ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresThats unbelievable!


Hi,

Im back again, I would like to ask you, has anyone got an email like that from the CSC??? We tried to find out what they are doing with our petition for so long. They didnt reply to our first email we sent them last week, so we sent them another one at the beginning of this week and got this answer:

This petition is undergoing security checks as required, there is no
time limit on this processing. Please allow 60 days before your next
inquiry.

Thanks,
McClellan, CAO
Division XII, Customer Service


So does it mean that we are going to wait FOREVER???????? Why are they able to complete other cases in less than 90 days and not ours after almost 140? Cant beleive it. They have already told us twice to wait 30 days, then another 30 days and now extra 60 days????


I can't say for sure... but I think it is a standard reply... wishing you all the best tho!


Sorry... but you have the unfortunate coincidence of having a name that is similar to a bad person. They now have to run checks to make sure that you and that individual are not one in the same person. Sometimes it takes a short period of time to clear your name, and sometimes it takes a long period of time. All you can do is wait until they are finished. Do what you are doing and keep checking. You may now want to get your congressional representative involved. They may be able to get a little more info than you can...
zyggyNot TellingCanada2006-03-10 14:22:00
K-1 Fiance(e) Visa Process & Procedureshonyemoon


Nope. Not unless you wait and honeymoon until after the foreign spouse receives travel approval (aka advanced parole).

so does that mean we can go to US territories suc as US virgin islands and peurto rico?



Puerto Rico and the USVI are defined as part of the United States in the INA... so yes, you can go to those places as long as you fly directly to those places from the US mainland.

Edited by zyggy, 13 March 2006 - 11:47 AM.

zyggyNot TellingCanada2006-03-13 11:46:00
K-1 Fiance(e) Visa Process & Proceduresnonimmigrant or immigrant?
From wikipedia...

In modern usage, a consul is a representative of a sovereign state, posted to a foreign territory, in charge of matters related to individual people and businesses, in other words issues outside inter-governmental diplomacy. The office of a consul is known as a consulate.

Consulates are more numerous than diplomatic missions (e.g. embassies), since the latter are posted only in a foreign nation's capital (exceptionally even outside the country, in case of a multiple mandate, e.g. a minor power may well accredit a single Ambassador with several neighbouring states of modest relative importance that are not considered important allies), while consular ones are also posted in various cities throughout the country, especially centres of economic activity, or wherever there is a significant population of its citizens (expatriates) in residence.

In large foreign cities a sovereign state may be represented by a senior consul known as a consul-general, who typically has several consuls and vice consuls working under him/her. The office of a consul-general is known as a consulate-general. Consulates-general need not be in the capital city, but instead in the most appropriate cities. In the United States, for example, many countries base their consul general in New York City.

Consulates are subordinate posts of their home country's diplomatic mission (usually an embassy), which is located in the capital city of the host country. Diplomatic missions are established in international law under the Vienna Convention on Diplomatic Relations, while consulates-general and consulates are established in international law under the Vienna Convention on Consular Relations (see external link below). Formally the consular career (ranking in descending order: Consul-General, Consul, Vice-Consul, Honorary Consul) forms a different hierarchy from the diplomats. However it is not uncommon for individuals to be transferred from one hierarchy to the other, and for consular officials to serve in a capital carrying out strictly consular duties within the 'consular section' of a diplomatic post, e.g. within an embassy.

Activities of a consulate include protecting the interests of their citizens temporarily or permanently resident in the host country; issuing passports; issuing visas to foreigners; and public diplomacy. However, the principal role of a consulate lies historically in promoting trade - assisting companies to invest and to import and export goods and services both inwardly to their home country and outward to their host country. And although it is never admitted publicly, consulates, like embassies, also gather intelligence information from the assigned country. This is especially important if the consulate is located in a port city.


zyggyNot TellingCanada2006-03-13 15:29:00
K-1 Fiance(e) Visa Process & Proceduresnonimmigrant or immigrant?




A consulate general does have some economic, cultural and political sections in addition to issuing visas and providing services to US Citizens... However, a consulate only issues visas and provides services to US Citizens. However, it's relatively difficult to just find a plain old US Consulate anymore.


So a consulate is not the same as a consulate general? Is there even a US consulate that isn't called a consulate general?



Winnipeg, Manitoba is still just a Consulate. Calgary used to be just a Consulate, but just got upgraded to a Consulate General.

Hermosillo, Mexico is still just a Consulate. So yes.. there are still some posts that are just a Consulate. But nothing that any of us would deal with...


Since the consulate in Winnipeg isn't a consulate-general, then it only issues visas right? Yet US Consulate, Winnipeg doesn't have a consular section that issues visas. It only deals with the government of Winnipeg on economic and political issues.

http://www.usconsula...&document=index

So by your logic that a consulate-general do other things beside issue visas, the consulate in Winnipeg should be called a consulate-general.


