ForumTitleContentMemberSexCountryDate/Time
US Citizenship General DiscussionMoving to a different state!

I can't think of any reason why not, offhand, but I don't know. You may want to make an InfoPass appointment with your local office to find out for sure.


HeatDeathMaleCanada2013-07-16 11:20:00
US Citizenship General DiscussionMoving to a different state!

You cannot naturalize (attend an oath ceremony and actually become a citizen) unless you have been living in the USCIS district you will naturalize in for 3 months.

 

So yes, regardless of whether you move before or after the interview, moving before you take the oath will significantly delay your citizenship process.


HeatDeathMaleCanada2013-07-16 11:03:00
US Citizenship General DiscussionN-400 Application

If you are voluntarily separated from your USC spouse, even if you are not legally divorced, you no longer qualify to file for citizenship after three years of permanent residence, since you are no longer living in a marital union. You must now wait until you have been a permanent resident for five years.


HeatDeathMaleCanada2013-07-17 01:22:00
US Citizenship General DiscussionWhat happens if you move to a different address after Biometrics?

My N-400 biometrics appointment was in early November, but my interview notice didn't show until late February. This is totally dependant on how busy your local office is but it can take quite a while.

 

If the address you are moving to is in the same city, I don't think it should make too big a difference. One of the requirements for filing for naturalization is having lived in the same USCIS district for 3 months. I don't know if moving after filing but before the oath resets that clock, but it shouldn't affect you either way, since you're in the same city.

 

To notify USCIS of a change of address, go to USCIS.gov, click on Forms, and it's the one at the top of the list: AR-11. In there you'll find a link to do the change of address online instead of mailing in a paper form.

 

The biggest danger for your case is if the change of address you file on the USCIS website doesn't filter back to your local office, where your N-400 will be adjudicated. This could cause you to miss notices, which would complicate things. It might be a good idea, after you move, after you file the AR-11 online change of address (doing it online may work better/faster than the paper form), to hand deliver a copy of the paper form to your local USCIS office.

 

 


Edited by HeatDeath, 18 July 2013 - 01:00 PM.

HeatDeathMaleCanada2013-07-18 12:51:00
US Citizenship General DiscussionTax owe paid question

There are actually two kinds of transcripts you can order from the IRS - a return transcript and an account transcript. The account transcript will show any outstanding amounts owed.


HeatDeathMaleCanada2013-07-18 22:36:00
US Citizenship General DiscussionGood Moral Character Section

Interesting. I did not get a yellow letter, despite ticking "Yes" on box 16. 

 

What may have helped was I put the requested explanations of my answers to those questions in my cover letter (which concluded with a sincere apology and a plea for leniency in the determination of my moral character), and included my court-certified docket report and evidence of having completed the sentence and a copy of the citation and basically every single paper I accumulated through the whole process in my initial N-400 packet. There literally wasn't anything to bring to the interview that they didn't already have from me, by way of documentation.


HeatDeathMaleCanada2013-07-21 01:37:00
US Citizenship General DiscussionGood Moral Character Section

Say yes. It's better to report something that they don't really care about than to say "No" and thereby gloss over something that might be material.

 

I had a traffic ticket that had a community service component to the sentence, so I reported it in full, and included all documentation. At the interview the IO said I needn't have bothered, but they fixed it.

 

Saying "No" when the answer is yes, particularly on a question that central to whether you qualify or not, might be material misrepresentation. So err on the side of honesty.

 

I'm pretty sure your open container charge is definitely an "offense", so in your shoes, I would definitely answer "Yes" there.


HeatDeathMaleCanada2013-07-20 19:54:00
US Citizenship General DiscussionN400 Question Clarifications

I stroked out "five years" on both those questions, and wrote in between them "three years - applying based on marriage", and included a paragraph explaining this (and referencing the specific question numbers) in my cover letter.

 

It seemed to work perfectly fine - the IO didn't even mention it at the interview.


Edited by HeatDeath, 23 July 2013 - 12:09 PM.

