ForumTitleContentMemberSexCountryDate/Time
United KingdomThe 2008 United Kingdom Interview Thread!
We got our interview date!!!! I called the DOS and our date is Feb 14th at 9:00am. WOO HOO! It's a little far out but Im thankful.
JodinjamesFemaleUnited Kingdom2008-01-07 11:10:00
United KingdomThe 2008 United Kingdom Interview Thread!
yeah I think you are right about that! I bet our file got stuck on that person's desk who took this week off too! Well here ot keeping our hopes up!!!

QUOTE (ddkm @ Jan 3 2008, 10:09 AM) <{POST_SNAPBACK}>
QUOTE (weedebz @ Jan 3 2008, 04:01 PM) <{POST_SNAPBACK}>
QUOTE (Gwen666 @ Jan 3 2008, 03:02 PM) <{POST_SNAPBACK}>
QUOTE (Jodinjames @ Jan 2 2008, 10:40 PM) <{POST_SNAPBACK}>
Hi,

Well it's been almost 30 days since the London Embassy has had our package 3.....we have been elligible to be scheduled for an interview since 12/17.....Im getting so anxious, does this seem like a long time to have heard nothing? I am seeing people who sent their info in much earlier with dates already. What is the general consensus as to how long this might take?

Thanks!

Jodi


According to the Department of State, London is taking four to eight weeks to schedule interviews and doing them in no particular order.


No kidding!!!!!


I too have been eligible and waiting since December 12th...calling DOS and eagerly checking the post every day to hear about a date, but nothing yet. Still hoping for a January interview though


I think they all just took 2 weeks completely off over christmas at the london embassy

JodinjamesFemaleUnited Kingdom2008-01-03 23:00:00
United KingdomThe 2008 United Kingdom Interview Thread!
Hi,

Well it's been almost 30 days since the London Embassy has had our package 3.....we have been elligible to be scheduled for an interview since 12/17.....Im getting so anxious, does this seem like a long time to have heard nothing? I am seeing people who sent their info in much earlier with dates already. What is the general consensus as to how long this might take?

Thanks!

Jodi
JodinjamesFemaleUnited Kingdom2008-01-02 21:40:00
United KingdomThe 2008 United Kingdom Interview Thread!
Wow that is great news! Congrats! we were elligible as of 12/17 so hopefully we are right behind you!!!

QUOTE (English Muffin @ Dec 31 2007, 07:35 AM) <{POST_SNAPBACK}>
I got my interview date today and it's on January 8th. kicking.gif kicking.gif kicking.gif

It's not much notice but I don't care!!!

Gillian

JodinjamesFemaleUnited Kingdom2007-12-31 18:12:00
United KingdomThe 2008 United Kingdom Interview Thread!
Hi everyone...

We are hoping to have our date soon too! I have been calling the DOS checking on it almost every day, they probably hate me by now. Good luck everyone and happy new year!

Jodi
JodinjamesFemaleUnited Kingdom2007-12-29 14:27:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Canadian Citizen removed with 5 year ban - unique situation

 

Not necessarily.  If the business owner doesn't have the money, then he can't pay anybody to do it.  Money doesn't just spit out from heaven because you're starting a business!  Sometimes owners of startups simply don't have the money to pay people to help them in the beginning.  If they can get a little free help from a friend, then that can be the difference between the business succeeding or never getting off the ground.  If it never gets off the ground then no USC will ever be paid by it.  If it does get off the ground however, then probably many USCs will earn a wage from it.

 

I know that's not what the CBP looks at or is even capable of determining.  But I'm just commenting on the realities of starting a business.  You say it's a job that would have "normally" been paid.  Well normally maybe if it was an already-existing business.  But in a startup, a lot of things go normally unpaid.

 

I know that money just doesn't spit out from heaven. Just like how it doesn't get delivered by the fedex bird... 

 

However, CBP agents don't care if it's a start-up or not. At the end of the day, OP was working. Whether it was paid or not, he was working. Whether it was a start-up or not, there are people getting paid to do this work. Maybe not by OP's friend, but other businesses would pay someone to do that job. By him bringing his credentials, only made it seem as though he was more involved then he was.

 

The law isn't only for one company or one start-up or one person who has the means or doesn't have the means to start a business. If you enter the US to work without proper documentation, you're subjecting yourself to being banned whether you're doing it on a large scale or for a start-up. The struggles of opening a business is irrelevant.

