Laura&Nando

I sent her a message asking her about this, ill cut and past her reply----

I beleive that the first time I entered the US was when I was 1 year old

I enteres the US several times and stayed for years

the last time I entered was in 2004 I beleive and left on 2009

If she was a child when she overstayed tourist visas, there's generally some more leniency since she was a minor and not in control of her circumstances. Time and time again VJers stress the importance of HONESTY with USCIS. The can find out ANYTHING if they put their minds to it, it's better to be honest and upfront about things. As another commenter said, I believe your wife can apply for a waiver regarding overstays of past visas.

I am not sure about the whole name thing. My husband is Ecuadorian, so he's got the whole two-last-names things. From what the officer told us at our residency interview, the name on your visa (remember this is a NEW one she's getting now) must match the name on your passport. If name change has happened, you will document that in the biographical form (G-325A I think). You can also write an appendix to that document explaining what you told us about the father and names and why the name may be different between the birth certificate and her passport. Make sure it's very clear. That same goes for her stolen visa. Write a letter explaining when it was stolen, what actions she took, and that she failed to report it to USCIS for whatever reason.

As far as her mother, I seriously doubt that her status will be affected by your marriage. The only time parents come into the equation would be on the biographical form. There, your fiance would write her mothers name and city/town and country of residence. Here a white lie might be ok - you could write "unknown." The purpose of this section is to make sure that you two are not related.

Thanks for everyone helping on this forum! This is my first post and would love some answers! I am going to be starting the I-129F form within a few days. I am an American citizen and she is Italian, no job, no money, and lives at home with her parents. I just mentioned that because it does affect the VWP which I also have questions about.

First off, my girlfriend does not have a passport yet, she won't be getting one for over a month and I want to file the I-129F form ASAP. For the I-129F does she need to have a passport? I ask because there is a section where it asks for her passport number and expiration dates.

Also I have read somewhere that she needs police records from everywhere she has lived from age 16? Is that true?

She also wants to visit using her VWP during the processing time, possibly for 3 months. Is that going to be ok or will they be suspicious if its 3 months? What part of the processing time has the most downtime and is best for her to visit, for example like after the interview?

Last question, her consulate is very far from her hometown, will she only need to make one visit for the interview?

Thank you so much for everyone's help! We will keep you updated with everything!

Let's see - I don't think she can visit you after her interview because at that point she will either have been approved or denied. If she is approved, the next time she comes to the US should be to move there, right? You are told immediately if you are approved (unless I'm forgetting - I was petitioner like you, so I might have faulty memory of my husband's retelling). She will get her passport with the visa back within 2 weeks. The best time for her visit during the process would be after you submit it and while you're waiting for the NOA2 (that says you've been initially approved). This is the longest period - for us it was about 6 months.

She will only need to make one visit as long as she has everything in order when she goes. My husband had to travel 18 hours by bus for his interview. We just were meticulous about making 2 copies of EVERYTHING for the application. I kept one in the US and took him the other set when I visited after we filed. If she has to go back to the embassy because something is not complete, she can ask the officer to schedule if when its convenient for her (but it may not be possible, and he may not be understanding).

Good luck!

I didn't tell completely truth the consequence is what I'm worried bout in this case...

But thank u all! It seems like not really a relevant problem.

But you didn't lie either. From my point of view, it wasn't any of their business before since you didn't know at the time that you were going to be marrying this guy. It's probably not in your file that you said you were there just for tourism. They don't write stuff down that you omit. Don't worry.

As I recall, we paper clipped them for the K-1 application. But we just did our AOS and we stapled them. I don't think it matters. Good luck.

If her green card is in process, I would have her immediately make an Infopass appointment at her local USCIS office and let them know she has left the marital home and why she has left. If the green card were to get approved, it would be mailed to her husband (assuming she used their joint address as the one on the green card application) and she may have a heck of a time getting that from him. She will not be removed or denied her green card because her marriage broke down. She just needs to act in a way to protect both herself and make sure she has her green card in her possession to prove her status here. She'll likely need it as she moves to create a life without him.

Yes - this! The Infopass appointment is the best way to go. She should take all the documentation that she has with her regarding her original visa, her AOS application, and the court proceedings from when he strangled her, 911 phone calls, etc. Survivors of abuse are never treated unfairly, but she must act to protect herself from a possible lapse in her status. Definitely have a CHANGE OF ADDRESS done IMMEDIATELY. Her husband most likely will make this entire thing hard for her - tying her legal status to him. THAT IS NOT THE CASE. He does not own her, he cannot control her. She needs to make sure that the change of address is to a secure place where she knows that she'll have access to the mail. I'm not sure if USCIS allows for PO boxes, but it's not a bad idea in this situation. I'd strongly recommend contacting an organization that works for immigrant survivors of abuse, I'm not sure where you all are located, but google "immigrant survivor of abuse services in...." and include your city/state.

Best of luck to your friend. She's doing the right thing by getting away from him.

