pjpw2320

23 hours ago, pjpw2320 said:

Not really. I completed that process, travelled to the US in June 2012, married within the 90 days and took up residence there under the approved K1 Visa. I had not, however, adjusted status due to mitigating factors to do with fluctuating household numbers and the effect of that on sponsor income requirements when, in early June 2018, I was called back to Australia urgently due to the the sudden death of my then 24 year old son.

 

I secured an Interview with US Immigration in Buffalo before leaving but was told there was nothing they could do to approve my absence at such short notice. I was told my wife would have to file an I-130 when I got back to Australia.

 

We did that and went through the process and obtained approval from USCIS and the National Visa Center only to be denied by the Consulate in Sydney due to my leaving having triggered S.221(a)(9)(B)(i)(II, the 10 year year bar period. We now have to file an I-601 Waiver application.

The section reference above should be 212(a)(9)(B)(i)(II).

50 minutes ago, Jorgedig said:

I am not a lawyer, but I expect a good one would direct you to writing up a detailed description (with any pertinent documentation) of the mitigating circumstances which led you to not AOS during those six years.  Even before you hire a lawyer, you can go to USCIS.gov and read decisions on hardships, to get an idea of what they're looking for, and how the Administrative Appeals Office evaluates cases.

 

Best wishes, and I'm very sorry to hear of the loss of your son.  

Thank you so much.

51 minutes ago, Boiler said:

Why do you think that the statistics show otherwise?

I did not know that. Can you direct me to the stats? My wife and I need reassurance I guess as we are very concerned about the possible outcome.

10 hours ago, Boiler said:

I 601 for a 6 year or so overstay is relatively easy and any half competent Lawyer should be able to oblige.

My understanding is that proving "extreme hardship" under the Waiver section of the INA, as we have to do, is not an easy process at all.

3 minutes ago, Ryan H said:

Moved from IR-1/CR-1 Process & Procedures to Waivers forum.

Thank you.

13 minutes ago, Jorgedig said:

My cue to go to sleep.   I evidently missed that detail!

For 6 years actually at the time I left the US. I know that makes no real difference. My question really is if anyone has knowledge of Dyan Williams Law PLLC from Minnesota as my wife and I have selected her to handle our case.

12 minutes ago, Jorgedig said:

Why would leaving suddenly trigger that bar?   People abandon their AOS processes all the time without receiving bars.

Because I left the country. If I had not left the country the bar would not have been triggered.

19 minutes ago, Boiler said:

Never heard of them, is this a continuation of your K1 from 9 years ago?

Not really. I completed that process, travelled to the US in June 2012, married within the 90 days and took up residence there under the approved K1 Visa. I had not, however, adjusted status due to mitigating factors to do with fluctuating household numbers and the effect of that on sponsor income requirements when, in early June 2018, I was called back to Australia urgently due to the the sudden death of my then 24 year old son.

I secured an Interview with US Immigration in Buffalo before leaving but was told there was nothing they could do to approve my absence at such short notice. I was told my wife would have to file an I-130 when I got back to Australia.

We did that and went through the process and obtained approval from USCIS and the National Visa Center only to be denied by the Consulate in Sydney due to my leaving having triggered S.221(a)(9)(B)(i)(II, the 10 year year bar period. We now have to file an I-601 Waiver application.

I have to file an I-601 Waiver Application as a result of a denial of an I-130 Visa. Has anyone had experience with Dyan Williams Law PLLC from Minnsesota?

It is mentioned, clarified and explained here on VJ all the time.

Just because it is mentioned once does not mean that it should never be mentioned again. Things change and even VJ cannot say that the regulations themselves may not change at some point. There is nothing wrong with what this newbie has stated in suggesting that things should be clarified in more detail. If all USA Consulates adopted the same criteria and approach to reviewing Visa applications, which they should as immigrants are coming into the USA and it is the USA's own immigration requirement which must be met, and it is the USA's own Consulates and Embassies, albeit in different countries, which are adopting different sets of criteria, then things would be a lot easier and more easily understood. Visa law is a minefield and unfortunately too much discretion is allowed to individual Consulates in making decisions on Visa applications.

Why does everyone says it's $18,000?? i looked it up and it says $15,300

$15,130 actually so the 125% requirement makes it $18,912. See here ..... http://www.uscis.gov/files/form/i-864p.pdf

Note that these levels change depending on the number of people in the sponsor's household. The above figures are the minimum level (2 persons in the household), so that would be for the sponsor and the sponsored person.

My K1 Visa application is now at my local Consulate in Sydney and I have a medical scheduled for 17th April. My finacee and I are due to marry in the States on June 23rd 2012.

