fazmo
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Posts posted by fazmo
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I have been reading all the answers but I believe answering this question requires some understanding of what marriage is considered in religious terms (Islam, in this case) and the immigration law. There is absolutely no problem for you to make a nikah while applying for or holding a K-1 visa. In Immigration law, marriage is valid if it is valid in the place where the marriage took place. The marriage MUST be registered in the appropriate authorities in order to be deemed legal under immigration law. A nikah is not a marriage unless it is conducted by the appropriate authority AND fully registered. However, in Sharia law, anyone with knowledge of Islamic marriage law can perform the nikah - even if you pull him from the street. All the family wants is to let their daughter go with her husband (In Sharia law terms, not in family law terms). A member of her family or a sheikh from the local mosque can perform the nikah and it will not be deemed legal under the Egyptian law or US immigration law. I have seen a fellow member saying that Muslim countries recognize nikah as a legal marriage. That is not true at all. What he/she may got confused is that the authorized marriage court or registry can retroactively validate a nikah as a legal marriage if the required witnesses attest a nikah has taken place. It is very confusing to some, I know, but such marriage was not legal under the family law before it was validated by the proper authority. The fact that it was validated retroactively (back to the date when the witnesses attested the nikah took place) does not mean it was legal before the validation. This is very interesting because once a nikah is validated retroactively, you can use it to seek US immigration benefits because it is legal from that point on. If you don't want to validate your nikah retroactively, you just say so and the family court or the civil registry will just register your marriage effective that day.
These are the points:
- Under US immigration law, a marriage must be legal in the place where it took place. It must be registered in the appropriate authority as per the government of that country.
- A nikah is not a legal marriage in US (and in any country for that matter) unless it is properly performed and registered by an authority duly authorized by the local government.
Therefore, it is perfectly fine that you go ahead with the nikah arrangement with her family. You just make sure that it is neither performed by an authorized judge nor registered with the civil registry. In western society, it is like an engagement - although it weighs more when looked from the religious perspective. In Islam, two are duly married when the man accepts the nikah offer. Consulates in predominantly Muslim countries know about local traditions and therefore know what nikah is. You can tell them in the face that you have performed nikah and it won't change anything because you still need to be legally married. It is neither fraud nor lie to answer "NO" if you are asked whether you are married. They are asking whether you are legally married - not whether you are married in Islamic terms. In fact, you have to answer "NO" to such questions until your marriage is duly registered.
Proxy marriage is never advisable by the way. It is a gamble when it comes to seeking immigration.
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- So many students like you petition for their spouses/fiance(e)s every year - you are not alone.
- Approval of the initial petition will be based on whether you have a genuine relationship or not and whether you eligibale for that immigration benefit. It does not matter whether you can support the beneficiary or not or whether you have worked or not. That is an NVC/consulate territory and will be considered at the time of interview.
- You can still sign the affidavit of support even if you have never worked before (and even will never work later) as long as you have an eligible co/joint -sponsor that signs the financial support on behalf of the beneficiary.
- Like others suggested, put student or unemployed and the time line.
Don't worry, your situation is normal and embassies deal with it on a regular basis.
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Hi all
When I was a teenager (19 years ago) I spent some time in Bahrain (less than 2 years). Mostly I was there as a tourist but I did gain residency for about 6 months.
What I'd like to know is will I require a police cert from Bahrain (I'm in the process of applying to go to USA on a K1 visa) and if so how do I go about it? I've googled but not found anything very helpful so far.
I know that, as a UKC I need one from ACPO
Thanks in advance
Yes you will need a police clearance from Behrain. All visa applicants must obtain a police clearance from any country they have been for more than 6 months since the age of 16 (as long as a police certificate is available and issued by authorities).
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WOW What scam i mean service are you running, who sponsors 5 people to come to the U.S lol!
I call it a family reunion - so glad we are all together peacefully and forever.
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I had a letter from my employer just for FYI, more is OK, less = RFE sometimes.
