ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

Just got a notice today that our petition was transferred to a local office!  About time!!!


Serpent Dragon ZXMaleThailand2013-12-11 15:10:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

She just said, that K-1's processing dates are starting to line up with CR-1's.  Earlier, no, but anyone recently that has been putting in K-1, will expect a much longer wait now.  She only said this, when I asked her why so many other Visas are getting processed so quickly...  She stopped me in the middle of my sentence to say that it wouldn't be much quicker now.  Cause now the backlog of CR-1's is catching up.  She said that lately, the average processing times from Spring time filers (March, April, May) is about 11 months.  I wasn't showing any disrespect, but I felt I had a point in asking what was the deal...  I was with my wife for almost a year, and we even lived together for over 7 months...  The first person I saw every morning, and the last person I saw at night...  Every day...  And now, the person I talk to every morning, every break, every lunch, and every night, sometimes more, EVERY DAY.  So why now I have to wait over a year to be with when others are doing it in just 3-4 months TOTAL without even half as much contact.  It really blows my mind...  And angers the heart.


Serpent Dragon ZXMaleThailand2013-10-31 18:49:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress ReportsMay 2013 I-130 Filers

Today, after speaking multiple times to a very angry, unpleasant service rep, and asking to get transferred to a Tier 2 Immigration Officer very kindly and being yelled at for no reason...  (God, what a a most horrible ###### this lady was...  Never had such a rude person in my life talk to me in such a way, really made me angry)...  I got the nicest Tier 2 rep on the phone, as always.  They are a lot more compassionate, and understanding it seems, and they actually do seem like they care...  A woman with a Russian accent, tried to tell me what she has been seeing lately, and was talking to me like an actual human being, and had quite a long conversation with her.  She said how USCIS is handling things is absolutely disgusting.  And she repeatedly gets calls on the NBC issue all day long.  And how the processing times actually make her sick how they keep pressing them back, because she also, thinks its not fair that husbands and wives should be separated like this.  She said, at the moment, its a 12 month wait but more like 11...  But she has been seeing much of the processes going through quickly in the past 2 weeks.  She also said that they are just posting the dates as such so the dates don't actually land outside processing times.  They are trying to save their butts it seems.  She said that more then just the spouses were filing, so it's just a matter of sifting through the logs now, and sending them where they need to be.  When I told her I was mind boggled at how quickly the K-1 visas were getting approved, she was in agreement, and told me she didn't think it was fair, BUT as of now, their processing times are starting to line up with the CR-1/IR-1 petitions.  She said, once they get to an app, send it to an office, it takes roughly 3 months.  Then NVC gets their hands on it, another 3 months to process, and then another 45 days to get an interview...  But she said, don't be surprised if things start to pick up rather quickly here soon.  Even though my PD is May, she said I should see a result around late December, early January.  She also said, it takes FOREVER for e-mails, and texts to get sent out, and to call periodically to check in on it, and ask for a tier 2 rep, no matter how badly customer service rep acts, or is mad...  She said only thing they do, is read the computer screen of stuff which is readily available online to us anyways, and usually get interrupted all day, and have the attitude as a result.  She said this, kind of made me chuckle.  Cause, it's so true.  This lady was awesome.


Serpent Dragon ZXMaleThailand2013-10-29 22:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDoes I-485 Apply...? Complicated...
Again, mixed answers. Even with guides, I get different answers. I KNOW you can file the I-130 first, and then wait for USCIS to contact you about further steps, such as requiring a I-485, or atleast that's what it says on the website. And even then, the simple answer is that they can be filed separately. I must have not picked that up the correct info about the requirement of it in the guides about needing the I-485 or not. There is a lot of ground to cover about many issues on here, and missing some info is bound to happen. I have been searching for any, and every answer I could think of for weeks now. I am glad I finally registered and just came out and asked. You guys have saved me so much trouble, and cleared so much confusion up. And thanks again Harpa. I also want to thank Miimo. HUGE help! Thank you!
Serpent Dragon ZXMaleThailand2013-04-15 18:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDoes I-485 Apply...? Complicated...
That's the confusing part. I understand you about being under another temporary visa type... The time of submitting, and what she will have after submitting are different. She has J-1 NOW, but in about 3 months, she will have no visa. She will be in Thailand waiting to come back on either a K-1, or CR-1, which ever we decide on the best route. Costs down the road are nothing. I just wanted to see if I could avoid the big one now. I can afford the CR-1, and waiver right now, just not the I-485 also at the same time. Not for another month or 2 anyways. And to top if off, I read somewhere on the USCIS site that they cash the checks first, and mainly the money is for processing. I rather not send $1,000 to them to process something, only to find out it was not needed.

Edited by Serpent Dragon ZX, 15 April 2013 - 03:43 PM.

Serpent Dragon ZXMaleThailand2013-04-15 15:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDoes I-485 Apply...? Complicated...
I have been told various times that CR-1 is less hassle, less time, and less money compared to the K-1 route if we are going to get married anyways. But it's a tad bit complicated... When I look for the procedure of filing the I-130 for the CR-1, it says something about accompanying it with form I-485 for Adjustment Of Status... But in some other instances, I hear from some others that they didn't have to file it. I have a theory why, but wanted to make sure.

Applying for K-1, and adjusting status after, is cheaper and less time away from my fiancee since she can be present in the U.S. while waiting to adjust. The K-1 is cheaper then the CR-1.

CR-1 is more expensive then the K-1, and takes a little longer, and the whole process my fiancee will be stuck in Thailand until approved. Not to mention, according to USCIS, adjusting status is required anyways.

I don't see any benefit.

But there are some variables in this... She is in the U.S. now with me. She has a J-1 that she is in a program right now, but it expires end of June. She is required to return home to finish, but can return any time after. Staying, and adjusting status is not an option. We already went over this with her program contact to avoid fines and fees cause staying would break her intern contract, and she has to return anyways to take care of some things. BUT... We were planning on the K-1. Applying now while in the U.S. to get a head start on the process. So by the time she returns home, some months into the process have already passed. But looking into the CR-1, some people say the eventual I-485 is not needed... I don't get it. I see that if you have NO visa status, back home in your home country, then the I-485 to ADJUST status seems like it's void, and not needed since there is no status to adjust from... Correct? If we apply for CR-1 after we get married, but she returns to Thailand in a few months... Is that I-485 form needed still, or not? She would not have her J-1 status any longer, and be back home anyways in a few months, however, at this time of when she would be filing, she DOES have a J-1 with 2 HRR. But we wanted to get a head start on the CR-1 now if possible. I know this seems complicated, but I'm looking for the simple answer of if we need the AOS form.