HeatDeathMaleCanada2013-07-23 12:08:00
US Citizenship General DiscussionMultiple Citizenships by birth?

Per http://en.wikipedia....nationality_law :

You were born to a Czech citizen, so you became a Czech citizen at birth.

 

Per 2.2.1 Birth abroad to two United States citizens

You were born abroad to an American citizen who had [presumably] fulfilled the requirements of this section so you [presumably] became a US citizen at birth.

 

Clear so far. I don't have enough information to analyze your claim to Canadian citizenship. According to http://en.wikipedia....Birth_in_Canada , if, at the time of your birth, one of your parents was a Canadian citizen and/or PR, you would be a Canadian citizen at birth by virtue of having been born in Canada. 

 

So you probably became a citizen of all three countries simultaneously, at birth.

 

This clarifies an important point from your original post: you are not obtaining citizenship to anywhere, and you never have. You've had all three citizenships since birth. You're just obtaining documentation to prove that you have these citizenships. Which is a very important distinction, particularly as far as the Czech republic is concerned.

 

This is important because according to the Czech Nationality law wikipedia article, Czech law bans acquiring another nationality unless by marriage or birth. The Czech Republic will strip you of your Czech citizenship if you acquire another nationality through any other method. But if you acquired all three nationalities by birth then you're fine. 

 

The Czech Republic is the sticking point here. To answer your specific question, neither the US nor Canada will force you to relinquish their own or either of the other two citizenships. And it looks like the Czech Republic will be fine if you acquired all three citizenships simultaneously at birth. So it looks like you're ok to obtain proof of your US citizenship.


Edited by HeatDeath, 23 July 2013 - 12:33 PM.

HeatDeathMaleCanada2013-07-23 12:30:00
US Citizenship General Discussioncitizenship obtained through Child Citizenship Act 2000 - having trouble proving it

The reason a Certificate of Naturalization is not normally required is because the Passport Agencies, at least in the US, will issue a passport to a child who obtained naturalization from their parents, if they are provided with documentation proving each of the four conditions of the CCA2000 Act, which you quoted above.

 

It sounds like the consulate you talked to, assuming the employee you talked to wasn't mistaken, has a different policy, which is a realistic possibility You can try to talk to a supervisor and get a second opinion, but if the employee was correct about what documents the consulate will accept, you'll pretty much just have to bite the bullet and order certificates of citizenship for the kids.

 

I would not recommend trying to enter the US on their green cards without first talking to the consulate and/or CBP section at whatever airport you'll be flying in to. 


HeatDeathMaleCanada2013-07-24 11:42:00
US Citizenship General DiscussionUrgent form n-445 questions

Your ticket is a citation, most likely, so I would put a "Yes" for 4.

 

I would probably put a "No" for 3, because law enforcement have officially responded to your offense, in the form of the ticket. As far as I know, the intent of 3 is more to get you to declare you haven't done anything that law enforcement is unaware of. Law enforcement are aware of your offense (they gave you a ticket), so I would, I think, put "No" for that if I were in your shoes. You'll have an opportunity (requirement) to explain everything to an IO at the oath ceremony if you answer yes to any of the questions anyways, and they'll be able to say authoritatively what your answer for 3 should be, given your circumstances.


HeatDeathMaleCanada2013-07-26 19:22:00
US Citizenship General DiscussionTraffic ticket

Whether you fight the ticked or not is irrelevant to your oath ceremony. You've been cited, so you check "Yes" on the oath ceremony form, and bring any documentation you have of the incident to your oath ceremony. A USCIS officer will look over your documentation and you'll be fine to take your oath. Fighting the ticket will not delay your oath, and having the traffic ticket is almost certainly not grounds to deny you.


HeatDeathMaleCanada2013-07-27 17:05:00
US Embassy and Consulate DiscussionQuestion about I-134
My USC fiancee was unemployed through the entire process. Her mother offered to be our co-sponsor for the I-134s for the visa interview, and our joint sponsor for the I-864s for AOS.