I had personally sponsored 5 people, all approved in a breeze but I have never supplied an employment letter. Some of them, I provided just the current tax return and proof of immigration status (not even pay stubs). They were all IVs which means the initial review was done by the NVC. K-1 is a little different since it initially uses the I-134 instead of I-186 series. My take is that when it comes to anything other than the evidence of relationship, submit or say the bare minimum. I would never send my bank records (except if I was doing adjustment in which case I would send the bank statements with all money figures blacked out). Everything you submit or say gives the CO an opportunity to bombard the beneficary with questions. It may take one question to mess things up - and that question could have been avoided by not submitting optional or extra docs or trying to go the extra mile to answer/explain the CO's answer. Therefore, more =more questions sometimes or worse a potential self-inflicted denial.
Having said that, it is always advisable to read about the regional forum and see what is the norm there. Some embassies are more strict than others because they are more prone to immigration fraud attempts.
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Current income is what a sponsor MUST PROVE. Without sufficient current income a sponsor will not be accepted.
This is not a process where meeting the minimums is a wise course of action. The goal here is to obtain the visa for the spouse/ loved one. Submitting the appropriate evidence/documentation is the prudent step. Being lazy and/or ill prepared gets you delays.
It is smart to do some reading in the regional forum to learn what is the norm at the embassy/consulate where the interview will take place. Despite the CO's working from the same manuals the realities of each consular office can be quite different.
I agree. Each consul has his/her way of looking at the documentation/evidence. I concur the OP is better off to shut off all danger-holes and follow the instruction of those who are experienced in the appropriate consulate - this being consulate specific. The K-1 process still uses the I-134, an old form with its old guidelines.
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Just to be clear, you can still submit employment letter/verification but it is not necessary since the pay stubs would suffice for current income verification. In fact neither an employment letter nor a pay stub is required to review the affidavit of support - but it still helps to show some sort of current income. I would not bother asking my employer to write a letter. I would just submit the pay stubs - still optional but helpful.
Here is some text from the instruction for the affidavit of support
You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a Government official. For example, you may include a recent letter from your employer, showing your employer's address and telephone number, and indicating your annual salary. You may also provide pay stub(s) showing your income for the previous six months.
[/Quote]
From the checklist of the same document:
A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.
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It is very likely that there will be some scrutiny in your case. But as you know, nothing is impossible to overcome. You need to do extra effort to convince the USCIS and other visa agencies that both marriages were entered with good faith. You need to focus on gathering a lot of evidences such as ticket receipts, passport visit stamps, pictures (A LOT) with families and his kids, communication logs - anything you can lay your hands on. Expect a lot of question about the first marriage. Remember, it is still your right to petition the government to be with your husband but you have to do some effort to clear the hurdles. Change the previous experience into an asset and do a lot more than you did last time. Read and read this website and educate yourself and your husband of potential questions, red flags and other unfavorable things that may be related to your case.
I wish you a smooth journey and happy life...
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1. No need for employment verification
2. Yes, last 3-6 month paystub helps show the betitioner has steady and recent income.
3. No need for notarization. The petitioner is signing under perjury laws.
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I can understand why the IO saw a big red flag in sending one's entire salary to other people - especially when they are married. I myself come from a background where the support for extended family is highly expected, but sending the entire salary is quite strange to me. This case is not about what is right or wrong. It is not even what is legal or not. It is about whether the judgment of the IO is justifiable among the average person. I would say that IS the case. Sending the entire salary (while fulfilling marriage obligations is expected) screams like someone who doesn't want to establish life here in the US, someone who is completely detached from her married life and attached to home country. It screams that, load and clear. Now in terms of right/wrong, that would depend on the individual affected couple. If the OP is ok with supporting his wife in working for her family to the penny, that is entirely up to him and certainly not anyone's business. When it comes to legal battle, USCIS will have to prove the marriage is in fact not bona fide against all contest. The OP and his wife will likely win in court, given they have and provide enough evidence to show they are happily married. However, the IO officer, in my opinion, used a sound judgement in denying the application because the wife would seem to be detached from her marital household to the average person - even to those of us who were raised to support the extended family.
- Merrytooth, milimelo, Harpa Timsah and 2 others
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This is extremely helpful. Thanks for sharing.
