biggish data

QUOTE (devilette @ Sep 27 2007, 02:58 PM) <{POST_SNAPBACK}>

QUOTE (meow mix @ Sep 27 2007, 11:52 AM) <{POST_SNAPBACK}>

QUOTE (fwaguy @ Sep 27 2007, 02:11 PM) <{POST_SNAPBACK}>

QUOTE (Engineer @ Sep 25 2007, 05:27 PM) <{POST_SNAPBACK}>

Hello:

The reason given is: "Beneiciary signed an affidavit noting that she married Petitioner SPECIFICALLY to incur immigration benefits and raise a family in the US".

Married is in the past tense so it indicates that an the marriage event has occured... If that is a fact, then you are no longer eligible for a K-1 visa and this cannot be overcome unless you re-petition and change visa types.

And have a really good reason why the affadavit was signed in the first place?

Actually, even that may not help.

Pretty sure that bit in red is a giant NO.

I know

I was being sarcastic (oops)

While fwaguy says it may not be completely closed, if they have signed "proof" of marriage/immigration fraud, I would think it would be EXTREMELY difficult to come here - ever.

athena_ny

Female

Peru

2007-09-27 14:18:00

QUOTE (fwaguy @ Sep 27 2007, 02:11 PM) <{POST_SNAPBACK}>

QUOTE (Engineer @ Sep 25 2007, 05:27 PM) <{POST_SNAPBACK}>

Hello:

The reason given is: "Beneiciary signed an affidavit noting that she married Petitioner SPECIFICALLY to incur immigration benefits and raise a family in the US".

And have a really good reason why the affadavit was signed in the first place?

Actually, even that may not help.

athena_ny

Female

Peru

2007-09-27 13:52:00

QUOTE (Engineer @ Sep 27 2007, 01:19 PM) <{POST_SNAPBACK}>

I guess my main question is:

Has anyone experienced working through the initial k-1 Visa denial process?

What is the success rate and time frame?

I have an appointment with a lawyer?

I'm not sure you can overcome this if they have signed proof that your future wife was only marrying for immigration benefit - ie marriage fraud.

This is beyond the scope of the board. Just go talk with your lawyer and let us know how it goes.

athena_ny

Female

Peru

2007-09-27 12:22:00

QUOTE (Bora Bora @ Sep 26 2007, 07:06 AM) <{POST_SNAPBACK}>

QUOTE

I think that being able to have a working knowledge of English should be an important factor when being considered for a visa. If the person really wants to succeed in America, they really should make an effort to learn English before they get here. The thing that I think this pertains to is whether or not the petitioner and the beneficiary can have a relationship if they cannot speak the same language. As others have stated earlier though, the OP needs to give us some more information.

I completely disagree. My husband knew NO English when he was approved for the K1 visa. I lived in Brazil and speak fluent Portuguese - that is how we've always communicated. We spoke to the CO in Portuguese during the interview - unless he was directly questions at me, then we chatted in English.
My husband had NO desire to leave his hometown, let alone his country, and you have to pay for English classes....so that was not a priority for him. He should not be penalized because he fell in love with an American who later chose to live with him in the U.S.
Now he's working his hardest to learn English, and I'm proud of his success so far. It's not easy for everyone, but he studied, and now practices at work (and home) to improve it.

My husband was an overstay, so not the exact same situation but when he came here in 2002 he spoke no English - his father brought him for a "visit" that turned into...more than a visit and he was forced to learn English. When I met him he spoke English, but I can muddle my way through speaking Spanish (I understand/read/write way better than I speak) to communicate if I had to. His English is 3x better now than when I met him - when we met there were times I had no idea what he was saying. So yeah, I don't agree you need to know English to come here - just that if you intend to live here it's a better idea to learn it when you get here as opposed to not learning.

athena_ny

Female

Peru

2007-09-26 06:13:00

I don't even care about the English...

why would she sign an affadavit saying she intended to commit visa fraud? No wonder you were denied.

athena_ny

Female

Peru

2007-09-26 05:54:00

QUOTE (astral @ Sep 28 2007, 09:52 AM) <{POST_SNAPBACK}>

QUOTE (PaulineA @ Sep 28 2007, 08:50 AM) <{POST_SNAPBACK}>

I would say, that it is not legal. Don't you know anyone that can be the co-sponsor, that meets the poverty guidline, without offering them money to do so?

i wish i knew someone, I am pretty much a loner. and my closest family has financial trouble
by the way how do you find out if you meet the poverty guidline?
a lawyer told me I had to be making 22,000$ for the last 3 years with tax records to prove

No. Well, maybe. Are there kids involved?