At the interview I had to submit a fully documented and filled out I-134 from each of them. In my AOS packet I had to include a fully documented and filled out I-864 from each of them. Even though my now-wife's forms had very little information on them (mostly 0's, due to a lack of recent income) I still needed full forms from her for both the visa interview and AOS.

At no point in the process did USCIS show the slightest interest in my income or assets. Your sponsor and/or co/joint sponsor must qualify on their own.

Note: the required documentation for the I-864 is a superset of the required documentation for an I-134. At the visa interview you only need I-134(s), but you should include copies of all of the requested documentation for the I-864 as well. In addition to making your evidence of support rock solid in the eyes of the consulate, this will save you time and effort when AOS time comes, as you will already have gathered all of that documentation.

Edited by HeatDeath, 09 March 2010 - 02:24 AM.

HeatDeathMaleCanada2010-03-09 02:21:00
US Embassy and Consulate DiscussionI-134
Yeah, you don't need the I-134 until the interview. When interview time comes around, exactly what you need for the I-134 can seem a little fuzzy. I figured it out this way:

-The I-864 is the affidavit of support used with immigrant visas. (You're going to do one of these for the AOS process).
-The I-134 is the affidavit of support used with non-immigrant visas (This is what the consulate suggests for a K-1).
-The K-1 fiancee visa is a weird combination of nonimmigrant and immigrant visa. It is technically a nonimmigrant visa, but one given with the understanding that you will become an intending immigrant later .
-The documentation required for the I-864 is a superset of the documentation required for the I-134. Which is to say that the I-864 requires basically everything you need for the I-134, and more.

So when you're putting together your "evidence of support" as requested for the interview (which you deliver personally, at the interview), make sure you have all of the documentation required by both the I-134 and the I-864.

What I brought to the interview was this: an I-134, with any evidence required by an I-134, and all of the evidence that would have been required as if I was bringing an I-864. It worked for me.

And this way, I was more than ready, when AOS time rolled around after my wedding, to quickly fill out the I-864, having gathered all of that evidence already.
HeatDeathMaleCanada2010-03-08 17:08:00
US Embassy and Consulate DiscussionChecking visa status online
After sending in your I-129F, you will receive the NOA1 receipt notice. It will have a case number. You can enter the case number online at www.uscis.gov and track it until your I-129F petition is approved. Once it is approved, USCIS will send your case to the National Visa Center, and the NVC will, after a week or two, send it to your local US consulate. The consulate will then send your foreign beneficiary instructions on how to apply for the visa. As far as I know, there is no way to track a case's progress through the NVC online or through the consulate.

After the consulate approves the visa and gives it to your beneficiary, they will use it to enter the US. You two will marry, and then file an I-485 AOS application, an I-765 application for an EAD, and an I-131 application for AP travel documents. You will receive NOA1 receipt notices for each of these three applications. Each will have it's own case number, and you can enter these online at the USCIS website and track these cases, just as you were able to do with the I-129F case number.
HeatDeathMaleCanada2010-03-21 22:26:00
US Embassy and Consulate Discussionwhich forms to fill out on the plane?

thanks for all your helpful advices. My fiance is living in Seattle and I wanted to book a flight from Germany to Seattle via Chicago. Do you think it might be better to have the first airport in the US also your 'final destination'? Or does it not make a difference wheather your paperwork is sent to USCIS from Chacago or Seattle?

Thank you!!

It's purely a question of personal convenience. Generally speaking, fewer layovers are easier, and therefore better, unless there is a huge price difference with the direct flight.

It makes absolutely no difference to your immigration process which airport you go through Customs and Immigration at.