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If he has his immigrant visa now, he should be good. It is even much better if he is entering the US before he turns 21. There is a law, called Child Protective Act (CPA) that Bush has signed protecting minors from aging out if their visa was approved before they reached 21. Therefore, as long as his I-130 is approved before he turned 21, he should not have any problem although sometimes the embassy must be alerted about the age out (USCIS usually does that).
His residence starts when the IV visa is endorsed by an immigration officer at point of entry. The endorsed visa will serve as temporary evidence of residency unless he gets his actual permanent resident card.
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She will need a police certificate from any country she has been to for more than 6 months since she was 16 years old. The only exception is if the country does not provide a police certificate (e.g. Afghanistan). If she was in Germany for less than 6 months at the time of the interview, she does not need a police certificate.
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This raises some eyebrows. Can you provide more details. I know you said you married June 29, 2008 but (1) does your marriage certificate show the same date? (2) Does your green card show resident since November 14, 2007? (3) Have you been living the same husband in the same place and showed the evidence to the IO? The officer either saw /was told/ something that we don't see here or he made his calculation/judgment wrong. Provided you answer yes to all three question, you seem to be eligible for the 90 days prior to your third year anniversary filing. Did the IO mentioned that he is going to deny your application on the spot, during interview? If yes, have you explained why you were eligible to apply? I am asking this in order to get some sense of what the IO was thinking.
I would definitely file a complaint about that officer through the proper channels, enlist the help of a local representative and see if anything can be done to re-deem my application. But if you have the choice between appeal and refile, I would say re-file makes more sense in terms of time and money.
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I was also told that it would take at least 2 mos or so before I can get the oath. I thought it was ok, until I saw some people in some offices getting sworn in the same day of their interview Makes you wonder how they do the scheduling. I'm not even gonna hope for 8/18 anymore... I would be so glad to get the 9/15.
Don't loose hope. Mark my word. You are going to get your oath scheduled next Monday for the 8/18 event.
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Wow... good for you, Mariya! Looks like I will miss the Aug 18 ceremony Oh well... Sept isn't so bad.
I had my N-400 interview at the Kansas City DO on July 11. I was so hoping to be in the 8/18 list but looking at your timeline tells me to downgrade my expectation. The IO did tell me that it takes 2-3 months to get the oath ceremony. I was shocked and asked him again. He confirmed it saying "It does take a while here". I wonder why though. The district court's website says the ceremony is held two times a month (but in the same day, morning and afternoon). Should we give Kansas City the medal of the worst metropolitan area to naturalize?
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First of all, I know you already understand your mistakes but I just wanted to vent and make sure you understand it fully. The system you blamed for protecting her was the same one you refused to protect you from this evil woman and stood in the way even investing a lot of time and money. Do not blame the system because you did not want its protection. She was heading to hell and you endangered yourself, your mother and your children by saving her while you clearly understood she was not nice to any of you. In America, there is something called "choice". She chose the road to hell by trying to manipulate the system to get unfair benefits. She was caught in the process. You should have respected her choice and allow her to pickup the consequences. Yes, I do understand that you were acting a good husband (way too good), but I also expect any father would protect his children. You did not. I am not sure whether I should blame her evil behavior or your lack of good judgment. Yes you deserve sympathy and I am really sorry, but I am so sorry for the kids who deserved far more step-mother (or a father who would go to great lengths to protect his kids, if the mom turns bad). They are the real victims here.
OK that being said, my first advice to you is apologize to your kids. Talk to them the first chance you got and cry in front of them and show you are sorry about all that happened. Tell them you were trying your best to get a caring mom but like some people do, you run to a bad woman. Show them you care. They would at least understand that they still have you as a father and not the husband of that woman they were so scared off. Make sure you tell them it is over and she is never coming back and she will never hurt them again.
Second, fire that attorney. Do not pay him any more money. When you are firing him, make sure you tell him he failed you and your innocent children and could not stand for their rights. In case he was in cahoots with the defense attorney, make him feel so guilty and tell him he ruined your life and worse the lives of children and not worthy your trust anymore.