If it helps, we are also going to be applying for a waiver. We heard the waiver has a better chance of getting passed if we are married. But "intent" (K-1) is not a good reason. We have spent nearly $5,500 clearing government debts for schooling, and plane tickets. If we can cut the AOS form out, that would be very helpful. Also, can we apply the I-130 now, and then the I-485 if we have to later since I don't have the extra $1,000 for the form I-485 quite yet? I understand this will get a lot of people scratching their heads, but we have required forms, and copies for both routes, including the waiver, and are prepared to do either one. We even have a marriage license, and are willing to get married now, since we planned on a traditional wedding later anyways with her family. We are just confused on which route to take. Thanks in advance for any info you guys can give me on this, since I can't find anything on this particular situation. We don't have the time, patience, or money for a lawyer now... Plus, we can swipe a pen on our own.
Serpent Dragon ZXMaleThailand2013-04-15 14:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOriginal Civil Documents For NVC - IV STAGE

According to NVC, they were telling me NOT to submit any translation of anything.  They need everything in her native language only, or as it was originally issued.  As for the other info I had received, it was all just a few months old.  My wife was telling me that certified copies get a stamp, that is only good for a month or something but takes like 3 days to receive.  I can't remember where she said she gets it, but the place of origin for her birth certificate, will NOT issue her another unless she claims it was lost, or damaged beyond use and even if she was to get another, it takes almost a month.  Kinda like how you can't have 2 copies of your driver's license...  That's how she had it explained to her.  I really don't see why it's so difficult, since here in the US, I can go to town hall vital records, and have 10 certified copies made for no reason.

 

As for what NVC told me, they want originals of everything, along with a copy also.  The original gets mailed back to the address on file for the agent when the case is complete, NOT handed back during the interview.  But again, I get mixed answers.  Very annoying since we really want to nail down what we need to send in a few days.  Getting stuff officially stamped takes a few days, and costs money...  Ugh...


Serpent Dragon ZXMaleThailand2014-06-12 22:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOriginal Civil Documents For NVC - IV STAGE

I just got the e-mail to pay the IV Fees for the last stages of my wife's Visa process...  We have been preparing everything ahead of time, to get this done quickly.  I paid it, and just waiting to have the payment clear so we fill out her Visa application and send in her civil documents.  I had called NVC 2 weeks prior to ask what exactly is needed, since they did away with the whole packet 3 and 4 steps.  The first time, they told me copies, and scans were absolutely fine since the original would be brought to my wife's interview, but this last time, I was told, only originals along with an extra copy will be accepted then she would need an additional copy of each to bring to her interview.  Needless to say, my wife isn't exactly excited about this, since it took a month to get the Police Clearance, and she only has ONE original Birth Certificate which is as old as her and not in the greatest of shape.  Still whole and intact, but slightly faded and fragile.  We absolutely do NOT want to chance sending the original.  She wants to keep safe in her plastic protector, in her possession.  My wife said something about making copies of her police clearance and birth certificate, and getting them stamped at the embassy to prove a real copy...  But when I tried to find answers about this, NVC usually declines them, but then when submitted again for a second time they accept it for some reason.  Mixed answers about this.  But would this be accepted over the original?  After the multiple mistakes and mishaps due to both USCIS and NVC we are extremely hesitant.  Thanks guys!


Serpent Dragon ZXMaleThailand2014-06-11 21:29:00
United KingdomPeople between NOA2 and Interview ~2009~
ok another quick question.. probably already asked by 93 pages is a lot to go through :-)

it says you have to send a photograph... however the passport photos are different to those you get over in the US. Are the style passport photos acceptable for this.. not really sure what i can do otherwise??
seanyb719MaleUnited Kingdom2009-10-23 16:07:00
United KingdomPeople between NOA2 and Interview ~2009~
ok thanks guys.. and good luck with everything!
seanyb719MaleUnited Kingdom2009-10-23 14:39:00
United KingdomPeople between NOA2 and Interview ~2009~
hi all... quick question..

i sent the checklist in yesterday after setting up my medical date.. however I got confused since it says on the form not to send any documents so this is all I sent in. I take it from what I have been reading I should have included all of the DS forms with this??


seanyb719MaleUnited Kingdom2009-10-23 14:25:00
US Embassy and Consulate DiscussionAll passports (current and expired): Are they really necessary?

Pretty sure I didn't give all mine when I had my interview. I had one that got damaged and never presented that one. You should be fine.


seanyb719MaleUnited Kingdom2013-06-06 22:26:00
US Citizenship General DiscussionUS citizen struggling to get passport?!

I found this about the Delayed Birth Certificate
Delayed Birth Certificate

If you were born in the United States and cannot present primary evidence of U.S. citizenship because your U.S. Birth Certificate was not filed within the first year of your birth, you may submit a Delayed U.S. Birth Certificate. A Delayed U.S. Birth Certificate filed more than one year after your birth may be acceptable if:

It lists the documentation used to create it (preferably early public records) and
It is signed by the birth attendant or lists an affidavit signed by the parents


If your Delayed U.S. Birth Certificate does not include these items, it should be submitted together with Early Public Records.

Let him check for the contents.
It always asks for the parents. You only state about the mother. What about the father?

Maybe it is also helpful to bring a birth certificate of the mother showing she is US citizen?

And I would go to a passport agency and have them handle it.
Sib


They have actually been to the passport agency in Seattle 4 times. This is where the issue is coming from. I'll be honest - I don't know the situation with the father. I do know he was terminally ill a few months back.

I think maybe the issues they have is that they can only get the items that was listed in my first post. i.e. they are struggling to prove he was born in the US.

