Jump to content
Sign in to follow this  
We Keep Receipts

A hard decision (revisited)

13 posts in this topic

Recommended Posts

Salutations all,

I am new to this forum so I will try to share as much information as possible to get the best answers:

I am a Untied States Sailor stationed in Scott AFB Illinois. I just wed my wife on June 4, 2011. She is from Malaysia, so I am in the process of filing the I-130 petition for her to come here to live with me. I have read the stories on here so I can't really complain about the month I have been waiting for the approval.

Here is my question, we were looking at doing a tourist Visa so she could come here for a short time then go back for her medical process and interview. She was denied a tourist visa 2 months ago by not having strong enough ties to the US to go on vacation(go figure, I thought it would be the other way around). Any help would be greatly appreciated.

V/R

YN2


“Hate is too great a burden to bear. It injures the hater more than it injures the hated.” – Coretta Scott King

"Oppressive language does more than represent violence; it is violence; does more than represent the limits of knowledge; it limits knowledge." -Toni Morrison

He who passively accepts evil is as much involved in it as he who helps to perpetrate it.

Martin Luther King, Jr.

President-Obama-jpg.jpg

Share this post


Link to post
Share on other sites

I don't think I'm following what the question is - are you asking if she'll be denied again? Possibly, but - you never really know unless you try.

I'm not sure why this thread is in the K1 forum, so I'll move it to the forum about tourist visas.


SA4userbar.jpg

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

Try, you only have the fee at risk.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Canada
Timeline

Salutations all,

I am new to this forum so I will try to share as much information as possible to get the best answers:

I am a Untied States Sailor stationed in Scott AFB Illinois. I just wed my wife on June 4, 2011. She is from Malaysia, so I am in the process of filing the I-130 petition for her to come here to live with me. I have read the stories on here so I can't really complain about the month I have been waiting for the approval.

Here is my question, we were looking at doing a tourist Visa so she could come here for a short time then go back for her medical process and interview. She was denied a tourist visa 2 months ago by not having strong enough ties to the US to go on vacation(go figure, I thought it would be the other way around). Any help would be greatly appreciated.

V/R

YN2

If you are in the military did you request an expidite? Regarding your question, you are saying she is currently in Malaysia and wants to come to Illinois to visit you. You then say she was denied a tourist visa by not having strong enough ties to the US...? That doesn't make sense, you mean she doesn't have strong enough ties to Malaysia to come to the US on a tourist visa?

Edited by Jacque and Gerry

T7vMm5.png

05/09 - Met playing games online

08/21/09 - Relationship changed to more than friends

10/28/09 - 11/05/09 - Flew to Canada, met in person

12/16/10 - My baby flew into US to visit

01/26/10 - He proposed!!!! <3

03/16/11 - I-129F Packet Sent to Texas lockbox via USPS (2-day)

03/18/11 - confirmed delivery to lockbox via usps

03/22/11 - NOA1 issued

03/24/11 - Received email re: application was received and forwarded to VSC and NOA1 mailed out

03/24/11 - Check cashed

03/28/11 - Received NOA1 hardcopy by mail

03/29/11 - "Touched"

05/05/11 - Baby flew home :(

08/10/11 - NOA2 (07/21/11 - 08/03/11 - possible NOA2 estimated dates)

08/13/11 - NOA2 hardcopy received via mail

08/24/11 - Received email response w/ NVC case #

08/29/11 - Called NVC - advised our case is under additional processing :S

NVC Received : 2011-08-24

NVC Left : 2011-09-02

Consulate Received : 2011-09-08

Packet 3 Received : 2011-09-13

Packet 3 Sent : 2011-09-14

Packet 4 Received : 2011-09-19

Interview Date : 2011-11-03

APPROVED!!!!!!

POE: 12-7-2011

GETTING MARRIED 02-06-2012

Share this post


Link to post
Share on other sites

Hello all,

I feel bad because I posted this on the visa topic page, I wasn't aware there was a page dedicated to Malaysians. So here goes:

I'm a United States Sailor just recently coming back from being stationed in Japan for 3 years, I am now based in Scott AFB, IL. Last year I met the woman that would become my wife, she is Malaysian. We were wed on the 4th of June, and I had to fly back on the 11th due to her not having a visa. In my ignorance, I thought an ID card and command sponsorship letter would be enough to get her to the states, but to no avail. I have filed an I-130 and received my NOA on the 24th of June. They have also agreed to expedite the process. I have 2 questions:

1. How much time would be cut of by the expedite request, and would it be beneficial to file a K3 spouse visa?

2. We were thinking about doing a tourist visa to get her here just for a short time and send her back for her interview, she was denied before due to no strong ties in the US. Would that be of help?

Any advice would be greatly appreciated.


“Hate is too great a burden to bear. It injures the hater more than it injures the hated.” – Coretta Scott King

"Oppressive language does more than represent violence; it is violence; does more than represent the limits of knowledge; it limits knowledge." -Toni Morrison

He who passively accepts evil is as much involved in it as he who helps to perpetrate it.

Martin Luther King, Jr.