 

I've worked in start-up environments a lot. I've consulted for start-ups many times. I completely understand what it means to scrape the bottom of the barrel to try and get things done. However, that's not the issue. Being a start-up and not being able to afford to pay someone isn't the issue. The issue is that the volunteer work or the work that was done was by a non-USC, COULD HAVE gone to a paid worker who is a USC. The CBP agent doesn't care if you're a trust-fund baby and have all the money in the world to open the cute cookie shop you've always wanted or if you're grinding it out 20 hours a day to get a start-up up and running. The reality is, CBP agents don't know whether or not he could've afford to pay someone or not and whether he could or couldn't, isn't relevant to them. Just because a start-up is struggling and can't pay someone to do the work, doesn't mean that the laws don't apply to them.

 

The CBP agent see's a Canadian entering the US multiple times with their credentials to help a friend. He was compensated with beer and pizza. He was working. The CBP agent determined that the business owner couldn't do this job himself and unless he knows someone else who can do it (another USC) he would have to pay someone to do it. And if he didn't pay someone to do it, then he couldn't open his business. Thus the fact that even though this new business owner struggled financially to get his business off the ground that the OP still unfortunately worked. 

 

There are many things I've learned through my personal immigration process and talking with others who are going through theirs. Some I agree with and others I don't. However, what my opinion is doesn't really matter because the law is the law. Justification doesn't mean they won't hold you to what's written in the law. It's like how someone can be denied a visa and banned for a year by admitting to smoking pot ONE time as a teenager during their medical. You see these threads come up here when people are doing their K1 or whatnot. Do I agree that they should be punished for something they did was a young teen and that they could never change? No. But unfortunately, you're entering the US and they set the rules. 


LightsNot TellingCanada2014-06-12 19:13:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Canadian Citizen removed with 5 year ban - unique situation

 

That's not true.  It appears that being a new business his friend couldn't afford to pay anybody.  Webman said he had two other people, US Citizens, doing the work for free too.  So apparently Webman's doing this free work would have only taken work away from people who were willing to work for free.  And that's not taking work away from people. 

 

But it's a job that would have been normally paid. 

 

When I was researching whether or not I could volunteer during my time waiting for my EAD, the conclusion was that jobs that normally are predominately not volunteer positions, but become non-paid volunteer positions are not allowed. For example: If a non-profit use to have a paid accountant on staff, but now they have a volunteer position, this is a no-no. But, if the non-profit is an animal shelter and all non administrative roles such as animal care-takers, fundraisers etc. are generally always volunteer, this is OK. 

 

Also, wanted to edit my first post because I didn't see the error until after posting (and now can't edit)... the show, Border Security showcases people entering CANADA not us. :)


LightsNot TellingCanada2014-06-12 14:58:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Canadian Citizen removed with 5 year ban - unique situation

Wow, I really hope you come to Canada and break a rule you didn't know about at the border. Then, be told about it and sent on your way being treated with dignity and respect the Canadian way!!!

 

I sat on a concrete slab for 9.5 hours and not given anything to eat or drink until I was 7 hours into the process in which I received cold pop tarts and a can of coke. I informed the CBP officers I had not eaten anything and was hungry and even willing to pay for food delivery!!! Sitting on a cold concrete slab certainly didn't help my enlarged prostate and made me have to go to the bathroom every half hour at which time I needed to ask permission to do so! I wasn't in a holding cell. I was in the lobby of the CBP office!

 

If I don't know the laws of your country since I am not from your country, then how am I supposed to know what they are unless someone informs me? No, not every office has IT certificates on the wall! I'm an honest person. If I truly wanted to intentionally enter the US for work and lie about it, I wouldn't of brought my original IT certifications in their original frames!!! I would have either not bring them at all or shipped them separately!!!

 

Your CBP officers have a job to do to protect their country and citizens from people entering the country to do harm to the country. I was not doing that! I was going to help a friend get his business set up so he would be able to open the doors sooner and help the US economy. All the while I was doing this for free and heading back to Canada after 3 weeks!!! wow, I guess I should of been executed in front of a firing squad instead right?

 

 

 

OP, I understand your frustration, but at the end of the day... what we don't know, is still our responsibility.

