ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresCan my US fiance just be refused time off for emmigrating/helping me move?

I sure hope I wont have to be dealing with this. Russ says no one will mess with me, once I give them the 'legal eagle' speech lol! Im known to give employers a hard time if they try messing me about... long story... :star:

Not to be unkind, but you’ll soon learn not to give employers a hard time and keep your mouth shut. If you want to keep your position, that is. People in positions such as your Russ have no employment contracts. In fact, most persons don’t have contracts. There are no tribunals to take your complaints to. You can’t just ‘walk out’ for ill treatment, wander down to the social security office, and draw your unemployment. You have to prove you lost your employment through no fault of your own. You may be able to draw your unemployment (if you quit your job) providing you can prove you were being ill-treated, but you must go through hearings to prove it. And even then, your unemployment typically lasts only six months.
Welcome to America.

Thanks for your replies everyone. And no its not 3 requests for time off within a 6 month period - He started his position on June 12th 2009. He is requesting 4 days off at the end of May 2010 (to help me move) - which on his payslip says he has accrued at this time. He has to take these 4 days before the year of employment runs out - ie by June 12th 2010. That to me, is perfectly reasonable. He has not taken any other holiday in the past year!

If he must use or lose these days by June 12, 2010, then he should be granted them. He should take the issue to upper management if there is a concern. Anytime however you go above your immediate supervisor, you risk the future wrath of that person. Again, welcome to America.
I wonder if you are confused about the expiry date of when his holiday time must be used. It is unusual in corporate America for the date by which benefits must be used to correlate to the “hire date” of the employee. It is usually tied to the date of either the calendar year or the fiscal year of the company. You want to make certain you understand the policy before you question it.

Separately, we are getting married on June 27th and my family and friends will be coming over to NJ from the UK to spend time with us. Obviously we wont be seeing them fo a very long time afterwards so we would like to spend time with them and also - doh - we need time off for the wedding. This request for a few days off will be during Russ' 2nd year of employment - which according to his tems of employment will entitle him to 18 days paid off to be taken throughout the next year (June 12th 2010 - June 12th 2011). His manager has said she is fine with him taking the time off to get married. We dont even care if he is paid for that time off though. Its our wedding (!) and nothing is going to stand in the way of that.

I should also caution you there may be some confusion on your part about his holiday time for next year. While some employers immediately grant next year’s holiday time at the start of the new year, others operate a system of accruing holiday days each pay period. In other words, an employee will accrue so many hours of holiday time each pay period, which they use later after the hours have accrued. This relates to my admonishment to you above as Russ may be able to carry over into the new year those four days rather than lose them.
Rebecca JoFemaleUnited Kingdom2010-03-07 09:51:00
K-1 Fiance(e) Visa Process & ProceduresMarrying your girlfriend while she is in the States on Tourist Visa

I always take the approach, when we're asked this question, that a complete picture is only fair and that we, as non-lawyers, address only what we know as fact.

Fact is, if you enter the US on a VWP knowing that you are going to get married and file your AOS, you intended to go this route to circumvent the frustrating wait times in order to become an LPR.
Fact is, if it is decided that you somehow materially misrepresented yourself at any time, you are exposing yourself to risk of a lifetime ban.


It only takes one IO to decide that you have misrepresented yourself and you're in for a world of bureaucratic pain. What is acceptable today, might not be tomorrow. Look at what happened with Dr. Arnold I-693 submitters and their RFEs.

Many would argue that if they have even considered going about immigration using this method, they have voided it as an option. I'm not one to agree with this, since my fiance and I discussed the different ways couples can lawfully bring an alien fiance/ spouse to the US when we were talking about how 'doable' our relationship is. When I entered the US at Christmas, we had absolutely no plans to get married, and were it not for the impracticalities of trying to AOS with a dependent child, we probably would have gotten married and taken the AOS from VWP route. There was also the fact that I had cited in my divorce papers the possibility of emigrating to the US, depending on the continuation of the relationship with my current partner. We decided it just wasn't worth risking anything biting us in the #######.

Each couple has to weigh up the pros and cons depending on their individual circumstances. But not advising them of the flip side is just negligent; nothing mean-spirited about it.


That 'misrepresentation' business follows an alien at all times through any immigration process, right up unto and potentially even after naturalization.

It is annoying to see people formulate a plot. I've a particular aversion to persons who use this message board and others in order to learn how to do so.

The brutal truth though is that at adjustment, the AO will be more concerned about the legitimacy of the partners and their relationship than how they pulled off a fraud. This isn't meant as my saying couples should do so. The law is fluid and that fraud could manifest itself in ways none of us can yet contemplate.

