F-1 immigration visa woes

[ElenaWaShadi 0]

Hey there all, I'm new to the forum. I'm not filing a spouse or fiance visa for my husband, but a full immigration F-1 visa. All of our expat friends here in Jordan and back home in the US have had varying levels of success, and our youngest friends or those closest in age all reported no trouble and quick acceptance 3 months following initial application date at the Embassy. However in contrast to that information, we are having a lovely spot on trouble from USCIS. For the past 2 months we have been getting the run-around, emails from them asking one or two questions of complete uselessness; something GOOGLE could have answered, some even insulting. Is this standard? They also tell us that the mass of evidence we sent them, including papers, pictures, etc, are not enough to establish our relationship as genuine. What more do they want, BLOOD? My family says they probably want me to get pregnant, but we have very specific plans about that and I will not alter it for a visa approval. What's with the hold up?

Elena & Shadi

[milimelo 4,743]

If you are married, you will file I-130. F-1 family based immigration visa is for unmarried sons and daughters of US citizens. That does not seem to be your category. So, I suggest you read up a bit on spousal visa, all the terminology, procedures and processes as that is what you will be getting for your spouse.

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

[Penguin_ie 6,000]

Where are you in the visa process? If you fill in your timeline, it will help us advice you better. For example, if this is USCIS asking for bonefide proof shortly after you filed, it is very odd- unless you forgot something crucial such as proof you met in person, or the marriage cert. It is much more common for the embassy to ask for more bonafide proof after the interview, especially if you only met once or twice in person/ married at the first visit/ are related/ are recently divorced etc.

As mentioned above, if you are a US citizen you petition for a spousal visa, which will be a CR-1 (if married less than 2 years) or IR-1 (if married more than two years). Both end in immediate greencard upon entry to the USA; the process takes only a few months if filed DCF (directly with the embassy in Jordan, if the US citizen lives there), or most of a year if the US citizen resides in the USA. Or if you are a greencard holder, there is the F2A for a spouse.

Having a baby does not prove a genuine relationship, it just proves one night of sex, so go ahead with your family plans for after he has the visa.

[ElenaWaShadi 0]

The visa petition we filed in Jordan, after having waited the 1 year of my residence in order to do so, IS the I-130. Our appointment to file interview was Feb 5 2013. We were informed by our case manager there that we should recieve an interview date within 2-3 months of this date. As of 2 days ago, it has been 3 months. We met online through a marriage site (both being Muslims who had failed to find suitable partners where we were) and spoke online and phone for a year before I came to visit in March/Apr 2011 to be engaged/legally married and see my potential Masters college. August of that year I moved to Jordan to have the arabic wedding ceremony and to attend school; i lost my scholarship so never attended school and have been here 2 years now. Since filing our petition at the embassy we have been subjected to an excessive number of requests for proof of our marriage being genuine including things we cannot furnish as we are living as normal Jordanians (therefore poor and I did not work up until recently) The last email requested tax information which I know legally I do not have to provide, as well as a completely incorrect list of things I sent before (claiming the photos given them were pictures of us separately and our backs not showing us together which is a LIE) as well as all our email correspondence.

[JLSBMF 16]

The visa petition we filed in Jordan, after having waited the 1 year of my residence in order to do so, IS the I-130. Our appointment to file interview was Feb 5 2013. We were informed by our case manager there that we should recieve an interview date within 2-3 months of this date. As of 2 days ago, it has been 3 months. We met online through a marriage site (both being Muslims who had failed to find suitable partners where we were) and spoke online and phone for a year before I came to visit in March/Apr 2011 to be engaged/legally married and see my potential Masters college. August of that year I moved to Jordan to have the arabic wedding ceremony and to attend school; i lost my scholarship so never attended school and have been here 2 years now. Since filing our petition at the embassy we have been subjected to an excessive number of requests for proof of our marriage being genuine including things we cannot furnish as we are living as normal Jordanians (therefore poor and I did not work up until recently) The last email requested tax information which I know legally I do not have to provide, as well as a completely incorrect list of things I sent before (claiming the photos given them were pictures of us separately and our backs not showing us together which is a LIE) as well as all our email correspondenceG

God help you i can sense your fustration and stress - thank god atleast you are both together -

Inshallah your interview will be successful and you will be home soon.

