ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresUSCIS says they haven't received our application...

Stating facts is not being impolite, whether you like it or not.

The OP would be advised to withdraw their petiton as soon as possible to reduce the hemmorgaing from their mistakes and stop shooting themselves in both feet. Time to put the gun down and stop shooting.

Prepare a new petition and a certified letter to USCIS. As soon as the petition gets directed to the proper place and the OP gets their NOA1 and case number, they can send off the withdrawl letter and then the new petition. They have lost nothing but the $455. Education is expensive.


Stating facts isn't the same as telling someone they are "ignorant", "wrong", and "get over it".

I could now at this point go whining to the moderators about your behavior, but it's quite unnecessary. You're doing a lovely job of proving yourself to be less than a gentleman, all by yourself.

Then, pray tell, on WHAT basis would they deny? An improperly filled out form? Are you serious?


Answering the questions on the form truthfully is not an "improper" filing.
Rebecca JoFemaleUnited Kingdom2010-05-16 13:48:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS says they haven't received our application...

No doubt you have information on cases denied based on cover letters?


I never mentioned a denial based upon a cover letter.
Rebecca JoFemaleUnited Kingdom2010-05-16 13:41:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS says they haven't received our application...

Johnny Quest, stop being ignorant. You are wrong. Get over it. USCIS does NOT deny petitions because of errors in filling out forms. They send RFEs to clarify. Period. If the date of divorce is not listed they will NOT assume there was no divorce, they will assume a mistake was made and ask for a clarification and any missing documents. They MUST. When they determine and DOCUMENT at the level they need to document to cover their @ss, THEN and only then, they will deny the petition.

The OP stated the cover letter explains the situation, however USCIS cannot deny (or approve) based on a cover letter. There is no provision in the legislation to do so and any denial must be made pursuant to the legislation


Gary, please stop being impolite.

As the OP states they were honest enough to provide a cover letter explaining their situation, I'm presuming they were honest enough to answer the queries of "current husband or wife" and "former husbands or wives" in an equally honest manner.

In such case, the AO could deny the petition outright without worrying about "covering their @ss" with an RFE, as the necessary details for denial are already in place.
Rebecca JoFemaleUnited Kingdom2010-05-16 13:37:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS says they haven't received our application...

It's possible USCIS won't even know there was a divorce pending when the application was submitted. It depends entirely on what the submitted forms say. If a current spouse was listed on the beneficiary's G-325A then they'll probably issue an RFE for a clarification of the marital status of the beneficiary. If an ex-spouse was listed, they'll issue an RFE for a copy of the divorce decree. If NO spouse, current or ex, was listed, then they might approve the petition.

I don't see any scenario where USCIS would know for certain that the beneficiary was still married, and had a divorce pending, unless this was explicitly explained somewhere in the petition package. Barring that circumstance, an outright denial without an RFE is not likely.


The G-235a asks for the termination date of any prior marriages.
Rebecca JoFemaleUnited Kingdom2010-05-16 13:14:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS says they haven't received our application...

Gary, the procedure in this case would be an outright denial of the petition. The petitioner and beneficiary did not meet one of the crucial requirements for filing. The requirements are CLEAR that one must be free to marry BEFORE the filing date.

It is not necessary to issue an RFE in order to deny a petition.

In the extant case, I'm going to presume the G-325a contains all the information the AO needs to deny the case.


Sorry, $hitty internet connection.

Edited by JohnnyQuest, 16 May 2010 - 01:08 PM.

Rebecca JoFemaleUnited Kingdom2010-05-16 13:08:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS says they haven't received our application...

Yes you do, after you cannot produce the documents requested in an RFE.

As far as an adjudicator knows the document is missing. Even if mentioned in a cover letter they have an obligation to provide the petitioner the opportunity to. There is a procedure. USCIS has to follow the procedure to cover their @ss. If they deny based on a missing document or based on a cover letter, without the necessary documentation being requested, they could be liable from trouble for not following the law. The law specifies what they MUST do. If a needed document is missing, they MUST issue an RFE. If the RFE is not responded to satisfactorily, then they can deny, using the lack of response to the RFE as the reason for denial.

In this case, they WILL deny the peition, eventually, unless the petitioner withdraws it first.


Gary, the procedure in this case would be an outright denial of the petition. The petitioner and beneficiary did not meet one of the crucial requirements for filing. The requirements are CLEAR that one must be free to marry BEFORE the filing date.

It is not necessary to issue an RFE in order to deny a petition.
Rebecca JoFemaleUnited Kingdom2010-05-16 13:05:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS says they haven't received our application...

Correct. The person opening the petition does not even read the cover letter and couldn't possibly care less what it says. They check for signatures only, payment in the correct amount and throw it in the stack after issuing an NOA1. But ONLY when it gets to the right place.

