ForumTitleContentMemberSexCountryDate/Time
United KingdomFaxing to the Embassy
I think there are postal strikes going on in the UK right now, and this has caused a big backlog of mail to just stack up within the postal system. I assume you mail was used? rather than an independent carrier like FedEx?


Gene & SusanMaleKenya2009-10-26 14:54:00
K-3 Spouse Visa Process & ProceduresI need advice in advance of Getting Married

Was your petition processed in CA or VT? Sounds like you made only the one visit and probably for a short time and then she was not well prepared for the initial interview at a very difficult high fraud Consulate. If your case went through CA, they almost alway bypass any appeal by sending a notice their approval is expired. Vermont, usually gives you a chance to appeal but the Consular Officer will still make any visa decision based on everything they know about the case. You may well be better off to deal with the issues that caused the denial, probably by spending more time together and marrying when you do. Then file an I-130 to take the CR1 route. K3 is dead.


The case is through the Vermont Service Center.
Gene & SusanMaleKenya2010-06-10 10:10:00
K-3 Spouse Visa Process & ProceduresI need advice in advance of Getting Married
In August of 2009 I met my future wife online, and we hit it off splendidly. I went to see her in her country in October of 2009 and got engaged, I immediately filed a K-1 and in February of 2010 my application was approved. She went for her interview in late March and the interviewer did not feel she provided enough documentation of a valid relationship with me. He asked her for more and set another interview date for a week later. I feverishly collected more, and sent her as email attachments (for her to print out) as well as via FedEx close to 190 add'l pages of cell phone text records between us, limited emails between us and she already had a photo album of us together when I was there, lots of photos of me and her with her brother and sister, her dad, her grandmother, her aunts, etc. Well the interviewer was not convinced and denied her the visa. I immediately contacted my Senator and Congressman and basically they were useless. They did not respond in a timely manner, and only one contacted the embassy 2 months after the rejection. The embassy "claims" that the file is being sent back to the issuing agency, with a recommendation for rejection. I know I can "contest" this and with the passage of time we are continuing to amass more documentation of our relationship and I am going to see her again in about 8 days. Right now (close to 2 months after the interview) there is no indication the "file" has been sent back..I feel in limbo.

I am considering getting married to her when I visit and filing a K-3 or whatever is the best for a foreign spouse to immigrate. Is this the best choice, or should I wait out the unknown length of time until I can resolve the fiancee visa issue. I know I have a relationship, it is good, it is strong, and I am much better at documentation now.

I also have a question about the requirements (for a K-3 or CR-1 or such) of showing a commingling of resources. Since she will have not yet actually lived here in the USA with me, I'm not sure how that can be achieved? She is from Kenya and does not possess enough personal wealth to qualify for a tourist visa or anything.

Please advise...this uncertainty about "when" on the fiancee visa is just crazy. Who knows when the embassy will send the file back. As I have said, my politicians are just worthless in this, it seems.
Gene & SusanMaleKenya2010-06-09 22:32:00
US Embassy and Consulate DiscussionI-134 with lots of assets but low income.....question
I have been in business for myself for over 30 years. I have a photography studio as well as I own and rent several houses, Own my studio building and another building, so 2 schedule"C" on my tax return.

My "taxable" income has been rather low for the last several years, as I adjust my expenses thru the year to minimize my tax bite. In other words if I am making a lot, I spend more on the business, add new equipment, etc.

In any case, the last few years I have had a wife (now divorced) and her income is part of the tax return.

My thinking is to attach a cover letter to the tax return calling out the "net profit" on each schedule "C" with depreciation added back in, as depreciation is not actually money spent. This would get me just over the current 125% poverty level guideline..for my last tax return (2008)

In addition, I have enough money and assets in various bank accounts to exceed the 125% poverty level on that alone, plus I have quite a few pieces of real estate, and very very little dept. No consumer debt, just real estate debt and that is a fraction of the value of the property. I guess this would show on a financial statement...as "net worth".

Any other hints or tips in regards items I should consider providing along with the I-134??

Thanks in advance,
Gene McCluney
Gene & SusanMaleKenya2009-10-27 10:31:00
US Embassy and Consulate DiscussionShould I fret about a missing divorce certificate?
QUOTE (payxibka @ Oct 29 2009, 09:05 AM) <{POST_SNAPBACK}>
QUOTE (gene mccluney @ Oct 29 2009, 09:01 AM) <{POST_SNAPBACK}>
QUOTE (payxibka @ Oct 29 2009, 07:20 AM) <{POST_SNAPBACK}>
USCIS requires it... if you don't have it you will not get past the petition stage



Wait..do you need Marriage certificates AND divorce certificates??? I just provided divorce decrees. Divorce decrees should satisfy the requirement of proof of eligibility to marry.


marriage certificates might be required if it was the document that facillitated a "name change".... For the men it is not usually the case, but for the women it might be an issue...