And yet in Hermosillo, all they do is process visas. I suppose a plain old Consulate is a post that does not offer the full range of consular services that a Consulate General does...
zyggyNot TellingCanada2006-03-13 15:23:00
K-1 Fiance(e) Visa Process & Proceduresnonimmigrant or immigrant?



I do not believe a Consulate General of the US performs only services for individuals. A consulate performs all fuctions of an embassy, but on a more limited basis. For example, consulate general Sydney has political and economic sections that maintain contact with NSW and Queensland governments. These are not services for individuals, rather they are for governments.
http://canberra.usem.../consulate.html

It is commonly noted on VJ that "embassies do not issue visas, consulates issue visas". I believe that this statement is incorrect. It is more correct to say, consular sections within embassies and consulates issue visa.



scy,

Simply stated (perhaps too simply)
- An embassy performs services government to government.
- A consulate performs services for individuals. I have not looked at all US embassy web sites, but every one that I have looked at has a clearly defined section headed Consular Services or similar, and the Consular Services section is subdivided into 2 areas, American Citizen Services and Visa Services.

Here's my understanding:
- A country will only have one embassy in another country, it may have one or more consulates.
- A consulate that is co-located with an embassy it will usually be referred to as the consular section, consular department, or consular office of the embassy, but it still performs the same well-defined services and is still headed by a Consul or Consul General as is a stand-alone consulate.
- Not all consulates provide a full range of consular services, and it's not always the consulate that is co-located with the embassy that provides the fullest range of consular services.
- I don't know if a Consul or Consul General reports directly to the Ambassador in the country where they are posted or if they report directly to the Consular Affair Bureau domestically and indirectly to the Ambassador.

I don't think I've ever seen visa services listed as something other than a consular function.

Yodrak



zyggy,

I think it's more appropriate to say that the consular section of an embassy provides the consular services. It's not like the consular services are provided by adding to the responsibilities of embassy sections that also perform other embassy functions. The consular services sections are pretty much stand-alone, even though they may be co-located with an embassy. (Except, perhaps, at the smallest of embassies?)

Yodrak


Yodrak,
I'm confused. Is a consular section the same as a consulate? I ask because in some of your posts, you mentioned that "Be aware also that despite what the source you quoted says, visas are issued by consulates, not embassies,"
http://www.visajourn...wtopic=5224&hl=
So if I read this right, a consular section within an embassy is called a "consulate"?

So what is your opinion of where visas are issued? Consulates, embassies, or consular sections within consulates and embassies?


A consulate general does have some economic, cultural and political sections in addition to issuing visas and providing services to US Citizens... However, a consulate only issues visas and provides services to US Citizens. However, it's relatively difficult to just find a plain old US Consulate anymore.


So a consulate is not the same as a consulate general? Is there even a US consulate that isn't called a consulate general?



Winnipeg, Manitoba is still just a Consulate. Calgary used to be just a Consulate, but just got upgraded to a Consulate General.

Hermosillo, Mexico is still just a Consulate. So yes.. there are still some posts that are just a Consulate. But nothing that any of us would deal with...

Edited by zyggy, 13 March 2006 - 02:51 PM.

zyggyNot TellingCanada2006-03-13 14:49:00
K-1 Fiance(e) Visa Process & Proceduresnonimmigrant or immigrant?

I do not believe a Consulate General of the US performs only services for individuals. A consulate performs all fuctions of an embassy, but on a more limited basis. For example, consulate general Sydney has political and economic sections that maintain contact with NSW and Queensland governments. These are not services for individuals, rather they are for governments.
http://canberra.usem.../consulate.html

It is commonly noted on VJ that "embassies do not issue visas, consulates issue visas". I believe that this statement is incorrect. It is more correct to say, consular sections within embassies and consulates issue visa.



scy,

Simply stated (perhaps too simply)
- An embassy performs services government to government.
- A consulate performs services for individuals. I have not looked at all US embassy web sites, but every one that I have looked at has a clearly defined section headed Consular Services or similar, and the Consular Services section is subdivided into 2 areas, American Citizen Services and Visa Services.

Here's my understanding:
- A country will only have one embassy in another country, it may have one or more consulates.
- A consulate that is co-located with an embassy it will usually be referred to as the consular section, consular department, or consular office of the embassy, but it still performs the same well-defined services and is still headed by a Consul or Consul General as is a stand-alone consulate.
- Not all consulates provide a full range of consular services, and it's not always the consulate that is co-located with the embassy that provides the fullest range of consular services.
- I don't know if a Consul or Consul General reports directly to the Ambassador in the country where they are posted or if they report directly to the Consular Affair Bureau domestically and indirectly to the Ambassador.

I don't think I've ever seen visa services listed as something other than a consular function.

Yodrak



zyggy,

I think it's more appropriate to say that the consular section of an embassy provides the consular services. It's not like the consular services are provided by adding to the responsibilities of embassy sections that also perform other embassy functions. The consular services sections are pretty much stand-alone, even though they may be co-located with an embassy. (Except, perhaps, at the smallest of embassies?)

