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Tom

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    Applying for my stepson

    in Bringing Family Members of US Citizens to America

    Posted

    Dear bradschry&samira,

    The instructions on the I-130 state:

    7. What Documents Do You Need to Prove a Family Relationship?

    A. A husband or wife, submit the following documentation:

    3) A passport-style color photo of yourself and a passport-style color photo of your husband or wife, taken within 30 days of the date of this petition. The photos must have a white background and be glossy unretouched and not mounted. The dimensions of the full frontal facial image should be about 1 inch fromt he chin to top of the hair. Using pencil or felt pen, lightly print the name (and Alien Registration Number,if known) on the back of each photograph.

    4) A completed and signed Form G-325A, Biographic Information, for you and a Form G-325A for your husband or wife. Except for your name and signature you do not have to repeat on the Form G-325A the information given on your Form I-130 petition.

    H. Stepparent/stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of hte marriage certificate of the stepparent to the child's natural parent showing that the marriage occured before the child's 18th birthday, and copies of documents showing that any prior marriages were legally terminated.

    My interpretation of this is that photos and the G-325A are only required for a husband or wife. The affidavit of support will be required by the embassy when you apply for the immigrant visa.

    At least, that is my understanding at this point.

    I filed an I-130 a couple days ago for my stepson.

    BEST OF LUCK!!

    Filing I-130 for stepchild....

    in Bringing Family Members of US Citizens to America

    Posted · Edited by Tom

    Dear Oregon,

    In the I-130 instructions under number

    "7. What Documents Do You Need to Prove a Family Relationship?"

    it says

    "C. A child and you are the father: Submit a copy of the child's birth certificate showing both parents' names and your marriage certificate."

    Later, the USCIS will want permission from the father listed on the birth certificate for your stepdaughter to come to the US.

    At this point, I don't know if you can submit the birth certificate until you receive an RFE, especially since you don't yet have a case number.

    Hopefully, you'll hear from them soon.

    I filed my I-130 a couple of days ago for my stepson.

    Best of luck!!

    Travel Restrictions

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    Hi,

    as far as I know, you can only travel for 6 month. If you want to stay longer, than you have to let them know before and fill out some papers. Etc.

    Good luck to you.

    Then you should read the pinned information, too. Your understanding is wrong.

    Meauxna,

    I assume you refer to the pinned section of this forum, i.e. Adjustment of Status (Green Card) General Discussion. I've read through it and haven't noticed anything in addition to that posted in this thread. Is there something else? Can you post the section to which you refer? I'd really appreciate it.

    My wife and I intended to bring our son back to the U.S. through a DCF and she left the first week of January; I am joining her Tuesday. We bought our tickets last November without knowledge of the Adam Walsh Act and that it would prevent us from a DCF after Jan. 23rd.

    I filed an I-130 with the Laguna Niguel Ca. Service Center yesterday, but according to their site, it might take 6 or more months before our son receives an immigrant visa due to backlog. Prior to Jan. 23rd, the embassy told us 2 weeks with a DCF.

    We are discussing her staying in her country until our son's visa is ready, but I have become very wary of inmigration and am leaning toward bringing my wife back until our son's visa is ready.

    When we filed for her Adjustment of Status, we also filed the I-131 for advance parole, but she received the greencard first and we were told at her interview we didn't need the advance parole, so I assumed we wasted the money. We never did receive any paperwork from the I-131. This whole thing is just a huge CLUSTER F***!

    That said, I am enormously grateful to those who have shared their experiences coming back into the U.S. with a greencard!

    Thanks!!

    Travel Restrictions

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    Well, in looking at "Now That You Are a Permanent Resident" it seems that if a resident is abroad less than a year, there is no problem upon reentry to the U.S. Has anyone experienced otherwise? I can't find anything to the contrary in the pinned section of this forum.

    From USCIS at http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

    "International Travel

    A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration."