Whew, well I am the guy, the U.S. Citizen, and all I provided to prove my divorces was my divorce decrees. I hope that is enough. I have never changed my name. Ha ha.
Gene & SusanMaleKenya2009-10-29 09:10:00
US Embassy and Consulate DiscussionShould I fret about a missing divorce certificate?
QUOTE (payxibka @ Oct 29 2009, 07:20 AM) <{POST_SNAPBACK}>
USCIS requires it... if you don't have it you will not get past the petition stage



Wait..do you need Marriage certificates AND divorce certificates??? I just provided divorce decrees. Divorce decrees should satisfy the requirement of proof of eligibility to marry.
Gene & SusanMaleKenya2009-10-29 09:01:00
US Embassy and Consulate DiscussionSending original documents..question
QUOTE (Stephen + Elisha @ Nov 2 2009, 10:47 AM) <{POST_SNAPBACK}>
The reason the guides say to send original documents (to your fiancee, NOT to the embassy) is that the consular officer can ask to see the originals of any document you've provided. They usually don't, but they have the right to ask.

Send copies to the embassy—don't send originals unless specifically required by the instructions. Under no circumstances should you send your actual passport.


My original intent was to say "to fiancee", not "to embassy".



Gene & SusanMaleKenya2009-11-02 13:22:00
US Embassy and Consulate DiscussionSending original documents..question
My fiancee lives in Kenya. When it comes time to send her the complete package of documents I sent to the VSC for my K-1 application, I have noticed the guides say to send "Original" documents, whereas copies are acceptable for the K-1 application.

So I just want to review this. For the K-1 application I provided copies of my divorce decrees, a copy of my birth certificate proving U.S. Citizenship, copies of my passport pages showing Kenya visa, and entry and exit stamps, as well as copies of travel and lodging receipts to prove I traveled to her country. I also provided color photos of us together, taken in her country, some have names of lodges visible.

Now she already has a set of photos in an album, so am I correct that in addition to the complete photocopied K-1 application, I need to send her originals (or certified copies) of my Divorce decrees, Birth Certificate, and Originals of all the travel and lodging receipts? I am not inclined to send my U.S. passport, would I have to?

I know I will also have to send the I-134 and support documents. I prepare my own taxes, so I can just print out and sign my last tax return, or last 2. I will also get a letter from my bank, and provide a financial statement of net worth, as my income is borderline, but I have money in the bank and lots of real estate.
Gene & SusanMaleKenya2009-10-29 10:17:00
US Embassy and Consulate DiscussionPacket 3 vs interview documents
QUOTE (Kevbev09 @ Nov 6 2009, 07:57 AM) <{POST_SNAPBACK}>
I was looking through lists of required documents for both Packet 3 and the interview, seems like they want originals for both? Does that mean we have to get 2 originals of everything plus photocopies? I'm guessing they don't send the Packet 3 stuff back lol.. Just want to be sure since we're about to start gathering everything up.



Packet3 and the interview are the same thing. You take forms from packet 3 to the interview.
Gene & SusanMaleKenya2009-11-06 12:19:00
US Embassy and Consulate DiscussionVisa Denied
I have been going over all the documents I originally submitted for my fiancee visa,
and going over the questions and answers the interviewer at the Consulate in Nairobi
asked and I have only found one, easily explainable difference.

He (the interviewer at the Consulate) asked my fiancee where she met me.

She said on the dating site: afroromance.com.

In my original cover letter for my fiancee visa application I stated that we met
on the dating site: interracialdating.com. It seems my memory was just a wee
bit foggy, because in truth it was interracialdatingcentral.com I had long since
discontinued my membership, and my fiancee and I were communicating directly
thru email and Yahoo Messenger by the time I visited her, got engaged and
filed the visa application.

He asked her several times, she continued to say afroromance.com.

Its very true she had her profile on afroromance.com

Its true I found her profile on interracialdatingcentral.com

What I guess, was not clear to the interviewer was that they are ONE AND THE SAME
company. All the afroromance.com listings are picked up by interracialdatingcentral.com.

Different web sites, increase traffic and make more money for the holding company that
operates all of them.

I truly hope this one misunderstanding didn't cause this rejection, but I cannot find a single
other thing that differs from my written texts, and my fiancees answers in her interview.