Read the pinned topic on my conversation with the USCIS director at the Vermont Service Center above. You will see how a petition is handled and the steps it goes through. Sending in a petition that is disqualified by lack of meeting the law is just a sure way to waste months before finally getting a denial.

When the adjudicator gets the petition, finally after some months, he is going to go down his checklist. He is going to look at the G-325a and I-129f...here is what happens, no kidding, I personally know several adjusicators in Vermont...

Q. Is anyone in this petition divorced?

A. Yes
Q. Is the final divorce decree present with the petition?
A. No

RFE...Please submit the final divorce decree dated prior to (date petrition waws received) by (date for submission).

The RFE will be sent some weeks after the adjudicator actually looks at it. Adjudicators do NOT send RFEs, RFEs are sent by another department. If your case is not complete, your petition gets tossed into another stack (for RFEs) and when they get to it the RFE is issued. Any impression that an adjudicator stops what they are doing and sends you an RFE ASAP so your case can proceed is imaginary on your part. It is a process, there is a process for everything. There is an RFE process, if your case is not complete it is removed from the adjudication process and put into the RFE process, after it completes the RFE process it goes back to the petition process. Back in line, so to speak. ANY RFE negates ANY obligation by USCIS to meet any timeline guides for your case. Your case DOES go back to the same adjudicator and that adjudicator can decide how they handle RFE responses more or less in their own manner.


You don't get an RFE for being ineligible to marry.

You get a denial.
Rebecca JoFemaleUnited Kingdom2010-05-16 12:52:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS says they haven't received our application...

My divorce wasn't final yet when we sent in the application (it is now). But they say they have no record of having received the application at all so that wouldn't even be an issue. We explained the situation very clearly on our cover letter as to why we were applying now rather than wait and we told them when it would be finalized and that I would have the papers to bring to the interview and/or to forward to them within a month of sending out the application. We knew it would take longer than that for them to process the application so we weren't too worried about it.

Now my question is "is it possible it got lost in the mail or are they just pulling our chains?" Why say they haven't received it if they are holding on to it because of a different issue? They should have some kind of a record of it, shouldn't they? Should we re-file or just wait?



Your petition would not have 'taken longer' with your divorce having not been finalized. It would have been denied.
Rebecca JoFemaleUnited Kingdom2010-05-16 11:48:00
K-1 Fiance(e) Visa Process & ProceduresTwo year home country residence clause?

The 2-year home residency requirement is for foreigners who studied in the US with a J-visa in a field that required public funds. In order to make sure the student's home country can benefit from the studies, he or she has to return to their home country and stay there for at least 2 years.

If such a student were to marry a USC, a waiver would have to be obtained in order to adjust status from within the US, or to approve a CR-1 or DCF from outside the US.


J1's are not just students.

Au pair and EduCare; Student, secondary; Camp Counselor Summer work/travel;Government Visitor;Teacher
Intern; Trainee and Flight Training; International Visitor (Dept. of State use);Physician; Professor and Research Scholar; Summer work/travel: Australians; Short-term Scholar; Summer work/travel: New Zealanders
Specialist; Intern work/travel: Irish; Student, college/university; Work/English Study/Travel: South Koreans

Getting a waiver for the J1 return residency requirement often takes as long as waiting out the residency.

Bottom line though as Bernie C says, if the fiance has never even been to the US, there can't possibly be a home residency requirement.

I think the only thing you will find is where the application will be ultimately adjudicated by the state department. In most cases the embassy in the applicant's home country is going to process the final application. So in all likelihood, he will need to return to Kiev for the final application process. Also, read up about the police reports so you know which locations are required for completion of the application.


No. You can interview for a visa in the country in which you live, as long as you are legally resident in that country.
Rebecca JoFemaleUnited Kingdom2010-05-18 21:36:00
K-1 Fiance(e) Visa Process & ProceduresPersonal Check

This is covered clearly in the I-129F instructions. You already have the answer to this specific question but I strongly urge you to carefully study those instructions so you know what else you may have missed. Also, paying a fee of $455 is applicable to filing a petition for a fiancee. You posted in the K3 (spouse visa but obsolete) forum. Just what are you filing for? We don't have a forum designed to discuss the N/A visa from the nation of N/A. Please fill in your profile information.


Do you have to be so rude to a new person who is clearly trying to learn?
Rebecca JoFemaleUnited Kingdom2010-05-10 13:52:00
K-1 Fiance(e) Visa Process & ProceduresLawyers?

Thanks again also I didnt know about this site when we decided to file. So I went to what is said to be the best immigration firm in Orlando. So far they have been doing fine I just was not sure what route most people took. As far as the money for the lawyer goes its not important for us just as long as she makes it here!