Make sure though, if you are going through Customs and Immigration at a layover airport before continuing on to your final destination, that you allow at least 4 hours at that airport to do so. Unexpected delays are always a possibility, so allow lots of time for processing at Immigration. Some people get through in 10-15 minutes, but some end up needing up to 1.5-to-2 hours at Immigration, in addition to the normal time (at least an hour) needed to make a reasonably calm airport transfer. Give yourselves lots of time.
HeatDeathMaleCanada2010-03-23 00:18:00
US Embassy and Consulate Discussionwhich forms to fill out on the plane?
Make absolutely sure you fill out the I-94 card carefully and completely. Getting it fixed if you write two letters of your name in a single box or they misspell it is a pain in the rear later. Also, make sure you go through Immigration at the first US airport, and that they take your big visa packet and stamp your passport and attach your I-94 in your passport correctly. There've been a couple of posts here in the last few months about people getting their name misspelled on the I-94 or not receiving an I-94 or not having their packet processed properly and then having to correct it later on. Triple check everything on your I-94 before leaving the Immigration area at the airport.

Read a bunch of airport PoE reviews so that you know what to expect and can make sure it's being done properly.
HeatDeathMaleCanada2010-03-21 21:33:00
US Embassy and Consulate DiscussionI-134: where does it say you need 3 years of tax info?
Agreed. You need to check what other people going through Paris have had to do. As I recall, for Vancouver Canada, the consulate instructions were vague as whether even the I-134 was required. They say you need to bring "proof that you will not become a public charge in the US" (or words to that effect), and they suggest the I-134, but I don't believe the written instructions stated that one was required. Now what the consular officer thinks is required, that is another question altogether. :)
HeatDeathMaleCanada2010-03-23 20:10:00
US Embassy and Consulate DiscussionI-134: where does it say you need 3 years of tax info?
I-134's are affidavits of support intended for holders of nonimmigrant visas. I-864's are affidavits of support for holders of immigrant visas. K-1 visas, while technically nonimmigrant visas (and therefore using the I-134) are a weird hybrid of nonimmigrant and immigrant visa. The consulate knows that anyone applying for a K-1 is in all likelihood going to be an immigrant, even if they are not technically one at that moment. All K-1 holders will eventually have to obtain an I-864 anyways, for the AOS process.

The documentation and evidence required for an I-864 is a superset of the documentation and evidence required for an I-134, which is to say that the I-864 requires everything the I-134 requires and more.

Taken all together, what this means is that it is generally considered a good idea, when applying for a K-1, to include, in addition to all of the required documentation and evidence for the I-134, any additional documentation and evidence required for the I-864 as well. This reassures the consulate that you are meeting the evidentiary and documentary standards for an immigrant visa, and will later be able to meet those same standards for your eventual AOS process. It also saves you time later on - assembling the I-864 for your AOS will be much easier, as you will already have gathered the necessary material.

So read the instructions for both the I-134 and the I-864, and bring to the interview everything you would need for both forms [even though you aren't actually bringing an I-864 to the interview, just it's documentation and evidence].

Make sense?
HeatDeathMaleCanada2010-03-23 13:35:00
US Embassy and Consulate DiscussionPacket 3 received, DS-156 question
At Vancouver, Canada, last April, for the DS-156, Question 36, I put "No". Worked fine for me.
HeatDeathMaleCanada2010-03-28 11:42:00
US Embassy and Consulate Discussioninterview date schedule to earlier date?
If your petition had not yet been sent to the consulate/embassy, and was still sitting in USCIS/NVC limbo waiting for an available visa number, becoming a US citizen would jump it to the front of the line for an visa number, and significantly fast track the petition's approval. But it sounds like your wife has already received her visa application from the embassy, sent it in, and received her interview date. In this case, sad to say, your becoming a US citizen has no bearing at all on the scheduling of her interview.

It may be possible for her to contact the embassy and ask nicely if there is any way to move the scheduled interview up. I was able to reschedule my interview at Vancouver Canada from the end of last May back a month to the end of last April. She may need a good reason, though, and your imminent citizenship will not be enough. The reason I gave was that my work needed to know whether I would receive my visa as soon as possible. The embassy's willingness and ability to reschedule will be highly specific to that embassy. You or your wife will need to contact them directly.
HeatDeathMaleCanada2010-03-28 12:52:00
US Embassy and Consulate DiscussionI expected to fill out the I-134, not the I-864

It sounds like a mistake, but it could also be a recent change in policy on how they process K-1 visas. There is no particular requirement for which form to use, the consulate only needs to satisfy themselves that the beneficiary will not become a public burden. THEY choose which form to require.