    I-130 Direct Consular Filing

    in Bringing Family Members of US Citizens to America

    Posted

    I received this from the embassy today,

    "-- Due to provisions in the Adam Walsh Child Protection and Safety Act, consular officers can no longer accept family-based immigrant visa petitions. We recognize that this change may inconvenience some families, but we have no alternative. We must comply with the law. Consular officers will work with affected petitioners and beneficiaries to ensure they have the information they need on the steps they need to take to complete processing of their cases.

    -- As a result of the Adam Walsh Act, all family-based immigrant visa petitions (I-130s) must be screened to ensure the petitioner has not been convicted of specified criminal offences against a minor. Consular officers by law do not have access to this information. Thus, all I- 130 petitions for family-based immigrant status must now be filed only with USCIS.

    -- The Adam Walsh Act provides that persons convicted of specified sexual criminal offenses against a minor cannot file petitions for family-based immigrant visas. A criminal history record check is now required to determine whether a petitioner is eligible to file a family-based immigrant petition.

    -- Consular officers at embassies and consulates overseas are not law enforcement officers and are not authorized to obtain information about arrests or convictions of citizens or lawful permanent residents of the United States who file family-based immigrant visa petitions. The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) officers do have access to databases with this information and authority to use it, and are therefore able to make determinations of eligibility to file these petitions.

    -- We deeply regret the inconvenience this change causes to American citizens but the law is clear."

    Direct Consular Filing

    in Direct Consular Filing (DCF) General Discussion

    Posted

    Hi all,

    I received the email below on January 23, 2007, from a US embassy. It appears to apply to all embassies. Has anyone seen the notification or know if it does in fact apply to all embassies?

    From: Casali, Irma Liliana (Asuncion) (CasaliL@state.gov)

    To: Tom

    Subject: RE: Stepson's visa

    Tom,

    We just received an official notification from USCIS (immigration office in USA) that consulates must cease accepting and adjudicating any I-130 (immigrant visa petition).

    You must now file the I-130 for your stepson in the U.S. and once it is approved it will be forward to us for processing.

    Personally, I very much regret this decision, it will harm many families. Sorry...

    Regards,

    Nany Casali

    Immigration Visa Assistant

    I-130 Direct Consular Filing

    in Bringing Family Members of US Citizens to America

    Posted · Edited by Tom

    The quote below is on the embassy website at: http://paraguay.usembassy.gov/iv_gen.html

    I wonder if there's an issue of obligation since the info. below is still on the embassy website?

    "American citizens may also file a petition for a spouse, a child or a step-child at the Embassy. In these cases, the petitioner may bring a completed I-130 (Petition for Alien Relative) to the Embassy Monday through Wednesday between 1:00 p.m. and 4:00 p.m. to begin the process. The petitioner may also call the IV Assistant and schedule an appointment. The I-130 (Petition for Alien Relative) and instructions can be accessed by clicking here."

    I-130 Direct Consular Filing

    in Bringing Family Members of US Citizens to America

    Posted

    I bought airline tickets to go get our son in March.

    Then I received the email below from the US embassy on Jan. 23, 2007.

    This is a major change in policy. Does anyone know if it's enforceable?

    I've sent a letter to my Senator, Dianne Feinstein.

    Casali, Irma Liliana (Asuncion) (CasaliL@state.gov)

    To: Tom

    Subject: RE: Stepson's visa

    Tom,

    We just received an official notification from USCIS (immigration office in USA) that consulates must cease accepting and adjudicating any I-130 (immigrant visa petition).

    You must now file the I-130 for your stepson in the U.S. and once it is approved it will be forward to us for processing.

    Personally, I very much regret this decision, it will harm many families. Sorry...

    Regards,

    Nany Casali

    Immigration Visa Assistant

    Bringing over USC's Step-daughter

    in Bringing Family Members of US Citizens to America

    Posted

    One question though, is the 12 months determined from the date of the visa issuance 04/20/06, or from the date of my arrival in the US 05/22/06?

    I have the same question. My wife received her K1 on 12/1/2005, and entered the U.S. on 4/1/2006. I wonder if we can still get a K2...?