I recall one of our members once saying that he hired an attorney because, in his opinion, getting his wife here was the most important thing he had ever done and he felt the cost of an attorney was a small price to pay.

He was right vocal about it too! :lol:
Rebecca JoFemaleUnited Kingdom2010-05-23 20:18:00
K-1 Fiance(e) Visa Process & ProceduresLawyers?

For the common, vanilla K1 or CR1 visa, you do not need a lawyer, unless you really want someone to hold your hand for $250 USD/Hr.

Why hire a middleman to help you fill out forms and do the paper shuffle?

You are on VJ now, read the guides and ask questions here.

Proceed with caution, the sharks are out there. Good Luck! :star:

Posted Image


And they aren't all lawyers either. ;)
Rebecca JoFemaleUnited Kingdom2010-05-23 17:17:00
K-1 Fiance(e) Visa Process & ProceduresLawyers?

If it is killing you to wait...you will die before it is over.

Attorneys CAN NOT speed the process and can only slow the process. There is no way they can complete forms faster than you can do the same thing yourself.

Unless you have been notified by USCIS that you have some sort of problem, an attorney is a waste of money and time. Even then, there is very little to nothing an attorney can do. Generally they pay a clerk $12 an hour to fill out forms on a computer, the same forms you can download here for free, with information and documents YOU provide. Then they call you back to sign it and stuff it in an envelope and mail it. After that it is in the service centers hands. The process time will depend on the backlog of work at the service center and nothing else. Your attorney cannot even call the service center, they do not even have incoming phone lines open to the public and certainly not to attorneys. If he says otherwise, he is a liar.

Read the pinned topic at the top of the K-1 forum regarding my interview with a director at the VSC, he addresses lawyers in that interview.

The ONLY people that can get through to the service centers are congressional representatives, each service center has a congressional liason that works only with congressional people. They wil not call unless something is out of the ordinary or outside normal processing times. Usually 6 months for a K-1.

Calling the 1-800 number is completely worthless for you or an attorney. That line is answered by contracted phone operators. You will never get a viable or worhtwhile information from that info line. USCIS does not do business by phone, they do not have a tracking system like Fedex, there is really very little you can do or information you can get. You will be notified if they need something and when you are approved. In your case, your attorney will be notified.

Before your interfview, you will realize the attorney was a waste of money. They do not go to the interview with your fiancee. Aks him NOW for a copy of everything he sent to USCIS, you need that.


I saw only two responses from your friend the Director regarding attorney representation. In one case you asked him if an attorney was needed and he answered with the two words "for what". In the second case he advised an AILA attorney for petitioners with certain criminal backgrounds.

I always find it funny that if you, Gary, have a couple of contacts at VSC, you haven't thought about the fact that professionals who deal with the Service every day might also?

Irregardless of that, it isn't hard to get a petition through the Service Centers. It's the consular phase where attorneys can touch the case far more efficiently than a layperson can. Many lawyers have contacts within the consulates themselves, some as deep as the waiver units.

None of this is to say that a layperson cannot successfully manage this process on their own. It's a disservice however to licensed professionals to say they are of no help to the process.

While we are on the topic of contacting the Service Centers, here's a USCIS memo from last fall which might help.

http://www.californi...SCIS update.pdf

Step 1: Contact the National Customer Service Center (NCSC) at 1-800-375-5283. The NCSC can assist
customers, community-based organizations and liaison groups with case related inquiries.

Before calling the NCSC please have available your receipt number, alien registration number, type of application filed
and date filed. During your call we recommend that you take note of the following information:

 The name and/or id number of the NCSC representative
 The date and time of the call
 Any service request referral number, if a service referral on a pending case is taken

Step 2: If more than 30 days have passed since you contacted the NCSC and the issue has not been
resolved or explained you can email the proper USCIS Service Center to check the status of your case.

 California Service Center: csc-ncsc-followup@dhs.gov
 Vermont Service Center : vsc.ncscfollowup@dhs.gov
 Nebraska Service Center: ncscfollowup.nsc@dhs.gov
 Texas Service Center: tsc.ncscfollowup@dhs.gov

Please note: Emails should be sent to the Service Center that has jurisdiction over your case. The
receipt notice will indicate EAC for the Vermont Service Center, SRC for the Texas Service Center,
LIN for the Nebraska Service Center, and WAC for the California Service Center.

When contacting the Service Centers by email you will need to provide the information outlined in
Step 1. If the NCSC did not issue a service request after your call, please indicate the reason the
NCSC representative did not issue the request.