I will forward on your suggestions. Thanks you.
seanyb719MaleUnited Kingdom2011-10-28 10:27:00
US Citizenship General DiscussionUS citizen struggling to get passport?!

I for one would not dare to make a trip across the border until things were sorted out. Not quite sure it would be worth the chance of not being able to come back over. Maybe the girlfriends family should make the trip across for the holidays to your friends place would solve things for the short term anyway as it looks like your friend has a long uphill battle ahead of him.


I will certainly keep you all updated.

Just so this is clear - Both sets of families are 100% American. They are simply planning to go on a holiday (vacation) together and he did not have a passport. Nor I guess did he think he would have an issue with this.

There are certain places in the UK where I can have actually have gotten my passport on the same day!
seanyb719MaleUnited Kingdom2011-10-27 21:04:00
US Citizenship General DiscussionUS citizen struggling to get passport?!

Get secondary evidence and maybe an attorney.


Well from what I am being told they have presented several forms of secondary evidence. I'm thinking they are just going to need to do the latter.

Thanks for all your responses - I'm not sure there is much more that can be resolved on here.
seanyb719MaleUnited Kingdom2011-10-27 20:20:00
US Citizenship General DiscussionUS citizen struggling to get passport?!

Nope. There is no such thing as an entitlement to a passport. It's in the discretion of the Department of State as the federal agency in charge to grant a passport to a U.S. citizen or not. They are the ones who decide which documents they accept and which they do not deem sufficient.

I have a question as well. How did he register for Selective Service? How did he provide proof of lawful presence when applying for a SSN? How did he get a state-issued driver's license? If he lived in the U.S. all of his life, then there should be a paper trail as long as the Rio Grande . . .


I stand corrected :-) But I think you knew where I was going with it. And i'm not sure I understand why a US citizen would not be entitled to travel to different countries - he would always be allowed back into the US since he is a citizen whether they like it or not. I mean - where else would he go?

Well this is exactly what I thought. I'm not sure what registering for the selective service is exactly. They seem to have everything that they are asking for when having a delayed birth certificate. I've posted all that I know in my friends responses above. Sounds to me like they have someone on a real power trip. I have no issue with someone being thorough - but this is ridiculous.
seanyb719MaleUnited Kingdom2011-10-27 19:57:00
US Citizenship General DiscussionUS citizen struggling to get passport?!

Dumb question but didn't he need a passport to file the 129 and do a K-1? How did he prove his citizenship before? Or am I missing something here?


he hasn't filed anything before. he's born and lived here all his life and never been out of the country (possibly mexico when you could travel there without a passport)

now he is going on holiday with his gf and needs a passport and having the above issue.

Sean
seanyb719MaleUnited Kingdom2011-10-27 10:26:00
US Citizenship General DiscussionUS citizen struggling to get passport?!

Get his representative involved. This is what they are there for, among other things, to help with federal agencies.


Sorry - what do you mean by his representative?
seanyb719MaleUnited Kingdom2011-10-27 09:00:00
US Citizenship General DiscussionUS citizen struggling to get passport?!

are they?

boys his parents screwed this one up.. for not following up and doing proper documentation..

i don't know if they will have this cleared up before they leave..

*plan on leaving


yes - he and both parents are very american lol. this is what I don't get. It's not as if he has any ties with any other country!?

I said they should inform customs that basically he is being accused of being an illegal immigrant and that they should investigate and try and deport him - maybe they'll do the hard work for him then and see he is and always has been american :-)
seanyb719MaleUnited Kingdom2011-10-27 08:51:00
US Citizenship General DiscussionUS citizen struggling to get passport?!
Thanks for initial responses. it seems they have looked into very much of what has been mentioned. I had forwarded on your advice and this is the response I had gotten.

"Trust me Sean....we've been to that site many times. He has a delayed birth cert. And they won't accept it. Social sec card. Doc records from 9 months old. Old church phone books, his mothers college transcripts, 3 ds-10 forms...one from his brother,one from mom, and one from old friend of family. He has gone to the dept of vital stats and the earliest record they have for him is when he was 15. Early school records aren't an option....long story...."

This all sounds crazy to me. Surely if his parents are citizens then regardless of whether he was even born here or anywhere else, he is entitled to a passport?

thank you again in advance for your advice.
seanyb719MaleUnited Kingdom2011-10-27 08:31:00
US Citizenship General DiscussionUS citizen struggling to get passport?!
Hey all - I thought I would come on here since everyone was certainly so helpful during my K1 visa process about a year ago. I have a friend who is struggling to get his passport. It's a strange scenario so I am just going to copy and paste what they have said on facebook. He's born and lived in the US all his life and due to go on holiday in Mexico in the next week or so.

If anyone can help or has any suggestions I would really appreciate it. Thank you so much in advance.

"NEED HELP! Mick and I are supposed to leave for Mexico in 10 days! He is going through hell to get his passport. Does anyone have any ideas of what he could use to prove his authenticity as an American??? Here is what they already have, delayed certificate of birth (he was born in his home and never got a birth cert.) 3 affidavits of birth from his mom, brother and family friend, social security card and hospital records from when he was 9 months old. They are saying it still does not prove that he was born in the US. Annnnny ideas, please please please help us out!"

Sean.
seanyb719MaleUnited Kingdom2011-10-26 22:15:00
Removing Conditions on Residency General DiscussionMoving to FL in July

I probably would wait until you have the new address and file then to the correct service center. USCIS is not really the best with keeping track when you move. I would not want them to have my file move around! Too much getting lost.
You can get everything ready to file, when you have your new address, fill it in the forms and off the envelope goes!

It is ROC so it really doesn't matter whether you file 90 day ahead of time or 10 days before your GC experation date. You will get the letter of extension for 1 year and all will go its way.
There is no advantage of filing as early as possible.

Have fun in FL, it is really warm already (we live in the northern part of FL).
Wishing you luck.
Sib


Perfect - Will take your advice! Thank you again so much.
seanyb719MaleUnited Kingdom2012-05-18 14:50:00
Removing Conditions on Residency General DiscussionMoving to FL in July
Hi all,

It's finally time for me to remove my conditions on my green card. It expires 16/Aug/12. I have a dilemma however...