If anyone wants to contemplate why abusing the system in this matter is contemptible, I would offer up that continued abuse of the VWP and tourist visas as a way to short-circuit immigration could one day 'spoil' it for everyone else. At the present, any alien possessed of a tourist visa or the ability to use the VWP can enter US shores, marry a US Citizen, and adjust via that marriage. There may come a day when the INA is re-written to disallow this practice, as other countries (such as Great Britain) have already done. At this point, an alien can enter and marry and go back home. There could come a day when marriage between a US citizen and a foreign national would not be allowed AT ALL without some sort of visa.

So it is rather like 'over-using' the services of Dr. Arnold. Or when USCIS took an option off their phone prompts to speak to a live human if you had an RFE.

*edited for clarity*

Edited by JohnnyQuest, 07 March 2010 - 01:21 PM.

Rebecca JoFemaleUnited Kingdom2010-03-07 13:17:00
K-1 Fiance(e) Visa Process & ProceduresMarrying your girlfriend while she is in the States on Tourist Visa

Absolutely. If someone comes here and decides on a spur-of-the-moment to marry, then I have no problem with that. Adjust your status, and the best of luck to you. But I have nothing but contempt for those who come here intending to circumvent the process. I have no hard feelings toward the O.P. (as he's asking a question and has not yet done anything wrong), but as someone who's invested financially and emotionally into doing things the right way, I hope he goes the proper route.


Why would you have contempt? Bit of a strong emotion for something that doesn't impact your life at all, correct?

VWP and visitor visa adjusters aren't the people who make the "legal route" more difficult and time consuming. It's persons abroad tricking US citizens into belief a falsehood of a relationship, and USC/alien couples who concoct false relationships to benefit the alien, that have caused the process to be more convoluted.

As far as a family based adjustment goes, USCIS is more interested in the legitimacy of the couple than they are how the alien got into country.
Rebecca JoFemaleUnited Kingdom2010-03-07 12:52:00
K-1 Fiance(e) Visa Process & ProceduresMajor Problems with USCIS - anyone else?

The issuance of an NOA1 is not necessary to start processing on a case. USCIS is in error. It is not an error of consequence to the processing of the case. The OP is free to smash their heads against as many walls as they like, it simply isn't necessary.


:lol:
Rebecca JoFemaleUnited Kingdom2010-03-08 21:08:00
K-1 Fiance(e) Visa Process & ProceduresMajor Problems with USCIS - anyone else?

The issuance of an NOA1 is not necessary to start processing on a case. USCIS is in error. It is not an error of consequence to the processing of the case. The OP is free to smash their heads against as many walls as they like, it simply isn't necessary.


Why don't you ask your friend the VSC Director if an adjudicator is going to work on a case that is missing documents.

I think you know the answer to that question.
Rebecca JoFemaleUnited Kingdom2010-03-01 08:53:00
K-1 Fiance(e) Visa Process & ProceduresMajor Problems with USCIS - anyone else?

The NOA1 is a completely useless document. It is a receipt. It says they have your case. You already know that. It gives you a case number. You already know that. What are you worried about? You will never again, andnever did, need that piece of paper and it has nothing to do with the processing of your case.

Of course you can go to your congressman, and they can probably get your fiancee mailed a copy of the NOA1 and then he can send you a copy of it...and then...what? You wait for the NOA2 just like anyone else. That will happen in 4-6 months in general terms, that is about average, sometimes sooner, but your "countdown" doesn;t start until you returned the properly completed I-129f. Be glad if they rejected the document and didn;t send an RFE, that goes faster than an RFE. Sounds to me like you got an RFE though from the timing you describe.

all you need to know is this...and nothing else


1. What date did the post office deliver the package with the correct divorce decree? You have this from your delivery confirmation information
2. when did they cash your check?

Consider the date your check was cashed the NOA1 date, you can get the case number off the back of the check. Your fiancees bank should show check images online and he can ask for a copy of the check if he wants at his bank.

Relax and get ready for the interview.


The issue is not the lack of the NOA. The issue is that it should have been forthcoming shortly after the holidays indicating case processing has begun. Instead the case has languished due to a mix-up of names of petitioners.