Yodrak


Yodrak,
I'm confused. Is a consular section the same as a consulate? I ask because in some of your posts, you mentioned that "Be aware also that despite what the source you quoted says, visas are issued by consulates, not embassies,"
http://www.visajourn...wtopic=5224&hl=
So if I read this right, a consular section within an embassy is called a "consulate"?

So what is your opinion of where visas are issued? Consulates, embassies, or consular sections within consulates and embassies?


A consulate general does have some economic, cultural and political sections in addition to issuing visas and providing services to US Citizens... However, a consulate only issues visas and provides services to US Citizens. However, it's relatively difficult to just find a plain old US Consulate anymore.
zyggyNot TellingCanada2006-03-13 14:23:00
K-1 Fiance(e) Visa Process & Proceduresnonimmigrant or immigrant?

I concur with john_and_marlene. K visas whilst they are non-immigrant visas are treated in many ways like an immigrant visa and as such are issued by the consulate as opposed to the Embassy.


Since the end result of a K1 visa is the adjustment of status to a permanent resident, K visas are treated as immigrant visas for processing and are therefore processed by Immigrant Visa Units in Consulates.

Aussiewench...

Both Embassies and Consulates provide consular services. However, the Immigrant Visa Post may be located at the embassy or at a consulate in a country. No country has more than 1 immigrant visa post. For instance, Moscow is an embassy and also the site of the immigrant visa post.. But the immigrant visa post for China is at the consulate in Guangzhou.

The only consulate that does not have an immigrant visa post that processes K visas is the Consulate in Vancouver, Canada.

Edited by zyggy, 13 March 2006 - 11:26 AM.

zyggyNot TellingCanada2006-03-13 11:24:00
K-1 Fiance(e) Visa Process & ProceduresThe RCMP don't really take 150 days, do they?

daisy...looking at the rcmp site, they only do checks w/ finger prints. :wacko: even doing it today i'll not get them until the end of july :( which would hope would be way after any interview.

<sigh>

guess my employer gets their wish of me staying here longer.

k



They do both... If that was the case, why would all of us who have gone through it before be telling you this... The RCMP detachment does the name based police certificates. They also do the fingerprint police certificates, but from their central office in Ottawa...

If you have no criminal record, only the name based search police certificate from the RCMP is required. If you have a criminal record, the fingerprints based police certificate is required.

Edited by zyggy, 21 February 2006 - 10:09 AM.

zyggyNot TellingCanada2006-02-21 10:07:00
K-1 Fiance(e) Visa Process & ProceduresThe RCMP don't really take 150 days, do they?

Doesn't seem to be any way to expedite, no. Seems a bit ridiculous to me that it takes 150 days... Do people really have to sit around for five months before they know if they've got a job that requires an RCMP check? Something's obviously horribly broken somewhere.

I'll have to call the Consulate on Tuesday to let them know that we'll definitely be needing the I-129f approval extended, but also to see perhaps if they will take it as assumed that I'll have the certificate by the end of July and set me an interview date around then. They say there's a two to four month wait for appointments, so it's not like I'd be trying to weasel an early date. Just an earlier date than two to four months from the end of July.

And if they say no they can't do that, and I have to wait until September or November (or two to four months past whenever I actually get the RCMP certificate back) then perhaps I'll see if I can take advantage of the fact that Canadians can stay in the USA for 90 days without needing a visa. At least that way I can spend from May until my interview date with my fiancée.

Either way, 150 days is a little bit on the far side of Completely Ridiculous.



Yep with a DUI you have to get the fingerprint based check... Don't like the 150 days, call your MP and tell them to give more finding to the RCMP to staff their fingerpriting office. They're slow because they're underfunded.
zyggyNot TellingCanada2006-02-20 08:59:00
K-1 Fiance(e) Visa Process & ProceduresMedical



I was told at the medical I was being tested for HIV, Syphillis etc, I was not informed of a drug test nor was it mentioned....but I didn't have a reason to care either. I didn't think it was legally for them to test you without your knowledge???

Just lay off em for a few weeks before ya medical ;) (6 weeks or so isn't it?)



For these purposes.. they don't have to tell you anything... the doctor has no doctor/patient relationship with the immigration physicials, the doctor is only responsible to the US Government and he/she will do whatever tests they tell him/her to do, period.

Then why are we paying?


You are paying for the physical yes... but then you sign a waiver stating that there is no physician/patient relationship, the physical is the property of the US Government, the results will not be divulged to you, the doctor is only responsible to the US Government, etc.
zyggyNot TellingCanada2006-03-14 10:06:00
K-1 Fiance(e) Visa Process & ProceduresMedical

I was told at the medical I was being tested for HIV, Syphillis etc, I was not informed of a drug test nor was it mentioned....but I didn't have a reason to care either. I didn't think it was legally for them to test you without your knowledge???