President-Obama-jpg.jpg

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

the process at uscis they say takes 5 months.mostly they do it in 3-4 months.an expidite should have you an noa2 in 1 months timeor 2 months the most!some persons have it in 2 weeks after an expedite approval so goodluck.

she wont get a tourist visa becos they cant consider 2 different visa at the same time m- they are already considering a spouse visa so a tourist visa more than likely wont be considered and based on the fact that her husband is in the us that automatically makes them think she has less ties in her country...worth a try if u wanna but i doubt it much...

Share this post


Link to post
Share on other sites
Filed: Country: China
Timeline

K3 visa won't really help and in general it is administratively dead. The CR-1 which is what you will be going for is the best bet as when she arrives she can get a green card and be in conditional LPR status right away. Bringing her over on a tourist visa is going to be a no-go since she doesn't have strong ties and with the I-130 no filed the consulate will look at it as trying to circumvent the system to get her here and then adjust status. If she was denied once for this, now that you are married it will be even harder so better not to waste the time and money. Sounds like your best bet is to stick with the I-130 and run through the process. Normally it is about 8 to 10 months, but with the expidite it should shave a few months of USCIS. Don't know how it will affect the NVC and consulate steps though.

If you haven't already, start compiling all your evidence now. Hopefully you already did this and it was included with the I-130 package.


Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

Share this post


Link to post
Share on other sites

K3 visa won't really help and in general it is administratively dead. The CR-1 which is what you will be going for is the best bet as when she arrives she can get a green card and be in conditional LPR status right away. Bringing her over on a tourist visa is going to be a no-go since she doesn't have strong ties and with the I-130 no filed the consulate will look at it as trying to circumvent the system to get her here and then adjust status. If she was denied once for this, now that you are married it will be even harder so better not to waste the time and money. Sounds like your best bet is to stick with the I-130 and run through the process. Normally it is about 8 to 10 months, but with the expidite it should shave a few months of USCIS. Don't know how it will affect the NVC and consulate steps though.

If you haven't already, start compiling all your evidence now. Hopefully you already did this and it was included with the I-130 package.

Thanks for the quick replies, this has been exhausting since the day we started. I feel like a heel since most folks go so long without their spouse and here I am bitching abou the month I have been apart from her. If the expedite process takes a month or two, I guess I can just keep waiting. I turned in all of the evidence when the RFE came in one day after I received it. Hopefully things will go smoothly God willing...


“Hate is too great a burden to bear. It injures the hater more than it injures the hated.” – Coretta Scott King

"Oppressive language does more than represent violence; it is violence; does more than represent the limits of knowledge; it limits knowledge." -Toni Morrison

He who passively accepts evil is as much involved in it as he who helps to perpetrate it.

Martin Luther King, Jr.

President-Obama-jpg.jpg

Share this post


Link to post
Share on other sites

If you are in the military did you request an expidite? Regarding your question, you are saying she is currently in Malaysia and wants to come to Illinois to visit you. You then say she was denied a tourist visa by not having strong enough ties to the US...? That doesn't make sense, you mean she doesn't have strong enough ties to Malaysia to come to the US on a tourist visa?

See that's what I said, I thought it would be the other way around. But she said they didn't she had strong enough ties to go to the US. But I did ask for the expedite request and they said they approved of it, so I got my first RFE on the 3rd of July and I sent it back on the 5th. So it looks like I have to play the waiting game. I just pray things go smoothly so there won't be any hangups....


“Hate is too great a burden to bear. It injures the hater more than it injures the hated.” – Coretta Scott King

"Oppressive language does more than represent violence; it is violence; does more than represent the limits of knowledge; it limits knowledge." -Toni Morrison

He who passively accepts evil is as much involved in it as he who helps to perpetrate it.

Martin Luther King, Jr.

President-Obama-jpg.jpg

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

RFE is a good sign, actually - it means your casefile is at the head of the queue, an adjudicator has reviewed it.

So 2 to 3 weeks after you mailed back the RFE packet, you should know something on the I-130 approval.

Since you got an expedite at USCIS, you prolly want to chase after an expedite at NVC, when the casefile travels there.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites

RFE is a good sign, actually - it means your casefile is at the head of the queue, an adjudicator has reviewed it.

So 2 to 3 weeks after you mailed back the RFE packet, you should know something on the I-130 approval.

Since you got an expedite at USCIS, you prolly want to chase after an expedite at NVC, when the casefile travels there.

Definitely on the top of my to do list:) I was reading on those websites about lawyers and organizations that do the paperwork for you and they said the RFE was the worst thing to get since it means they are sitting on your request until they get the paperwork. I sent everything off as soon as I got my hands on it. Guess I will have to wait and see what the next step it...


“Hate is too great a burden to bear. It injures the hater more than it injures the hated.” – Coretta Scott King

"Oppressive language does more than represent violence; it is violence; does more than represent the limits of knowledge; it limits knowledge." -Toni Morrison

He who passively accepts evil is as much involved in it as he who helps to perpetrate it.

Martin Luther King, Jr.

President-Obama-jpg.jpg

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...