    We want to bring her son to the U.S. I wasn't planning on using the K2 because we're going to Paraguay in March and I was going to apply for her son's immigrant visa at the U.S. embassy. Then I got the email below from the embassy on January 23, 2007. Does anyone know about this change? Is it enforceable? I sent a letter to my Senator, but we had already bought airline tickets.

    Casali, Irma Liliana (Asuncion) (CasaliL@state.gov)

    To: Tom

    Subject: RE: Stepson's visa

    Tom,

    We just received an official notification from USCIS (immigration office in USA) that consulates must cease accepting and adjudicating any I-130 (immigrant visa petition).

    You must now file the I-130 for your stepson in the U.S. and once it is approved it will be forward to us for processing.

    Personally, I very much regret this decision, it will harm many families. Sorry...

    Regards,

    Nany Casali

    Immigration Visa Assistant

    AOS, AP, EAD

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    Hey Jen,

    Take a look at my timeline for the AOS. We received the green card in about the same time frame as most people. However, we never did recieve the AP or EAD; now they're unnecessary.

    Strange huh?

    Thanks,

    Tom

    We applied for AP and EAD with the AOS application and received the green card before AP and EAD approval. My wife can travel outside the country and work in the USA with her green card, so the extra fees I paid for the AP and EAD turned out to be unnecessary.

    Anyone else have that experience?

    Just be happy that you got approved so fast.... I assume that lots of people would just love to pay the extra fee for being approved more quickly :yes:

    Jen

    Temp EAD through JFK?

    in Working & Traveling During US Immigration

    Posted · Edited by Tom

    We received the EAD stamp through JFK without a problem.

    However, they took my fiancee into another room and did not allow me in where they asked her if she really intended to marry me etc. At no time did they ask me if she wanted a work stamp, and they didn't ask her either. I'm not sure who one would tell at the JFK POE, but we got it anyway.

    Another point of frustration is that the immigration officials kept my fiancee's sealed package from the embassy in her country which contained her medical records and birth certificate. When we adjusted status we had to send copies of her medical exam records and vaccinations, which we did not have because immigration kept them at the POE, and a copy of her birth certificate which we also did not have (again because immigration kept it at the POE).

    Long story short, we had to order the records from her country which delayed the whole process. While corresponding with many people on visa journey, I have discovered that many folks do not bring a certified copy of their birth certificate to the U.S. because there is one inside their sealed envelope. Be sure to bring other certified copies of everything.

    California Drivers License

    in Moving to the US and Your New Life In America

    Posted · Edited by Tom

    you need a social security number and proof of residence...at least in Michigan, dont know if its different in California

    We have an expired K1 visa with the I94 stapled inside, and filed for the AOS before the K1 visa expired. Does one have to wait until the AOS is approved to obtain a drivers license, i.e. greencard in hand to show the DMV? Or can one provide some other type of documentation to obtain a drivers license? I'm not sure how to prove "proof of residence."

    Thanks!!

    -Tom

    I 693A

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    Since a K1 had to have a medical and vaccinations before the K1 visa was issued, and since immigration confiscates and retains the sealed envelope from the fiance at the POE, why in the sam-hell does a K1 have to prove vaccinations again when the freaking USCIS already kept the info. when the fiance entered the POE?

    They must be highly organized geniuses. Glad to know our tax dollars are spent so efficiently...

    Just my 2 centavos,

    -Tom

    I don't think you can provide this copy with your AOS. You will need to take it to a USCIS designated civil surgeon who will transfer the info onto the I-693A in a sealed envelope which you can submit with the AOS.

    http://www.uscis.gov/graphics/i-693faq.htm

    http://www.uscis.gov/graphics/exec/cs/index.asp

    I agree but they use the one from the K1 so thts wht i was thinking if it is the same sealed envelope..and if my sealed envelope is not there so they might issue an RFE

    The sealed envelope with the visa which the consulate issued wht the hell is there in tht packet my medicals Rt??

    Al

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