garmar

I would call the USCIS phone number and ask how it is that you were denied an appeal you never filed. I'd also check the status of your original K1 application and see if it is still active. If the agent you speak to seems confused then just call again until you get someone who can give you some information.

My wife came to the US on a K-1 last year. We applied for AOS in December. Still have heard nothing 8 months later. We have friend who did the same thing. (Wife also from Philippines). The got their green card last month. They applied just a couple of weeks before us. Had no interview requirements. My question is this: Will the fact that I have a felony conviction from 25 years ago affect the time frame of the AOS? (drug charge which was blown out of proportion) Will that make it more likely that we will be required to have an interview. Also, if we have an interview in 2 years will the same income requirement still be in effect for me to remain her sponsor? We are building a family and it would be a disaster if she were to get deported. Any input would be helpful.

I am 4 and a half months now since filing my i-129f. I received a RFE last week for a missing passport photo which I sent in overnight mail. I'm expecting a noa2 any day now so I went ahead and got my bank letter and got my i-134 notarized. It takes up to 2 months for mail to get to my fiancee who lives in a remote part of the Philippines. Plus the bank letter takes a week so I didn't want to cut it that close. I figure that if I don't get the noa2 in 2 or 3 weeks then I probably will have to go through this process again so as to have a more current i-134 and bank letter. My question is does anyone know if there is any specific rule stating that these documents must be dated after the noa2 or is it just a matter of it being as recent as possible?

Wow it looks like this is the March whiners thread. Exactly what I needed. I really need my NOA2. I'm past 4 months and not getting any satisfaction from VSC. WAAAAAAAAAAAAAAAAA Yes all of the people at VSC are devils . The hate me and they secretly wish that we would break up and cancel our petition or just die. They leave our file at the bottom of a mountain of newer petitions and they laugh at us every day because we endure a long distance relationship. They think that we are hopeless dreamers and they delight in our misery. I hate them.....I hate them.....I hate them. Thank you for listening

Interesting that AI422's petition was not approved until over 6 months which seems to be a bit longer than the average right now. Maybe he hasn't updated but it looks like he is being held up at the NVC level also. They say the squeaky wheel gets the grease but sometimes when you open your mouth at the wrong time you can get a mouthful of S!@#. I also would like to see things moving faster. Please VSC Gods.....hear my prayer.

Background checks are done at several points in the process, not just once. The adjudicator puts your name(s) into a program while they do their other checking. If your background check comes back "clear" they sign off on it and it is done (for that step)It takes only a few seconds. It will be done again at NVC and probably at the consulate level. If there is a "match" they kick it out for a "manual check" which can be done by USCIS or by the FBI which has a presence in the building. USCIS uses the G-325a to "troubleshoot it" If your name...John Dillinger, for example, kicks it out, the G-325a and other documents can pretty easily show you are not THE John Dillinger. If it gets given over to the FBI, I do not know what they do with it. Neither does anyone I know at USCIS. I suppose they do whatever they do for background checks. The FBI keeps saying they will, or have, increase their efficiency of background checks.

You seem to have a good understanding of what goes on at the USCIS. I thought you might help me to understand. When I plug my receipt number into the USCIS web site I get "Your case can not be found at this time in My Case Status." I called and they said that it is being processed but there is a computer problem which means I can't follow my case status. Does this mean there is a big problem that will likely slow my petition down or is this common? I am at 4 months now waiting for my k1 NOA2 & still nothing. Is there something I can do to find out what is happening? Is it possible that my one nonviolent arrest from 25 years ago is slowing things down or creating a problem? Any advice from anyone is appreciated.

This evening when I tried to log into the USCIS website to check for any activity I was not able to log in and I got the following message

"It was reported to us that your computer or internet gateway has been locked out for a select period of time. This is due to an unusually high rate of use. If you feel this has occurred incorrectly, please contact the Customer Service Center for assistance at 1.800.375.5283."