This is USCIS error and may qualify the petitioner for an expedite. Personally I would give them a couple of weeks to see if they expedite on their own (as they have verbally indicated). If not I would file my own request for expedite.
Rebecca JoFemaleUnited Kingdom2010-03-01 07:16:00
K-1 Fiance(e) Visa Process & ProceduresCriminal record on the beneficiary

What thread were you reading 'cause in this one, there are a total of 13 posts (not including this one) of which THREE are discussing possession vs trafficking. Of those 3, there were actually only 2 people (myself and Jim) that discuss the difference (although Jim knows the most). The rest of the posts have dealt with "can he apply before court result", the effect of lying etc..

The conjecture was because the difference between the two makes a difference as to whether he is permitted to apply for a waiver, or whether it's "game over" which is what the OP was asking.

Your post appears to be completely pointless and adds nothing to the discussion. You neglect to respond to the OP and instead just mention that Sweden has tough laws. You don't discuss the laws or their effect on the OP, so my qn to you.. point of your post was....?


Why would I care to discuss the laws of Sweden or their effect on the OP if I don't understand them? I think that's a bit unfair, don't you?

What I did allude to is that Sweden (apparently) has the most punitive drug laws of any nation in Europe, including the fact that a person may be charged merely for drug use. I don't know how much more simplistically you would like me to make a point. In other words, stringent laws equal a load of trouble for the OP? As to the specificity of the trouble, I would not care to hedge a guess.

And, Vanessa, it really doesn't matter what the charges are abroad as it relates to a visa. DOS is going to interpret crimes abroad according to their definition of them. Hence why waivers are required for charges which drop off the record of foreign nationals in their home country, because a similar charge would not drop off in the US.

*edited for clarity*

Edited by JohnnyQuest, 09 March 2010 - 10:02 PM.

Rebecca JoFemaleUnited Kingdom2010-03-09 22:01:00
K-1 Fiance(e) Visa Process & ProceduresCriminal record on the beneficiary
I do not understand why we are conjecturing as to whether the OP's charges will be possession or trafficking. Is there anyone here remotely familiar with drug laws in Sweden? I rather doubt it. From a bit of googling though I learned that the law as it relates to illegal drugs in Sweden is apparently the most strict in Europe. (I suppose I could also say I stayed at a Holiday Inn Express last night, but ................) :lol:

*edited for grammatical error*

Edited by JohnnyQuest, 09 March 2010 - 08:58 PM.

Rebecca JoFemaleUnited Kingdom2010-03-09 20:57:00
K-1 Fiance(e) Visa Process & ProceduresMy fiance lives in Ireland. I live in U.S.
Does he live in the Republic of Ireland or Northern Ireland.

If the Republic, the consulate is in Dublin, Ireland.

If Northern Ireland, the consulate is London, England, UK.
Rebecca JoFemaleUnited Kingdom2010-03-10 21:16:00
K-1 Fiance(e) Visa Process & ProceduresWill we be able to use the I-864 form for the K-1 Visa?

It's an open discussion. I'm helping the readers.


It was my hope that the OP might re-read the instructions and realize she is not thinking through the basic concept of "income" as it relates to support of the alien.

I did not intend to over-react.
Rebecca JoFemaleUnited Kingdom2010-03-11 15:34:00
K-1 Fiance(e) Visa Process & ProceduresWill we be able to use the I-864 form for the K-1 Visa?

A fiancee isn't a spouse. The I-864 instructions regarding including spouse income do not apply in any way to a K1 visa applicant or petitioner.

The OP needs to use the I-134. If he doesn't qualify, he needs to get a job, or a cosponsor.


Did I ask for your help?

I asked the OP to read the document.
Rebecca JoFemaleUnited Kingdom2010-03-11 12:54:00
K-1 Fiance(e) Visa Process & ProceduresWill we be able to use the I-864 form for the K-1 Visa?

I asked because on the I-864 form..you can use your Fiance's assets and income, but on the I-134F..you can't use your fiance's assets or income. Have you looked at the differences in the forms? There is a difference.That is why I was asking. If the I-134 is not approved. Then the whole K-1 Visa will likely be disapproved. We will probably try the K-3 Visa at that point.

P.S-You don't have to be rude. I was just asking a question. Why would I purposefully delay it..Duh?


Read the I864 again. More carefully this time.

You can include income of the alien spouse if it is from legal employment. Will your fiance still have his present job when he moves here? Or will he (like most people) be needing a job in the US?
Rebecca JoFemaleUnited Kingdom2010-03-11 12:32:00
K-1 Fiance(e) Visa Process & ProceduresI-129f's HARDSHIP of meeting in person request?

I read that thread from start to finish. I was going to make a comment on it in my previous post but didnt know if doing so would violate this forum policy. But since you brought it up... i'll add my 2 cents.

