all the docs. the first time to get approved and not having to waste paper filing all the docs. a second time is me being 'green'.

C and Lore

Male

Argentina

2010-11-19 20:05:00

Waiting NOA1

I hope you hear something soon. I sent mine on 11/1. But I sent mine express overnight. I recommend at minimum if you must file again, to send priority mail and with confirmation receipt and tracking. Also send to Lewisville address. I hear people waiting a couple of days for the PO Box to show as delivered vs Lewisville. My package was promised delivery before 12 noon, and was delivered around 10 AM.

C and Lore

Male

Argentina

2010-11-19 23:19:00

Green or White?

I'm relatively sure its the white form. The green is only used for VWP. Since you are entering on a visa not a VWP you need an I-94 to go with your visa as it shows you were admitted on that visa, time, date, and place. You will also need the I-94 later to show you entered legally (with inspection) vs without inspection (illegally) for your AOS.

C and Lore

Male

Argentina

2010-11-21 14:58:00

it's been 16 weeks since NOA1 and no news - normal??

i think natrav is right. people need to be a little more calm and less personal when answering some of these questions. many people here are either not from the US or not used to dealing with government bureacracy or both. yes the questions may be 'dumb' or able to be found with some internet research, but not all are as good with internet research as other. and this person is right. its much more reassuring that others tell you they've been through it or explaining something, other than just reading, blank faceless stats from an at times vague government website. if it bothers you then click past the thread. let someone else answer. there's thousands on the site. if you dont answer, someone else will.

C and Lore

Male

Argentina

2010-11-08 21:16:00

Petitioner Interview

I am new to this forum and I have a few questions. My fiancé had his interview on Nov 9, and they gave him a blue slip requesting an interview with me (not very convenient right now but what can I do). I sent an email telling them I can get to Jamaica next week.
1) Do they schedule interviews for the petitioners so soon? If not about how long does it take. Was planning to get married in January but that may not be possible now
2) After the interview would I be able to wait for a week or so and have him travel back with me?
3) If not, how long before he has the visa in hand?
4) If you selected on the ds-230 to have them assign a social security # would he get that at the airport?

Thanks for all the helpful replies in advanced

1. I imagine it depends on the consulate...they appear to operate differently in different places.
2. You should be able to stay in Jamaica as long as you wish, depending on Jamaica's immigration rules and how long they allow non-citizens/non-residents to stay. Most countries allow at least 90 day's visit per stay. When I visit my fiance in Argentina, I believe they stamped me for either a 90 day or 180 day entry. Given Jamaica's reputation for being a tourist destination you should definitely not have a problem staying a few weeks with him until the visa is sent to him allowing him to enter.
3. Depends on what the consulate is looking for. If they only want to determine that it's in fact an ongoing relationship and not a fraudulent on, they may have already completed all the background checks necessary. In that case it would likely be quickly depending on how long it takes for the visa to be delivered to him. If they have other things to check after the interview, it could certainly vary on when they complete them plus shipping. I know from by research of the Buenos Aires consulate that after an successful interview they complete background checks, and assuming nothing comes up they send the visa 24-48 hours after (business days of course). Depending on the time it takes the shipper to get the visa to where the person lives its typically 1-2 weeks after approval that they receive the visa in Argentina. This of course can vary by country.
4. From what I understand, the form is only to request the SSN # in advance based on entry, vs. filing for one after entry. Either way SSN #'s are generated by the SSN office and should be mailed to you after entry.

With the exception of answer number 2, this is all based on my research of the topic and what I've learned from other's experiences. Most of the experiences I've read all agree on the answers I've provided you.

Best of luck! You're almost there! It sucks you have to travel unplanned to deal with this, but its still way better than getting denied and stuck in review with USCIS. Also at least its Jamaica, it could be somewhere else substantially more expensive to get to. ;-)

C and Lore

Male

Argentina

2010-11-10 22:57:00

Filing K1 visa after being denied B1/B2

My fiancee recently was just denied for a tourist visa. She did not apply for the purpose of getting married. She was going to come with her sister to go on a cruise with me and my mom and we were going to visit Orlando, Cleveland, and possibly Seattle. Anyway long story short I told her to mark she had no fiancee here as we were going to tell them we got engaged on the cruise.