Has anyone else every had this happen to them? I do log in once or twice every day just to check for touches or other activity but I never expected to get locked out.

I have been locked out since I first got my receipt number. They said that there is a problem with the computer and my case will be processed normally. For some reason I feel like there is going to be a problem. Does anyone else have this problem?

<!--quoteo(post=3379444:date=Oct 6 2009, 09:13 PM:name=belinda63)--><div class='quotetop'>QUOTE (belinda63 @ Oct 6 2009, 09:13 PM) <a href="index.php?act=findpost&pid=3379444"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->I have a load of misds. and one felony. Other than asking my fiance a few questions to make sure he was aware of my history there was no problem.<!--QuoteEnd--></div><!--QuoteEEnd-->

You are lucky. If it was the American male petitioner with the felony + misdemeanors, the IMBRA laws would insure that the application would stay in NVC for a long time.

Where did you get that information that the Imbra laws insure that an application is delayed? My understanding was that imbra on affects those convicted of sex and domestic violence crimes and in those cases the petition is denied before it gets to the NVC. Could you elaborate on that?

Just to add to the list of comments I've heard.

-You will be kidnapped when you go there and held for ransom.

-It never works with younger girls because you can't relate on any level (From a 40+ ex)

-Well if you can keep her for a year then at least you will have a year of fun.

-Young is where it's at brother. Go for it & enjoy the good aspects of that. (From a good friend)

-Are you planning on bringing her out and meeting your friends? (duh..No I plan on chaining her up in my basement lol)

-I thought you had higher standard than that (from a jealous potential gf. who happens to be uneducated and unemployed)

-I guess you have a new daughter now (from my very spoiled but loving daughter. Thank God her opinion is slowly changing)

-You are going to be adopting an entire family. (not sure just how valid that comment may turn out to be)

-Congratulations...You seem really happy and she's absolutely beautiful. (from someone who truly cares)

- What happens when you are 70 and she still wants to have fun? (From Mom... My answer was she'll be 50 Mom & she said oh that's true)

-The the only thing that really matters is love. (from almost everyone whether they agree or not)

I'm a March Filer. I think. I sent my petition in late March but got my NOA1 on April 4. Does that make me an April filer or am I a part of your club?

AAAAAAAAAAAAAAAAAAAH!!! WAAA WAAAAAA WAAAAAAAAAAAAA!!!!! Thank you very much. I needed that.

If the phone calls aren't costing you a lot then I suggest you make the calls. Can't hurt. Sometimes it just depends on who you talk to.

Just bringing light to the obvious. If your fiancee obtained the form online or through the USCIS it would be difficult to avoid the overwhelming amount of information on the subject of applying for a k-1 visa. Are you sure that your fiancee truly has marriage in mind? Have you considered the possibility that your time is being wasted by someone who wants to remain single and just doesn't have the courage to tell you? It's not my business but these are questions you should ask yourself.

We didn't send anything else than the actual form, we had no idea. Thanks a lot for pointing that out it's kind of reassuring to know that it's ''only'' because we overlooked the application process, and not something more serious like me not being eligible or what not. That's still to figure out when we receive the letter but now it's pretty obvious why it was denied.

Maybe someone can help us with this: Does anyone know how if once we re-submit the demand with proper evidence, is it going to take roughly the same amount of time for them to reply, or is it going to be quicker? I've only got 4 months and a half left to spend here in the US this year and I really really hope to get this done by then!

Thanks for your support and we'll let you know what the letter says when we receive it.

I understand your frustration and disappointment. You feel that your conviction for battery on a child makes no sense because you never came on contact or communicated with a child. But to answer your question of what you did wrong....You got convicted of a felony. From the perspective of USCIS it goes deeper because your crime directly involves violation of the AWA even if it was simply battery which it was not. My suggestion is that you understand the seriousness the issue of child porn online. It is not a victimless crime. Without a market these kids can't be exploited. It is up to those who find this stuff interesting to do their part to stop it. In dealing with the USCIS you can file an appeal. But I would suggest you undergo some sort of counseling so you can show that you are reformed. An appeal is not likely to be successful without it. If you have any other convictions at all your chances of success are going to be significantly less. I'm not sure if you are able to sponsor a marriage visa without AWA problems but you should look into that also. Best of luck to you and your fiancee.