We currently live in Seattle and are moving to Orlando mid June/July. Therefore the office I need to send my documents to will change from CA to VT. I obviously want to send my application in ASAP, but wondering if it is worth waiting until we move. We do not have a house as yet in FL (my wife leaves on 5th June to sort that.) Is it possible to use her parents address in FL for now to save waiting a month or so? Or should I just send in now to CA from my Seattle address and change address when we get it? Would they just transfer to VT sorting office?

Obviously I want to to this correctly and a little unsure if using my parents address would cause any issues? Thank you again for any help. It's always very useful on here.

Sean.
seanyb719MaleUnited Kingdom2012-05-18 13:57:00
ThailandThousands march to US Embassy

All the fighting is near where my Wife is, and makes her worry.  She says she can hear loud bangs, and what sounds like explosions and bombs going off very close to her work.  People fighting on the buses, and in the streets.  She sounds scared, and angry at all the fighting.  She also called me on a separate occasion saying that embassies were closed down, and she was worried that all this might affect her coming back when her CR-1 is processed.  She has always told me how wonderful Thailand was, but I'm starting to want her to get the hell out of there as soon as possible and back to me where it's safe, and not only because I have been away from her since July 1st, but because all the stuff going on there is making me worry every day.


Serpent Dragon ZXMaleThailand2013-12-02 02:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)J-1 To K-1... Waiver, or not? Given Different Answers...
Thank you. This is exactly what I thought. Applying for both at the same time, since they will both take roughly the same time anyways. We figured we start applying now, and then by the time she gets back to Thailand, we only have a few months left to wait. I want to thank everyone for all the helpful answers, and the help. I DEEPLY appreciate it.
Serpent Dragon ZXMaleThailand2013-04-14 08:58:00
Waivers (I-601 and I-212) and Administrative Processes (221g)J-1 To K-1... Waiver, or not? Given Different Answers...
No, she didn't rack up the loan here. It was from her home. You only apply for what you need for schooling is how she explained it to me. When the Embassy told us they would not issue a NOS until she is clear of owing money to ANY government, she paid the money in full. We are waiting for an official statement/proof that it's paid off to send the Embassy before they issue a NOS. I thought I was pretty clear on that. Sorry. The Thai government is so slow... Even the Embassy told us that too. But I think we are going to send out the waiver this Monday anyways... It seems like being honest to a fault is making this harder then it is. They ask if we owe money, we are just going to state, "No" since we in fact, owe no money now. I was just trying for hopeful answers that there was a loophole in this process I think. The K-1 was for when she had to go back home and then return. Her J-1 expires end of June. Also program ends too. The K-1 was to get her back. Seeing how she needed to go back home to arrange things anyways. Just reading so many experiences, and different things, confusion was bound to happen. I am pretty sure the K-1 is the best, quickest, easiest route. We don't care about the measly $1,500 in fees after she comes back on her K-1. We just want to be together. Its the most important aspect of this whole process to us. I do appreciate your reinforcement that I shouldn't listen to her friends. I think I needed that. I believed from the beginning we were doing the correct steps.
Serpent Dragon ZXMaleThailand2013-04-13 15:18:00
Waivers (I-601 and I-212) and Administrative Processes (221g)J-1 To K-1... Waiver, or not? Given Different Answers...
It was just so very confusing, because it seemed we had to jump through all kinds of hoops, and others didn't. We even checked her friend's visa's, and they have the same thing. We thought for sure we were doing things correctly before, but then we got confused, and held off since we were waiting for the proof that the loan was paid off. But we weren't even sure if it needed to be. We just paid it for a precaution... a $5,350 precaution. I told her I would help with the loan pay-off, but she refused to let me help her. She is quickly learning now, she does need help, and she needs to accept that. But like I said, thinking of just doing the waiver, and not saying anything about the loan, since it didn't even seem they would check, and even if they did... It's paid off. It is possible to do the waiver, and K-1 at the same time, right? Since the waiver is like 6 weeks, and the K-1 is about 5-6 months. It shouldn't be a problem, right?
Serpent Dragon ZXMaleThailand2013-04-13 13:55:00
Waivers (I-601 and I-212) and Administrative Processes (221g)J-1 To K-1... Waiver, or not? Given Different Answers...
For starters, let me introduce myself. My name is Scott, and I have a Thai fiancée. We have been together about 6 months now. She is the most caring, hard working, dedicated, smartest, responsible woman I have ever met. She is accepting of all my life baggage I come with even the fact I have 2 children from a previous relationship that ended bad, and does her best to make sure we are happy as a couple. We have been together every day. We do everything together. She is not afraid to show me anything. The amount she opened up to me is insane compared to what I am used to. She is the single most person I have never been afraid to make a major commitment to. We have been living together for months, and I couldn't be happier. We share everything, and take care of each other in every aspect. I have never been happier with another woman. She sacrifices so much for me. She takes every opportunity to show me how much she cares about me. I am completely blown away by her.

She came here about a year ago, to work as an intern. I live near 2 of the biggest casinos in the world, and they constantly have new interns coming in and out. Korea, and Thailand mostly. They usually come in groups. Usually all people that have gone to school together, and know each other as childhood friends depending on how close knit the groups of students/interns are.

About 2 months ago, she explained about her situation with her being a intern. But I don't think she or myself knew the exact severity of it. She explained to me her program told her she had to go back to Thailand, but she was unsure if she could return, but no matter what she wanted to return at some point to arrange things to be taken care of, including finding good permanent homes for her pets (she is extremely caring about animals, she finds it hard to even kill an insect and would rather let it go outside), figure out what she was going to do with her apartment and belongings, visit family, tie up loose ends as to say. She was scared to death she wouldn't be able to come back, or we might not see each other again. She has told me many times before, she had never been so in love and she needed me with her either here, or in Thailand. She didn't want me to be away from her. She didn't care how, but she wanted me with her. Having met through a friend and his Korean wife who had gone through this, I assumed the process of trying to get her to stay until we got things straight wouldn't be that hard. I have known my friend, and his wife for years now. They are good people. His wife is an excellent judge of character and very smart. She has told me many times before, my fiancée is a good choice... She is worth it. And I fully believe her. Her, and my friend said many times, they would help with anything they could since they had gone through the Green Card process with such ease. They did everything themselves.