Step 3: In the event you do not receive a response within 21 days of contacting the appropriate Service
Center, you may email the USCIS Headquarters Office of Service Center Operations by email at:
SCOPSSCATA@dhs.gov. You will receive a response from this email address within ten days.
Rebecca JoFemaleUnited Kingdom2010-05-23 07:54:00
K-1 Fiance(e) Visa Process & ProceduresIn love-Tourist visa or Fiance visa?

I agree with everyone who says it's not right to go for K-1 if our intent is not to marry. Our preference is to just continue to date, and then figure out when marriage will be suitable for the both of us, but i guess K-1 is not the right thing to do in this instance. She was previously in the US last summer on the J-1 visa. She left on time, and did not break any laws.

Can anyone tell me if sponsoring her tourist visa (is it possible to be a sponsor for a tourist visa?) will help her case?


You need to check out her former J visa and find out whether or not there was a two-year home residency requirement tied to it.

Look at the visa itself in her passport. Look at the DS-2019 which is part of that visa. The information is more likely to be on the DS-2019.

Also study this link:

http://travel.state....pes_1267.html#1

Many J visas DO NOT have the two year requirement. But some do and understanding this should be a part of your plan.
Rebecca JoFemaleUnited Kingdom2010-05-29 08:38:00
K-1 Fiance(e) Visa Process & ProceduresCanadian Fiance going to remain working in Canada

Not really, unless he wants to maintain an LPR status and one day get citizenship, which I would think he would. He can travel back and forth indefinitely and be married to an American without LPR status if he chooses. If his job situation were to change he may want to have the option of working in the US. I am never one to take opportunities off the table. But it would not be absolutley necessary. If one did a survey in my neighborhood, you would find the majority of the residents are Canadian citizens, with and without LPR status.

I understand whT Pushbrk is saying, just furthering the options. The K-3 would allow him to avoid AOS for up to two years.

Until then, just make sure he has a Canadian address, proof he "lives" there and proof he will return to Canada on each visit. He should have no problems.


Sure the K3 might be perfect.

It might be one of those times for the petitioner to cover the case with some correspondence asking the case not be closed at NVC.
Rebecca JoFemaleUnited Kingdom2010-05-30 21:21:00
K-1 Fiance(e) Visa Process & ProceduresCanadian Fiance going to remain working in Canada

My thought would be to avoid possible issues with the border authorities assessing that you are abandoning your permanent residence by spending so much time in Canada. With a K3, this wouldn't be an issue until status is adjusted to LPR.


So at some point this couple needs to decide where they will live.
Rebecca JoFemaleUnited Kingdom2010-05-30 19:06:00
K-1 Fiance(e) Visa Process & ProceduresForwarding Petitions to Lockbox?

The requirement is a 90 day comment period. The planned increase was for this year. I do not know if it will occur or not. We are just now seeing the announcemets of things they implemented last September.


Well since you don't know for sure, stop saying that it will be this year. It's misleading to readers.
Rebecca JoFemaleUnited Kingdom2010-05-31 10:21:00
K-1 Fiance(e) Visa Process & ProceduresForwarding Petitions to Lockbox?

Not in any way you will notice. The VSC has been doing this for some time already though it wasn't official. I do not know if CSC ghas been doing this also.

In the future your petition will be mailed to a lockbox. The mailing address you put on the package will not affect your processing time any more than it does now. The lockbox will be a central "hub" and will determine where your petition is most likely to be processed within the timeframe for that petition, then it will be sent to that service center for processing. The communications you receive will come from that service center.

You are entering into a process that takes YEARS to complete, the visa is only the beginning, it is not the end. It does not matter that your petition gets forwarded around the country and that doesn't take but 4 days or so in the whole process. Worrying about it is silly. Sending the package by Fedex overnight is ridiculous. Why pay for an overnight package on something that will be months in processing? Regular delivery confirmation mail is fine. Mailing time is not even a factor in the process.

This is being done in anticipation of drastically increased workload once an amnesty plan is in place (which will happen, in case you haven't figured that out) and increased fees which will be coming from USCIS before the end of the year.

It will likely make little difference in the processing of petitions that we see.

Will it speed the process? Maybe. Not likely. Remember, they are trying to be sure they comply with their stated guidelines, 5 months for an I-129f. They have no need or desire to do it sooner.If it happens, so be it.


Well since tomorrow is June 1st, and USCIS doesn't implement a fee increase without several months warning and a lengthy comment period, I don't expect there will be any increases this year.
Rebecca JoFemaleUnited Kingdom2010-05-31 10:09:00
K-1 Fiance(e) Visa Process & ProceduresI-129F sent 1 month ago, Fiancee changed her mind

Of course people change over the course of their lives. Their priorities change with their circumstances and life's journeys. BUT - my decision to find someone from a different culture wasn't a desperation move or a last ditch effort to find happiness.