If its just you and her, to meet 125% of the poverty line (which is needed for AOS, but not for K1 -K1 requires 100%, but you'll eventually have to AOS so it's a good idea to have this number in mind) the figure is about $17,500 (maybe a little less I dont remember off the top of my head). If there are kids, the figure does go up.

To just get her here you only have to meet 100% of the poverty line which is probably only about 14,000. This can be found on the I-864P - the exact figures for the number of dependants, but I'm at work and don't feel like finding it right now

Again, that number would be different if there are children.

As far as the tax returns, usually they only ask for 1 if it's being met...they can ask for more but I've never seen a case where they asked for more if it was met.

Edited by meow mix, 28 September 2007 - 08:57 AM.

athena_ny

Female

Peru

2007-09-28 08:56:00

QUOTE (astral @ Sep 28 2007, 09:48 AM) <{POST_SNAPBACK}>

since I am not qualified to sponsor this woman
does she have any other options available giving her a chance to get a green card??
i heard about some kind of lottery?
anyone know the chances of that lottery are? and where to sign up / how / when?

there is the diversity visa (green card lottery) but depending on the country, they may be at their limit of green cards issued and she may not be eligible (not sure where Japan is at) and it can often take many years to hve your name drawn - my coworker waited 7

athena_ny

Female

Peru

2007-09-28 08:51:00

QUOTE (astral @ Sep 28 2007, 09:44 AM) <{POST_SNAPBACK}>

so it is legal or illegal for the us citizen to offer money to get a co-sponsor? because the us citizen doesnt know anyone close enough to just co sponsor
i am just despirate to bring this woman to america to live with me
but do not want to do something to get myself in trouble

It would probably be considered a bribe like PaulineA said, which isn't legal...

athena_ny

Female

Peru

2007-09-28 08:48:00

QUOTE (astral @ Sep 28 2007, 09:35 AM) <{POST_SNAPBACK}>

Is it legal to offer money to someone to be a sponsor for your girlfriend to get fiance visa?
i am making decent money now but havent been paying taxes long enough to have the tax record i need to sponsor her myself

I'm pretty sure there's something not kosher about that...

athena_ny

Female

Peru

2007-09-28 08:40:00

Does anyone know?

QUOTE (pushbrk @ Oct 4 2007, 01:25 PM) <{POST_SNAPBACK}>

QUOTE (meow mix @ Oct 4 2007, 09:17 AM) <{POST_SNAPBACK}>

What do you need to know? Is your fiance on a student visa? (Judging from your past posts because you said she is here presently...and you didn't know the visa type.)

If she is, and you are looking to adjust status, you get married then you file I-130 along with I-485, I-765, and I-131. Easy peasy. Overstay and unauthorized work will be forgiven, if there is any.

Astral's fiance is here on the VWP from Japan and he's looking for a way for her to stick around long enough for him to qualify to sponsor her as his spouse.

Astral, just google "student visa". Or, just take the advice you've already been given.

Ohhhhh, I guess I missed a few

or I gave up on that thread rather early...

If you both want to get married, why not just get married and file when the finances are worked out? (Because changing to a student visa involves getting accepted to a school and finding the finances to pay the international rates, which neither one of you are going to have if you don't qualify as a sponsor right now...) Of course, K1/K3 is preferred but if you absolutely refuse to have her go back and wait until you qualify... don't make it harder than it has to be?

athena_ny

Female

Peru

2007-10-04 13:39:00

Does anyone know?

athena_ny

Female

Peru

2007-10-04 11:17:00

3 months Relationship! Would it be a problem?

QUOTE (~Laura and Nick~ @ Oct 4 2007, 09:38 PM) <{POST_SNAPBACK}>

QUOTE (pushbrk @ Oct 4 2007, 06:40 PM) <{POST_SNAPBACK}>

Wow, that's a bit off the wall. We romantics do like to marry for love but you do not have to prove you intend to marry for love and not some other reason. You might have more than one reason for marrying, none of which are required to be love. What is required is that your relationship is bona fide and not exclusively entered into to provide an immigration benefit.

Yes, there are other things that are factors in marriage...security, closeness, dreams, children, structure, responsibility but I believe that all of this is based on love. I'm sorry but I marry for love....all the rest just falls in to place.

Love is required for me and I believe it's a strong factor in marrying someone and sharing your life with them, don't you agree?