From the embassy info page, it seems like there are some options to be able to talk to a real person about this. It is worth a double-check.
http://www.visajourn...s&cty=Amsterdam


Alternatively, since the I-134 and I-864 are similar in requirements, and since an I-864 is required for AOS anyway, you could play it safe without too much duplicated effort and simply prepare both.

That's what I did for Vancouver Canada last April. i had the evidence and documentation with me at the interview for both the I-134 and the I-864. Doing that saves a bunch of time when you go to do your AOS a few months later anyways.

When in doubt about anything at the visa application stage, always contact the consulate directly if it can be done easily. Processes vary too much between consulates to depend on other people's answers. I'll admit that since Vancouver was so easy to email (1-2 day turnaround on procedural questions, max) that I hardly needed VJ at all during that stage :)

Edited by HeatDeath, 25 March 2010 - 07:05 PM.

HeatDeathMaleCanada2010-03-25 19:03:00
US Embassy and Consulate DiscussionHorrible Email by AMERICAN EMBASSY RIYADH
First of all, don't panic! The wheels turn and they take time. A minor burble in their paperwork or background checks is nothing to worry about until and unless they tell you something worrying. Until they give you more specific instructions or information just take this as a courtesy mailing, like that annoying voice that comes on the phone when you're on hold every 30 seconds to apologize for the fact that you're still on hold. :)

Remember, if G-d is with you in this no force in the universe can stand in your way!
HeatDeathMaleCanada2010-03-12 20:02:00
US Embassy and Consulate DiscussionDS-156 Question
According to your account info, you are applying for a K-1 visa, which is a non-immigrant visa. An example of an immigrant visa would be a CR-1 spousal visa. Recipients of immigrant visas get their permanent residence status the instant they cross the US border [and their physical green cards a few weeks later], without having to do a separate Adjustment of Status process after they enter.

For your current visa application, your USC fiance(e) kicked off the process by submitting a NON-immigrant visa petition (the I-129F), which, when approved and sent to the appropriate consulate, allowed you to begin your current application for a NON-immigrant K-1 visa. An immigrant visa petition is usually filed using an I-130 form instead, or in addition to the I-129F. [There may be other ways to file an immigrant visa petition, particularly for the work-based visa classes, but we'll ignore that for now.]

So even counting your current application, the answer would still be no. You would know if the answer would be yes, because you would have very distinct memories of someone (either a USC immediate relative or a [potential] employer) having gone through, on your behalf, a process very similar to the I-129F, only even more involved. :)
HeatDeathMaleCanada2010-04-05 12:54:00
US Embassy and Consulate DiscussionVisa Denied
Many consulates have an unspoken rule that says "It doesn't matter what documentation we see, or even what documentation we ask for. if the USC isn't present at the interview, we will find an excuse to deny. And no, we are not telling them this in advance." Whatever you end up doing, I would recommend in the strongest possible terms that you be present in Kenya at the next interview.

Edited by HeatDeath, 06 April 2010 - 09:29 AM.