Check out the 2 links below..the site I used, and the site she used. Both part of the Chellaul
Corporation, as so indicated on each opening page.

The interviewer DID SAY to my fiancee that "our stories didn't match" and this is the ONLY
thing I can find based on the written documentation I provided to the USCIS, which the
consulate got that differs in any way.

Gene McCluney

http://www.afroromance.com/

http://www.interraci...CFQzxDAodP0pAwg

My visa application is not "cancelled" I just have to appeal the decision, which I will, and with the help of my congressmans office, maybe quicker than without his help.
Gene & SusanMaleKenya2010-04-08 20:39:00
US Embassy and Consulate DiscussionVisa Denied

Enjoy the trip! In the meantime, you could also contact USCIS to request your returned petition is given priority handling so you can appeal the denial more promptly.


I think I should give my congressmans office a few days to work on this before I start myself.
Gene & SusanMaleKenya2010-04-08 16:29:00
US Embassy and Consulate DiscussionVisa Denied

Gene,


I think most of the advice from others is spot on but I am not so sure you are listening.
If this is the true love of your life maybe you might consider relocating to be with her? I know this sounds extreme but anything is possible.

Chris


Chris...
I am listening very intently. I have contacted my Senator and Congressman. I am planning to go visit my fiancee within the next 4 weeks. It is impossible for me to relocate, because I own a business here that I earn all of my income from. I can't move this business, my supporting client is here. I could not earn a living in her country. I believe it will work out, just not on a speedy time frame.
Gene & SusanMaleKenya2010-04-08 09:22:00
US Embassy and Consulate DiscussionVisa Denied

"And, for that matter, since her Sister is so happily married here in the USA, to a great guy, why wouldn't that influence Susan to try to find the same happiness? I don't see anything wrong with this."

No nothing wrong but COs appear to be looking for being in "Love" to top off a bonafide relationship.


We ARE deeply in love, I can hardly bear this delay, and neither can she, but we are resolved to doing whatever it takes, and waiting as long as it takes to be together.

The fact that we discovered each other thru online dating is actually irrelevant, it is the process we undertook after we met our emails, chats and voice chats that led us together and ultimately to my traveling to Kenya and my proposal of marriage.
Gene & SusanMaleKenya2010-04-07 14:13:00
US Embassy and Consulate DiscussionVisa Denied

^ This. And to me, it seems like a red flag that her sister was able to secure a USC fiance and K-1 visa through the same website that your fiancee now conveniently found you through.

Not saying that that is the case, but you have to think like a CO.


Undoubtedly Both sisters were looking for husbands beyond the borders of their countries. I don't see anything wrong with that, as a lot of traditional Kenyan men (not all) are very much into polygamy, and this does not go well with Christian women, such as my fiancee. Its not our country alone, rather it is our marriage values that are appealing...(one woman-one man). Susan was not restricting her search to any country..it just so happens I am from USA.

By the same token, almost everyone here on VisaJourney has probably used one of the online match/dating services to seek out a suitable partner...its not rare or unusual. And, for that matter, since her Sister is so happily married here in the USA, to a great guy, why wouldn't that influence Susan to try to find the same happiness? I don't see anything wrong with this.

Edited by gene mccluney, 07 April 2010 - 12:06 PM.

Gene & SusanMaleKenya2010-04-07 12:04:00
US Embassy and Consulate DiscussionVisa Denied

I'd suggest visiting her again. Meanwhile, do what you can to get USCIS to contact you as soon as possible about appealing the decision. The file is on its way back, and it will take at least a year for USCIS to contact you, maybe even longer, if you don't follow up ASAP with them.

The short time involved - meeting her online and then proposing only a few weeks later, suggests someone in Kenya is in a real hurry to get a visa.


It was about 2 1/2 months into our chatting that I visited her in Kenya and proposed. She did not propose, nor suggest it, it was I, the USA citizen that did. All she did was accept.
Gene & SusanMaleKenya2010-04-07 09:27:00
US Embassy and Consulate DiscussionVisa Denied
Here is a transcript from memory from Pauline Susan of her 2 interviews:

First Interview, March 29, 2010


Interviewer: what"s your fiancee"s name?Gene Edward Mccluney

Interviewer: where did you meet him? In a online dating site www.Afrorormance.com

Interviewer: When did you meet him? In August 2009

Interviewer: Have met him in person? yes have met him in person

Interviewer: When did you meet him in person? In October 2009

Interviewer: What does your fiancee do? His a commercial Photographer

Interviewer: When did you decided that you wanted to get marry him? In October 2009 when I met him in person and he engaged me.