Just lay off em for a few weeks before ya medical ;) (6 weeks or so isn't it?)



For these purposes.. they don't have to tell you anything... the doctor has no doctor/patient relationship with the immigration physicials, the doctor is only responsible to the US Government and he/she will do whatever tests they tell him/her to do, period.
zyggyNot TellingCanada2006-03-14 08:53:00
K-1 Fiance(e) Visa Process & ProceduresMedical

I was never given a drug test. The medical interview asked if I was taking any drugs. I'm sure if it seemed that I was on drugs they would have ordered the test.



Again.. how do you know... the truth is that you have no idea what kinds of test they run on your blood. They don't need all the blood they take from you to do just an AIDS and Syphillis test... they have lots of blood left over...

It wouldn't surprise me if a drug test was performed on the blood... for everybody..
zyggyNot TellingCanada2006-03-14 08:25:00
K-1 Fiance(e) Visa Process & ProceduresMedical

:wacko:


I remember a person on here whose fiance had tested positive during the medical and was denied the visa.

I'll see if I can find it and post a link.


MissLiss for one...


The one I was thinking of was from Jamaica.



Yeah me too.. that was the one that first came to mind... I was trying to remember her name... Jackie I think...


It was Jaclyn... and the post that she put that refered to her fiancee getting denied has been removed for if you remember were obvious reasons.

Edited by zyggy, 13 March 2006 - 03:53 PM.

zyggyNot TellingCanada2006-03-13 15:52:00
K-1 Fiance(e) Visa Process & ProceduresMedical

I remember a person on here whose fiance had tested positive during the medical and was denied the visa.

I'll see if I can find it and post a link.


MissLiss for one...
zyggyNot TellingCanada2006-03-13 15:32:00
K-1 Fiance(e) Visa Process & ProceduresMedical

Not in the UK (when I went through there in July 2005) ... In some countries (such as West Indian countries) they do however....

I'm sure they have the power to randomly do a test if they suspect some dodgy. On your medical you are asked if you have taken drugs.



How do you know that they don't in the UK... It is definitely in their bag of tricks. In some places that have a history of widespread drug use, the drug test is a given.
zyggyNot TellingCanada2006-03-13 13:33:00
K-1 Fiance(e) Visa Process & ProceduresJust Starting on K1

Wow, thanks everyone...looks like I'll try with the tourist visa, and see what happens. I guess what everyone is saying is that the K-1 visa should be used if my fiancee and I decides to live in US. And we do not intend to when we fly back to visit the family.

Does any one have information, if we get married in China...and what is the procedure to apply for a green card?



Yes.. you can file an I-130 with your local US Consulate... Once the I-130 is approved, your spouse will be scheduled for an interview in Guangzhou for a CR-1 visa. This process is known on this site as DCF... There is a forum about it on this site...


Wow! That was a lot of reading - with a few sharp debates in the middle.

I apologize if I'm jumping in on anothers topic, but perhaps my situation could be an example for what you all are trying to explain. Or perhaps you might have some news to tell me about my situation.

I'm living/working in Ho Chi Minh City, Vietnam and have applied for a K-1 Visa. If/when the visa is granted we INTEND to move back to St. Louis and begin a new life. I still maintain a domicile (my parents home; my last residence before moving to Vietnam in 5/2005) in the United States (i.e. receive mail, do financial transactions through this address, vote, etc.).

I consider my living/working in Vietnam as temporary. Is the K-1 Visa the appropriate visa for our situation based on all of the information you all have shared and debated above?

Apologies in advance to Mr. Tig for jumping in on the tail end of your post! I just thought it was easier this way since everyone is gathered and shared on this post already.

STL_HCMC


A k1 is definitely feasible for your situation, but the better situation for you is probably to get married in Vietnam and file an I-130 at your local US Consulate in Vietnam (HCMC or Hanoi). Once the I-130 is approved, your spouse will be scheduled for an interview in HCMC. This is usually a much quicker method and the end result is a CR-1 visa whcih leads to permanent residency one the alien enter the US. A mush better visa than the K-1.

Edited by zyggy, 13 March 2006 - 08:36 AM.

zyggyNot TellingCanada2006-03-13 08:38:00
K-1 Fiance(e) Visa Process & ProceduresJust Starting on K1

Right off the USCIS webpages. They recognize the fact that some ppl want to come here and leave after getting married within the 90 days. Once again the fox is right. I hate it some times being right all the time.
---------------------------------------------------------------------------------------------------------------------

If your fiancé(e) intends to live and work permanently in the United States, your fiancé(e) should apply to become a permanent resident after your marriage. (If your fiancé(e) does not intend to become a permanent resident after your marriage, your fiancé(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.) For more information, please see How Do I Become a Legal Permanent Resident While in the United States?. Please note, your fiancé(e) will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status. For more information, please see How Do I Remove the Conditions on Permanent Residence Based on Marriage?.


Chuckle...