I'm not saying there aren't other reasons but I believe love and being in love and sharing that intimate part of yourself with someone to be very important and key in what they are looking for.

~Laura

QUOTE (jay_is_back @ Oct 4 2007, 06:43 PM) <{POST_SNAPBACK}>

Hi Laura,

Thanks for the fast reply.

Yes we met in person. We started going out for 2 straight months and got engaged. No children. Age 27 and 22. No criminal records.
My other question was regarding a statement that i read in this form under GUIDES says ("copies of any evidence you wish to submit to establish your mutual intent").

Thank you again

I'm sure you will be fine.
Best of luck

Except there's pretty much no way to prove people really DO love each other. I'm pretty sure that if that is what we are trying to prove, it would take years for each petition to get approved.

And to the OP-I knew I wanted to marry my husband the moment I met him - our situation was different but by the time you get to the interview you'll have been together for much longer than 3 months.

Edited by meow mix, 05 October 2007 - 07:01 AM.

athena_ny

Female

Peru

2007-10-05 06:57:00

biomatrics

QUOTE (lixtifur @ Oct 8 2007, 01:42 PM) <{POST_SNAPBACK}>

I have seen numerous people talking about biomatric appointments. What are biomatrics and does that apply to the i-129f?
thanks

Biometrics are done at the AOS stage. They take your fingerprints and a picture.

athena_ny

Female

Peru

2007-10-08 12:48:00

Regarding the 125% Level...

QUOTE (Stars @ Oct 9 2007, 07:20 AM) <{POST_SNAPBACK}>

Hello everyone,

It's so wonderful to know there is a forum for this concern situation!

If someone can please assist me here. I'm totally confuse about the poverty line requirement. I want to sponsor my spouse. I still live with my parents. I take care of them, I go to school and I work. Now as mentioned by a lot of the folks here, the 125% level of income does not kick in right after you petition but only when your foreign partner goes for the interview or submit the necessary forms for his or her part? Correct me if I'm wrong.

For the past two years, I worked at fast food restaurants for part time only due to my busy schedule in school. I made really little probably not more then $10,000 a year. However, I just started working now. I have two jobs. I get checks from the government to take care of my mom, and I also have another part time job. I calculated that and it comes around to $17,000 a year. So my real question is, can I still sponsor him, when I only have started working at the stage that I am over the 100% poverty line?

- Stars

You can submit the paperwork with just yourself sponsoring him for the K-1 visa, with supporting documentation and if the cosnulate feels that your evidence isn't strong enough, work isn't stable enough, they can require you come up with a co-sponsor. But you very well may be okay at that level.

Once he gets here, you need to make 125% of the poverty level for AOS. At that point, you'll probably need to get a cosponsor.

athena_ny

Female

Peru

2007-10-09 06:36:00

tax transcripts

QUOTE (DeeZee @ Oct 9 2007, 08:36 AM) <{POST_SNAPBACK}>

I'm just wondering if my fiancé needs to get IRS tax transcripts for the last 3 years or will his W2 and 1040 be sufficient from 2004-2006? Are there any differences between those forms?

Thanks for any advice!

You don't need tax transcripts. The W-2 and 1040 are fine.

athena_ny

Female

Peru

2007-10-09 07:58:00

QUOTE (Just Cool @ Oct 9 2007, 04:46 PM) <{POST_SNAPBACK}>

QUOTE (Just Cool @ Oct 9 2007, 03:32 PM) <{POST_SNAPBACK}>

QUOTE (meow mix @ Oct 9 2007, 09:19 AM) <{POST_SNAPBACK}>

QUOTE (pushbrk @ Oct 9 2007, 09:59 AM) <{POST_SNAPBACK}>

QUOTE (Just Cool @ Oct 9 2007, 06:19 AM) <{POST_SNAPBACK}>

QUOTE (meow mix @ Oct 8 2007, 10:03 AM) <{POST_SNAPBACK}>

QUOTE (Just Cool @ Oct 8 2007, 10:14 AM) <{POST_SNAPBACK}>

QUOTE (Just Cool @ Oct 5 2007, 11:22 AM) <{POST_SNAPBACK}>

QUOTE (meow mix @ Oct 4 2007, 11:13 AM) <{POST_SNAPBACK}>

I used my mom as a cosponsor, and while I had 3 years of tax returns (which was listed on my interview letter even though the IO didn't look at it), it does say that if you didn't file, you need to cite the tax code concerning why you didn't. So if you weren't working, and you're asked for 2 more years' worth for the interview, find the tax code saying why you didn't have to file.