HeatDeathMaleCanada2010-04-06 09:28:00
US Embassy and Consulate DiscussionHelp with packet three
Part Two is an Immigrant Visa Application. You're applying for a K-1, which is a non-immigrant visa. Instead of the DS-230 Part 2, you'll do the DS-156 and 156K, or the DS-160, depending on which consulate you're applying at. The DS-156 is the non-immigrant visa application, and the DS-156K is the Fiance visa specific extension to it.
HeatDeathMaleCanada2010-04-19 20:39:00
US Embassy and Consulate DiscussionHelp with packet three
You can maybe put in one line for "Various Addresses, never more than 6 months", to fill in the gap between more stable residences. Or just leave it blank. Either way, you'll be explaining it verbally to the immigration officer at your interview. You won't get in trouble for following the literal instructions and just skipping over the period of time when you moved around a lot, but IO's usually don't like to see gaps in chronological chart questions like this.
HeatDeathMaleCanada2010-04-19 20:04:00
US Embassy and Consulate DiscussionRing or no ring
I (the male Canadian beneficiary) did not have a ring at my K-1 interview. I didn't even end up getting an engagement ring at all - just a wedding ring. At the time of the K-1 interview we had not even yet purchased my wife's ring. We had purchased the diamond that went into her ring, and I had the receipt for that. It was in the folder of new "evidences of ongoing relationship" that I brought to the interview, that the IO didn't even ask for :) . She (the IO) was far more worried about my USC now-wife's unemployment - not in and of itself, because we had a joint sponsor, but because I have diabetes and her employment status meant we wouldn't have health insurance for a while. That was her (the IO's) big sticking point, and we still got approved with no problems.

Your mileage may vary, not being a guy (and therefore being more culturally likely to have an engagement ring) but I really don't think it's an issue at Vancouver. Canada is a low-fraud country, and North America in general has very loosely defined, highly diverse wedding customs. A particular couple deciding not to have an engagement ring, or not having it yet, will virtually certainly NOT be a red flag, as opposed to (for example) the way not having met and gained the enthusiastic approval of both sets of parents can be in a MENA country. That one, BTW, is a HUGE red flag for most of those consulates.

You guys will be fine, I'm sure. :)
HeatDeathMaleCanada2010-04-21 08:29:00
US Embassy and Consulate DiscussionPolice Check- Canadians
Before I moved down here, I lived in Winnipeg, Mb, and worked in Steinbach, MB - a town about 40 km from Winnipeg. I went to the RCMP detachment in Steinbach, showed them my Packet 3 checklist, and they knew exactly what kind of check I needed. That Canada-wide check was the only one I needed - I confirmed with the Vancouver consulate that I did not need a Winnipeg Police Department check. I'd never lived anywhere else in Canada so I didn't need anything else, and I'd never lived more than 6 months in any other country, so that was all of the checks I needed.

I also did not have a criminal record (still don't) so the check was quick and easy and didn't involve fingerprinting. I understand the process is significantly more lengthy and involved if you have a criminal record.
HeatDeathMaleCanada2010-04-28 14:56:00
US Embassy and Consulate DiscussionInterview in Vancouver

Hi Beth,

Thanks so much for your response. I feel a lot more confident and prepared now. One thing I discovered on my own, however, is that I am supposed to pay the difference of the increased fee for the visa in cash at the consulate after all.

When I was going through this part of the process (K-1 visa application through Vancouver) I found that I got fast, maximally authoritative answers just by emailing VancouverK@state.gov. I hardly needed VJ during that phase at all. :)
HeatDeathMaleCanada2010-06-23 17:52:00
US Embassy and Consulate DiscussionPacket #3 Document Clarification
You need the final divorce decree - the actual judge-issued paper that makes you divorced. Depending on how it's worded, a certificate may not be the same thing. As with anything else you bring to the consulate (e.g the birth certificate), bring the original for them to see, and a photocopy for them to keep.

My RCMP police records check said it was only good for 6 months. I emailed Vancouver about this because I got my police report real early and there was some question as to whether or not my interview would occur before the 6 months were up. Vancouver said that the stated expiry date on the paper notwithstanding, they consider RCMP police reports valid for 1 year.
HeatDeathMaleCanada2010-08-09 09:12:00
US Embassy and Consulate DiscussionK1
Your question is a little unclear, but I'll take a shot at it.