While it may be ok to cover the bases and file a I-129F in case things so south with the B2, I do not believe that the OP should deny themselves of the visa. Based on their circumstances, I think they have an excellent shot at getting it and it is definitely the more appropriate visa for this case.

If they were to go through with the K visa, the OP and his fiancee need to be explicit about the fact that they have no intention of immigrating to the US at that time and are using it to be able to travel to the US for the purpose of marrying in the US and then returning to China.

I don't not know how the Immigrant Visa unit of the consulate in Guangzhou would take such an admission and whether or not they would approve or deny the visa since the intent of the K1 visa is to remain in the US. If it weren't, it would be processed by Immigrant Visa Units, it would be processed by non-immigrant visa units and the fianancial support and medical provisions wouldn't be required.

Regardless, for the proposed intent of the OP, the B2 visa is the visa that meets their intent. They should apply for it at their closest consulate (doesn't have to be Guangzhou), with the necessary evidence of their intention and the OP's significant ties to China, and let the chips fall where they may.

Edited by zyggy, 23 February 2006 - 12:58 PM.

zyggyNot TellingCanada2006-02-23 12:56:00
K-1 Fiance(e) Visa Process & ProceduresJust Starting on K1


I was more blunt this time because you missed my point in my original post. There may not be a valid path to get what he wants within the constraints of reality. Getting an "alternate" visa because you can't get the one that will allow what you want doesn't make it a valid path. I suggested what I honestly believe to be the correct avenue to him ... the DCF. In this case the reality may be that they can't get married in the states with the other constraints of her not being allowed the proper visa and them wanting to remain living in China.


A DCF makes no sense right now. First of all, they'd have to be married. Second of all, I don't know, and I don't know that you know either, what the Guangzhou Consulate's policy is on DCF. Third, if they do allow it and the OP meets the requirements, there's no guarantee that it won't take as long as a K visa or a tourist visa.

The tourist visa is the most appropriate visa for the OP's fiancee. They want to get married in the States, visit with some friends and family possibly, and return to China. A DCF would result in a CR-1 immigrant visa. The OP's fiancee has no immigrant intent at this time. If she entered with an CR-1, activated the green card issuance, and then left after her wedding for several years (as the OP says they intend to do), she could be found to have abandoned her permanent residency and they'd have to start all over again. Not good.

You're being all kinds of theoretical about what the OP may or may not want in the future instead of dealing with their situation as it is right now. I'm thinking that if an American citizen can prove significant economic and personal ties to China, his fiancee could very well get a tourist visa to have their wedding in the States. Then, if they decide to return to the States later as husband and wife, a DCF might well be appropriate.


I agree with pax... the B2 is definitely the correct route to go and misrepresenting yourself while getting the K1 (i.e. using it to bypass a B visa) may cause some big headaches later when the OP DOES intend to return to the US with his wife. This is a case where doing something that may be expedient in the short term could cause more and larger delays and problems in the long term.

The best course of action would be to present evidence of the USC's ties to China and evidence that he will be returning to China with his then wife at the end of the visit. I would also provide evidence of the wedding such as invitations and the like to show that there is something planned.

The chances of the Chinese national getting the visa is based on the strength of the USC's ties to China. I believe that this would be the better angle to take than to just give up on getting the B visa altogether.

Edited by zyggy, 23 February 2006 - 09:33 AM.

zyggyNot TellingCanada2006-02-23 09:32:00
K-1 Fiance(e) Visa Process & ProceduresJust Curious Question, Anyone filed for hardship for not meeting their fiance?

Over the several years I've been following this and other immigration boards, I've seen several people try. I have not seen anyone succeed. I'm sure some people DO succeed, but from what I understand, success depends on either demonstrating that you are both long-time practicing members of an established religion which has a long-established prohibition on the meeting of marrying couples before their marriage, or that it would be an extreme hardship for the US citizen to travel. Extreme hardship usually means at least something like a medical condition that prevents airplane flight, along with an inability to use ground transportation to get to Canada or Mexico, and an inability to take an ocean liner. It's not enough to prove you can't get to your fiancee's country and your fiancee can't come to the US; you must also show that the two of you couldn't possibly arrange a meeting in some third country somewhere.

Inconvenience or financial hardship won't work. In fact, if you're too diligent about showing that it's financially impossible for you to meet, then you run the risk of giving them evidence to deny the visa on public charge grounds.



I have only seen one succeed... It was for a gentleman who had to have dialysis every day or else he would die. The only places he could travel to to get his care were Canada and the US and his fiancee was denied a tourist visa to both of those locations. He documented his case with a letter from his doctor and evidence that his fiancee was denied the tourist visas. His waiver was then approved.

This is the only case that I have seen and it's quite extreme. They take the meeting in the last two year requirement very seriously.
zyggyNot TellingCanada2006-02-15 08:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864

I am wondering:

1. If my parents use (they both work part-time) their combined income to co-sponser, do they have to file a I-864A? I'm not sure if it's an issue, but just in case.....