No one is saying you have to wait 3 years to get married. I made under the amount last tax year and while I could have proven I made more, my job was not stable so I used my mother - they didn't even want all three years for her, the IO just wanted last year's since she made more than enough to sponsor my husband.

If you're getting paid cash, you can still pay your taxes - in the end, they are YOUR taxes. Figure out how to be responsible for it. Go see a tax professional.

But if you have a co-sponsor, I do fail to see what the problem is.

Maybe it will work if there is a tax code - 'didnt file because didnt earn steady income from jobs.'

But is it possible for me to just not even send any tax info, just banking info and file with a cosponsor who provides the tax info. Thats the only way i can see it working.

Also, where on the i134 would i make note of not meeting the income requirement, and do they verify this against banking info?
SO can anyone reply to my last comment...

Steady income has nothing to do with it - you can only not file if you made below the required amount. If you made more than the amount required for you to not file, whether it be from 20 jobs or 1 job, you have to submit a tax return with the immigration forms. If you don't, you'll be RFE'd for them. There is no way around it.

Ok great, this is useful information.

Pretty much now all i need to know is...whats the amount cutoff that requires a tax return to be filed.

Plus, can anyone else comfirm what MEOX MIX has just said to be true, that if i make over the limit and dont file, they will RFE me.

Single taxpayers. If you expect to file a single return, the IRS requires you to file a return for 2006 if your gross income for the year is at least:

$8,450 if you are under age 65. $9,700 if you are at least age 65.

That part of MEOW MIX's post is correct. The rest is not quite.

First, you do not "file" an I-134 for a K1 visa. You send it to your fiance(e) who then hands it over to a Consular officer, when asked. For AOS, you do "file" an I-864 with at least one tax return with the AOS application. If your income was below the minimum filing requirement, in either case, you may substitute a signed statement from you stating you were not required to file a tax return because your income was X and the minimum was Y.

For the I-134, no tax return is actually required but it is adviseable. So, either the return or statement is a good idea.

For the I-874 at AOS, you will get an RFE for the tax return, if you don't provided it or the statement.

Just to make sure you understand, income is the key, not steady work.

Yeah, I realized the second wasn't totally right. Oops. But either way, the I-864 requires the tax return, and as far as I'm concerned, the green card is really the most important thing...getting here is only half the battle. Thanks for catching me

but you make a point about the green card aos. Has anyone done this before, file except from filing taxes from making under the limit, then had a cosponsor and was able to succesfully get a greencard?

I still wish i could know 100% what will happnen if i submit my baking info with nothing else for this k1 visa

The I-864 says multiple times that you MUST submit a tax return with the I-864, unless you can cite the tax code where it says you are exempt from filing (most common being making under the filing requirement). Not doing so would result in an RFE, and I personally have not seen anyone who hasn't submitted taxes not get RFE'd for them. It also says "all" sponsors must submit this, and not just the co-sponsor. The taxes are of the utmost importance with the I-864,even though it isn't with the I-134.

athena_ny

Female

Peru

2007-10-10 05:52:00

QUOTE (pushbrk @ Oct 9 2007, 09:59 AM) <{POST_SNAPBACK}>

QUOTE (Just Cool @ Oct 9 2007, 06:19 AM) <{POST_SNAPBACK}>

QUOTE (meow mix @ Oct 8 2007, 10:03 AM) <{POST_SNAPBACK}>

QUOTE (Just Cool @ Oct 8 2007, 10:14 AM) <{POST_SNAPBACK}>

QUOTE (Just Cool @ Oct 5 2007, 11:22 AM) <{POST_SNAPBACK}>

QUOTE (meow mix @ Oct 4 2007, 11:13 AM) <{POST_SNAPBACK}>

SO can anyone reply to my last comment...

athena_ny

Female

Peru

2007-10-09 09:19:00

QUOTE (Just Cool @ Oct 9 2007, 09:19 AM) <{POST_SNAPBACK}>

QUOTE (meow mix @ Oct 8 2007, 10:03 AM) <{POST_SNAPBACK}>

QUOTE (Just Cool @ Oct 8 2007, 10:14 AM) <{POST_SNAPBACK}>

QUOTE (Just Cool @ Oct 5 2007, 11:22 AM) <{POST_SNAPBACK}>

QUOTE (meow mix @ Oct 4 2007, 11:13 AM) <{POST_SNAPBACK}>

SO can anyone reply to my last comment...

http://www.irs.gov/p...rs-pdf/p501.pdf shows the minimum filing amount.