Well when they went to their interview last week she and her sister didnt have everything to prove that they were definitely not intending to immigrate. She also had them do the interview in English which she's fluent in but her sister is not so it made the interview a bit difficult. So they denied her and her sister both based on that. They still dont know about me here.

Since she was denied we obviously don't want to spend anymore time apart thats not necessary. So we want to begin filing for the K1 so in June she'll have it and can come back with me when I visit then (in June 2011.)

Being that she wasn't denied because they think she's lying or anything like that should there be a problem? I was planning to maybe tell them either that I was going to propose on our trip but since it didn't happen I proposed on cam or that it was a clerical error as she filled out her and her sister's form's and her sister is not engaged at present that she accidentally marked both as no. Of course this is if they even ask about her previous denial and subsequent K1 petition. If they don't then we wont worry about it.

What is the general thought about this. I have documentation that proves her trip was preplanned for the point of a vacation and not to circumvent immigration laws. I have receipts from the cruise we were supposed to take with my mom that was booked Dec 2009 which was before the date that I really did propose.

Any thoughts would be appreciate!

C and Lore

Male

Argentina

2010-10-14 13:25:00

age difference

I agree...I'd look in regional forums. While its not overly unusual here in USA, in other cultures it may be seen as extremely odd or unnormal. Consular officers are trained to look at things outside of typical culture to determine should there possibly be reason for suspicion. Can it be overcome, yes, but in cases like that you may need to prepare extra evidence of why the age difference didn't bother you.

C and Lore

Male

Argentina

2010-11-16 13:55:00

I have been. my subject has been ****URGENT****BNS(NUMBER)****

C and Lore

Male

Argentina

2011-07-20 06:37:00

thanks yllen. i'll make sure she gets that

thanks jac....however its a bit difficult as consulate refuses to answer any email, and they wont transfer calls to appropriate person if you call. the person stonewalls you, so unless you have a specific consular officer you request, they wont transfer. i know they sent packet however some (censored language) did not enter all of the address. which they cant blame on me, because i typed the forms to make sure they could be read.

C and Lore

Male

Argentina

2011-07-19 20:01:00

thanks but i think my question was misunderstood. she is an Argentine national with actually brand new passport (had to renew last summer) my question is referring to the police certificates. is there some sort of national police certificate she will need?

C and Lore

Male

Argentina

2011-07-18 22:06:00

One other question. She got the police certificates from all of the provinces she's lived in. Does she need some sort of national certificate?

C and Lore

Male

Argentina

2011-07-18 20:32:00

well the overpaid line is more about venting and government jobs are usually good. anyway, if you cant type the information provided then you are overpaid since you're not doing your job.

anyway, on subject it seems like everyone's solution is the same as mine. i figured at worse they'd say no but at the end of the day at least they would have to communicate with us at either A: the corrected address or B: by phone to say we have to use their stuff. or either they would take the papers we sent.

as far as the doctors appt. she's going to schedule it when she knows about the interview. She will go to have the doctors appt 3 days before the interview. reason being is she's not from Buenos Aires. She is from the NW, which is 17 hours away. It'd be like driving Cleveland to Miami just for the exam and coming back. Its expensive to do as well. They say you get the results in 24 hours, so if she does this, she'll get them the day before the interview.

I'm just so frustrated. I knew back in early June something was wrong. I tried telling the Department of State Visa Office this back then that something has to be wrong. But all she could be bothered to do was slander a country she knows nothing about. They've been passing the buck for a month now, and now my patience is gone.

Anyway thanks everyone for your thoughts and input.
:

C and Lore

Male

Argentina

2011-07-18 20:09:00

Our petition was approved April 4th, and the NVC notified us they sent out our petition to Argentina in a letter dated April 22nd. We still havent received the packet to send back to the embassy. I called the embassy through the 800 number and the international number, they refused to forward our calls to persons who could help. I called the NVC they refused to look into it. This was all before the second week in June. I emailed the embassy again June 30th to see if we could download the forms they require from their website, also ignored. I emailed my house representative, no one contacted me.