So Valentines Day... I proposed in a way. I gave her a promise ring. I would do everything in my power to help her. She was ecstatic. She was so happy. She didn't push me into it, she didn't ask me to do this, but I chose on my own. I told her, that I would marry her if it meant she could get to stay, and later on when the process is done in the next year or 2, we would do everything the right way. She wanted to return to Thailand to do a traditional wedding with her family cause it meant a lot to them. She was happy of this route, but worried it wasn't what I truly wanted in my heart, but I have assured her many times, I am more then 150% sure. I have gotten many responses from people saying she just wants a Green Card and it made me sick they would say such things since they don't know the relationship we have, but she never asked for any such thing. She planned on coming back on a student visa to be with me before all this, or getting another J-1 visa since her program said she can get up to two J-1 visas. She wanted to spend more time with me. She wanted to be sure...

I have known her, and her friends that she came here with for many months now, and they are all very good people. They protect their friends to the fullest, and always put themselves in a hard place for others. Some even look at me like a brother. They were happy, and proud of their friend and myself being together.

Now, it was time for the much needed help of my friend and his wife. They told me of every step I needed to do. But their was a road block we immediately hit. We were looking through her forms, and something we missed... I am not sure how we overlooked this issue, since I seen her visa before... "BEARER IS SUBJECT TO SECTION 212(E) TWO YEAR RULE DOES APPLY. THAILAND INT'L CULTURAL EXCHANGE ORGANIZATION INC." We read it again several times. What is this? My friend's wife said she didn't have on her J-1 before, and never seen it before... I got worried, and so did my fiancée. The confusion started.

After much research, we learned of the J-1 waiver process for a No Objection letter. We contacted the Royal Thai Embassy. Got more info. She contacted her program agent. We tried to get as much info as possible. We even went to town hall, and got a marriage license for a "just in case" we needed. One thing she was worried about, was that she had to return, because in her contract it stated that she must return to finish the program. Basically go back and sign off on some things. It also says some things about fines, and fees will be incurred to her father who signed the papers if she does not return to do so. She even spoke to the program agent on the phone to make sure, it was all just because the program was afraid they would look bad if they were sending people, that took advantage of it to change status and stay, and that the company that requested the interns would decide not to do so anymore. They needed her to return, but told her she could come back on her own accord or student visa. She has taken everything in her contract to a literal sense so far, making sure she abided by everything just in case. It was confusing to both of us since her family had funded her to come anyways (she had to show a bank statement to get into program), but she needed to return anyways. But if she left before she had a new visa, or Green Card, she would not be able to return. It was getting worse, and worse, and more confusing by the day.

We started the jumping through hoops process. Getting documents together, photocopying, faxing, etc... One thing the Thai Embassy said, they had no problem helping us, but wanted the reason why. When they asked about marriage, they said they would help. It seemed like the No Objection Statement would be easy... They also asked if she owed any money to anyone, like the government. And if so, they need proof it was paid back or not have had to pay back. We would have to include it in the package of forms that they required to give the statement in our favor. She had remembered a school loan she had taken for culinary school. We weren't sure if it was why she had the 2 year rule or not but it was money owed to the government we thought. It was a road block, but she was determined. She cleaned her bank account out to pay it off just in case. Now she is debt free to everyone. However getting the document proof showing that she paid it off is taking weeks, and we are starting to get worried since her J-1 visa is up at the end of June. We are just waiting now. But seriously thinking of just sending the waiver request anyways, stating that she owes no money and not saying anything about borrowing money and paying it back. At the same time, we were thinking of applying for a K-1 also. Keeping the marriage license as proof of intent to marry for both the waiver, and K visa. That way by the time she goes back, half the process is complete, and she would only have maybe 3 months to wait before getting the visa to return, if the waiver was approved. We are trying to think of everything possible to get around this hurdle as we are losing patience, and about to just apply for the visa, and waiver anyways.

At the same time of all this, she also knows of 3 friends that are trying to attempt the same thing, or that have done so. And we are both confused even more so about the answers given to us since she has wasted so much money, and time trying to do it the right way. Remember, everyone has 2 year HRR. Says the same thing, from the same program.

Friend 1: They are in the same boat. They decided to do the K-1 also. They applied now, and wanted to wait the remaining processing time when she goes back home. But they had a lawyer do it for them. The lawyer stated they did NOT need a waiver. But she DOES have 2 year HRR in her visa. She has told us to do the visa now, because hers got accepted in like a week... I tried to explain to her the waiver, but she repeatedly told me that their lawyer said they didn't need it. But the USCIS accepting the visa and passing the visa are 2 different things. Is there a loophole I am missing here...? Thai Embassy also told her she didn't need... But it SAYS 2 year HRR on her visa.

Friend 2: My fiancée had a friend over one day, brought her child. I didn't think much of it... Then it hit me... She was speaking Thai to my fiancée. She must have came at a different time also. But she is here now... Maybe she has info. So we asked. She had no clue about the waiver. Said her, and her husband paid a lawyer $5k to do Green Card process. They never did waiver. Something about her lawyer told her to tell her program that she went back already, but stay... Huh...? We both looked at each other and didn't understand what is going on.

Friend 3: She has left concluding her J-1 and program. But returned several months later on another visa besides a student visa. No waiver needed, or done.

Everyone we speak to is telling us we don't need a waiver. But we read otherwise. What is going on...? My fiancée tells me she will do whatever I think is the right way and she trusts me fully, even after all the time and money she and myself wasted.

The predicament we face...

We get married, she has good reason to get waiver and no NOS, but needs to go home anyways. Without green card, she can't return though.

We don't get married, waiver not guaranteed , but we can get K-1 visa for her to return, and then do AOS later IF waiver passed.

We are so confused, and time is running out... We need help, but can't afford a lawyer now. Is there a loophole we are missing? Is there something we are missing...?
Serpent Dragon ZXMaleThailand2013-04-13 12:35:00
Waivers (I-601 and I-212) and Administrative Processes (221g)No Objection J-1 Waiver... VERY Confused! PLEASE HELP!!!