Single with no dependents is $8450.

I am not super familiar with the I-134 so you may be able to get through that without a tax return - but the I-864 wants it, unless you have enough assets (which if you don't have a steady income, I highly doubt you do). I-864 is part of adjusting status so your fiancee can get her green card, so no tax returns, no green card.

athena_ny

Female

Peru

2007-10-09 09:16:00

QUOTE (Just Cool @ Oct 8 2007, 10:14 AM) <{POST_SNAPBACK}>

QUOTE (Just Cool @ Oct 5 2007, 11:22 AM) <{POST_SNAPBACK}>

QUOTE (meow mix @ Oct 4 2007, 11:13 AM) <{POST_SNAPBACK}>

SO can anyone reply to my last comment...

athena_ny

Female

Peru

2007-10-08 10:03:00

athena_ny

Female

Peru

2007-10-04 11:13:00

just venting about fee increase

QUOTE (lennon @ Oct 10 2007, 01:59 PM) <{POST_SNAPBACK}>

About the fee increases, I don't know if any of you have looked in depth into the fees but not only is the AOS I think it is over $1000 but there's a supplemental form that has to go in with it which is also $1000, so it's really more like $2010. I almost threw up when I looked at it. The positive side, the work permit and travel parole is free with the $2010 for the other forms. Someone please let me know if I'm wrong but that's how I read it.

Most people do not have to file the supplement - never seen anyone in the AOS forum who had to.

athena_ny

Female

Peru

2007-10-10 13:01:00

K1 visa the best option to bring a Fiance?

QUOTE (drmirage @ Oct 10 2007, 03:38 PM) <{POST_SNAPBACK}>

My fiance did stick with the K-1 Visa because I didn't want to risk anything for that matter.

We want to be 100% Legit!

However, I was just thinking of the "what if scenario".

I know several international students who married US citizens. I do not think that is fraud. Unless it is a fixed marriage. (marriage with no love). It is more convenient because they are already here in the US.

For a tourist visa, I do not think that can be considered fraud, if the two truly love each other.

Thanks for the inputs.

They probably entered the US before meeting the USC and if not, didn't come here to marry but to study, and things turned to the way of marriage. It's fraud to enter with the intent to immigrate.

athena_ny

Female

Peru

2007-10-10 14:44:00

K1 visa the best option to bring a Fiance?

K1 is the only visa, if you have immigrant intent. Which she does.

athena_ny

Female

Peru

2007-10-10 14:36:00

Options for traveling abroad for two+ years

QUOTE (Mike T. @ Oct 11 2007, 09:53 AM) <{POST_SNAPBACK}>

Hello all,

This is a wonderful site and gobs of information. Thank you for sharing your wealth of knowledge. I have looked up travelling abroad and have not found much on it. My assumption is that everyone is trying to get their fiance to come to live in the U.S. However, my case is almost opposite. We want to marry in the states but after about half a year we will move over seas to work. My main question is what are our options?

Our plan was to apply for the K1 and then for the green card but then I found out that the GC process might take many months (longer than we want to wait) and is very tedious to keep when travelling outside the U.S. for more than a year. She will have no problem coming to the U.S. as a tourist, in fact she doesn't need a visa(for 3 months). Is the GC a necessity after the K1 - Fiance Visa? Could she visit as a tourist after that?

I hope everything makes sense. I will check often and try to explain things more if necessary. We would appreciate all the advice we can get. Thank you very much.

Mike T.

The K-1 is for people who want to live in the US after they get married. After she gets the GC, if she's out of the country for more than a year, she'd need a re-entry permit. After two years, you no longer have residency.

Looks like you should have gotten married and done a K-3 or CR-1/IR-1 when the time was right if you wanted her to live here eventually. If not, sure she can try to get in as a tourist, but having an American husband will make it hard to prove no immigrant intent.

athena_ny

Female

Peru

2007-10-11 09:02:00

My visa journey is over right here

QUOTE (JenT @ Oct 11 2007, 10:07 AM) <{POST_SNAPBACK}>

This is a bizarre thread.

athena_ny

Female

Peru

2007-10-11 09:10:00

My visa journey is over right here

This really needs to be discussed privately between the two of you. Airing your dirty laundry on the internet with no purpose other than to incite drama has never been classy.

athena_ny

Female

Peru

2007-10-11 08:57:00

K1 in process, now possibility of L1

QUOTE (vanessaandbrent @ Oct 11 2007, 07:17 PM) <{POST_SNAPBACK}>

I knew this would happen!