 

I'm sure CBP officers do get non USC come through the border and are aware of exactly what they're doing is illegal. But when caught, they would say, "I didn't know. I'm from xyz". I'm not saying this is what you did, but if you look at your situation outside looking in, you have to see what you did, didn't exactly put you in the best light. Even though you were being honest, someone who doesn't know you at all sees you coming through a few times, with paperwork, and such. It looks very suspicious. 

 

Have you watched Border Security? It's actually a Canadian show that shows people entering the US. Canadians have similar laws. I remember an episode where a tattoo artist came in to help his friends new shop. He didn't have appropriate work visa and was denied entry. I don't remember if he was going to get paid or not. There was also another episode of a guy on his way to edmonton. He said he wasn't working and helping someone with his business... but they found a resume in his bag and denied him entry. A resume, a certification, just gives more reason for them to think you're illegally working. It's something you showed them and brought over the border and they have to go with the evidence that is there. 

 

Many of us on this forum have gone through the immigration process where we can get scrutinized for our intentions and what we're doing. Why are you marrying a USC? Is it real love? Is it a sham? We've also seen our fair share of frauds and those trying to bend the rules to fit them. It's made it harder on those who wait the processing times to get it done correctly.

 

At the end of it, the CBP agents were just doing their job. Yes, some are nicer than others but they are still doing their job. Not knowing isn't a good enough reason to be let off the hook. And the documentation that you brought, obviously made it worse for yourself. To them you're either 1) giving your certification for false credibility for the business because you're technically not working there so your credentials are lent (which doesn't look good either) or 2) you actually have intentions to work there, given why you had your credentials. 

 

As a Canadian who is moving to the US (in a week and a half - eek!!!), I know my parents will come and visit and if we need help with anything, they would try and help. Or if they decide to do the dishes, they're just being considerate house guests. Obviously, this is much different from someone helping a friend build a business and 'lending' credentials than a mother who's helping her daughter with a newborn by turning the dishwasher on. 

 

CBP agents have common sense and discretion. Correct me if I'm wrong, but I haven't seen many threads open where someone says: My mom was asked at the border what she'll be doing during her visit and she said she'll be lounging at the beach and spending time with her daughter and new grand-baby.  And the CBP agent proceeded to ban her because she was working as a nanny. But I have seen threads and have read other articles where people come in and accidentally work and say they didn't know, such as a photographer coming into the country to do a shoot not realizing that they need proper work visa to do it. 

 

Sorry to hear this happened to you... and hope there is a way where you're not banned for the full 5 years. Sounds like an honest mistake, but a mistake nonetheless. And what you brought and told them, just didn't shine you in the right light. They fully believed you came in to work, illegally. Some of the things you brought cemented that. Good luck! 


LightsNot TellingCanada2014-06-12 14:34:00
USCIS Service CentersWhere is the CSC?
Yeah, in Laguna Niguel... I went there the other day to deliver a message. However, I did not go inside the building and was told on the phone that it is not open to the public.
Lexis&AryMaleIndonesia2013-02-22 10:17:00
United KingdomMistake on U.S tax return 1040

A letter stating his salary and that it will continue in the US and how it will be paid to him should be enough for London to easily approve.


Moving on to after marriage...
Get the tax return sorted for adjustment of status affidavit of support I-864. It does require the 2013 tax return as well as numbers off of 2012 and 2011. He will want to add another employment letter to supplement that new affidavit of support and maybe some US pay stubs if he has some by the time you file AOS.

On the tax return, his UK income (converted to USD) will be on line 7. That's where worldwide income is reported. Also any interest earned anywhere is reported on the interest line.

Form 2555 or 2555EZ is filled in to determine his foreign income exclusion, which is probably his entire salary. That exclusion goes on the 1040 on line 21 (Other income) as a negative number. So if he earned $40,000, line 7 says $40,000 and line 21 says -40,000. That will likely make his line 22 (Total Income) zero or close to it depending if he earned any other kind of money from investments. Because USCIS uses Line 22 (Total Income) when looking at your AOS support, his employment letter for that will be important to prove income not reflected on the tax return. That will be fine too. They don't throw you out if the tax return looks inadequate. They consider other proofs of his current income as reported by an employer or pay stubs.







Thank you so much Nich-Nick, that is the exact response i was hoping for. We do have a lot of evidence to prove his ongoing income, I was just worried that if the tax return stated zero they would request that we wait until we received a response from the IRS regarding the amended 1040. 

 

Thank you also for the tips for amending the 1040.