2. Do they require a letter from their bank as well?


Yes... One would fill out an I-864. The other would fill out an I-864A.

A bank letter is not required...
zyggyNot TellingCanada2006-06-23 09:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVACCINATION DOCUMENTATION for CR1 Visa

I guess I disagree with the only two items listed as needed... Varicella (chicken pox--CP) is another one.

this shown in the previously supplied link, as well as this :
Technical Instructions to Civil Surgeons:
http://www.cdc.gov/ncidod/dq/civil.htm

---------

If it were me, I'd be inclined to ask the CS why they annoted this... If it was because of lack of proof of CP, this can be verified with a blood test... Yes, another expense but would clear it up if this is the issue.



Varicella vaccine is not available in many countries.... If it cannot be administered, it is not required...
zyggyNot TellingCanada2006-07-05 15:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVACCINATION DOCUMENTATION for CR1 Visa

Thanks...that is helpful. I got worried. But does anyone know if I need to do this waiver?


Nothing needs to be done by you... it is automatically done by the CO...
zyggyNot TellingCanada2006-07-05 10:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVACCINATION DOCUMENTATION for CR1 Visa

Ok....my husband did the medical exam. The doctor sent him to another doctor for extra lab work and it cost more than they said. But it's ok. The main thing I'm questioning is the Vaccination record. He didn't have one from when he was a child. Although he told them he did some of them, he didnt have a piece of paper to say. They ended up giving him the Td, MMR and that's it.

I'm worried on the bottom of the worksheet it says Results: Vaccine history incomplete, applicant may be eligible for blanket waiver(s) because vaccination(s) not medically appropriate. And in the worksheet it says not age appropriate for several, the DT, DTP, Polio, Hib, Hep B, Varicella, Pnemonoccoal, Influenza.

So what is this blanket waiver? Do I need to have him do it before he goes for the interview?

Help..... :blink:



THe vaccination requirements change depending on the age of the applicant...

For individuals between the ages of 19 to 50, only MMR, Td are required.

http://www.panelphys...munizations.htm

Edited by zyggy, 05 July 2006 - 09:19 AM.

zyggyNot TellingCanada2006-07-05 09:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat happens if I recieve CR-1 shortly before our 2-year anniversary?

Thank you very much, aussiewench, ziggy, and meauxna - that clarfies a lot. I just wonder how I point that to the Border Agent? Should I have the marriage cert. handy? What else might I need?



Your marriage certificate will be in the brown envelope that contains your A-file. Just when you give him the envelope and the visa, you might want to approcah it by "I had heard that if we entered the US after our second wedding anniversary, we should be admitted as an IR-1. Is this the case?"
zyggyNot TellingCanada2006-07-07 08:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat happens if I recieve CR-1 shortly before our 2-year anniversary?

Our 2-year anniversary will be October 8, 2006. There is a chance to have an immigrant visa interview before that date, but already within the 90-days (before the anniversary) when I am required to file for lifting conditions. What happens in such case? Do I have to file for lifting conditions immediately, or can they give me IR-1 instead of CR-1? What if I have CR-1 and enter the US after October 8?
I know it's still a long way before the immigrant visa process is complete, I am just curious what awaits me ahead... Thank you for your replies!



Whether you have permanent residency with or without conditions depends on whether or not you have been married once the Permanent Resident Status has been given. Permanent Resident Status is given not when the Immigration Visa is issued, but upon entry with the Immigrant visa into the US.

If you do not wiah to have Permanent Resident Status with Conditions, then you must enter the US after your two year anniversary date. If you do this, make sure you let the CBP officer know this fact and request that you enter with an IR-1 status.
zyggyNot TellingCanada2006-07-06 11:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS BILL

I received AOS from NVC asking to just send 70 dollars. Along with it I received a choice of agent from. Should I also mail that now or should wait for further instructions.

Please let me know.



Are you in the US on a K-3... if so that depends..

Do you want to get your permanent resident status visa an immigrant visa that would require to go back for an interview in your home country. If so , then send the I-864 fee and Choic of agent form back to the NVC.

If you want to get permement resident status by doing the AOS process in the US at the DIstrict Office. DO not send the forms back, but call the NVC and tell them that you want the I-130 sent back to the USCIS.
zyggyNot TellingCanada2006-07-11 07:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHusband here on CR-1

My husband Tarik arrived here on June 16, about 3.5 weeks ago with a CR-1 Visa that was issued on January 31. Thus far he has received one welcome letter.

1. Is it normal to take this long for his green card and social security card?

2. His VISA in his passport says that it serves as a temporary 551 for 1 year of permanent residency, will his green card still be valid for 2 years, or will we have to remove his conditional status within 1 year after he received his VISA?

3. Can he work with just his green card, or will he have to wait for the SSN too?

4. Can we use his A# to file taxes, or is that also dependant primarily on the SSN?

Thanks!
Tracy


1. If he received the welcome letter, the GC should be coming shortly thereafter. For the SSC, if he hjasn't received anything a month after his arrival in the US, then go to your local SSA office to get the card.