I have been waiting and waiting for 5 months for an appropriate opportunity to transfer within my company on an L1 visa (from Costa Rica to FL). Nothing came up, so we started the K1 process instead. Now, not even a month after we filed the petition, the job I want has come up! ARGH - damn those evil powers who play with us!!

So my question is:
My understanding is that you can file an immigrant petition and a non-immigrant petition at the same time (not sure if that's true), however I'm pretty sure L1 is "dual intent" or at least it was, so does that negate the "two at once" theory?? Anyone have a clue?

If i'm not being clear let me know - very frustrated right now!

L-1 is a non-immigrant visa, not a dual-intent visa. It's valid for up to 7 years, but if you come here with intent to marry and adjust status, that could be a potentially very sticky situation...

athena_ny

Female

Peru

2007-10-12 06:13:00

Is getting pregnant while waiting for K1 visa advisable?

QUOTE (~Laura and Nick~ @ Oct 13 2007, 03:54 PM) <{POST_SNAPBACK}>

QUOTE (jula @ Oct 13 2007, 02:40 PM) <{POST_SNAPBACK}>

QUOTE (~Laura and Nick~ @ Oct 13 2007, 11:52 AM) <{POST_SNAPBACK}>

... I guess he could come over there while you give birth but then you'd have to apply for the K2 for the baby to enter the states as well and that means more money.

wouldn't the baby be USC citizen as her/his father?

Not if the baby is born in the Philippines

Yes it will be ... birth just has to be registered with the US embassy in the Philippines...

If one parent is a US citizen, the child is a citizen too, regardless of where it is born. Out of wedlock would require convincing evidence of paternity, but as long as the child is his, that wouldn't be an issue.

Not that I advise getting pregnant now, but still...

Edited by meow mix, 13 October 2007 - 03:17 PM.

athena_ny

Female

Peru

2007-10-13 15:14:00

Copy of Birth Certificate front and back? What? My birth certificate only has a front, what does the back mean?

QUOTE (Jomo @ Oct 16 2007, 04:06 PM) <{POST_SNAPBACK}>

QUOTE (BigCityDave @ Oct 16 2007, 03:01 PM) <{POST_SNAPBACK}>

QUOTE (Jomo @ Oct 16 2007, 01:58 PM) <{POST_SNAPBACK}>

I just copied the front cause it had all my info on it. Didn't bother doing anything else.

Can I ask why you COPIED the back even if it was blank? Did it show anything at all.....like a smudge or something? Couldn't you just copy the front and write on the back, back was blank?

Good point, maybe you can, however, see the stamp that shows it is legit.

Yah, maybe. Mine didn't.

I don't mean to be rude here; but this thread is kind of making me giggle today. Been a rough day....thanks for that, guys.

It's making me laugh too.
My mom's (for AOS) didn't have a back, so we didn't copy it. Shockingly, we got approved. Oh noes!

athena_ny

Female

Peru

2007-10-16 18:29:00

Help, my Fiance did not write "None" in a few spots

QUOTE (BigCityDave @ Oct 18 2007, 03:28 AM) <{POST_SNAPBACK}>

Hi,

Well my Fiance signed the G-325a form and forgot or didn't know that she needed to say "None" in a few of the boxes. So they are now left blank, is it okay if I go ahead with black ink write in the "None" or will that upset the USCIS?

Thanks

Uh, how will they know? Do you plan on telling them? O.o

athena_ny

Female

Peru

2007-10-18 06:46:00

Question about fiancee's visit to U.S.

QUOTE (ELW @ Oct 20 2007, 05:49 PM) <{POST_SNAPBACK}>

QUOTE (Rob & Jin @ Oct 18 2007, 11:00 AM) <{POST_SNAPBACK}>

there have been many posts here of people being denied entry on tourist visas while their petition/visa is pending.

Maybe I haven't been reading as thoroughly, but I only recall one or two cases of entry being denied. I think it is relatively very rare. The approval of tourists visas at the Consulate level however is often denied while immigrant visa applications are pending.

Well, I've read of a lot more than 1 or 2.

athena_ny

Female

Peru

2007-10-21 08:31:00

Can I extend the marriage period?

QUOTE (tsp @ Nov 13 2007, 02:46 PM) <{POST_SNAPBACK}>

She came here on a tourist visa, we met, fell in love, and got engaged. But things fell apart, and she went back home. However, we want to try it out again, and due to the nature of the break up, we'd need some time to work through the relationship. My understanding is that, if I bring her over here from Ecuador on a finacee visa, we have 30 days to get married. That's definitely not enough time to decide we can make this relationship work. What can we do?