Was your I-129 denied because he had more than 3 convictions? Or is there some kind of law that states anyone with convictions deemed as violent are not eligible? My understanding is that if you have less than 3 convictions which do not fall under Adam Walsh and are not sexual in nature then you are eligible and should not be denied. Yes I understand that the you have 4 convictions but still your statement about violent crimes puzzles me. Are all of the crimes felonies? Are misdemeanors counted with the same weight as a felony?

k1 petition was denied because of IMBRA. usc petitioner had 1 drug and 3 dui convictions several years ago. yes, the beneficiary is aware of the criminal history, right from the start. we didn't know that a waiver would be required since we didn't think they were violent offenses because there were no victims. but the denial letter stated that we needed a waiver for the criminal offenses because they were deemed violent offenses, and we didn't have one. had we known, we would have sent one, along with evidence that petitioner is now clean. we have decided to go the I-130 route, to get a CR1 visa. it is our understanding that only Adam Walsh Act offenders are prohibited from filing an I-130 petition, unless there is a waiver. is this true? we would like to get it right this time. we just want to be together, and the distance and waiting are taking a toll on us. we don't want another denial. thank you so much for any input. another question is, should we get a lawyer?

I'm concerned with your statement "Unless you have 2 cars it won't count" There is nothing on the I-134 or I-864 that says that personal property is counted at all.

I am considering buying a second car so I can use my car as an asset. Not sure though. How did you get that information?

<!--quoteo(post=3111033:date=Jul 12 2009, 10:44 AM:name=thepizzadude)--><div class='quotetop'>QUOTE (thepizzadude @ Jul 12 2009, 10:44 AM) <a href="index.php?act=findpost&pid=3111033"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec--><!--quoteo(post=3105749:date=Jul 10 2009, 02:39 AM:name=tomi)--><div class='quotetop'>QUOTE (tomi @ Jul 10 2009, 02:39 AM) <a href="index.php?act=findpost&pid=3105749"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->If you owned your business and on your tax paperwork, you showed loss. Will that count against you? will that give us a RFE or Red Flag?

<b>It depends if you are saying your business showed a total loss or just lost some money for that time period.</b>

I only had my business for half the year last year and I worked right after that. The total income is well over $20K which is above the poverty level?

<b>When you say the "total income" is well over $20K. Do you mean the sales are well over $20K before you take out expenses etc...OR after your losses the leftover money is well over $20K?

</b>

Also, lets say, I made $8k working for a business, and I have a $20K car.. How do I calculate the car as an asset?

<b>Unless you have 2 cars it won't count. The $8K will count if you have a 1099 or w-2.</b>

<b>Like Gary said Line 22 on you 1040 federal tax form is the # you need to be concerned with.

Good Luck</b>

<b>BTW I have my own business and dealt with this issue quite extensively last year moving money from one place to other to qualify without giving up ALL my allowable write offs. This process is very unfair to the business owner, you must give up GENUINE allowable expenses sometimes to qualify, and that in my opinion is unfair.</b><!--QuoteEnd--></div><!--QuoteEEnd-->

<!--QuoteEnd--></div><!--QuoteEEnd-->

As a small buisiness owner myself, here is MY 2cents worth here...