 

I'll let you know how the interview goes next week. At least you have allowed me to breathe easier in the days leading up to the interview. 


CONFRANCHIFemaleAustralia2014-05-02 17:08:00
United KingdomMistake on U.S tax return 1040

London does not require a tax return as proof of income for a K1 if there is another proof. But if he earns no US money, how is he able to sponsor you? Does he have a current source of income that will continue back in the US?

 

He will be working for the same company from the U.S but he will be working from home and getting paid USD instead of GBP.

 

He is a software developer and has been working for this UK based company since we were living in Australia four years ago. He was getting paid AUD when we lived in Australia. Since then we moved to the UK and in a few weeks we plan to move to the U.S where he will continue to work for this UK based company but he will be getting paid USD and paying U.S taxes. 

 

Nich-Nick, do you think it would be wise to get a letter from his employer (as well as the standard employment letter) stating that he will continue to work for them as usual from the U.S and that they will be paying him in USD etc?


CONFRANCHIFemaleAustralia2014-05-02 15:34:00
United KingdomMistake on U.S tax return 1040

He needs to have tax returns for the last 3 years.

Do you have a Joint Sponsor?

 

Sorry I didn't specify that this is for the K1 and not the AOS so he doesn't need 3 years, only the most recent tax year.

 

We don't have a joint sponsor, only my fiance.


Edited by CONFRANCHI, 02 May 2014 - 02:26 PM.

CONFRANCHIFemaleAustralia2014-05-02 14:25:00
United KingdomMistake on U.S tax return 1040

Hi All,

 

My fiance and I are in a rare situation and I'm wondering if anyone has had a similar experience. My interview at the London Embassy is scheduled for next Thursday (May 8). I am Australian and the beneficiary and he is a USC and the petitioner. We are both living in the UK on a Tier 2 Work/Partner Visa.

 

As many others seem to have done, my USC fiance didn't realise he was supposed to file US tax returns when he was earning money and paying taxes abroad. We have since realised (only this week) that he was supposed to file even though he is abroad. That's fine, his income is less than the amount that would incur owing the IRS any money so that is not the problem.

 

He went ahead and filled out the 1040 return online last night and I now have his US tax return to present at the interview. 

 

THE PROBLEM: For his income, he put it as $0 as he thought it referred to US income. He has filled out Form 2555 (the Foreign Earned Income Exclusion) declaring his full income earned abroad. This needs to be posted so we will photocopy the pages from that form and I will take them with me to the interview.

 

I believe he needs to now fill out Form 1040x to amend his tax return to show his foreign income but this cannot be submitted online, only by post. So we will photocopy the pages from that form also to show the consulate official.

 

So in summary, I will be presenting to the US consulate officer (along with all the other necessary docs required for the I-134) 

- His US tax return showing no income.

- Photocopy of Form 1040x (showing amendment)

- Photocopy of Form 2555 (FEIE)

- His most recent Australian and UK tax returns

 

Question: Will the consulate accept the above as meeting the requirements for his US Tax Return?

 

Thanks for reading my long-winded question!

 

 

 

 


CONFRANCHIFemaleAustralia2014-05-02 13:23:00
United KingdomStill no visa...

Ok update - just got through to DX and after searching for my surname, I was informed that yes, my 'item' (passport) is ready for collection. 

 

So I will be heading in tomorrow to collect it - yay! 

 

I strongly advise everyone who is waiting to be contacted to call the DX office and have them search under your surname. The number I phoned was 0871 562 6666 and I pressed option 2 which i believe is for 'you have received a card notifying you of an attempted delivery'. Of course I hadn't, however there was no other suitable option. I was on hold for about 20 minutes. 

 

Good luck everyone. 


CONFRANCHIFemaleAustralia2014-05-15 11:22:00
United KingdomStill no visa...

My interview date was also in London on May 8 2014 (sorry haven't updated my timeline yet) and my status was changed to 'issued' on May 9. However I still have not received an email or any notification that my visa is ready for collection at the Chancery Lane, London office. It has been 5 working days.

 

I am currently on hold on the phone trying to get through to DX to see if they can search under my name etc. 

 

As far as I am aware, we don't have any tracking number though?

 

My flight to the U.S is booked for next Wed 21st so getting nervous now that it won't be ready in time. 


CONFRANCHIFemaleAustralia2014-05-15 11:12:00