I wonder if there's something more appropriate. Maybe she can apply for a job over here, live on her own, etc. while we work things out, and if it doesn't end up working out, she either stays here working or goes back home... Of course, I don't know if there's any way to just "get" a worker visa. (She does have an internationally accepted degree in journalism, but...)

So, is there anyone that could offer some insight into our situation?

There are 90 days to marry, but a fiancee visa is not a "see if we can make the relationship work" visa...it's a visa to get married.
She can investigate work visas, but H1B applications won't be accepted until next April, which is the only work visa with dual intent.

Edited by meow mix, 13 November 2007 - 02:53 PM.

athena_ny

Female

Peru

2007-11-13 14:51:00

CO-SPONSOR PROBLEM...

QUOTE (Nixz_Chi @ Nov 15 2007, 02:33 PM) <{POST_SNAPBACK}>

QUOTE (Nathan_Neren @ Nov 15 2007, 12:35 PM) <{POST_SNAPBACK}>

QUOTE (john_and_marlene @ Nov 16 2007, 01:26 AM) <{POST_SNAPBACK}>

QUOTE (Nathan_Neren @ Nov 15 2007, 12:23 PM) <{POST_SNAPBACK}>

QUOTE (Paula&Minya @ Nov 16 2007, 01:16 AM) <{POST_SNAPBACK}>

QUOTE (Nathan_Neren @ Nov 15 2007, 11:12 AM) <{POST_SNAPBACK}>

QUOTE (rebeccajo @ Nov 16 2007, 12:22 AM) <{POST_SNAPBACK}>

When do you anticipate your interview in Manila?

Hopefully by March

Anyway, we don't have a problem about the co-sponsor thing anymore bcoz he owns a business and also he found another full time job but he didn't able to include his new job to the 129F form because he just got it. What should we do about the new job??? PLS. HELP...thank you.

Keep paycheck stubs....and be sure to have copies of them for your interview.(This shows current income) If your interview is after the filing of the 2007 income tax, make sure you have a copy of what was filed w/ the IRS.

Good luck,
-P

Oh so we don't need to do something...we just have to show them that my fiance can support me. Like pay stubs, IRS , w2 and bank statement of his business and his own bank account. Ok dokie thank you very much for your reply.I hope to get our NOA2 soon....God bless you always and Good luck also.

You should get a letter from his employer stating his salary, whether the job is permanent, when he was hired etc. This along with supporting paystubs will be good evidence of current income not shown on past income tax returns.

Ok thank you for the info aheheheh so here is the list of my supporting documents for the Affidavit of Support.
Pls. tell me what is missing

-I-134 Affidavit of support (Notarized)
-Recent pay stubs (Business & the other job)
-Petitioner's Business License
-Petitioner's bank statements (Business)
-Petitioner's bank statements (Own)
-Petitioner's Income tax returns last year & recent
-Petitioner's W-2 forms for the last year's ITR and Recent only.
-Petitioner's Letter of Employment
-Petitioner's Pay stubs

What about an offer letter from the employer stating the salary? Can this be used? I mean the paystubs will have the company logo on top anyway, so they will know I accepted the position. My paystubs also have my yearly salary on them. Getting a letter from my employer would be a hassle for me...I work for a huge corporation and everything takes so long...and has to pass through so many departments and hands.

I would get the employment letter. An offer letter is NOT a letter of employment - my mom and I both work for giant corporations as well and managed to get our employment letters within a week and a half (I got mine the same day, my mom got her's in a week and a half since she does not have in-house HR).

athena_ny

Female

Peru

2007-11-15 15:52:00

CO-SPONSOR PROBLEM...

QUOTE (Nathan_Neren @ Oct 8 2007, 01:06 PM) <{POST_SNAPBACK}>

My fiancee said that his gross for a year in his business is $50,000 or 60,000 a year but he doesn't have a tax return...What can he possibly show to prove it? Bank statement or he really needs to get a tax return?