You can do a STOP PAYMENT on the check. Do that IMMEDIATELY. Call your bank's 1-800 number NOW and ask them to stop payment on it. The government will try to cash the check, when it doesn't work, they will send a notice that payment was incomplete. Then you can write a letter explaining the situation, formally canceling your application, and putting an end to it. It's important to write a letter because if you every apply for a K1 visa with another person, this one will show up in your history. If you don't write, they might perceive you to be unreliable, which you're not - you're very smart and careful.

BTW, I think it's GREAT that you've made this decision now. Better now than years later. Good luck.

Looks like OP sent the petition on 9/25 I am sure the check has been cashed and if she tries to stop payment they will probably start collection actions. I believe I seen somebody else on here recently say they stopped payment and are now being asked to pay it.

She can check online to see if the check has been cashed. If it hasn't, she should stop payment on it.

The issue with this is that your fiance has demonstrated a failure to commit to a marriage (this is something you already know). What you can expect is that they will require more evidence (as another VJer said) of a strong relationship. They may require a second sponsor in the US so that if you and your fiance do split up, you won't become a burden to the state. Your fiance will (and may already have) commit to supporting you (this is the affidavit of support). This is a contractual obligation between him and the US government. If you marry then divorce, your husband can write saying that he withdraws sponsorship because of whatever reason. Ultimately, I don't think you have much to worry about IF your relationship is genuine and you trust him. But, you have to ask yourself - do you really want to marry someone that has been divorced SIX times? Carefully think about what would happen to you if you move to the US, are completely dependent on him, and then you break up. Love CAN conquer all - but don't let it conquer your common sense and planning.

Good luck!

Thanks everyone! Your answers have made us feel more confident. We might ask a few people to write letters talking about our relationship, etc. I like to be over-prepared. But this part of the process is DEFINITELY a lot less stressful than when we were separated during the I-129F process.

Thanks again!

Alright, so my husband and I have been married since June 17th, 2012, and he came to the US from Ecuador on the K1 Fiance Visa. We filed for AOS on June 22, and just got the letter saying our interview is for September 20, 2012. Our marriage is 100% true, legitimate, faithful, etc. etc. However, I'm afraid that we'll have a hard time proving it for a number of reasons.

1- Joint Lease. I signed the lease last August and it runs until September 1st of this year, so he's not on the lease. After it expires, it automatically switches to month-to-month which is PERFECT since I'll be graduating from graduate school in December and we might be relocating to another state. He DOES have his address there with his library card, bank account, social security, school records (he studied ESL where I teach for 2 months), and his drivers' license. He's not on any utilities, but I suppose we could try to switch them.

2- Insurance. I don't have health insurance currently because I'm a part time graduate student starting this semester and can't afford a policy, so we don't have joint health insurance. Now, if you think we'd be able to afford life insurance when we can't even afford health insurance, you're crazy. So that's no go. Car insurance is a problem since the car we use is in my parents' name and he's not on the policy. Is this a big problem?

3- Bills. As I said earlier, his name isn't on any of the utilities because he's not working so he has no credit in the US anyway, but we could try. He has a cell phone, but he's on the family plan with my parents and me, so all of our cell phones just say my father's name.

4- Joint checking account. We haven't gotten one yet because we've had such a busy last few months with a million different things. I wonder if it will look suspicious if we get a joint account after we got the notice for the interview?

5- Photos. We have got some photos of us since the wedding, and obviously a lot from the wedding. But not a ton since we're living on a tight budget (remember I'm a grad student and he hasn't been able to work since he was on the K1 visa), so we haven't been doing a ton of "photographable" things.

What other ways can we prove our relationship? We're creating a cooking blog for fun, would that count? what about "check ins" on facebook? Should we ask my bosses who know him well from when he studied at my university to write a letter? What about my family or friends?

Thanks for any advice you can give!

Laura&Nando

We sent ours off June 27th, and got a RFE. Just sent it back and they received it July 27th. We go for biometrics tomorrow here in Alexandria, VA. Any ideas how long until we interview and we get his residency? We're so ready to be done with this part of the process!

Hi all,

We are trying to figure out the processing times for our AOS that we sent off on June 27th. We got request for initial evidence on 7/20 and they receive our response with the correct stuff on 7/27. Now I'm trying to figure out how long it might take for our AOS. According to USCIS.gov, they are reviewing our case at the NBC. But processing times for the NBC do not include AOS (I 485). And when I go into the "check case status" and do the little thing at the bottom of the page to check processing times it doesn't work. I select I 485, but it wants me to select a "sub-type," and none of them are I 485 based on marriage to a US citizen. The only options are the Hatian refugee thing, AOS from work visa, refugee here for 1 year, and asylum here for one year. My husband came on a K1 visa.

Any ideas how we can find out the processing time? We live outside of DC, and he goes tomorrow for his biometrics in Alexandria.

No it doesn't but it helps him get put on a shared bank account / shared credit card / health care / drivers license / car insurance etc.

Perfect! A bank account is one of the things that constitutes a Virginia residency.

Thanks everyone!

The SSN he can apply for 2 weeks after entry.