I will keep you both in my prayers

[jkedhd 5]

Wish you luck.., i filed i130 to Chicago lockbox not to the embassy.., its been 113 days since our NOA1

Hopefully we hear something soon

[Cathi 5,849]

are you married? If you are you do not apply for F-1, you file an i-130 for a cr1 if you are a citizen...f2a if you are a greencard holder. You filed the wrong petition

[ElenaWaShadi 0]

It has been 90 days since we submitted our 1-130 petition to the Embassy in Amman and had our first "interview" with the lady behind the glass. Is this the NOA1 I keep seeing or are we still awaiting that? We have recieved no further communication from the embassy except the form 1-72 20 days after our initial petition, then subsequent follow-up emails on information provided re: I-72 request, nothing more. Is this normal? The women who accepted our petition at the Embassy told us that we should recieve our final interview for his visa within 60-90 days. We're starting to worry after another email asking for further info but our friend Karen whose husband got his approval 4 months ago (after 2.5 years of trouble) said that it was because the people assigned to the case hadn't finished all the paperwork yet and were stalling us to keep us from complaining. True or not?

This was the text from our latest email request from USCIS:

Dear Ms. Porcelli:

Please let this office know if you filed a tax return at all for 2011. If you were married during that year, you did not have the option of filing as a single person, so your tax return should show that you were married. Please also submit photos from 2011 and 2012 other than the ones you already provided, showing the two of you together. You submitted several photos showing each of you separately and showing a couple from behind, and these do not portray your relationship. Other documents which would be helpful in making a determination on your petition include, for example, a copy of your airline ticket from when you came to Jordan to get married and copies of emails illustrating when and how you and your husband became acquainted.

Sincerely,

USCIS, Amman

[milimelo 4,743]

If you want a visa, you do have to comply with bonafide relationship evidence request. Looks like you provided some pictures showing a couple from the back and some pictures of each of you separately. Not quite sure why you don't provide them with real pictures of two of you together, with his/your family and friends... The email they sent you looks very normal to me - provide evidence of relationship.

Also, your tax returns are required. Not sure where you get the it's not legally required when you as the petitioner are a primary sponsor and have to submit tax returns, I-864 and proof of employment. If you weren't required to file a tax return, provide statement from IRS to that effect and line up a joint-sponsor.

It has been 90 days since we submitted our 1-130 petition to the Embassy in Amman and had our first "interview" with the lady behind the glass. Is this the NOA1 I keep seeing or are we still awaiting that? We have recieved no further communication from the embassy except the form 1-72 20 days after our initial petition, then subsequent follow-up emails on information provided re: I-72 request, nothing more. Is this normal? The women who accepted our petition at the Embassy told us that we should recieve our final interview for his visa within 60-90 days. We're starting to worry after another email asking for further info but our friend Karen whose husband got his approval 4 months ago (after 2.5 years of trouble) said that it was because the people assigned to the case hadn't finished all the paperwork yet and were stalling us to keep us from complaining. True or not?

This was the text from our latest email request from USCIS:

Dear Ms. Porcelli:

Please let this office know if you filed a tax return at all for 2011. If you were married during that year, you did not have the option of filing as a single person, so your tax return should show that you were married. Please also submit photos from 2011 and 2012 other than the ones you already provided, showing the two of you together. You submitted several photos showing each of you separately and showing a couple from behind, and these do not portray your relationship. Other documents which would be helpful in making a determination on your petition include, for example, a copy of your airline ticket from when you came to Jordan to get married and copies of emails illustrating when and how you and your husband became acquainted.