That post clearly shows the need to be sensitive to people's disability level. Keep in mind the OP never disclosed his disability. My wager would be it is more than just a physical disability from reading his posts. If I am wrong, sorry, but the point again is to just be more aware and be kind in replying.

While we may have had a similar question, our backgrounds are differently apart. This brings up a good point an official from the Immigration told me, each case is judge upon based on its credibility. SO while that 99.9% Hardship-waiver denial rate is applicable, it also means I could very well be the 0.1% that could be answered to favorably.

@ sachinky, VERY GOOD TO KNOW. I was under the impression that the Lao government was doing the interview for my fiancee. Hmmmm. Now may be the time to write my Congressman :)


Joe -

I'm quite glad you started your own thread. Your situation and thus your case seem very different indeed.

I'm getting the impression most readers to this thread would love to see you succeed. :)
Rebecca JoFemaleUnited Kingdom2010-03-04 16:22:00
K-1 Fiance(e) Visa Process & ProceduresI-129f's HARDSHIP of meeting in person request?

Philadelphia to London is around and a half hours. I dont know if this helps your situation but i have flown that many times without using the bathroom, but then i have flown it several time where i have had to.

good luck and i hope you work something out.


New York to Dublin - about 7.
Rebecca JoFemaleUnited Kingdom2010-03-04 14:03:00
K-1 Fiance(e) Visa Process & ProceduresI-129f's HARDSHIP of meeting in person request?

For me, your disagreement is not problematic. It's just disagreement. What I find problematic is your insistence on links to case files to support opinions with which you disagree but do not offer same to support your contrary opinions.


Ah.

Contrary.

That's an interesting word.

I did put up a link. It's not connected with DOS but it is moderately relevant.

*shrugs*

I just find it hard to believe a Consular Officer would be driving harder to deny the case of a disabled petitioner, especially so far as to run a line of inquiry along the beneficiary being a "hired caregiver". I can see the disability being relevant as to whether or not the beneficiary is so desperate for a greencard as to take advantage of the USC by plying them with professions of a love so great that the disability doesn't matter. Beyond that, I can't see "shopping" for an alien (as it benefits the USC's needs) to be any more relevant to a disabled person as it would be - let's say - a consular officer querying whether or not an aging balding msn might be looking to hire an attractive chinese lady to polish his floors and his glistening dome.
Rebecca JoFemaleUnited Kingdom2010-03-04 12:50:00
K-1 Fiance(e) Visa Process & ProceduresI-129f's HARDSHIP of meeting in person request?

I can't quote off the cuff where I have read this here on VJ or in Consular Officer blogs on the net. I will look for some of the sources where I drew my conclusion. The various consular officer blogs freely available on the internet are well worth reading.

My message to the OP is/was to prepare for the scrutiny.

As a VJ poster I am offering an opinion. Feel free to disagree.


Forgive me if I misinterpret, but your post leaves the impression you think me unawares of sources of information. I may be relatively unknown to you and yours, but in and of itself that should not infer ignorance of immigration matters.

Therefore, as a VJ poster, I have also offered my opinion. I hope that will not be problematic.
Rebecca JoFemaleUnited Kingdom2010-03-04 11:19:00
K-1 Fiance(e) Visa Process & ProceduresI-129f's HARDSHIP of meeting in person request?
Joe has several decisions to make, with his disability being at the crux of all of them.

File a visa for a woman he hasn't met face to face? Regular forum readers know this waiver is nigh impossible to maintain. But it still remains an option, as is usually only available to those who cannot fly due to a physical limitation. There will be a line drawn in the grant of a waiver between a true limitation and the preferences of the petitioner. Joe may prefer to travel in this matter because of his personal dignity. That's admirable, but is it a preference or a true limitation? He can file the waiver and find out. It costs him time and money, but it won't cause denial of a second petition if they then find a way to meet and still wish to marry.

As to statements that Joe will find his case put to further scrutiny because of his disability (waiver or not) I call foul. I do believe his case would come to MORE scrutiny if his waiver is successful, but not because of his disability. The bar is set so high for meeting criteria of a bonafide relationship that to add "hired caregiver" to the mix is quite frankly ludicrous. In the case of two persons in a committed relationship, I daresay REAL commitment on the part of the beneficiary to the petitioner would go to the plus side of their column. I do not know how a consular officer can determine bonafides in the case of two persons who have not met face to face.