Oooh, ok. Thanks. But the SSN doesn't give him a proof of Virginia residency. And we'll be living at my parents' house so it's not like he can change the utilities to his name.

My fiance is coming in Virginia in one week (yay!! finally!) and we're wondering about the process of getting his driver's license. DMV for VA says that you need identification (foreign passport with the I-94 is acceptable) and then proof of Virginia residency. How is he supposed to get that proof? All of the options (utilities for example) require US or state specific identification or a SSN which he won't have for a long time. Any ideas? How long will he have to wait? I was hoping that he'd be able to get it as soon as possible so that he wouldn't be so dependent on me once he gets here.

He's coming from Ecuador. Does anyone know anything about international driver's licenses/permits?

Thanks!

Congrats!

SH&E, any word yet??

Our K-1 Fiance visa was approved today in Guayaquil, Ecuador. I cannot express the relief I have. Thank you to everyone here who helped me during freak outs and panic attacks. This community is awesome.

<3

Laura & Nando

36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?

Yes No If Yes, Who?

I'm confused because we are applying for a K1 visa and he's planning on living here, but the forms that we're filling out all say nonimmigrant visa. Do we put yes or no? Thanks!

Hello again!

So we're still waiting for the NOA2, but I'm expecting it kind of soon (fingers crossed). I do not meet the minimum income requirements to sponsor my fiance alone because I'm a grad student, so my father is going to do the affidavit of support as well. How do we do them together? Do we simply fill two separate forms out, mail them to my fiance in Ecuador, and he presents them at the interview? Or do we mail them together to USCIS?

Second detail, since I filed the application, I have moved. Now, the address I provided on the 129F was my parents address which had been my permanent address, but my new apartment (where my fiance and I will be living) required me to change my address on my driver's license. Do I need to file a change of address with USCIS? How do I do that?

Thanks so much!

Congratulations! That's fantastic!

I sent my 129F five days before you two did, and it went to the Vermont Service Center as well. We haven't heard back from them since the NOA1. :/ Hopefully your approval will mean that we're not far behind you.

Again, congrats!

I'm reading over the OP's post and I see that you recently filed the I-129F (about 2 months ago). I'm not sure how the timelines are going these days, but it took us 6 months from NOA1 to interview... You will likely need to do the affidavits of support again because, as stated here, they must be signed within 90 days of the interview and your interview will likely not be in 90 days. Plan on going to Ecuador to attend the interview, it is very important specifically at our Guayaquil consulate.

Good luck!

It's impossible for me to go to Ecuador for the interview. I'm a graduate student and I have no money, which is why my father is doing the affidavit of support with me. I went to Quito this summer to visit him during my vacation and I cannot afford to do it again, especially if it will just be for a few days in the middle of my semester. My fiance lives in Quito and will do the interview there. Is it a big deal there as well? Thanks.

Ok, so I have a few questions about the affidavit of support. To give you some background, I am from the US and my fiance is from Ecuador. We filed our 129F Petition on July 7th and received confirmation the I-797C, Notice of Action on July 11th. I went to visit him in Quito from 7/9 - 8/10 and while I was there I took an affidavit of support from my father. But, now I'm realizing that I may have done the affidavit stuff incorrectly. So here go my questions.

1) I am a full time grad student. Do I need to do an affidavit of support or can my father just do it?

2) Another friend is doing the F1 Fiance Visa as well and told me that an immigration lawyer said that the Affidavit of Support should be file in the US, NOT in the beneficiary's country at the US Embassy. That's not what I understood from visajourney.com. I thought that my fiance had to take the affidavit of support with him to his interview. What's the truth?

Thanks everyone. This whole process is confusing and frustrating and taking up way too much of my time.

FYI - They got it the next day, USPS said it was delivered, I got my NOA1 about 3 weeks ago. Waiting on the NOA2.

Thanks, everyone. That's a load off my mind. This whole process is stressful (as you all know) and I hate having to jump through so many hoops!

OK. So, Tuesday afternoon I took the I-129F package to the post office (USPS) and sent it off with the U.S. Postal Service Delivery Confirmation Receipt (not the signature confirmation - just regular priority mail, not express or first class). I have been tracking it and at 10:30am, USPS attempted to deliver it to the address I gave (the P.O. box in Dallas). According to them, however, there was "No Authorized Recipient Available" and they left a notice. I don't see anyway for me (the sender) to get the package back, but USPS says that if the package isn't claimed within 15 days they will return it to the sender. The problem is that in 15 days I will be out of the US (visiting my fiance, as a matter of fact) and won't be able to receive the package or resend it. Also, we've been trying to get him a visa for about a year now (having not found the resources to do a student visa, we decided to do the fiance visa). So, clearly, we are both a but anxious for this process to hurry up so we can be together already (we haven't seen each other in more than six months).

So, my question is this, has anyone had a similar situation before? Again, I didn't request a signature confirmation, only a delivery confirmation and on the receipt I have it doesn't say anything about there needing to be someone there to accept the package. I can't really re-do the whole package since the documents had original signatures from my fiance who is not with me right now. Any help?

Thanks guys.