Do not listen to his advice and report the crime (the threats, the knife over the children, the bruises everything) to the Children Protective Services. Trust me, they have child physiologist who would get the truth out of those kids and most judges would respect their findings. It takes one single felony charge to ruin her chances of staying here. I am going to repeat that. It takes only one single felony charge for her to loose whatever legal status she has here. It does not matter even if she got her 10 year green card. If she is found guilty of endangering children, she is out.
Another thing you should remember is that if you do not fight for your survival, nobody will. Not an attorney, not a judge, not any one else. Her attorney is good probably she is pushing him and manipulating him like she did for the last 2 years. You should grow some teeth and fight like a father and like a man and make your attorney or the judge fight for you. I know, with your story, I could present myself and convince any judge that this woman was a pure evil and deserved nothing but a jail and deportation. I don't need a lawyer or legal knowledge to show her evil maneuvers through the system - because it is as white as ice. She is here because you sponsored her. She is out of jail and deportation processing because you decided to stand in the way. She is ruining your life and your children because you tolerated her far more than anyone could have. Are you going to sit around and hope she will leave your alone? I guarantee you this will go on and on until you decide to put an end to it and work hard and fast to show the judge her true colors.
Talk with the ICE. Mention how she left the exact last day of the period the judge ordered her to stay. Mention how she endangered the children. Basically tell the ICE everything.
Last, I am really sorry about all that happen to you. Even though you made some terrible judgments, no one deserves to go through this. I do hope that you keep your children safe and make sure their property and wellbeing are protected.
- sachinky, ~ameriptian~, roseTX and 1 other
- 4
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That happened to me either when I changed my address. Apparently the address change confirmation is viewed as a document in the eyes of their computer. If you changed your address, relax. All you will get is the confirmation of address change. If you did not change address, I am not sure what it could be.
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Your I-129F case will be administratively closed and you will have the only option of proceeding with I-130. Many people here on VJ have been reporting a backlog in the USCIS-NVC case transfer the last few days. It was taking sometime for the case to be entered into the NVC system. Hang in there. You will get your case number soon.
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That should be enough. If you have more evidences, just be ready with them at the time of the interview. For the application to proceed, what your fiancee have submitted will suffice.
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You are correct. Absense of 6 or more months breaks the continuous residence requirement. Absense of one 12 or more months may be considered voluntary abondment of residency.
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Does it make any difference if the AR11 is filled in and submitted online before POE?
No you cannot do that. You cannot submit AR-11 before the approved 230 form is in the system (i.e the alien is properly registered). If you submit it at the POE, the AR-11 will be processed right after the 230 form is processed.
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1. I have no advice. Perhaps another member will help.
2. Use a reliable PO Box address that is regularly checked. No need for the kebele address. Write it like this:
PO Box XXXXX
Addis Ababa, Ethiopia (replace appropriate city if different)
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The officer did not say anything because your travel plans of 14 days was not a problem that would affect your application. Unless those days would have broken your physical presense (which means you have been absent from the US for half [-14 days] of the time you were permanent resident) it will not have any affect on your application. The USCIS will send you a form that you will have to sign the day of your oath ceremony and in that letter, you will be asked whether you have traveled between the interview and that day (oath day). The only thing you need to say yes and indicate how many days you were outside of the US. Don't worry, carry on with your plans.
If you travel conflicts with your oath ceremony schedule, you can re-schedule your ceremony by returning the appointment letter with a note "Please re-schedule"
N400 April 2011 filers
in US Citizenship General Discussion
Posted
I have been looking around the internet for the KC oath scheduling and finally found my answer. It does take at least 2 grueling months from the interview to the oath ceremony. Oath letters were sent for the 8/18 ceremony on 7/20. So you should have been in scheduling que before 7/20 to make to the 8/18. Now that you and I are in the que, we will be in either the 9/15 or 9/16 whichever they schedule. If it is September, I would like it to be on the constitution day event. It looks like they send the oath letters of the next ceremony right after the preceding one. The MO district court that administers the oath is kind of small (not the hall but the courtroom) and that may be why it fills up pretty quickly.
Anyway, 9/15 or 9/16 (would prefer the latter).