I'm not seeing the world through rose colored glasses and fully realize that any marriage can fail, but what brought me to my decision was the fact that the person I met and fell in love with is very family oriented and has had to work to support various family members all of her life. After we talked it out (many times) we always came to the same conclusion that she had always wanted to be a stay at home wife and mother but never had the opportunity. She's excited at the prospect that she will finally have the time to do the things that are the most important to her - raise her daughter, be a step-mom to my son and be a devoted wife without having to leave the house for work at 7:00am and not arrive back home until 7:00pm.

Is Vanessa perfect, nope. Am I, nope... BUT - we have a similar outlook on life, love and family and I believe it gives us a better than average chance of making it together in life. That kind sir, had not been my experience before in dating or marrying an American woman.

Call me a nuty optomist, but I love her and think we'll be together forever.

Alan


I don't see a thing wrong with your optimism. In fact I think it is grand.

Like you I had a "domestic" marriage with a USC. I've been at my marriage with my foreign partner for a while.

My experience is this. Differing cultures have little to do with the success of the marriage. In fact I'll state with certainty that this alone brings more long-term challenges than you can imagine (at this point in your relationship). Unless that sounds overly negative, my experience is also that some cultural difference will add romance and always keep your marriage young. I hope your experience will be like mine. That the positive outweigh the negative.

I believe what makes a marriage successful is for the partners to compromise willingly and equally. That is why my first marriage failed and why my second does not. And I think that's a character trait, not a cultural one.
Rebecca JoFemaleUnited Kingdom2010-04-18 20:10:00
K-1 Fiance(e) Visa Process & ProceduresI-129F sent 1 month ago, Fiancee changed her mind

Alan, I agree with you. Your situation is very similar to mine in the sense that I too was unable to find that special woman in America that shared the same family values that I share. All of my previous relationships ended because of our difference in values: I wanted to settle down and have a family, whereas the girls I had relationships with wanted to focus on their careers and the party life. There is nothing wrong with that. It just did not match my wants and needs. There are over 300 countries in the world and I refuse to believe that the person I am to spend the rest of my life with somehow magically lives in the same city, or state or country as I do.

Falling in love with somebody from a foreign country goes against the typical love story where the boys meets the girl next door and they fall in love and live happily ever after. Questions such as "Why can't you meet somebody here?" or "What's wrong with you that you have to go so far to find a partner?" will be asked when you stray away from the so called "normal" way of meeting somebody. In fact, many people asked me why I cannot find somebody the "normal" way. It's so easy for other members on this forum to judge us on our decisions but guess what? They don't have to live with the consequences of your actions. You do. So if you make a decision to be with somebody that don't share your same family values and it ends up in heartbreak, you are the one that suffers not them. I applaud you for making the decision to find a life partner that satisfies YOUR needs :)

In the context of the OP, gosh I really feel for him. I don't wish this on anybody. It looks like he honestly looked for love but it did not work out. I still applaud the OP for trying to find love with a foreign person. Long distance relationships are very difficult and he had the courage to give it a shot. Other members have already given advise on how to stop the I-129F process so I won't rehash that.


You do know that people change over the course of a marriage, right? I'm not saying your spouse will develop fangs and eventually start to bay at the moon, but life circumstances happen and people do tend to become part of their experiences.

And you known that no matter how well you screen potential partners, there may come a time that your "wants and needs" will no longer match hers.

Or what if your "wants and needs" change?

I'm always amused by this notion you can take a human being out of their environment, plunk them down in an entirely different one, and they will remain the same. I'm in no way saying you are wrong to seek someone who shares your values, if that is what they are as opposed to wants or needs. But my experience is that these things can change because of the mere fact your spouse is living in a new environment.
Rebecca JoFemaleUnited Kingdom2010-04-18 19:49:00
K-1 Fiance(e) Visa Process & ProceduresI-129F sent 1 month ago, Fiancee changed her mind

In my experience, assertions like, "You should" simply mean, "I want". Don't count on getting what you want.


There you go with that experience thing again.
Rebecca JoFemaleUnited Kingdom2010-04-18 18:13:00
K-1 Fiance(e) Visa Process & ProceduresI-129F sent 1 month ago, Fiancee changed her mind

A recommendation may only be relevant to YOU, after you see a preponderance of evidence to support it. That's your choice. I suspect I have preponderantly more experience in these matters than you do and it is upon that experience that I base my recommendation. Usually, not always, people are not in a hurry to withdraw a petition but more often than not, when a letter is used to make an official notification that can only be made by one person, it is "helpful" to have a notary confirm it was indeed that person who signed the letter.