As to any proof a CO won't put extra weight on the disability, I can offer no more proof than those who say it will matter. But I can offer this case for the overturn of an order of removal wherein the disability of the USC spouse played a large part in that successful appeal.

http://www.uscis.gov...008_07H4212.pdf
Rebecca JoFemaleUnited Kingdom2010-03-04 07:16:00
K-1 Fiance(e) Visa Process & ProceduresI-129f's HARDSHIP of meeting in person request?

I agree with the comment and find that it was delivered considerately. I even virtually echoed it a moment ago. Consular officers are required to consider the totality of circumstances and Laos is a high fraud area. The OP should be prepared for what is to come. Some of it will not be pleasant or welcome.


As I said to Ahn Map, it would be worthwhile to see case-file proof which sets the bar higher for proof of relationship for a disabled USC petitioner than would be required for one not so afflicted.

Is it to be automatically assumed a disabled person is shopping for a caregiver?

Are you or Ahn Map willing to offer us any, or are we simply to believe conjecture?
Rebecca JoFemaleUnited Kingdom2010-03-03 20:59:00
K-1 Fiance(e) Visa Process & ProceduresI-129f's HARDSHIP of meeting in person request?

Looking ahead, at the interview phase the CO will want to be convinced that you are petitioning for a spouse/life partner rather than a caregiver. So be prepared to have your life and intentions poked and prodded by the process.


This comment strikes me as rather needless and unkind.

Unless you can show us case files which prove it.
Rebecca JoFemaleUnited Kingdom2010-03-03 20:45:00
K-1 Fiance(e) Visa Process & ProceduresWhat is a "certified copy" of divorce decree?

NVC just sent my case to the Consulate (Skopje Macedonia) and i was reading this post, i decided to to check my divorce decree. (Texas does not give divorce certificates).

My final decree has a stamp and a signature from the judge and court house. My only concern is my signature, my ex-wife's signature and my attorney's signature are not the original signatures. I was overseas when my divorce took place and my attorney emailed me and my ex-wife all the documents, we signed them and emailed back to her (attorney)so when she finally put the final decree together all she had was copies of the documents with signatures. The judge's signature and the courthouse stamp/seal are original. Please advice me if you think this is going to be OK or not. By the way, I'm still overseas and it's going to be very difficult to obtain another copy of the decree with all original signatues.


Typically the document with live signatures is the document of record. In other words it is archived at the County seat wherein the divorce occurred. It would be most unusual for a true certified copy to contain live signatures. Most persons also don't have a "certified copy" in their possession as a natural progression of their divorce proceedings. USC's usually just receive a copy made in their attorney's office.

Odds are the document you possess in your personal records is not certified by the County Clerk or Recorder. If you have questions it's best to contact that authority and ask them what a "certified" document from them will look like. The process of certification varies widely. Your attorney MAY have provided you with a certified copy as part of his/her service to you. But it is not typical.
Rebecca JoFemaleUnited Kingdom2010-03-03 07:05:00
K-1 Fiance(e) Visa Process & ProceduresWhat is a "certified copy" of divorce decree?

A copy with just a stamp is just a copy. Without the "seal" with the imbedded impression on it it is just and always will be a copy (Not a Certified Copy).


Not all Clerk's use the old-fashioned embossing device.

USCIS understands this.
Rebecca JoFemaleUnited Kingdom2010-03-02 21:57:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa Holder - Ability to Work

The ruling was in response to a Tennesee couty that denied marriage to an illegal immigrant. The court ruled that marriage grants no immigration benefit, and legal presence nor participation in the SS system was not required.

It is directly related only that K-1s can no longer be required to obtain an SSN before getting a marriage licens. The ONLY reason the SS Administration classified K-1s as "work eligible" was to default the system to give them an SSN so they could get a marriage license where needed. I imagine one day that the SS administration will catch up and stop issuing SSNs to K-1s until after they have an EAD or green card...the same as they do for K2, K-3 and K-4 visa holders, none of which need to get married and none of which had any reason for an SSN before adjusting status.


Since someone has resuscitated this thread, I'd like to ask Gary to show us a link to this landmark court ruling.

It would help us to understand how a ruling in a state supreme court affects federal law.
Rebecca JoFemaleUnited Kingdom2010-03-21 08:51:00
K-1 Fiance(e) Visa Process & ProceduresA newbie with timing concerns!

I want to make certain that .......Darryl can enter this country without his K-1 visa approval and there would be no repercussions?

Kym


A K1 visa will not be 'denied' because of someone attempting to enter on a valid visa or the VWP.

There is always the possiblity of a turnback on attempted entry. Those on the VWP are more likely to be turned around if they have visited frequently and if the last visit was recent.