Sincerely,

USCIS, Amman

[ElenaWaShadi 0]

Actually Milimelo, I DIDN'T give them several photos of us separately and some of the back; I sent 16 photos, 1 separately showing Shadi with one of our rescue kittens with the note that we run an informal animal rescue group in Irbid (we do and are recognized by the vet clinics in Amman), and one of us on our honeymoon in romantic position facing the mountains of Wadi Rum. All 14 others are of us together in different locations, with family or friends. The email sent to us regarding that was an exaggeration; that person probably never saw more than 2-3 photos in the whole file. Secondly I am not the financial sponsor; my parents are. Having come here as a recently graduated student (therefore poor) and not been able to find a job that can do much besides buy us groceries (teaching english here? not lucrative) it went to my parents to help us. The reason they ask about the tax return for 2011 is because as part of our evidence package sent LAST month, I included my tax return for this year because it had his signature on it as well as his ITIN request so we felt it was proper evidence we were trying to make our relationship legally legit. They ask for my 2011 return because they want to make sure I always filed as married since my marriage, which I didn't and have already explained to them why: I was told by my tax service that I didn't have to; I also told them I would amend it since I have 3 years from the file date to do so.

[milimelo 4,743]

Elena,

you will always be the first and primary sponsor as you are your husband's petitioner - no getting around from that rule. Your parents can be joint sponsors but you will also have to provide I-864, tax transcripts...

Looks like the embassy is asking for more evidence - pictures and other documents as well as affidavit of support paperwork.

I'd start looking for compiling all they want to see, plus amending tax returns before sending off affidavit of support papers.

Actually Milimelo, I DIDN'T give them several photos of us separately and some of the back; I sent 16 photos, 1 separately showing Shadi with one of our rescue kittens with the note that we run an informal animal rescue group in Irbid (we do and are recognized by the vet clinics in Amman), and one of us on our honeymoon in romantic position facing the mountains of Wadi Rum. All 14 others are of us together in different locations, with family or friends. The email sent to us regarding that was an exaggeration; that person probably never saw more than 2-3 photos in the whole file. Secondly I am not the financial sponsor; my parents are. Having come here as a recently graduated student (therefore poor) and not been able to find a job that can do much besides buy us groceries (teaching english here? not lucrative) it went to my parents to help us. The reason they ask about the tax return for 2011 is because as part of our evidence package sent LAST month, I included my tax return for this year because it had his signature on it as well as his ITIN request so we felt it was proper evidence we were trying to make our relationship legally legit. They ask for my 2011 return because they want to make sure I always filed as married since my marriage, which I didn't and have already explained to them why: I was told by my tax service that I didn't have to; I also told them I would amend it since I have 3 years from the file date to do so.

[Luluhilweh 3]

Hey Penguin the comment you made to the OP is not entirely accurate. DCF does not necessarily end in few months, especially in the OP's husband's profile. My husband is a perfect example of this. He is a Middle eastern male, young(under 35 at application time) and has a Middle eastern name. After we went through DCF here in Cotonou, we are still in AP 1 year & 5 months later. One major difference is that the OP filed for her husband from his native country Embassy unlike me where I filed for my hubby in the country he's lived in for many years. So workload of various Embassies is a factor also. But when it comes to AP Ive seen both extreme ends of the spectrum. There is no telling when AP will end and it's legit on the Embassy's part. All the AP can do is stay in close contact with the Embassy through direct calls or emails and inquire about the status of the case.

Word to the wise: DOCUMENT ALL calls made to Embassy and staff names you are in contact with there- keep all emails sent back and forth in a separate email folder with easy access. If heaven forbid AP should drag out to an excessive amount of time, you will need all proof and your ducks in a row in an organized timeline to illustrate to officials that the Embassy is taking its time and needs to give you a decision as required by US laws.