2. If you wew married for less than 2 years at the time of entry, you will have to apply to remove conditions 2 years minus 90 days from the date of entry. The endorsed visa is evidence of his permenent resident status until such time as he receives his GC.

3. He can work with just his green card. However, he can only be taxed as single with 0 dependents uintil he gets a SSN.

4. A SSN is necessary for taxation purposes. The A number is only valid for the USCIS...

Edited by zyggy, 11 July 2006 - 08:31 AM.

zyggyNot TellingCanada2006-07-11 08:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPlease help me for god's sake ! Should I refile ?



:( :( Its been well over four weeks and still no words from CIS regarding my NOA1. :( :(

I called my bank and also checked the account online to see if the check has been cashed yet and it has not.!


I then called USCIS and finally spoke to a immigration specialist after two hours of hold time on phone. I Had her check the database to see if our case is entered onto their system but HELL NO !! However, I must say she was nice enough to give me 24x7 fax# of USCIS and was advised to fax them a copy of my certified Mail's receipt to ensure my package has been picked up by an OFFICER for futher immigration processing.Because sometimes evenif USCIS receives the package, it could possibly be just sitting in their mailbox and never been picked by immi officers. I sent the fax right away couple of days ago and still haven't heard anything.


What should I do guys ? Any ideas ? Should i go ahead and refile ? I am very much worried and not to mention leaving with my girl is getting even tougher. I miss her and cant take this anymore :help:


I am sure, you have the proof that the Nebraska (From your profile) Service Center had received your petition. Nebraska then foward it to California Service Center. You may want to email the California Service Center. Explain them everything. The email address is: CSC-XII.130@dhs.gov

You can also contact your local congressman and/or your state senator(s) office and seek their advices.


Thank you so much for the email. I Just sent one now and will see what happens ! I am also off to work tomorrow so will definately contact secretary of state to follow up on my case ! Thanks a bunch !


Relax... it could take them up to 4 to 6 weeks to get you an NOA1, especially if it was forwarded to another service center. If your receipt showed that they got it, they got it. Hang tight for a few more weeks.

Edited by zyggy, 12 July 2006 - 08:16 AM.

zyggyNot TellingCanada2006-07-12 08:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling I129 After Case Arrives in CDJ

Now that your case (I-130) is at the consulate, filing for a K-3 is useless as they take the CR-1 over the K-3 being that the CR-1 is to gain immigrant status on entry. The K-3 is only so one can enter the US to wait approval of the I-130.



Agreed... CR-1 takes precedence over K-3. If the I-130's at the Consulate, they will process only the CR-1.
zyggyNot TellingCanada2006-07-12 08:13:00
IR-1 / CR-1 Spouse Visa Process & Proceduresemail from USCIS...

There is no reason for panic. California usually processes all I-130 cases for Nebraska and Texas. Now it looks like California will also process (hard to say, if it is temporary or permanent) VSC I-130 cases. So you will get your approvals from Californina service Center.



The change is permanent with Vermont being the last service center to transition over to the CSC... I would expect an announcement on the USCIS website in the next month or so changing the address where these petitions are to be filed...
zyggyNot TellingCanada2006-07-18 13:29:00
IR-1 / CR-1 Spouse Visa Process & Proceduresemail from USCIS...


The USCIS is currently in transition from having the Service Centers process petitions based on geography to a system where each Service Center handles a different type of workflow.

In the cases of I-129F's, I-130's and I-485's.. it appears that the CSC is going to handle these types of workflows...

Is that going to be a good thing though??? I don't think that it should hinder our cases and that they should go by the date they were submitted...And I got all excited when I read my timeline and saw that my rough estimate for time of ajudication was Sept. 19th for Vermont..I was happy with that..now what will it be?? DECEMBER 19th 2008?????????????

LJ



Yes I think it will be better off in the long run... it will result in getting rid of disparages in timelines based on where one lives in the US... and your received date does not change based on a transfer....

Remember.. those timelines are to be ignored... Especially for I-130's as you are eligible for an immediate visa number...
zyggyNot TellingCanada2006-07-18 08:14:00
IR-1 / CR-1 Spouse Visa Process & Proceduresemail from USCIS...
The USCIS is currently in transition from having the Service Centers process petitions based on geography to a system where each Service Center handles a different type of workflow.

In the cases of I-129F's, I-130's and I-485's.. it appears that the CSC is going to handle these types of workflows...
zyggyNot TellingCanada2006-07-18 08:07:00
IR-1 / CR-1 Spouse Visa Process & Procedures1-900 Numbers for Interview Appointment
The number is to make appointments for the Non-Immigrant Visa unit. Appointments for the Immigrant Visa Unit (which processes K visas and Immigrant visas) are handled either by the COnsulate themselves or the NVC...
zyggyNot TellingCanada2006-07-25 13:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI need an advice
However, once the consulate gets the file for the I-130 from the NVC they will cancel processing for the K-3 and continue only with the CR-1.