Should a turnback occur, depending on what is stamped (if anything) in the passport, the visa would at most be delayed because of further investigation into the incident.

Your lawyer is misinformed. Highly.

Edited by JohnnyQuest, 29 January 2007 - 10:02 PM.

Rebecca JoFemaleUnited Kingdom2007-01-29 22:00:00
K-1 Fiance(e) Visa Process & ProceduresA newbie with timing concerns!
That lawyer's head would be mine. On a platter.
Rebecca JoFemaleUnited Kingdom2007-01-29 21:42:00
K-1 Fiance(e) Visa Process & ProceduresHow long does it take for your case to get into the computer?

I don't want to wait until after, because that will delay it so much when it's jsut about ready to send off. The latest I'll wait is until he's here, but I'd prefer not to. And he definitely won't overstay, he's only coming for 2.5 weeks (using the last of his paid holiday up) and he needs to keep his job right now!

I don't think there'd be a problem sending it sooner, and that thread Buxton babe showed was reassuring. I am just waiting to receive the forms he's resent and the copy of his birth certificate and all that, which should hopefully come this week. I am torn between waiting (if there are potential problems) and just getting the thing in the mail. And I worry because I am a worrywort!



You were not going to mail it until mid February! He is going to be here for 2.5 weeks and you cannot wait until he's gone to send in the app? To top that, you want to worry about what might happeen "if" you send it in now. You are worrying just to be worrying!

The Visa process is one where you don't create problems for yourself. USCIS & RFE's, NVC and the Foreign Consulate create enough delays without any help. If there are known "issues" with a process and you know it going in, yet you proceed anyway, then worrying is exactly what you should be doing.

So send it in now and worry or wait until he's gone, send it in and relax. Your choice.


You are the one who needs to relex, joeyjoey. Filing the petion while the foreign fiance is in the country will cause absolutely no harm. It's perfectly legal and allowed, which is why the I-129F has a space on the petition to report the current I94 number if the fiance is presently in the US.
Rebecca JoFemaleUnited Kingdom2007-01-28 16:35:00
K-1 Fiance(e) Visa Process & ProceduresHow long does it take for your case to get into the computer?
February 16 is less than 3 weeks away. Not long in the grand scheme of things.

If you are a worrier, I would suggest posting it Thursday Feb. 15.

His possibilities of a turnback likely will have more to do with the number of times he has been here in the last year and the time since his last visit than a filed petition.

Edited by JohnnyQuest, 28 January 2007 - 03:41 PM.

Rebecca JoFemaleUnited Kingdom2007-01-28 15:39:00
K-1 Fiance(e) Visa Process & ProceduresMarriage certificates as well as divorce certificates
When reading accounts of what is required at interview, keep in mind that not all consulates require the same documentation.

Research what is required at your consulate.
Rebecca JoFemaleUnited Kingdom2007-01-28 17:29:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about Passport Validity
If you have a US birth certificate the question is moot.
Rebecca JoFemaleUnited Kingdom2007-01-29 17:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDublin pre-clearance

Im talking about for a visit.

Thanks for the input!


How are you pricing the flight? Are you pricing from the mainland to Denver?

You should be pricing fares directly from Dublin to your destination in the US. You can take a budget airline from your local airport to Dublin. And not all passengers flying out of Dublin will clear immigration there. I know that passengers on American and United do.

Regardless, if you clear immigration in Dublin, you are through. Unless there is a problem when you clear customs in the US (which is rare).

If you clear Dublin, effectively you are already IN the USA. You'll land at a domestic terminal in the USA and have no further clearance to deal with.

Are you visiting or talking about a CR1 visa entry? For CR1 entry, there's no advantage to going through Dublin. For a visit, you weigh your options and decide what's best for you.


Usually the lines are a lot shorter at Dublin. Officers are generally more friendly as well. Not a bad idea for immigrant visa clearance, if it's not out of the way for the alien.
Rebecca JoFemaleUnited Kingdom2010-11-29 19:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresReg:1-864

That's a separate issue. You asked why I thought something you wrote could be confusing. Here was my answer. You had written that NVC will only look at current income. See bold below for the answer to your question about what could be confusing.

The bold above could be a little confusing. NVC will look at whatever you send. The most recent tax return is required, along with documentation of "current income". You can have no tax return showing qualified income but document "current income" and pass but there's no guarantee on such a judgment call.

