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arrowE3 Immigrant Visa with 212(g) need proof of previous employment
May 24, 2016, 3:41 pm Last comment by jan22
yasinpuertas

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Hi all,

So here's the deal. My petitioner applied for a Labor Certification in order to have me, a PR and Marketing expert, working for their company in Texas. The Labor was granted just by sending a signed letter from a previous employer stating that I had worked for them doing the very same thing between the years 2000 and 2005, prior to the submission of the petition for the Labor Cert.

After EIGHT long years (yes, I said 8!) I was finally in front of the CO at the Embassy in Madrid. He was kind, polite and nice but at the end we (my whole family of three kids and wife) were given the 212(g) slip for "further processing". No more info at that point.

After one week we received a letter at home saying that I should send an updated resume since 1999 till today, a "Vida Laboral" (is an official document were you have all the registry of work if paid the Social Security for it) and proof of employment (pay stubs if available) for that particular company that signed the very document I sent years ago to the USCIS to get the Labor.

Well, I sent all the documents required, but no pay stubs or official registration for that particular job exists since I WAS UNDERPAID in cash. The company is a Non Profit political organization (politics party in Spain) and do not pay a "salary" but a "stipend" for those working as "volunteers" 40 hours a week doing certain jobs as taking care of the media and PR. We sent another letter signed by the maximum responsible person in the party, stating that I actually worked as Chief of Press for the party between the years 2000 and 2005, a list of duties performed, hours worked and money paid, specifically received in cash.

My question is, isn't this a little bit weird that the CO wants to investigate about a requirement already met with the people that is supposed to grant the Labor Certification? Isn't it sufficient to demonstrate that I actually already have the Labor Cert without entering in the details on how was it granted? Because I'm not sure if he is concerned about something that is not "his concern" (there is another entire agency that takes care of the Labor Certification and they already did their job years ago).

Soooo, thoughts?

Thanks


 
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arrowHello from Spain
May 23, 2016, 8:17 am Last comment by KASH2011
yasinpuertas

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Hi everyone,

I just wanted to say hello and thank you for the initiative. I myself applied for an E3 immigrant visa and was placed under AP after interview, so you can guess how stressful is been for my family this situation. Hope I can help with my experience.

Cheers


 
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arrowVarious doubts
May 7, 2016, 6:16 pm Last comment by bokins
bokins

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Hi all,

 

I will be sending the complete package (I-130 + I485) to adjust status, from my current F-1 status (expires in 2020), and I have some questions that I'd appreciate to be answered.

 

First of all, I tried to find the answers and read a lot of different things, and since it seems my AOS is not the same as people who get CR1 visas or other types, I don't know if the information they say applies to NVC applies to me too.

Anyway, long story short, just writing out all my info and if you think anything is wrong, a comment will be appreciated :D

 

First of all, If I file concurrently, my petition is handled directly by a field office? I mean, when I go to this webpage (https://egov.uscis.gov/cris/processTimesDisplayInit.do) when they say the processing times, when I check the field offices, I only see the processing of the I-485 times, do these include the concurrent filings? Is the I-130 also processed there?

This is basically because I am trying to decide if to file the petition in the Washington DC office or in the Norfolk VA office, since, even though I live In DC, I saw on the visa journey timeline averages that the average for DC was 250 days whereas the average for Norfolk was 75 days.

However, when I check at the USCIS webpage I see the current processing dates of the Norfolk field office as of Feb29 were Jul11 2015, but how can this be possible if somebody here submitted a timeline of 75 days in the last 3 months?

 

Another thing is the I-864. My wife does not meet the requirements, so my step-father, who is USC, is also sponsoring me. On the first part of the document, my wife is checking the box A, as the petitioner, and my step-father is checking the box D as "Only joint sponsor", is that correct?

And for the Tax return, we are sending my wife's and my step-father's 2014 return, since they have filed for an extension, and our plan is to file together as soon as I get a SSN, and we stated that in the letter explaining why she is not submitting the 2015 tax return.

 

Also, my wife is 9 years older than I am, I am 26, almost 27 years old, have anyone had any problems with that? We have pics of a trip to Spain, with my family, the wedding, joint bank account and statements showing the purchase of groceries, restaurants, the health insurance payments..., joint health insurance, and we are living in a house, where we don't have a contract because it's property of my wife's best friend, but she is signing an affidavit of bonafide marriage saying that the house is hers and we live there. We have also the fact that my visa doesn't expire until 2020 (I came in 2014), so they won't see a filing in a rush. I hope that is enough evidence, but do you think we should include any other thing?

 

I also was initially charged with a misdemeanor for reckless driving for driving at 80mph in a 55 zone (don't speed in VA people!) but at the trial the charge got amended to a simple traffic infraction, so I don't have any criminal record, but since the I-485 says to submit the info even though the charges were dropped I am sending this info with a letter explaining that. Do you have any experience dealing with this?

 

Finally, as a final thing that I can think of now, do I need a cover letter and a form G-1145 for the whole package, another one for the I-130 package and another one for the I-485 package or Just one is enough?

 

Thank you so much for your help!, and please, excuse me if my grammar is not perfect.



 
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arrowDenied F1 to CR-1
May 7, 2016, 4:20 pm Last comment by Younes-Maria
Younes-Maria



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Hi everybody !!!

I am posting this for a friend of mine , it is a particular situation,i did not find enough information in the forum about it, may be someone can shed some light on this.
My friend is 23 years old from Morocco , he applied for student visa (F1) 2 weeks ago and got denied under (214) (b) if iam not mistaken, he works in a hotel as a waiter and recently he met a USC woman where he works and fell in love with each other and they are already planing getting married and apply for CR-1 after a possible second or third visit, she is 20 years older than him , his quistiones are :
1- would F1 denial affect CR-1 knowing the time difference between the two events?
2- will the age gap be a problem?
3- i forgot to mention he has a sister in the US , would that be a negative point for him?
4- what other red flags may get raised applying for CR-1 after F1 denail?
Thank you.


 
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arrowBirth City Discrepancy Birth Certificate And Marriage Certificate
May 1, 2016, 2:35 am Last comment by NLR
uab1969

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We are about to send in our I-130 Petition, we have just gotten married and noticed the birth city listed on the marriage certificate is different than on her birth certificate.

 

We live in Spain, she is a legal resident here - I am an American citizen. The city of her birth is Alexeyevka, Russia, but the marriage certificate lists Saratov, Russia. Even though we listed correctly the actual birth city in all the pre-marriage documents, the local government courthouse used Saratov, probably because that is what is listed on her resident card...they probably just used that and didn't even look at our submitted documents. We thought about trying to get a new marriage certificate, but it has already taken us 10 months just to get our approval for marriage which took place on April 29, 2016.

 

In Spain it takes SO long to get anything done, we are worried if we now go back to the courthouse to try to implement a change of that date, it will either be impossible or take forever.

 

So...my question, if we leave everything as is and submit our I-130 with the incorrect birth city (her G-325A has her original address where born listed as Alexeyevka)) on the marriage certificate and insert a cover letter saying we know the two cities are different, but offer the reason behind this, with the fact that the Spanish government has told us that it is of no concern as far as they are concerned, does not need changing and is legal as is...would this satisfy the USICS and the NVC/Embassy?



 
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