The specific requirements for which documentS to send in with Packet 3 and bring to the visa interview documentation requirements vary a lot from consulate to consulate. Your fiance needs to read his Packet 3 information very carefully, and follow it to the letter, contacting the consulate directly via phone or email if he has any specific questions.
HeatDeathMaleCanada2010-08-16 20:22:00
US Embassy and Consulate Discussionhow to cancel K1 visa?
According to our timeline, you've had your K-1 interview. You might want to fix that. There are two ways you can cancel the visa, if/once it is approved.

The first is simply not to use it. Your K-1 visa will be usable for 6 months after it is approved. If you do not enter the US with it within 6 months, it will expire, and the whole thing will be done. The only downside with this approach is you may, when and if you apply for any other visas, have to explain why you never used the K-1.

The second way goes along with the first, and is simply to write a letter to the consulate, explaining to them what you just explained to us - that because of your personal situations you two have chosen not to use the visa at this time and could they please cancel it, close the file, and take any necessary steps so that in a few years, when and if you reapply, your previous history does not create any problems for you.

Since you haven't had your interview yet, you can imply explain this situation to the CO, and they will happily withdraw your application for you at the interview. They'll still make you pay the interview fee if you do that though. A better approach might be to write a letter like the one I describe above, also requesting to cancel the interview and withdraw the application. Send this in well before your scheduled interview and it might save you some money, if you haven't paid the interview fee yet.

Edited by HeatDeath, 21 August 2010 - 10:51 AM.

HeatDeathMaleCanada2010-08-21 10:51:00
US Embassy and Consulate DiscussionDo I really need to buy two way ticket or just one way?

Good point. However I am not sure how the officer would know you have a still valid RT ticket. From what I remember, the AOS package did not contain any reference to tickets like the 129F did. The officer at POE did not ask either. Maybe if you tell them at an interview? Does the officer have access to airline ticket records? We were approved with no interview so I am not sure if they would ask to see your tickets.

To be safe I agree and cancel the return portion if your scheduled return is dated after your AOS package.

The background checks USCIS do on your AOS, prior to any interview, include running your name through airline passenger manifests. If you have a return ticket, and never check in to that flight, the airline will try to resell it to someone flying standby. If the gate personnel fail to replace your name on the passenger manifest with the standby passenger's, your name will show up as being on a flight that left the US. It's the airline's screwup, but USCIS trusts the airlines more than they trust you.

It's almost certainly fixable via appeal, as long as you didn't do anything dumb (yes, I'll say it) like waiving any right to appeal by entering on the VWP, but it's still a big huge hairy mess, and it's your responsibility (and $$$) to fix it.

Because of this possible complication, I wold go so far as to say to the OP that it's better to buy a one way ticket than a round trip, even if it costs more. [If one-way is cheaper that makes it a slam dunk!] One more moderate risk (small probability but potentially catastrophic consequences) you don't need to take on.

Edited by HeatDeath, 21 August 2010 - 11:03 AM.

HeatDeathMaleCanada2010-08-21 10:58:00
US Embassy and Consulate DiscussionPort Of Entry
To amplify, every single international airport in the United States [and Canada, for that matter - any Canadian international airport with commercial flights to the US has a US CBP Customs and Immigration section, and if your flight changes planes in Canada, you will clear US Customs and Immigration in the Canadian airport before you board the final leg of your flight to the US] is a valid CBP PoE, and it does not matter at all which one you use. You can enter the US through any international airport you choose, no matter where you intend to eventually live in the US.

Edited by HeatDeath, 30 September 2010 - 12:31 PM.

HeatDeathMaleCanada2010-09-30 12:30:00
US Embassy and Consulate DiscussionVisa interview in different consulate.
My understanding is that if you currently have legal residence in a country other than your country of citizenship, and can prove this with documentation, you can arrange to have your interview in your current country of residence.

For example, someone from the Philippines living and working in Canada on a legal Canadian visa could have their interview in the appropriate Canadian consulate. If they can prove legal Canadian residence, they would not be made to fly back to the Philippines for the interview.