For example, I'm aware of a case where the petitioner recently took her first job as a Registered Nurse. I don't expect any problems even though she's never filed a tax return. On the other hand, I'm aware of a case where the last three years of income are all below the guidelines and the petitioner has recently upgraded from part time to full time as a clerical worker at a small business she's been working part time for. That paints a quite different picture. In the second case, I would strongly advise a joint sponsor.

As for your new subject matter, I'm happy to discuss that. Consular officers are looking at the totality of circumstances. They are trained to do that and expected to. We've seen numerous folks asked for co sponsors or joint sponsors even though their current income meets the minimum guidelines. A Consular officer would know that an RN, with a new job is far more likely to continue to earn well over the poverty line for at least the next several years, because of the demand for nurses. On the other hand, the recently upgraded clerical worker at a small business is in a far less secure position. They certainly might both be approved, but I'll wager a lot more confidently on the nurse and advise the clerical worker (as described) to have a cosponsor ready.

The same logic is used in Manila, for example, when they decide to accept a parent cosponsor for a recent or soon to be college graduate while declining to do so for the more mature underemployed worker.

The above is my opinion based on significant experience, feedback and research. YMMV


Well, that's interesting. Because I didn't state any such thing about NVC. And as nearly as I can tell, you weren't responding to any question I had.

I know your mileage may vary, and I know you think you have experience that the rest of us don't. My experiences are quiet different than yours. I think the clerical worker, with a well prepared case, would find her case stands nicely on its own. Consular officers have discretion, this is true. They are also Americans, and they know the economic outlook in their homeland. Depending on where the RN lives, she's just as likely to land in the bread line as a clerical worker. Some areas of the country don't need another RN. And the clerical worker has been in her job three years, and just got promoted.

That's my two cents from significant experience, feedback and research. YMMV.
Rebecca JoFemaleUnited Kingdom2010-12-09 20:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresReg:1-864

If you can't tell what I thought was potentially confusing by what I already wrote, continuing the discussion is pointless AND off topic. Please just drop it.



:lol: I'd rather not. And not because I want to have a fist-fight with you. I merely want clarity for readers.

I think what you already wrote is that the present income of a previously unemployed RN is "more acceptable" than the present income of an office clerk. In this scenario, the clerk has been raised to full time employment in an organization she has been with for three years. In this scenario I can only assume that the present income of both ladies meets or exceeds US poverty guidelines x 25 percent.

While a "professional" such as an RN should be given "credit" for having gained an education and the expectation of future earnings via that education, likewise a person who has documented experience in their same field should be granted the same courtesy of expectation. Income is income, after all.
Rebecca JoFemaleUnited Kingdom2010-12-09 06:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresReg:1-864

Pointless to answer. If there was potential confusion it's cleared up now.


Come on, man. Answer the question.
Rebecca JoFemaleUnited Kingdom2010-12-06 06:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresReg:1-864

The bold above could be a little confusing. NVC will look at whatever you send. The most recent tax return is required, along with documentation of "current income". You can have no tax return showing qualified income but document "current income" and pass but there's no guarantee on such a judgment call.

For example, I'm aware of a case where the petitioner recently took her first job as a Registered Nurse. I don't expect any problems even though she's never filed a tax return. On the other hand, I'm aware of a case where the last three years of income are all below the guidelines and the petitioner has recently upgraded from part time to full time as a clerical worker at a small business she's been working part time for. That paints a quite different picture. In the second case, I would strongly advise a joint sponsor.


Why?
Rebecca JoFemaleUnited Kingdom2010-12-05 12:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWorking while Visa Pends

I have another question. This is probably a stupid question but.............. when it comes to the poverty guidelines, is that our actual net salary, or is that before deductions and taxes? Because before deductions (health insurance, disability, etc,) I make over the 125% but after deductions I make less. I'm really worried about this!
thanks


Use the before-tax figure.
Rebecca JoFemaleUnited Kingdom2010-02-16 22:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisiting England

I think it was a hole in their security. I remember an article a few months later drawing attention to the issue. Bristol does have immigration control, I remember going through it from Berlin. I also tried the (then) new service between Newark and Bristol one Christmas and immigration was very tight.


Might have been.

But I do know it's a common caution on uk-yankee to not land in Ireland then transfer to the UK because there may be no immigration control. I haven't paid attention to which airports.
Rebecca JoFemaleUnited Kingdom2010-02-26 23:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisiting England
Please stop taking bits and pieces of immigration law from either side of the pond and running away with them.