Interviewer: I find that too soon you only knew him for two months, He came to see in less than two weeks and you decided you wanted to marry him? I decided to marry him because we understand and love each other very much.

Interviewer: look here Madam I find that time too soon? I love him that is why I decided to marry him.

Interviewer: Does he have children? yes he has children

Interviewer: which ages? 29yrs and 18yrs

Interviewer: Has your Fiancee Ever Been married Before? yes his been married before

Interviewer: how many times? Thrice

Interviewer: Three times? yes three times

Interviewer: Where was his last wife from? Zambia

Interviewer: And the two first ones? Frothsmith

Interviewer: yes? U.S.A

Interviewer: Do you have any Relatives and friends in the United states? Yes I have a sister In the United states.

Interviewer: How did she get there? she went through Fiancee visa on afroromance.com

Interviewer: Which Other dating site were you a member? Intercupid.com, Datanta.com, singleburg.com

Interviewer: How many siblings do you have? Five including me.

Interviewer: where are the others? I have a brother in Thailand

Interviewer: What is he doing there? Working

Interviewer: And the others? I stay with a brother and sister in Kisumu

Interviewer: How many times has he send you money? since October 2009

Interviewer: what"s your monthly salary? At the moment am a volunteer, Our contract ended last year march But am still working there.

Interviewer: Do you have any children? No i don't have children

Interviewer: have Ever been married before? No I never been married.

gave me a letter asking for additional Evidence of Relationship.

pauline: we talked most of time on yahoo messenger with voice so getting is Records is hard? Just go and Retrieve the calls.

Interviewer: Lets continue from there next time, Is a week okay with you? Tell mi when you want back.

Interviewwer: come back on 6th of April

pauline: Thank you


Second Follow-up Interview from April 6, 2010

Interviewer: how are you madam? Am fine

Interviewer: You said you met your fiancee through? I met him through Afroromance,com

Interviewer: you said you met him have in September? I met him in August and in person in October.

Interviewer: you said you have a sister in the united states ? yes I have a sister in the united states.

Interviewer: why did your fiancee send you 10 cards at onces? can you explain that? The lady at the window 3 told mi to put all cards in one big Envelope, I had them in three different envelopes and loose ones,{ showed him the two empty Express envelope i had}

Interviewer: why did you fiancee write your name on your cards Envelope and on the big Express mail Envelope and yet he was sending it to you? I don't know

Interviewer: why did he send you his photo portrait? to see him even tho I had his seen his photos at Afroromance .com

Interviewer: I have gone through the Evidence { Emails from Gene to pauline and pauline to Gene, phone Records from yahoo with voice, emails from Gene"s friends, Text messages print out, Text messages logs, cards and photos} and have found out that your stories are Different, so your fiancee can applea to the united states within three months and the
united states will get back to us,

pauline: please repeat that again

Interviewer: am saying have I gone through your Evidence and your stories are different, I know you know your Fiancee and have met him in person but your stories are different, so your Fiancee can applea to the United states and the united states will get back to us,

Gave me back ma Documents and I letter and I left.
Gene & SusanMaleKenya2010-04-07 01:07:00
US Embassy and Consulate DiscussionVisa Denied

Had Susan been involved before in any US visa application? Was she of good standing in Nairobi? What part of the city did she live in? Did she give any indication whatever, even to one of her friends, that she was really interested in the green card, not you. This happens quite often in Kenya - joking about finding a guy through whom to get a visa - and the consulate does check around a bit.

I'd say submitting 190 pages of proofs was quite overdone and may indeed have appeared to be an effort to overwhelm with paper that no one in the consulate could possibly have had time to read.


Susan has never been married before, she has never attempted a visa before, she has a clear police record, and clean health. She does not live in Nairobi, rather she lives with her brother and sister in a nice duplex in Kisumu, Kenya.
Gene & SusanMaleKenya2010-04-06 23:59:00
US Embassy and Consulate DiscussionVisa Denied

Hello Gene,

I can not speak for the consulate and please do not take offense but this may be an opportunity for a little soul searching.

As an outsider looking in here is what i see;
1- three prior marriages. ( not sure of the lengths, intervals and circumstances)
2- how many of the prior marriages involved immigrant visas?
3- only legally divorced for a few months.

Considering this uphill battle brought to the process i would recommend multiple trips to visit your fiance and longer stays in her home country. if you establish a year or more of personal courtship (not electronic) and go to the interview with her I feel you would have no difficulties.