Here's some more info.  Looks like USCIS does get involved, but after the I-130 is approved  You should really PM that member I posted earlier.

 

http://www.visajourn...plete-timeline/

 

Nope.  Turns out I was right, and the USCIS lady WAS a complete moron.  How the USCIS words that web page about needing to fill out the I-612 form, I was right.  They just are horrible at organization.  Read the page VERY carefully, and it states, 5 types of ways you need a J-1 Waiver.  But only says PEOPLE THAT NEED TO FILE FORM I-612 is for the persecution, and hardship, then goes on to list the other 3 types, and having to go through the Department Of State.  They just happen to list the other details about the I-612 filing under it all.  But it strictly states, each waiver type has it's own procedure...  I had it all confirmed today.  It's pretty bad when the Department Of State even tells me on the phone...

 

"Yeah...  the lady you spoke to COULD have checked the case for you, and just simply told you if the process had been correct, which it was, but...  What she did and said was completely out of place and a very stupid response.  Most of the USCIS workers are quite disgruntled over nothing like the DMV...  We don't even like to talk to them sometimes, but have to. (Laughs)"

 

It was confirmed that she was blurting out what she thought without checking.  And giving out WRONG information was the wrong thing to do on her part since it was a national customer service line dedicated to servicing people that had paid their fees and filed their papers.  This is right from Department Of State.

 

And to further confirm this, my wife's friend JUST had an interview on the 20th for her K-1 Visa.  We had helped her do the same exact thing with her waiver.  She filed a week after us, and in the same situation.  This is another reason why I was so scared, and angry.  She had her interview, they asked for her waiver, and she simply showed them just one of the Recommendations.  They went, and checked, and she was clear.  She gets her visa in 2 weeks.  Apparently, they just ask to see proof that she had done the waiver, and they investigate it there on the spot.  Since she asked for the No Objection waiver for no real reason other then wanting to go back to her fiancee, and received it...  My wife, and I have BOTH recommendations from both the Thai Government - Embassy and Department Of State, then I guess we shouldn't worry like we were told a month ago, that we had a 99% chance of getting it since we were clear and had good reason to receive.

 

And yes, Miimo-Melon, or Moril confirmed the same thing.  Department Of State, not the USCIS.  She had to do the same thing.  She has helped me immensely, and always answers me quickly on what to do or chat LINE messenger.  I remember Karee, you introduced me to her online before.  Thank you.

 

You have NO IDEA how much of a relief this is to my wife and myself.


Serpent Dragon ZXMaleThailand2013-12-20 20:57:00
Waivers (I-601 and I-212) and Administrative Processes (221g)No Objection J-1 Waiver... VERY Confused! PLEASE HELP!!!

Clear...


Edited by Serpent Dragon ZX, 20 December 2013 - 08:58 PM.

Serpent Dragon ZXMaleThailand2013-12-20 20:52:00
Waivers (I-601 and I-212) and Administrative Processes (221g)No Objection J-1 Waiver... VERY Confused! PLEASE HELP!!!

It also contradicts everything the USCIS says when you click on the link to the Department Of State.  If you read the forms...  It LABELS the types of reasons why you might be subject to the rule, but only indicates you actually need to file based on;

 

1. Exceptional hardship to the exchange visitor?s U.S. citizen or lawful permanent resident spouse or child; or

2. The exchange visitor?s belief that returning to the country of his or her nationality or last residence would subject him or her to persecution on account of race, religion, or political opinion.

 

Even in the instructions to fill out the I-612, it says the only people that file I-612 are those of hardships, and persecution...  Of course it goes on to also list the other reasons why you need a waiver, but doesn't state it is required to do so using form I-612 unless it's those 2 reasons.  It simply set up wrong.  They are stating if your looking to apply for a waiver based on the other 3 reasons, you handle it through the department of state.  They just happen to organize the website oddly by stating the fee, and filing stuff underneath it.  They should have grouped it with the other info, and then the other 3 waiver basis separate.


Edited by Serpent Dragon ZX, 19 December 2013 - 05:42 PM.

Serpent Dragon ZXMaleThailand2013-12-19 17:40:00
Waivers (I-601 and I-212) and Administrative Processes (221g)No Objection J-1 Waiver... VERY Confused! PLEASE HELP!!!

Just a heads up also...  After having 2 friends and loved ones doing similar things, and showing them that they also needed a waiver, they decided that the lawyer that told them they didn't need a waiver was right, and maybe I didn't know what I was doing...  Even when I showed them.  Turned out, they went to their interviews, wanted to kill their lawyers cause they were wrong and had to start the waiver process, so don't always trust EVERYTHING a lawyer tells you.  If your Visa says subject to 212 Home Residency Requirement, YOU NEED A WAIVER NO MATTER WHAT.


Serpent Dragon ZXMaleThailand2013-12-19 17:33:00
Waivers (I-601 and I-212) and Administrative Processes (221g)No Objection J-1 Waiver... VERY Confused! PLEASE HELP!!!

I'm just going to let it go.  I just got a transfer notice in the mail for her I-130 today, and they even spelled her name wrong...  Ugh...  Really?  I'm so sick of calling them based on THEIR mistakes.


Serpent Dragon ZXMaleThailand2013-12-19 17:24:00
Waivers (I-601 and I-212) and Administrative Processes (221g)No Objection J-1 Waiver... VERY Confused! PLEASE HELP!!!

They can, but it's COMPLETELY separate from the waiver process.  Both have nothing to do with each other.


Serpent Dragon ZXMaleThailand2013-12-19 16:13:00
Waivers (I-601 and I-212) and Administrative Processes (221g)No Objection J-1 Waiver... VERY Confused! PLEASE HELP!!!

Not that I know of.  As far as I knew, you send the 2 packates out at the beginning, and that's all you handle.  USCIS is stating I am supposed to submit I-612...  But even in the part where it says "WHO NEEDS TO FILE" or whatever, it's only for persecution, and hardship people.  Each waiver type has a different route.  No Objection goes through the Embassy.  Your not even allowed to send the No Objection from the Embassy in yourself.  Your not even allowed to handle any of the legal documents yourself.  You can get copies of what is being transferred and the recommendations, but that's all.