Fastforward to today. I found out that some overpaid immigration or State department official didnt correctly input her address. They left off her unit number and the postal code. Now the Visa office at the State department says, well if they dont contact you (embassy) then contact your congressperson. Well I did that before today and they didnt contact me back.

So my question of help is, does anyone here have any suggestions or been in this situation. I have no idea of what else to do. All else I can think to do is to just send the downloaded forms from the embassy website even though they havent been requested yet. Any suggestions, or contacts in the State department that could help.

C and Lore

Male

Argentina

2011-07-18 17:08:00

when you say tax deduction are you referring to claiming her as a dependant on my taxes, or is there an actual deduction you can claim for this process? sorry for the naivete regarding this but i'm not a tax person so i ask for clarification when i hear this stuff

C and Lore

Male

Argentina

2011-05-25 14:30:00

i guess my frustration on the fees is more related to the fact that just years ago i costed a fraction of this to do this process. I know at minimum AOS was tons cheaper. The cost of living has increased but not 100-200%. When I get charged that much more, then it feels like a rip. I'm not saying its not worth it, but I dont make 6 figures a year, I dont even make more than 50k, and I live in Miami which is easily one of the most expensive locales in the country, its just rough to make it through these kind of numbers.

But to be clear I know its worth it. And she knows I feel that way too.

C and Lore

Male

Argentina

2011-05-23 15:18:00

ugh...just seems like the US government is trying to take advantage. I knew about the 1000USD when she gets back here. But not this. Sometimes I wonder if I should just go there. I can go there with 200USD plus marriage license, so much easier.

Thanks all for your help!

C and Lore

Male

Argentina

2011-05-23 11:17:00

My fiancee and I were had our petition approved and documents sent to the Buenos Aires consulate. I paid the initial fee to file the petition with USCIS. Is there another fee to pay again for applying for the visa itself?

It appears like I have to pay another $400 USD for her interview.

Anyone with experience with this?

C and Lore

Male

Argentina

2011-05-23 10:48:00

Bad Packet

thanks. i'll try to post over there too. thats why i wanted to ask since i know all the consulates are a bit different (quite stupid that it is that way though).

C and Lore

Male

Argentina

2011-08-13 14:09:00

Bad Packet

One more piece of information in case it helps. We did have a ceremony at the cathedral in Jujuy. We did not register or apply for a marriage license and worked out a deal to file all necessary licenses once arriving back in Miami. Also I did not take or apply to take any required blood or medical tests which are required by Argentine law for legal marriage.

C and Lore

Male

Argentina

2011-08-13 10:52:00

Bad Packet

My fiancee prepared and sent our packet to the consulate. Unfortunately in her haste she forgot my mantra of 'its the quality not the quantity.' She sent literally almost everything she could find. Some she proofread some she didn't. Now after going back and reading the emails she included, she found that one of the emails she sent references our wedding ceremony we had planned for mid-June. Basically it says:

'If you dont remember my (insert item here), its ok. You can bring it when you come for the wedding.'

We also sent MSN chat sessions and about 40 some odd pics not including the 12-15 pics (all pics show us travelling around both countries, seeing family, etc. no party or wedding pics) I sent in the initial packet. I personally proofread the MSN chat sessions so I know nothing was in those even mentioning it. She's gone over the other things now and there's no mention in anything else she read.

My question is where to go from here? I dont plan to bring it up in the interview and she's going to get documents from her place of residence in Tucuman and where she's from Jujuy to show that the province considers her legal marital status to be single, however will the consulate be likely to consider this enough proof?

She is in Argentina and her interview will be in Buenos Aires. I will be there at the interview to help guide the interview, but I want to make sure she's prepared. She has a tendency to ramble do to her trusting nature. Also should we enlist the help of a lawyer? If so does anyone know of a good lawyer. I tend to distrust them because its hard to find if they really know what they are talking about.

Any thoughts would be useful.

C and Lore

Male

Argentina

2011-08-13 10:50:00

Customs Duties

My fiancee and I were gifted some items for our future married life. Will she be forced to claim these items and pay taxes on these items? This is probably not posted in the right area, so if an admin can help and move it there.

However anyone with experience or knowledge on what she should do regarding her customs declaration, I would really appreciate it.

C and Lore

Male

Argentina

2011-09-25 22:04:00