Everybody gets both points. Notarization isn't required unless requested. In cases where you want to make certain the first try works, notarization can be very helpful indeed. Knowing when it's a good idea to notarize something requires the right knowledge and experience. When withdrawing petitions, it is my studied recommendation to notarize the letter.


:lol:

You should either not make assumptions about my experience OR you should clearly state yours.
Rebecca JoFemaleUnited Kingdom2010-04-18 16:51:00
K-1 Fiance(e) Visa Process & ProceduresI-129F sent 1 month ago, Fiancee changed her mind

"But I also wonder why people purposely look for a foreign wife... You think you could never fall in love with an American woman?"

Not to stray off the topic started by the OP, but I'll bet that the majority of men who either have petitioned for a K-1 or have married a non USC souse have already been married to an American woman.

I don't think it's about our inability to fall in love with an American woman, in my case it was about my inability to meet an American woman who shared my philosphy about family values and who wanted to stay at home to raise a family. I was married to an American woman for 6 years and we lived together for 3 before marriage. Having a family wasn't high on her priorities list.

I don't think all American women are bad, nor do I think all foreign women are good. I just know that I tried many different ways to meet an American woman who wanted what I did and I wasn't successful. I consider myself lucky because I met someone who sees life the same way that I do - the fact that she's frm a different country is irrevelant to me.

Not trying to hijack the thread, but the point was brought up, so I thought I'd respond.

Alan


:lol:

With all due respect to you and cranehead but, well - blah blah blah.

There are just as many US women on this site who have married foreign men as their are US men who have married foreign women. These discussions which denigrate either US women OR men are really just neolithic. We all found someone to marry from a foreign country. I really think that should be the end of it. Generalizations, no matter how nicely put, make us look stupid.
Rebecca JoFemaleUnited Kingdom2010-04-18 15:43:00
K-1 Fiance(e) Visa Process & ProceduresI-129F sent 1 month ago, Fiancee changed her mind

Concerning oneself too much with legal necessity is a prescription for failure in the immigration process. It's prudent to cover your butt. For instance there's no legal requirement for an I-134 in a K visa case either but I sure wouldn't advise anybody to try to get by without one, when a Consulate or officer requests it.

The argument, "It's not required." is irrelevant and unnecessary in light of a "recommendation" that cites no "requirement". When a Consulate, Consular officer or USCIS requests something be notarized, it becomes a practical necessity, legal or not.


If the officer of if USCIS request it, yes. But no one in this conversation is of that ilk.

I think you may be getting a bit carried away with your "recommendation", you know? A recommendation is only relevant when there's a preponderance of anecdotal evidence to suggest such a recommendation.

From my perspective, this isn't about who here is right or wrong. My addition to the conversation was an explanation as to why notarization is not required legally. If Dakine's adjudicator wanted a notarized statement, then fine. I don't know enough about his particular case to conjecture as to why that happened. It's my thinking his adjudicator had some suspicion of fraud (the elimination of which is why notarization happens in the first place) or the adjudicator was over-reaching.

If you would like to recommend persons notarize a case withdrawal, that also is fine. I merely think it's misleading to lead readers to believe such a step is mandatory. If that is not what you are doing, then I retract what you seem to think are my objections.
Rebecca JoFemaleUnited Kingdom2010-04-18 15:38:00
K-1 Fiance(e) Visa Process & ProceduresI-129F sent 1 month ago, Fiancee changed her mind

Anyone can require a document to be notarized when they need confirmation of the identity of the person signing the document. For instance, the consulate in HCM routinely asks the petitioner to submit a statement describing the timeline of their relationship with the beneficiary. They require this statement to be both sworn and notarized. The timeline doesn't constitute a transfer of anything.

Withdrawing a petition is an act that only the original petitioner is eligible to do. Once the petition is withdrawn, the withdrawal cannot be revoked, and the petition cannot be revived. Before taking an irreversible action on a case, it would seem reasonable that a USCIS adjudicator would want to be confident that the request came from the only person actually authorized to make the request. It would not be unreasonable for an adjudicator to ask that the request be notarized, and in Dakine's case they apparently did.


Anyone can request anything. That doesn't make it a legal necessity. Which is my only point.
Rebecca JoFemaleUnited Kingdom2010-04-18 11:37:00
K-1 Fiance(e) Visa Process & ProceduresI-129F sent 1 month ago, Fiancee changed her mind

They no longer require notarization of the affidavit of support because the form explicitly says "I, <name of signatory>, certify under penalty of perjury...". This is the reason specifically cited by USCIS for no longer requiring the affidavit to be notarized. Since the notary stamp confirms nothing beyond the identity of the person signing the form, if the person signing the form is who they claim to be then they are bound by the terms of the contract, and if they are not then they are guilty of perjury.