 

Plainly, I think I can going to call this lady stupid, and disregard her answer, cause she didn't even look, and started blurting stuff out without even a mere second to think.  I have been searching all day on stuff, on top of posting here, and coming up with I am right, and lady on the phone...  Was a moron.


Edited by Serpent Dragon ZX, 19 December 2013 - 04:12 PM.

Serpent Dragon ZXMaleThailand2013-12-19 16:10:00
Waivers (I-601 and I-212) and Administrative Processes (221g)No Objection J-1 Waiver... VERY Confused! PLEASE HELP!!!

Far as I know...  To start the process, you do the online form.  Print it out.  Then there are 2 packets you make.  One goes to your home country's Embassy in Washington DC, and the other goes to the Department Of State.  They both have a processing fee associated with both.  The Embassy only wants $15.  The Department Of State wants $215.  Department Of State mainly does this because it's not a security issue, but mainly a financial one that has to do with programs, and internships, and what not...  Based on State.  She worked in an internship program with a Casino.  Cultural exchange, and the Casino funded her by paying her so to speak.  They pay a fee to her internship program to be able to give them the opportunity to work here, and they benefit also with experienced workers...  Culinary.  You pat my back, I pat your back kind of thing I guess or something.  Has to do with the skills list, and her country applies the 212 rule on everyone.

 

Embassy gets the packet, and the barcode to scan into the computer from you.  Department Of State receives something similar in their packet.  This is to get the ball rolling or so to speak.  This initiates the Waiver Process on both their ends, and it is telling the Department Of State that your applying for the waiver based on No Objection, and to wait to receive from the Embassy.

 

Embassy reviews the papers, and reason for wanting the waiver.  You must show proof you owe your home country nothing.  Including school loans.  You must satisfy the requirements for them to consider attempting to get the No Objection from your home country's government.  For us, it was because we paid back all funds owed, and we married.  We also showed proof.  And stated that my wife funded herself (Apartment, food, living expenses, etc...).  She was on a working J-1 Visa.  The Embassy agreed everything was good.  The home country Embassy sends the request to the home country government.  To check background, and make sure she is clear of any debts, and problems.  It comes back clean, and then they state that they release you because you have no liabilities to your country.  They send that 'No Objection Statement' stating they don't object to my wife staying/returning to America.  They send this BACK to the Embassy.  They write a FAVORABLE RECOMMENDATION letter, and send it to us, and the Department Of State.  Embassy's part in this is done.

 

Department Of State receives the documents and papers.  They check it over, and make sure it's good, and everything is satisfied.  If it is, then they too, give a FAVORABLE RECOMMENDATION.

 

With the consolidated papers, documents, and information, all this information is sent to USCIS to make the final 'Yes' or 'No'.  Department Of State's part in this is now finished as well.

 

USCIS makes their decision, and sends the letter to YOU.  Done.  THAT is supposed to be the process, or so I thought.  It was explained many times to me, and this is exactly how I was reading everywhere I looked...  The lady on the phone...  I tried to explain it was No Objection, but the form she was talking about had to do with Hardships, and Persecution...  I don't know...


Serpent Dragon ZXMaleThailand2013-12-19 15:47:00
Waivers (I-601 and I-212) and Administrative Processes (221g)No Objection J-1 Waiver... VERY Confused! PLEASE HELP!!!

Not to be rude.  I understand the privacy laws.  And I wasn't asking her case specifically, even when they asked about the case.  And the Customer Service line...  Your wrong.  Yes, they do indeed have to give general information if asked correctly.  There are many options when you call for just that.  But what my complaint is, if they DO give you information, it's almost always a half thought answer, and through my experience, wrong.  They blurt out answers with no details, like this lady did.  She has some ground on what she said, I agree with her, but when I asked her the simple process which shouldn't have taken more then 1 minute to explain after waiting 2 hours to talk to her, it was a little ridiculous.  I can call up, and be the most angry ####### in the world, and get someone nice as pie to me...  I call, be nice as can be, and they turn around and be the biggest a-holes this side of the universe.  Every single person I have spoken to at USCIS has had a very strong accent.  To think that maybe some of these people may have had to do the same thing as us, and treating people like complete jerks, is beyond me...  My friend has a wife who is Korean and feels the exact same way, even after 4 years now.  He hates USCIS with a passion, more so then me.

 

My problem now stands like this...

 

Embassy, and Thailand government say my part in this matter has been executed flawlessly.  Department Of State who I just spoke to says the same.  No other things need to be processed, or done.  I did everything correctly, no lawyer required for such a simple process...  USCIS will send their decision, and no other fees or paperwork needed.  Now USCIS, saying they need more paperwork, and money.  Call the Department Of State back...  They claim who I spoke to doesn't have a clue what they are talking about, and they ARE supposed to give me the information on processes if I need it explained.  Only certain waivers need to be filed directly with USCIS.  But everyone can tell me I am doing it right.  There is conflicting information on this even on the main website for USCIS.  It doesn't matter how excellent the rest of the body works, when the brain doesn't work or is being stubborn (USCIS).  It's like reading a text book claiming 2 + 2= 4, and the teacher is trying to convince you it's really 6.  Stupid.


Serpent Dragon ZXMaleThailand2013-12-19 14:35:00
Waivers (I-601 and I-212) and Administrative Processes (221g)No Objection J-1 Waiver... VERY Confused! PLEASE HELP!!!

I just want to know if we need to do the extra paper.  It just seems like if you called USCIS every day of the week to ask them what color grass is, they would give you a different color every day.  They are very non-informative for almost EVERYTHING I have asked them about anything.  Even when I ask them for answers to questions I already know the answer, they throw out guesses, rather then looking.  It's very frustrating.  And calling them, all numbers that you can call about the waiver process, are no longer in service.  Can only call USCIS, and they can't even get the damn case number right.  It's very frustrating.  According to what I am reading, you only file I-612 yourself if its a waiver based on hardship, or persecution, and then you file directly to the USCIS, and pay a $585 fee...  But this lady actually fought with me, rather then giving me the correct information. Even when asking general information on the correct steps, not my wife's case, she just refused to even help.  It was absolutely ridiculous.  But it also got me wondering.  And my wife, would get very confused, and lost in the process.  I already know they would give her a hard time.  I have to relay all the information to her in Thailand, and tell her how to navigate through all the bull to talk to someone just to ask a mere question...  I try to make everything as stress free as possible for her.  But this time, I can't.  Hoping I can just e-mail them.