I believe there is a caveat in UK immigration law for those who have overstayed less than 28 days. Google it and see what you come up with. If that doesn't work, check here:

http://www.iasuk.org/home.aspx

Please get yourself some professional help for your immigration issues.
Rebecca JoFemaleUnited Kingdom2010-02-25 22:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisiting England

Hi,

Can you tell me if it's possible to do what I suggested and if you think it might arouse some suspicion if my husband already has 6 months spent in the UK? This basically means he can not visit the Uk at all without sorting out a visa. We are still deciding what to do bt if we do the US visa we need to see each other at some point if it takes a year. If we can try for a visit to the UK proper by attempting to cross the border ast a point where an official visitor's visa might be issued (more likely refused but it's worth trying) can you tell me where this is possible - to be honest I'd be afraid of just going through and being in the UK without passing a checkpoint. There are actual roads in with no checkpoint? We wouldn't want to end up on those, I don't want any trouble.


That is kind of a silly question.

If you are driving along a road and it crosses the border and there is no checkpoint there, how can you think you are going to get in some sort of trouble? It's an open road.

And if there is a checkpoint into the North (run by UK officials) what makes you think there would be some sort of different "visit visa" than there would be at any other UK point?

If you are trying to figure out how to get off the island and over onto the mainland and somehow bypass the authorities, that won't happen. He'll need photo ID even to take the ferry.

As for him landing in Dublin with a US passport showing he just spent six months in the UK, I'd suspect he'll at least be questioned about that.
Rebecca JoFemaleUnited Kingdom2010-02-25 20:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisiting England

I had a very weird experience. When I received my UK work visa I chose a really cheap flight that flew to Dublin then to Bristol, I missed my connection in NY and then flew to Shannon and then Dublin. I went through immigration in Dublin, was stamped in for 90 days (I just explained I was on route to the UK). Then I flew from Dublin to Bristol and there was no immigration!! So later I had to explain to the Home Office why I had an unstamped visa in order to get my N.I. number etc.

Btw I flew to the UK while we were waiting on her visa and brought paperwork. I was asked the purpose of my visit. I said to visit friends and family. He asked who I was staying with and I said my SO's and that we are waiting on her visa. We chatted a bit about her visa, all very casual really and that was all.


That must not be uncommon with UK airports. I know Heathrow has a "transfer" area whereby you bypass UK immigration completely if your final destination is Ireland (the Republic).

It can indeed cause a problem for those coming into the UK on a UK visa (if they first land on Irish soil) because a lot of flights out of Dublin land the passengers into terminals that don't clear UK immigration. It can cause major problems for those coming on a settlement visa because they cannot prove entry.

I'm surprised you weren't cautioned about that.
Rebecca JoFemaleUnited Kingdom2010-02-25 20:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisiting England

There's no border control really (at least times I've crossed), its VERY porous (makes no sense to me) driving from Dublin to parts of Ireland like Co Donegal, at some point you even drive through Northern Ireland. The only way you know are the yellow double markings on the ground (Ireland), compared to white markings on the road (UK Northern Ireland)
We went from Donegal (Ireland) thru derry (UK) into Northern Ireland a couple of times, all you notice are the signs, especially GARDA for Ireland as opposed to police in UK. I still took my passport just in case the police happened to stop us and ask me for ID.
Matter of fact many folks who live in Donegal work in derry and vice versa.

Never get questioned at Dublin, takes like 1min for me to get through on a US passport. I havent even been asked what I was doing there, and I got 90 days each time in a 2month span! The 2nd time, they didnt even ask me why I only stayed a few days on my prior visit.


I was speaking about border control at Dublin International, not border control between the North and the South.

Which as you have duly noted - there is none of.
Rebecca JoFemaleUnited Kingdom2010-02-25 20:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisiting England

Or do you mean you might have a problem landing in Ireland? I don;t see why, you aren't sporting past 6 nmonth long tourist visas to Ireland. Alternatively you can just say "Well my husband lives in the UK, we used up our visits there so we are having a 2 week holiday here." Why would they think you would stay? You'll have your ties to the US on you anyway.


I'm saying border guards in Dublin are well aware of the porous land border between the Republic and the North and don't willy-nilly stamp the passports of ANYBODY coming into their country because of that very reason. It's not hard to find accounts in this community and others of entrants to Ireland having their passports stamped for only a day or two beyond their return flight date rather than the full 90 days which Americans somehow think they are entitled to.

Breathe the words "husband", "wife", "boyfriend" or "girlfriend" or even "family member" and expect a grilling. I'm not kidding. Ireland isn't a hopping off point to Europe. They're already in enough trouble with the EU.
Rebecca JoFemaleUnited Kingdom2010-02-25 09:17:00