The I-129F contains the statement "I certify, under penalty of perjury...". The G-325A states "Severe penalties are provided by law for knowingly and willfully falsifying or concealing a material fact." Unless you're going to include a similar affirmation in your letter of withdrawal, then it doesn't really carry any legal weight. For all USCIS knows, your spiteful ex-wife could have written the letter in order to screw up your visa petition.

Yes, there is nothing in the INA or 8 CFR that specifically requires a letter of withdrawal to be notarized. By the same token, there is nothing in the INA or 8 CFR that specifically requires a letter of ANY kind to withdraw a petition. 8 CFR only states that a petitioner can withdraw a petition at any time before it is approved, and that the withdrawal cannot be revoked. It doesn't specifically say HOW the petition is supposed to be withdrawn. However, USCIS has traditionally accepted letters for this purpose, and there a plenty of BIA cases on record that show USCIS has canceled petitions when it has received these letters. In fact, there was one BIA case where a petitioner sent a letter withdrawing the petition, and USCIS accepted the letter and placed it in the petition file, but continued to adjudicate the petition anyway, and subsequently denied the petition. The petitioner appealed to get the denial removed from the record and to have the record marked "withdrawn" instead of "denied", and the BIA upheld the appeal.

Getting the letter notarized may not be specifically required, but it wouldn't hurt if it was, and might even avoid an RFE from an ####### retentive adjudicator.


When there is no transfer of property, transfer of other assets, or transfer of power to act, then a document does not require notarization.
Rebecca JoFemaleUnited Kingdom2010-04-18 09:09:00
K-1 Fiance(e) Visa Process & ProceduresI-129F sent 1 month ago, Fiancee changed her mind

You "withdraw" not "close" the petition, and no you do not need to wait for confirmation in order to file a new petition.


There are times when terminology matters. I don't think this is one of them.
Rebecca JoFemaleUnited Kingdom2010-04-18 09:06:00
K-1 Fiance(e) Visa Process & ProceduresFake Marriage in Nicaragua
You are going to get a lot of different answers on this.

The safest answer is to have nothing that looks or smells like the local cultures typical wedding.

Have an engagement celebration instead. Declare your commitment to each other in front of the guests. Have no officiant present.
Rebecca JoFemaleUnited Kingdom2010-05-18 22:04:00
K-1 Fiance(e) Visa Process & Proceduresfees for uscis

i read today the fees for family based petitions going up from 930 to 985 usd.here is the link http://www.uscis.gov...00045f3d6a1RCRD


The increase is not yet in effect, if that's what you were wondering.
Rebecca JoFemaleUnited Kingdom2010-06-10 17:58:00
K-1 Fiance(e) Visa Process & ProceduresK1 and honeymoon

I haven't read the terms of service, but I have seen some of the room moderators participating in these threads--not this one--so I don't really think they care. But I do thank you for your civility and helpful attitude, some here could learn from your demeanor.


:rofl:
Rebecca JoFemaleUnited Kingdom2010-06-11 14:46:00
K-1 Fiance(e) Visa Process & ProceduresK1 and honeymoon

Melissa, I hope you consider my advice to just delete your accounts and/or create new, anonymous accounts. This is never going to end, the flame wars will continue as long as either one of you has a known presence on this site.


I don't believe that.

It might take some time, but I believe MOST members are able to forgive and forget when behaviors change.
Rebecca JoFemaleUnited Kingdom2010-06-11 12:18:00
K-1 Fiance(e) Visa Process & ProceduresK1 and honeymoon

Report K and L while you're at it Johnny. What a load of bollocks.


You're a big boy. Handle it yourself.
Rebecca JoFemaleUnited Kingdom2010-06-11 10:18:00
K-1 Fiance(e) Visa Process & ProceduresSome Advice Please

This is not quite accurate. There is quite possibly (and maybe even probably) going to be onus on the OP to prove she did not intend to immigrate to the satisfaction of the government. The armchair immigration lawyers in this crowd need to understand that adjusting status in the manner suggested is not a silver bullet, and it's not without risk. AOS is not guaranteed, and every day she's in the country overstaying her visit is adding overstay days that could quite possibly result in a multi-year ban should AOS be declined.

CR1 might take longer, and maybe it's more expensive, but it carries none of the risks associated with the overstay-AOS route.

If you're going to offer advice to the OP, at least understand these tradeoffs so that the OP can make an informed choice.


The truth is really somewhere in the middle.

The law is written such that certain behaviors can be considered an attempt to evade US Immigration Law. Filing to adjust status from within US borders rather than apply for a visa from without can be considered such an attempt.