From the CO's point of view, you demonstrate the ability to enter and exit a relationship quickly as other may invest years into this process.

If she is the one for you, time will pass amazingly fast.

best of luck,
Chris


I feel like I should provide info here on my past. I have had 3 marriages, the first 2, were for 12 years each, and each marriage bore a child, both children now grown. The ex-wives and I are on friendly terms, good friends actually, I was just not for them. They are native-born USA citizens. They would gladly provide testimony as to my character. The last marriage was for 7 years. She was from Zambia. There was no immigration fraud..everything by the book, and she became a citizen at some length before she decided to leave me for her "secret" boyfriend. She left on a trip and never came back and I just got notice from her via email that she was divorcing me. I had no control over it whatsoever. She refused to talk or anything. I was a victim, it seems. But NO IMMIGRATION FRAUD.

So that is my marriage background. She left in may, I got email from her in June telling me she was divorcing me, no reconciliation, no counseling, no nothing, she wanted divorce and that was that...so by August I started looking and that is when I met Susan. I already had divorce papers the court date was not set yet, but as soon as the divorce was final and recorded (september 16) I scheduled a trip to Kenya, arriving on about October 9.

I wouldn't say I enter and exit relationships "quickly". no. My last relationship had been "cold" for a couple of years, so I was starved for affection.

Edited by gene mccluney, 06 April 2010 - 09:46 PM.

Gene & SusanMaleKenya2010-04-06 21:44:00
US Embassy and Consulate DiscussionVisa Denied

I can't claim familiarity with the US Consulate in Kenya, but I have read about previous immigrant marriages, and the prospective immigrant having family (especially close family members) that have already gone through marriage-based immigration, both listed as possible red flags. Add that to a mis-step in the interview and the overall picture may have looked suspicious to the CO. I am not in any way saying it is justified, just that that looks plausible given what I've read thus far on the thread.

What I am not seeing is an urgent sense being communicated to you that you must RUN, do not walk, do not pass go, do not collect $200, to do whatever you can to keep your case at the Consulate. If it were me, here is what I would do first thing tomorrow morning (I'm writing this at 7:30 pm EDT, so too late to do this today I think):

Get a hold of the immigration liaisons for both US Senators and US Rep and request in no uncertain terms that their help is desperately and immediately needed to get the case re-reviewed at the Consulate. Find out from them any other suggestions they may have to facilitate this. It is my understanding that a LOT of time, effort, and heartache can be avoided if the decision is reversed before the package is returned stateside, rather than having to either appeal or get married and re-apply.

Call, email, and/or fax the Consulate until you get an answer and ask: why was the visa denied? What can I send you that will help to clarify things for you? Will you schedule another interview (and if they will, invest in a trip to be with your fiancee if at all possible)?

I wish you best of luck...

Maya


I have already called the immigration Liason for my Senator, and hopefully will go see the immigration liason for my Congressman tomorrow. I wrote my original VisaJourney post BEFORE I started getting in contact with the Elected Officials. I also spoke to an immigration attorney, and he recommended I contact the Senator and Congressman FIRST before I might consider involving an attorney.

This Consulate is very very difficult to contact but I will try. It is th firsst night of the day she was denied. This is her second interview, last week they requested more evidence, which I furiously collected then sent FedEx and when it didn't look like it would arrive by the 6th, I converted things to PDF documents and sent to her as email attachements. She printed out 190 pages of documentation from me and took. Along with photo album, cards, moneygram receipts.
Gene & SusanMaleKenya2010-04-06 20:15:00
US Embassy and Consulate DiscussionVisa Denied

Wait - you've never met in person? I'm VERY surprised your K1 petition (not visa) was ever approved by USCIS. Did you file some kind of waiver with the petition in order to waive that particular requirement? If so, what was the grounds?

Conoffs have the right to turn the visa application down for reasons they see fit - including when/if they don't agree with the USCIS' approval of the initial petition. I don't think you having not met in person helped you here. It doesn't sound like the actual reason they gave, but it certainly isn't helping your case any.