Due to both being approved so close togerher and the amount of time it takes Cd. Juarez to process both K-3's and CR-1's, my guess is that you will be doing a CR-1 regardless.
zyggyNot TellingCanada2006-07-26 09:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOkay to enter US through Canada with i-551?
Actually, permanent residents of the US can visit Canada without a visa.

Many people do not require a visa to visit Canada. These include

persons lawfully admitted to the United States for permanent residence who are in possession of their alien registration card (Green card) or can provide other evidence of permanent residence.

From http://www.cic.gc.ca...isit/visas.html

Edited by zyggy, 28 July 2006 - 12:09 PM.

zyggyNot TellingCanada2006-07-28 12:09:00
IR-1 / CR-1 Spouse Visa Process & Procedures*** USE OF MARRIED NAME OR MAIDEN NAME ***
All marriage certificates only allow the maiden name... A woman can take a husband's name by convention upon marriage.

However, you will not be able to do your name in the Spanish context. You can only take the name in the US context...

i.e. in your case she can have her married name as Janet Cabrera Franco

You cannot add a 'de' as that would change the name in the US sense....
zyggyNot TellingCanada2006-07-31 14:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen to stop the K3?
The CR-1 will still go through even through you have a K3 going through. If you get the K3 and you arrive in the US, you then have two choices to get permenent resident status:

1) You can let the CR-1 go through and then go back to your home country to get the CR-1

2) You can file an I-485 at the CHiacgo Lockbox and get your GC at the local DO. If you do this, you have to let the NVC know that you are doing this route so they can forward your I-130 back to USCIS.
zyggyNot TellingCanada2006-08-02 09:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresConsular report of a birth abroad

I have a question in regards to this also. Our baby will be born in November. I don't imagine I will be getting my interview at Montreal before then but probably sometime in the new year. Can I register our new baby for Birth Abroad at Montreal at the same time that I'm having my CR-1 interview?



No.. it has to be done at the Consulate that has jurisdiction over your residence. In your case, Calgary...

Also, the visa will not be issued until the question regarding your child's Citizenship is answered .. through the issuance of a US Passport or a Consular Record of Birth.

Edited by zyggy, 17 August 2006 - 09:37 AM.

zyggyNot TellingCanada2006-08-17 09:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresChoices, choices..

Hi, guys. I'm wondering if you can help me with my dilemma. I'm trying to bring my wife over from Ukraine. We filed both the I-129F and I130. So far, the I-130 has been going a lot faster than the I-129F. I've sent in the Bill IV fee and I-864 last week so, as far as I'm aware, the only thing remaining before everything is sent to the consulate is the DS-230. However, today I've finally received the approval of I-129F. So here's my question: should we just ignore the I-129F from now on, and just wait for I-130 process to complete? At this point, which one do you think will get her here the fastest? It's not that I'm impatient, but I'm going to the Caribbean sometimes this December for med school, and she's coming with me. How complex is the adjustment of status and how long does that take? Does she have to be in the country while this is going on? Any and all opinions are welcome.


Are you sure that getting a GC is the right thing to do since you'll be in the Carribean for Med School in December? It may be better for you to get a visa in the Carribean country to be with you for your time in med school and then get a Immigrant visa through DCF when it's time for you to graduate or start your internship. If she will be spending large amounts of time outside the US, there could be issues associated with her abandoning her PR status.

If you do wish to continue, I would say that right now the Immigrant visa would be the best route for you as it would result in PR status upon her entry to the US. If you're going to the Carribean in December, you don't want to be waiting for PR status through AOS in the US.

Regardless, I believe a consultation with an attorney who understands the issues underlying abandonment of PR stauts is needed before you continue.
zyggyNot TellingCanada2006-08-14 11:26:00
IR-1 / CR-1 Spouse Visa Process & Procedurese-mailing Montreal

Does anyone think this will help or hinder?

I was thinking of e-mailing Mtl to ask if we can use our K3 date in Oct for our I-130 interview as it has been complete since Aug. 21 at NVC.

Do you think they will consider it or will it just p*ss them off?

I e-mialed them for the K3 date saying I would take a cancellation date. Can't help but think they didn't like it and made us wait 5 months for the interview. It seems to work for some people but 5 months is extreme and can't think of another reason for it. K1's are getting thru in a month to a month and a half. Very frustrating.

Any insite is welcome. If this doesn't sound like a good idea we are taking further steps but are afraid of ticking them off.



Sorry.... you cannot just bait and switch... A better question may be to ask if they have received the information from the NVC and if so, how much longer the interview may be scheduled. In your case, if it's not too much longer, you may want to just wait for the Immigrant Visa and cancel the K3 visa appointment...

Edited by zyggy, 31 August 2006 - 08:22 AM.

zyggyNot TellingCanada2006-08-31 08:22:00