I just received a reminder email from cbp.dhs.gov to advise me that my current Visa waiver expires on May 6th 2012. What I would like to know is am I able to apply for a new Waiver while my K1 application is being processed. Or, if my K1 application is denied am I then able to apply for a new Visa waiver ... for travel purposes only, not with the intention of remaining in the States for more than 90 days on the waiver.

Thank you for any advice anyone can provide.

Peter Wills

The instructions I received with my Packet 3 said to immediately send DS-230 Part 1 to the Consulate (Sydney). Elsewhere it says to send all documents together.

Q1. Do I send the DS-230 Part 1 on its own now and the other documents as soon as I have them?

Q2. Do I send the unsigned DS-230 Part 2 or physically take that with me to the Interview to be signed in front of the Consular Officer?

Thanking you in advance for clarification.

Peter Wills

Of course I was talking about the travel.state.gov site you were quoting. I thought it was clear enough without typing out the whole thing. It was never meant as a link for you to follow.

All the questions you are asking could be answered by reading the thread links I posted above.

The I-134 form was not drawn up specifically for use by a K-1 visa applicant. It was used by non-immigrants not intending to stay permanently and adjust status in the US. That is what I stated. I never stated you do not use the I-134 for the K-1 visa interview, though some consulates have asked for the I-864 even for the K-1. The interview requirements and procedures are very much consulate specific, but most tend to use the instructions and guidelines for the I-864, even when using the I-134, and that includes wanting to see 125% of the poverty level. They want to see the income is stable and will continue when the beneficiary is in the US, married to the petitioner and filing for AOS. They think ahead and will want to know how you will have 125% in just a few months time, when you only have 100% to offer at the moment.

You can go by what you read there on travel.state.gov. Like I said, it is up to you. No one forces you to read these forums or take the advice that is handed out here.

Thanks for clarifying this however as many newbies, myself included, are reading and relying on these forums and probabaly also doing research of their own on official sites it would have been helpful if this had been clarified and explained in more detail initially rather than just simply stating something that is seemingly at odds with the official web site.

Cheers.

Peter Wills

By finding sites like this. It is asked and posted here frequently. You can do a search and come up with tons of hits on the subject. We all know what the travel.gov site says, as well as the instructions for the I-134. That form was used for non-immigrants that were not going to be staying permanently in the US and adjusting status. It is not even a binding contract. The consulates know all of this. What is posted here is to help others get through the immigration process. You can follow what the more experienced and knowledgeable people posted about how it all works and the 125% being required, or you can not follow it. It is totally up to you.

Here are just a few threads you can read through about this same topic:

http://www.visajourney.com/forums/topic/348926-poverty-guidelines-requirements/

http://www.visajourney.com/forums/topic/351443-umm-kinda-confuse-can-anyone-help-me-out-k1-affidavit-of-support/

http://www.visajourney.com/forums/topic/351662-need-co-sponsor-or-not-plz-help/

http://www.visajourney.com/forums/topic/351271-affidavit-of-support-i-134-only-needs-100/

What is travel.gov? It is a dead link. Do you mean travel.state.gov?

And the same web site reference I quoted is specifically to do with applying for a K1 Visa, and in those instructions it clearly enunciates that an I-134 may be requested and further on also states that the income requirements differ from the I864, which is submitted with the Adjustment of Status application once the foreign finacee has arrived in the States and married.

Am I to understand that you are saying the second step to obtaining a K1 Visa as listed in the travel.state.gov link is incorrect and the I-134 is not part of the process?

My understanding is that a K1 Visa has nothing to do with applicants not staying permanently in the US, but rather is for foreign fiancees who wish to travel to the States to marry and apply for residence. According to the official web site the I-134 may still be requested. Is it wise to ignore this and hope the Consular Officer does not ask for it or be prepared in case it is asked for?

I will always go by the official web sites as I have found far too much conflicting information and statements on other sites, and that is not directed at the VJ web site. I do think the VJ web site is a wonderful resource, however there still seems to be some misinformation and misunderstanding in the forums which unfortunately is unavoidabale on any forum web site.

Peter Wills

Yes, if a beneficiary is in that type of situation and had the 125% or better that would continue even when moving to the US and getting married, then technically the petitioner could make 0% and they could still get by with the income of the beneficiary. This is not a new revelation. It states this can be allowed in the I-864 instructions. However, this is certainly not the norm and no one is going to advise people not worry about financials cause they can have 0% of the poverty level to bring their loved one here on a K-1.

So, what is your point with all this all the time? It is STILL 125% of the poverty level that is needed, whether at the I-134 or I-864 stage. Now that we have gone around in circles several times, always leading to the same place, I am done with this.