Of course we met in person, read my previous post...I traveled to Kenya in middle October, and my fiancee and I spent almost 2 glorious weeks together, we did lots of fun things, took lots of photos together,,I asked her to marry me and gave her a ring, and of course photographed that. Oh I know I have to visit her in her country and I DID.
Gene & SusanMaleKenya2010-04-06 14:58:00
US Embassy and Consulate DiscussionVisa Denied
Come on guys my ex-wife left me in May 2009, and we had been very cold for a couple of years up to May, I didn't think about looking until I got divorce papers from her, and I met my Fiancee online in August of 2009, and after my divorce was final on September 16, 2009, I booked a trip to Kenya for mid-October, got engaged, came back to the states on October 22, and filed for a Fiancee Visa (K-1) and although we haven't been together in person again yet, we communicate various ways ever single day and I have all that documented, including sending her some moneygram support money and romantic cards, etc. She had documentation up thru the date of the first interview. I don't think this is such a short time. True it's been less than a year, but we have known each other now almost 9 months..true we got engaged a while back, but the relationship just keeps growing. I had plenty of documentation, photos, receipts, etc., to get the application approved, and I have plenty of phone/text, email, moneygram receipts from October to now.
Gene & SusanMaleKenya2010-04-06 14:51:00
US Embassy and Consulate DiscussionVisa Denied

What is it about your stories that didn't match up and why?



I don't have a clue yet. She will be emailing me. There is no reason to think there would
be anything that wouldn't match up.
Gene & SusanMaleKenya2010-04-06 12:19:00
US Embassy and Consulate DiscussionVisa Denied

What were the questions asked?
What were the answers given?
Are there any red flags in your case? Prior marriages, short online courtship? Large age difference?
Seems like something didn't add up with the documentation provided and the answers given.
What does the denial slip say?
How to proceed will depend on your service center.


I don't know what the questions were, I am having my fiancee try to remember them and send to me in an email.

I have had 3 prior marriages, I provided certified divorce decrees..my fiancee and I started communicating
in August of 2009, I went to Kenya mid-October of 2009, got engaged then, came back and filed for K 1, which
was approved.

See my previous post for content of denial slip.

The age difference is 25 years, she is 34, I am 59 and this is quite normal in Kenya, women prefer older men,
and in fact her sister married an older US citizen, with the same age spread, and her best friend married a
US citizen with a 29 year age spread. No, I don't think age is it.
Gene & SusanMaleKenya2010-04-06 11:31:00
US Embassy and Consulate DiscussionVisa Denied
I just can't see how something could be "wrong" in her answers. Maybe my fiancee was nervous, or something, I just don't know, but the form they gave her had the box checked "Failure to establish a bona-fide relationship" Which I just can't see with all the 190 pages of documentation I sent her, plus the romantic cards, moneygram receipts, portraits of me, album of photos of her and me. I was approved here in the USA, dang it. I love her. She loves me. She can tell you the names of my parents, (who are deceased) the names of my adult children, the address where I live, my age, birthdate, etc. from memory...I just can't see what they want that she can't provide.

A previous response above said that some Embassys have an unspoken rule that the USC has to be present for visa to be approved. Well my fiancees sister and best friend were approved in the last few years at the same embassy without their USC fiance being present.

I just wonder if it is because I have done this before, back in 2002, then married, and then eventually she divorced me (in 2009) but she was never out of status, and eventually became a citizen a couple of years before she left me. I know legally I could apply, and it had been long enough to not have to request an exception...and I WAS approved.

Edited by gene mccluney, 06 April 2010 - 11:12 AM.

Gene & SusanMaleKenya2010-04-06 11:08:00
US Embassy and Consulate DiscussionVisa Denied
My fiancee is from Kenya. We got approved for K-1 visa, Vermont Service Center. Filed late October, got approved in February, she went for her interview last week, was told to come back today with more evidence. I sent both FedEx and PDF documents for her to print out there in Kenya 190 pages of proof of continuing relationship since we got engaged. She just got out of second interview today 1 pm. VISA DENIED. The interviewer was saying her story and my story didn't match up. WHAT TO DO. I AM AT WITS END. We love each other.
Gene & SusanMaleKenya2010-04-06 07:35:00
US Citizenship General DiscussionDivorce after 10 years green card
QUOTE (payxibka @ Nov 1 2009, 07:14 AM) <{POST_SNAPBACK}>
QUOTE (MuhammadKhan @ Nov 1 2009, 07:07 AM) <{POST_SNAPBACK}>
Hi: I have a devorce from the woman whom i got my 10 years green card. My question is if I remarry with her again after 2 and a half year and apply for the citizen ship am i eligible for the citizenship after 2 years or I have to wait for 5 years ?

Thank You.


what is your"Resident since" date on your greencard?