Practically speaking however in the case of adjustment from the family categories, such behavior is rarely questioned.

I did read a post a day or two ago of a visa applicant in London whose case in apparently in limbo due to possible misrepresentation at the border during their last US entry. This information is noteworthy as a reminder that we can never be sure what CBP has entered into the record and what is subsequently archived for future use by USCIS/DOS.
Rebecca JoFemaleUnited Kingdom2010-01-20 13:52:00
K-1 Fiance(e) Visa Process & ProceduresDenial of Entry - Impact on Process
Crickey.

Poof - disappearing posts.
Rebecca JoFemaleUnited Kingdom2010-01-29 09:51:00
K-1 Fiance(e) Visa Process & ProceduresDenial of Entry - Impact on Process

Regarding travel on a VWP while the K1 is in progress - I would like to know the answer to this as well. I realize that the answer seems hit-or-miss and situation dependent.

My job is in public service and it's a difficult process to obtain more than a few days away from work. Her job offers a bit more flexibility, as long as proper notice is given. I will travel to Norway to be with her for her interview, but that is still a long time off.

Actually, let me expand on our situation a bit and then ask a question that I hope is relevant to the original question.

My fiance has been in the U.S. three times, all via the VWP and she has never had an overstay on any visit. The first time was a visit for a two weeks in 2008, the second was for two and a half months in early 2009.

The third time was for two and a half months, beginning in the summer of 2009. Upon her entry into the U.S., the officer stated that she would be permitted into the U.S. but she would not be permitted to re-enter for six months after that, as it shows that she has been visiting the U.S. frequently. We've interpreted this in the strictest sense - that the six months begins once she has left the U.S. - and while this is playing it on the safe side, it also means that she cannot return until mid-April at the soonest.

First question - is this considered a denial of entry, should this question ever be asked of us?

Second question - Is our interpretation correct? (This may be beyond the scope of this forum; if so, I apologize for that and would ask where I could find the answer.)

Thank you,
Z


Probably not.

But then probably depends on what they probably did or didn't stamp in her passport.
Rebecca JoFemaleUnited Kingdom2010-01-27 15:03:00
K-1 Fiance(e) Visa Process & ProceduresDenial of Entry - Impact on Process
I'd really like to see this clarified as well.

If my memory isn't clear gone, I think there used to be another member long ago who was a former border agent.
Rebecca JoFemaleUnited Kingdom2010-01-26 21:36:00
K-1 Fiance(e) Visa Process & ProceduresAny Irish citizen that did the K1 Fiance visa??

Yeah I understand that...but he asked about an Irish experience...I'm giving him one :)


This reminds me of the old pick-up line "do you have any irish in you" with the response being "want some"?

An "Irish" experience would be at the Dublin consulate, which handles things differently than the "British" consulate in London.
Rebecca JoFemaleUnited Kingdom2010-02-02 15:11:00
K-1 Fiance(e) Visa Process & ProceduresAny Irish citizen that did the K1 Fiance visa??

My fiance is an Irish citizen but living in England at the moment. We filed back in Sept and at this point have received packet 3 and returned it so the ball is in the London Embassy court right now! Seems to not be taking too long. We had planned on the process taking between 8-9 months so we are ahead of that timeline right now.


If the OP's fiance lives in the Republic the interview will be in Dublin - so their experience would be different than a beneficiary processing through London.
Rebecca JoFemaleUnited Kingdom2010-02-02 14:50:00
K-1 Fiance(e) Visa Process & ProceduresPetitioner is losing his JOB before the compeletion of K1 Process

Go with what pushbrk said and you shouldn't have a problem. Make sure to look for a co-sponsor anyway because you will need them when you adjust status.


;)


http://imminfo.com/L...esentation.html

8 U.S.C. § 1182(a)(6)©(i) includes in the category of persons who are ineligible to receive visas or to be admitted to the United States "[a]ny alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter." Id. And 8 U.S.C. § 1227(a)(1)(A) states that "[a]ny alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable." These statutory provisions are directly applicable to administrative removal processes, such as Monter's, in which the government begins a proceeding against an alien before an IJ.

The general rule is that a concealment or misrepresentation is material if it "has a natural tendency to influence or was capable of influencing, the decision of the decisionmaking body to which it was addressed." Kungys v. United States, 485 U.S. 759, 770 (1988) (internal quotation marks and citation omitted).
Rebecca JoFemaleUnited Kingdom2010-01-31 19:02:00
K-1 Fiance(e) Visa Process & ProceduresPetitioner is losing his JOB before the compeletion of K1 Process

Just as true whether employed on the interview date or not.


Now that makes a lot of sense.................
Rebecca JoFemaleUnited Kingdom2010-01-31 14:50:00