No wonder people are confused by all of this when people here categorically state "facts" that are directly in conflict with what the official web site, travel.state.gov, specifically http://travel.state.gov/visa/immigrants/types/types_2994.html#9, says and I quote from this source:-

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

How then does a novice visa applicant, myself included although I am learning fast, filter fact from fiction?

Peter Wills

Correct information is here

Stick with the official web sites here and here

I believe the following to be the definitive guide to the applicable poverty levels.

http://www.uscis.gov/files/form/i-864p.pdf

I would also suggest sticking to the uscis.gov and travel.state.gov websites and links provided on those sites for reliable and up to date information as I would not fully trust information gleaned from non official web sites. Just my thoughts.

Peter Wills

Also, after reading information on the travel.state.gov web site I am a bit confused as to the filing of the following documents:-

• Affidavit of Support
  
• Required applicant documents (i.e. birth certificates, police reports, marriage/divorce certificates, etc.)
  

Is this done by my US resident fiancee at the NVC or am I required to present these documents at my Interview at the local Embassy?

Thank you once again.

I so hate red tape!! But I know it will all be worth it in the end.

Peter Wills

So does that mean that the Priority Date and Qualifying Dates have no relevance to me?

Peter Wills

I'll take a look and let you know shortly! Thanks for the info.

You're welcome.

The NOA2 dated February 14 2012 and received by my petitioner fiancee in the States (I am in Australia) did not have a Priority Date on it. The NOA1 received date was October 19 2011. Is a K1 fiancee Visa in one of the numerically limited visa categories?

And how do find the latest Qualifying Dates?

The Petition approval is valid from February 14 to June 13 and I am concerned that it is not going to be enough time for the Visa processing to occur. I have not yet heard or received anything from the NVC or my local Embassy. My fiancee and I are scheduled to be married in the States on June 23 2012.

Thank you for any assistance anyone can provide.

Peter Wills

The following extract from the VJ wiki site (http://www.visajourney.com/wiki/index.php/National_Visa_Center) may need to be revised. I just called the number from Australia (17:17 AEST) and a recorded message advised to ring back during normal office hours, stated as being 7am to midnight Monday to Friday except on holidays.

Telephone:

(603) 334-0700

An automated recorded message system is available twenty-four hours a day, seven days a week to answer case status inquiries.

Status of case information can only be provided by entering your NVC case number of CIS receipt number (USCIS NOA1 receipt number). NVC has information on received petitions only. If the automated system does not recognize the NVC case number or CIS receipt number you entered, most likely caused by NVC has not yet received your petition.

Telephone operators are available to respond to more in-depth inquiries.

Hours: Monday through Friday from 7:30 AM to 12:00 PM (EST). Best time to call is 7:30 AM to 9:00 AM and 10:00 PM to 12:00 PM.

Just one comment. The OP doesn't mention what country they are coming from. If they already have a visa or can use the Visa Waiver Program then visiting usually isn't a problem and what they understood from the lawyer is wrong. CBP officers don't know there's a petition in play.

If, on the other hand, they don't have a visa and would need and be applying for one, they simply won't get one. The Consular officer WILL be aware there is a petition in process. So, "traveling" on another visa isn't really a problem but OBTAINING ONE is.

Thanks pushbrk. I am coming from Australia and I currently have a Visa Waiver valid to 6 May 2012. I was told categorically via telephone by Greg Siskind from Siskind Susser Immigration Lawyers in the US (www.visalaw.com)that I would not be able to travel on my Visa Waiver while a K-1 application was being processed so it seems I paid good money for incorrect advice.

You can travel on a tourist (or any other visa) to the USA while the K1 is processed, but bring ties to home in case they ask at the border.

A lot of K1s do a quick legal wedding, then a church blessing later when there is time to arrange stuff.

K1 is usually valid for 6 months. It is a good idea to apply for AOS as soon as possible, as you cannot work or leave the country without it, but it is unlikely something will happen to you if you do not apply before the 90 days (small chance of being detained if picked up by border patrol).

You cannot travel out of the country right away, but you can once you have AP or your greencard, which is 3-6 months usually.

Your first greencard gives permanent status, but has conditions attached (ie being married to the same USC). You need to apply to remove these conditions 90 days before the two year anniversary of the first greencard, and will then be given a ten year greencard.

Thank you Penguin. Can I clarify a couple of your points please.

You cannot travel out of the country right away, but you can once you have AP or your greencard, which is 3-6 months usually.

And travel out of the US and re-entry is allowed without a Visa?

Your first greencard gives permanent status, but has conditions attached (ie being married to the same USC). You need to apply to remove these conditions 90 days before the two year anniversary of the first greencard, and will then be given a ten year greencard.

What happens after that ten year greencard has expired. Will another automatically be issued or must I apply again?

And must I become a US citizen at some stage? Not that I have any problem with that, I just like to know all the facts.