Edited by Serpent Dragon ZX, 19 December 2013 - 02:00 PM.

Serpent Dragon ZXMaleThailand2013-12-19 13:56:00
Waivers (I-601 and I-212) and Administrative Processes (221g)No Objection J-1 Waiver... VERY Confused! PLEASE HELP!!!

Ok...  This is VERY VERY VERY confusing and making my wife and myself extremely angry right now.  We had applied for a No Objection waiver back in early June 2013.  Sent all papers to the Royal Thai Embassy, and the other forms that were needed to the Department Of State.  All fees paid, and documents accepted.  Took a little longer then expected, but turned out very well.  Embassy approved and gave their No Objection Letter to Department Of State.  They sent us a paper stating we had their FAVORABLE RECOMMENDATION. Then Department Of State, a couple weeks later, also agreed, and gave FAVORABLE RECOMMENDATION.  That was the 2 things we needed most.

 

From the very beginning, I had read forms over and over several times to be sure I was doing everything correctly.  Digging and researching before every step, no matter how small to assure that I was doing all the stuff for me and my wife the right way.  From my understanding, the J-1 Waiver based on No Objection was a 3 step process.  Embassy says YES.  Department Of State says YES.  Then they send their answers to the USCIS, and they determine the final YES or NO.  Well, the average processing time for USCIS to come to a decision based on No Objection afetr receiving Favorable Recommendations is roughly 6-8 weeks.  The Favorable Recommendations were sent out in late September to USCIS.  Now it's getting to the 12 week mark...  I decide to try to call any numbers I can, but most of them are not in service, or no longer active...  Go figure.  Very frustrated, get ahold of Department Of State, telling me to call Immigration or USCIS because they have the answer since they are the ones issuing the final say in this.  I call them.  For 2 hours, finally get through to someone for what seemed like the most disturbing conversation with a Tier 2 Immigration Officer...

 

Me - Aside from my pending I-130, I have another question regarding another issue...

 

IO - Oh of course, yes, how else can I help you?

 

Me - My wife has a pending J-1 Waiver applicat-...

 

IO - No.  I'm not helping you.

 

Me - Excuse me?  I have access to her case and she is my-...

 

IO - I can't talk to you...  About this or anything about this.  I can only speak to her.

 

Me - Please...  With all due respect, I check her cases daily for her since she is in Thailand right now, and I know the processes a lot better then her...  So it's easier for me to do things.  That, and she is in Thailand and not as easy for her to call.

 

IO - I can't allow you to have access to her case.  SHE is the applicant.

 

Me - I am the one that filled out her applications for her and with her.  ALL of them.  I have all case numbers.  I even have her case pulled up right now in front of me on the waiver website. (then I start to name off dates of when stuff was sent, and received)

 

IO - Hold on, what is the case...

 

Me - (i tell her)

 

IO - That's not a case number.  It must start with 3 letters..

 

Me - It's a waiver case, not I-130 or other petition.  And the processing time says its supposed to be between 6-8 wee-...

 

IO - No.  It's 4 months.  And if you filed your I-612 then you shouldn't worry.

 

Me - What?  What I-612?  This is for No Objection.  I was never to-...

 

IO - Not my problem sir.  You don't know what a I-612 is...  (She chuckles)  And nobody is supposed to tell you to file it.  It's not our job to tell you to file that form, and nobody is supposed to tell you.

 

Me - I was told I was done...  I never read anything about no I-612...  This is for No Objection and both Favorable Recommen-...

 

IO - NOBODY IS SUPPOSED TO TELL YOU ABOUT FILING THE I-612!!!

 

Me - I'm sorry...  I thought I knew the process good...  Maybe something I missed...  But to my understanding, I don't file to the Embassy, Department Of State, AND USCIS...  Can you by any chance explain to me what I should ha-...

 

IO - No.  That's not my job.  I'm not going to explain anything to you, besides that you should have done your I-612.  Your Recommendations are sitting in California right now and the USCIS doesn't know what to do to process for your waiver because you never submitted the proper I-612.

 

Me - I'm in Connecticut...  Are you sure you have my wife's case pulled up...?  I mean, something just doesn't se-...

 

IO - I'M NOT TELLING YOU HOW TO DO THIS SIR. DO IT YOURSELF.  YOU NEED TO FILE I-612 WITH USCIS PAY YOUR $585.  ALSO BECAUSE WE DON'T WORK FOR FREE.  WE NEED TO GET PAID TOO.

 

Me - Um...  I am very confused...  This is no persecution, or hardship waiver...  It's a normal J-1 Waiver with No Objection Basis...

 

IO - I'm done telling you.  I'M DONE. NOT MY PROBLEM IF YOU DON'T WANT TO LISTEN TO ME.

 

Now...  I politely apologized to this nice, oh so nice Russian accented woman about explaining to me the wrong doings of my life...  And am left with quite the confused thoughts.  Am I missing something?  According to everything I read, I am right, and this lady doesn't have a clue what she is talking about.  Do I fill out the new form, risk messing up my wife's waiver, and lose like $600 for no reason?  And why is processing taking so long?  It's been 3 months nearly.  And why is there NOBODY that ever knows anything about the waivers?  I Can literally find nobody from USCIS or any other department or office that to talk to.  My wife needs her waiver for her interview this spring time!

 

PLEASE, ANYONE HELP!!!

 

Attached File  Waiver.jpg   194.21KB   1 downloads


Serpent Dragon ZXMaleThailand2013-12-19 13:14:00
US Embassy and Consulate DiscussionWorried But Confident... Interview Materials!

I think we have like 120 pictures or so of us spanning from December 2012 to when I just visited there in June 2014.  The whole time she has been in Thailand, I only got to visit 1 time due to my work...  But we have lots of pics together, and some with HER family.


Serpent Dragon ZXMaleThailand2014-09-09 00:10:00