Arranging this will probably require contacting the US Consulate in Manilla, and sending them (by fax, email or normal mail) proof of your legal presence in England. As the previous poster said, this may very well add several weeks of delay to your processing, as they send the case over to the London consulate.
HeatDeathMaleCanada2010-10-22 11:15:00
US Embassy and Consulate DiscussionI-134 or I-864
Your mileage may vary, but for Vancouver, Canada, we included I-134's for my wife and her mother [or cosponsor]. Over and above the required documentation listed in the I-134 instructions, we also included anything listed in the I-864 instructions, just in case. We didn't include actual I-864 forms, but we did include all of the documentation the I-864 instructions specify, in addition to the documentation specified by the I-134 instructions, for each sponsor [my now-wife and her mother].

Not only did it make the sponsorship part of the interview go smoothly, it also made putting together my AOS packet several months later much easier,as we already had all of that material assembled and handy.

The primary variation between consulates that might make this strategy difficult is that some consulates do not allow cosponsors [with their own I-134's] at the consulate interview stage. I don't know if India is one of these, but that could complicate things, if you are intending to use a cosponsor.
HeatDeathMaleCanada2010-11-22 02:11:00
US Embassy and Consulate DiscussionIs a unabridged birth certificate needed for K-1 interview?
In Commonwealth countries, the "long form" BC will always have both parents names and places of birth. "Short form" BCs often omit detailed info about the parents.
HeatDeathMaleCanada2010-11-30 11:47:00
US Embassy and Consulate DiscussionHow do you Apply for an Visa Appointment.
The Visa Application envelope [Packet 3, to use the vernacular] the beneficiary recieved should have contained detailed instructions on how to complete the visa application process and schedule an interview. This sort of thing varies radically from country to country, so you might want to the the PI regional sub-forum. The website for the specific US Consulate/Embassy may also have the instructions.

Looking at your timeline, it looks Manila may only have just received the petition, so you two probably don't have your Packet 3 yet. Don't worry, the beneficiary should get it in the mail within a few weeks. It will have detailed instructions.

Edited by HeatDeath, 14 December 2010 - 03:45 PM.

HeatDeathMaleCanada2010-12-14 15:43:00
US Embassy and Consulate DiscussionMedical Info
I have Type 2 diabetes, controlled by diet and lifestyle. It's a class B condition, so it isn't grounds for inadmissibility in and of itself. When I did my visa interview, in Vancouver in April 2009, my USC now-wife was unemployed, and the IO expressed some concern about how I was going to handle things with no immediate access to health insurance, but she admitted that this isn't any kind of cause for inadmissibility. I imagine that a non-trivial probability of having a major medical expense with no health insurance could trigger a denial based on likelihood of becoming a public charge, if one's symptoms and complications were severe enough. I told her I'm young and reasonably healthy and I had a 6 month - 1 year supply of metformin and test strips, and that seemed to satisfy her.

I was able to get a copy of my medical at the PoE (which is apparently quite unusual) and while it says I should follow up with a US doctor upon arrival, I was never told this by anybody, and my AOS was transferred to the CSC and granted in under 90 days with no interview, so the "follow-up AOS almost-denial" may just be a matter of having a really b*tchy AOS adjudicator by pure bad luck-of-the-draw.

As near as I could tell, the immigration medical did NOT take an A1C or even a blood glucose test - they just included the physician letter in my file and checked "Diabetes" on the checklist of possible conditions. I have no major [or even minor] symptoms, so if I hadn't brought the letter, they wouldn't have caught it. But trying to hide it would have been a bad idea - see below.

YAS8MIKE: The instructions I received for the medical in Canada was to bring a letter from my physician documenting "any CHRONIC [their caps] illness or MAJOR surgery." So yeah, if they tell you something like that, you need to tell them everything. It's just like anything else in US immigration - you have no rights, no privacy, and lying or misrepresenting the facts will always always always come back and bite you.

Edited by HeatDeath, 23 December 2010 - 05:09 AM.

HeatDeathMaleCanada2010-12-23 05:06:00