Did he own the business last year? Was he working last year? If either of these can be answered with a "yes" then you need a tax return - even if his tax return from last year (if he has one) doesn't show his current financial situation, you still need it.

athena_ny

Female

Peru

2007-10-08 12:38:00

Im not surprised

Not surprised. When they were part of the VWP, there was a lot of problems.

athena_ny

Female

Peru

2007-11-17 10:53:00

Travelling International post-marriage, pre-AOS filing

QUOTE (raymaga @ Nov 17 2007, 03:46 PM) <{POST_SNAPBACK}>

I was given emergency AP at an Info Pass appointment at the Seattle district office. I had to take a letter from my Mom's doctor (which I had faxed to me from Canada) to explain my Mom's condition and why it was necessary for me to return to Canada immediately.

I waited at the Seattle office for several hours waiting for them to approve it, but I left there with my AP documents in hand.

Had you already filed for AP though? I think that's the problem here. Hm.

athena_ny

Female

Peru

2007-11-17 16:19:00

Travelling International post-marriage, pre-AOS filing

QUOTE (Lenny Pumpskin @ Nov 17 2007, 03:27 PM) <{POST_SNAPBACK}>

QUOTE (meow mix @ Nov 17 2007, 12:21 PM) <{POST_SNAPBACK}>

QUOTE (Lenny Pumpskin @ Nov 17 2007, 03:00 PM) <{POST_SNAPBACK}>

Fiance entered USA on a K1 visa.

My fiance and I recently got married. We haven't filed for our AOS yet (will actually be overnighting packet today). My wife just found she has to return to her home country (Germany) for an emergency on November 28th. Today is the 17th.

Here is what we know:

1) You can't travel outside the US while AOS is being processed without an Advance Parole document.

2) You apply for an Adavance Parole document with your AOS packet - Form I-131.

3) You can apply at a local USCIS office for an emergency AP document if your AOS is being processed and you are in posession of a receipt.

So like I said, as of 11/17 we haven't filed just yet - will send out packet today - so we are not in posession of a receipt. How can we get her to Germany on 11/28 and back to the US a week later, given our current circumstances?

One idea we had was to not file AOS yet and have her travel internationally on a tourist visa (and re-enter the US on a tourist visa) then file AOS upon her return. But this seems risky at best.

Any and all advice is welcome. Thanks in advance.

The tourist visa idea would be visa fraud.
Without even having filed AOS, you can't get emergency AP, as far as I know.

Looks like you'll have to file for a K3 or CR-1 and start all over.

thanks for the quick replies. As far as getting an emergency AP without filing - If we file but do not yet have the receipt, is it still possible to get an emergency AP?

We have an InfoPass appointment for Monday. And we will not be doing that tourist visa idea.

If the only option is to abandon our current AOS and re-apply for K3 or CR-1 then she will probably not be going.

Not sure what the nature of the emergency is but msu17 posted:

When you visit the local district office, be prepared to explain the need for urgent travel, provide the U.S. Postal Service tracking number associated with the original application filed, and the date the application was received at the Service Center where you filed.

Do you have delivery confirmation? If you do, and know the date the application was received, that may work, but I am not sure.

Edit: Just realized that the packet hasn't been sent yet, and according to what msu17 posted, it seems like they have to at least received the packet to issue emergency AP...I would hope pushbrk's suggestion works but it will require a lot of faith and begging, I would imagine.

Edited by meow mix, 17 November 2007 - 03:32 PM.

athena_ny

Female

Peru

2007-11-17 15:29:00

Travelling International post-marriage, pre-AOS filing

QUOTE (Lenny Pumpskin @ Nov 17 2007, 03:00 PM) <{POST_SNAPBACK}>

The tourist visa idea would be visa fraud.
Without even having filed AOS, you can't get emergency AP, as far as I know.

Looks like you'll have to file for a K3 or CR-1 and start all over.

athena_ny

Female

Peru

2007-11-17 15:21:00

Paying by Money Order

QUOTE (julezabelle @ Nov 19 2007, 09:35 AM) <{POST_SNAPBACK}>

QUOTE (meow mix @ Nov 19 2007, 09:14 AM) <{POST_SNAPBACK}>

You can't check when a money order is cashed, if you want to know when the money has been processed, you really need to use a personal check - which also has the case number stamped on the back (although not always accurately) so you can check your status.
With a money order, you have to wait for your NOA w/ the case number to check status.

Most money order issuing companies have an 800 # you can call to verify the status of a money order. You will need the serial # off the M/O. Not sure if they can give you the numbers off the back, or issue a copy of the canceled check, but you can check to verify whether or not it was negotiated.

I know when we used Amscot, we couldn't find any way to find out if it had been cashed, so we were pretty much screwed - but we got our NOA pretty fast (this was AOS) so it was fine.

athena_ny

Female

Peru

2007-11-19 12:49:00