It is my understanding that your path to Citizenship solely relates to the length of time you have had your green card. If you got your green card thru marriage you can apply for citizenship in 3 years from the time you got your green card. I assume you were married at the time of AOS where you got your "conditional" status removed?
Gene & SusanMaleKenya2009-11-01 08:22:00
Removing Conditions on Residency General DiscussionTravel after 10 Year Card Issued
QUOTE (sailorinaz @ Nov 2 2009, 09:20 AM) <{POST_SNAPBACK}>
Hi All,
I apologize if this has been discussed and answered before. Once the conditions are removed and a 10 year green card has been issued, is a U.S. Passport needed to travel out of the U.S. and back in again?

I am confused about this because I am thinking the U.S. Passports are only for U.S. Citizens.



You will still need the passport from the country you are a citizen of, to travel abroad, and whatever visas that are required for the country you wish to visit, considering the country of your citizenship.

You will need your permanent resident card to re-enter the USA. That is basically all you need to re-enter the U.S.A.

You cannot apply for citizenship and a U.S. Passport until you meet the time requirements for applying for Citizenship. This is 3 years if you acquired your permanent resident status by marriage to a U.S. Citizen-and are still married to that Citizen, or 5 years, if you acquired permanent residency by other means.
Gene & SusanMaleKenya2009-11-02 10:28:00
Removing Conditions on Residency General DiscussionLost Ten Year Card
QUOTE (Abril01 @ Nov 2 2009, 09:44 AM) <{POST_SNAPBACK}>
Hi,

My husband apparently has lost his passport and his ten year green card, which he just received in September. Does anyone have any advice about what we should do now?

Thank you. unsure.gif



You can apply for a "lost" GREEN CARD replacement.

You can apply for a replacement Passport thru the Consulate of his home country in the USA.
Gene & SusanMaleKenya2009-11-02 10:48:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNOA1
QUOTE (beantown79 @ Nov 6 2009, 11:24 AM) <{POST_SNAPBACK}>
We just filed Nov 3 and the VSC received our package yesterday, I am seeing on peoples timelines that they received NOA1 and then say hard copy of NOA1 how do you know you its been opened and an NOA 1 Issued before you receive the hard copy?


You call your bank on a daily basis and see if your check has been cashed. You then ask your bank representitive to look on the back of the check image and read off to you the endorsement numbers. You then go online to the USCIS website and you can track your NOA1 by plugging in the numbers.

Gene & SusanMaleKenya2009-11-06 12:28:00
K-1 Fiance(e) Visa Case Filing and Progress Reports3 approvals this past week
While my application WAS approved this past week, on the 9th, I am just awestruck that there were only 3 approvals (from those that post on VisaJourney) at the Vermont Service Center in the last week...if it slows down any further it will grind to a halt. This is ridiculous. There are still plenty of applicants from October yet to get approved, denied or otherwise looked at.

Edited by gene mccluney, 14 February 2010 - 01:44 PM.

Gene & SusanMaleKenya2010-02-14 13:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 visa..fee question
OK, I'm pretty sure I have this figured out, but I just want to be sure.

The 2 fees I paid online to the NVC, before my case was completed and sent
to the Embassy in Nairobi are it, right?

The only additional fee is going to be for the medical, paid to the clinic?

Unlike the fiancee visa, there are no additional fees to be paid to the Embassy?

Thanks in advance for any answer.
Gene & SusanMaleKenya2011-03-13 19:27:00
IR-1 / CR-1 Spouse Visa Process & Proceduresinterview after April 15 and taxes 2010
When I submitted my financial data, (I am self-employed) I submitted 2009, 2008 and 2007 tax returns, and in addition my monthly bank deposit statements showing how much money I deposited in each of my accounts for the year 2010. I also had an officer of each bank write and sign a letter stating how much I deposited, as well as how much was currently in each account. This was in late January 2011 that this was done.

Now our interview date is April 7 in Nairobi, and I guess I can rush up and prepare my 2011 tax return, reflecting 2010, if that might be required.
Gene & SusanMaleKenya2011-03-13 19:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWould Government temporary shutdown affect Embassies?
Just wondering if the possible temporary US Government shut-down if they don't agree on a budget compromise affect the Embassies around the world. What if there is a shut-down during the period where an interview is scheduled?
Gene & SusanMaleKenya2011-03-29 11:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI need advice in advance of Getting Married
I posted this in the K-3 forum, not realizing that the K-3 was essentially dead now. I think I will get better help here:

In August of 2009 I met my future wife online, and we hit it off splendidly. I went to see her in her country in October of 2009 and got engaged, I immediately filed a K-1 and in February of 2010 my application was approved. She went for her interview in late March and the interviewer did not feel she provided enough documentation of a valid relationship with me. He asked her for more and set another interview date for a week later. I feverishly collected more, and sent her as email attachments (for her to print out) as well as via FedEx close to 190 add'l pages of cell phone text records between us, limited emails between us and she already had a photo album of us together when I was there, lots of photos of me and her with her brother and sister, her dad, her grandmother, her aunts, etc. Well the interviewer was not convinced and denied her the visa. I immediately contacted my Senator and Congressman and basically they were useless. They did not respond in a timely manner, and only one contacted the embassy 2 months after the rejection. The embassy "claims" that the file is being sent back to the issuing agency, with a recommendation for rejection. I know I can "contest" this and with the passage of time we are continuing to amass more documentation of our relationship and I am going to see her again in about 8 days. Right now (close to 2 months after the interview) there is no indication the "file" has been sent back..I feel in limbo.

I am considering getting married to her when I visit and filing a K-3 or whatever is the best for a foreign spouse to immigrate. Is this the best choice, or should I wait out the unknown length of time until I can resolve the fiancee visa issue. I know I have a relationship, it is good, it is strong, and I am much better at documentation now.

I also have a question about the requirements (for a K-3 or CR-1 or such) of showing a commingling of resources. Since she will have not yet actually lived here in the USA with me, I'm not sure how that can be achieved? She is from Kenya and does not possess enough personal wealth to qualify for a tourist visa or anything.

Please advise...this uncertainty about "when" on the fiancee visa is just crazy. Who knows when the embassy will send the file back. As I have said, my politicians are just worthless in this, it seems.
Gene & SusanMaleKenya2010-06-10 11:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to prove cominging of resources.

Maybe you are talking about the "Evidence of Bonifide Marriage" ???


Yes, evidence of bonafide marriage. If I marry my sweetie in her country, then come back
here to apply for I-130 we won't yet have lived together here in the USA, and she won't
have been here, so the only evidence I would have is photos, emails and phone records.
Gene & SusanMaleKenya2010-06-10 10:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to prove cominging of resources.
If I marry my foreign fiancee in her country, then come back here to the USA to file a CR-1. One of the requirements is to show a commingling of resources, and I can't see how, and need advice, since she would have not yet actually cohabitated here in the USA with me. How do I show that?
I guess I can put her on my charge cards and such, but she would not be here to sign a signature card for my bank account, and I don't have a house mortgage to add her to.
Gene & SusanMaleKenya2010-06-10 10:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresConfused about sending forms after application.
After completing and sending the initial package of forms, proofs, documentation for a IR-1, CR-1 Spousal Visa application for my Kenyan Wife. I am confused as to the subsequent forms that are requested..are they sent to me, the U.S. Citizen in the USA, or to my Wife in Kenya? I know for a fiancee visa the foreign fiancee gets a "packet" from the local to her US Consulate/Embassy, and I would have to send my proof of income to her to submit along with her medical at the interview. But what about the IR-1, CR-1 Spousal Visa, does she not get a packet local to her? Do I get everything, and then have to send things to her to fill out? The guide here is just not clear to me.
Gene & SusanMaleKenya2010-08-30 14:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSeptember filed, no NOA yet, concerned
I wonder why my case went to California. I live in Arkansas. I would have thought Vermont?
Gene & SusanMaleKenya2010-11-03 15:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSeptember filed, no NOA yet, concerned
OK, I sent the lockbox support an email inquiry, and got this reply, and it seems my case was accepted so now what do I do, it was accepted a month ago. Will I get notification when to send money and financial data, etc? I'm already a month into the process, it seems.

Here is a copy of the email I got....I have removed the case number.

Good Morning:



Thank you for your inquiry.



Your petition was accepted on September 30 and issued receipt number WACxxxxxxxxxx.



A duplicate receipt notice was sent to you on November 2.



You can follow the progress of this petition by visiting our website, www.uscis.gov, and clicking on Check My Case Status. You can call USCIS Customer Service at (800) 375-5283 or use the InfoPass system on our website to make an appointment at your local USCIS office if you have any questions. Once a form has been accepted, the Lockbox has no information on the adjudication process.



We trust these sources will be helpful to you.



The Lockbox Support Team

U.S. Citizenship and Immigration Services
Gene & SusanMaleKenya2010-11-03 10:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSeptember filed, no NOA yet, concerned

I just viewed my scanned check that was cashed yesterday. I also received the emailed "USCIS Acceptance Confirmation" with Receipt number.
I can see clearly that the receipt number was NOT printed on the check

Good Luck!


See thats what has me concerned. My check was cashed on October 1. I should have received an "USCIS Acceptance Confirmation" at that time, but didn't.
Gene & SusanMaleKenya2010-10-29 14:42:00