You do not necessarily HAVE to write off losses in the same year that they occured as a 'loss' or 'expense' to your buisiness. Some losses may also be written off over a period of time instead of all at once in a single year (The 'leasing' of a buisiness vehicle comes to mind here vs. just straight up buying one outright for cash... You STILL got a buisiness vehicle but you spread the loss out over a period of time instead of it occuring all at once... ) 'Depreciation over time' is also something to consider here... <img src="http://www.visajourney.com/forums/public/style_emoticons/<#EMO_DIR#>/good.gif" style="vertical-align:middle" emoid="" border="0" alt="good.gif" />

Another Example: I could buy some tools or supplies for my buisiness this year but 'misplace' the receipts and not actually write them off until next year or the year after... It is still a legitimate buisiness expense and you are not forced to write it off in the same year that you incurred it. This would make your buisiness income appear higher for that year. <img src="style_emoticons/<#EMO_DIR#>/innocent.gif" style="vertical-align:middle" emoid="" border="0" alt="innocent.gif" />

You can also move the income numbers from one year to the other by planning your purchases in advance and timing them correctly. Ex: If you know that your buisiness income is too high for the year and that they are going to kill you on taxes, Go out and buy the stuff you were planning to purchase for the buisiness in the following year NOW so those legitimate buisiness expenses can help offset the higher income on this years taxes. Same idea also works the other way, If your buisiness income is too low this year, put off spending that is not absolutely required to keep things going. Let the 'inventory' run low for a bit and then stock back up after the new year rolls around... <img src="style_emoticons/<#EMO_DIR#>/innocent.gif" style="vertical-align:middle" emoid="" border="0" alt="innocent.gif" />

If you sit down with a 'good' accountant / tax preparer and explain what you are trying to do here they can help you get the number to 'do right' without you having to worry about an audit. It is best to see one sooner than later... <img src="style_emoticons/<#EMO_DIR#>/whistling.gif" style="vertical-align:middle" emoid="" border="0" alt="whistling.gif" />

Taxes suck!!! <img src="style_emoticons/<#EMO_DIR#>/devil.gif" style="vertical-align:middle" emoid="" border="0" alt="devil.gif" />

A good accountant / tax professional can advise you and help you keep those numbers where they need to be to meet your goals.

Typically Line 22, not line 37, on the form 1040 is the number evaluated for self employed persons.

OP, you could go back and amend your most recent (2009) 1040 if that will get the number within range. Of course you may have additional taxes to pay with your higher income.

I have been told it is line 37 not line 22 that is used to evaluate income. There seems to be varying opinions on this. Is this something you heard from other bloggers or did you get that information from the consulate?

I have a similar situation except my income is right on the margin for 2010. Also I was told by a Visa specialist that they go by the adjusted gross income not the total income (line 22). Wish someone knew a definitive answer to that one. I am going to send my 2008, 2009 and 2010 transcripts as well as returns. I am also sending a Profit and loss statement for my business for 1/1/2011 to current date. I believe having it endorsed by an accountant also helps. I also have taken on a part time job to add a few thousand to my current income. Inconvenient yes but if we got denied I would certainly be looking at those options so why not just get it right the first time. I am still questioning as to whether they use the income guidelines for 2010 when evaluating 2010 income or do they use the current 2011 guideline which is $18,387 for two. Does anyone have any input.....suggestions etc.??

I would not argue that there is no prejudice in the process but the go by certain guidelines which are aimed at allowing only those who can show they have a good reason to return. Owning a house, business or just having good opportunities in the Philippines demonstrates a reason to return. Skin color may warrant a closer look by some COs but they do have specific guidelines. Unfortunately they rarely offer tourist visas to people who are filing for a K-1 or for those who are in the lower income brackets.

Face it the whole process is slanted in favor of white couples , who use visa waivers to visit all during the relationship. Those of us with a partner from a non white area have to hope that partner has several times the average income from that country just sitting in the bank for years to be able to visit us. This process doesn't come anywhere close to being equal and without prejudice. It favors older white men bringing younger partners. It favors white couples.

I am very much interested in knowing just how certain it is that a car can be considered an asset for the purpose of I-864 or I-134. I have a valuable car which is paid for and I'd like to use it as an asset. I intend to buy a second car soon to replace my second car recently lost in an accident. Can I be certain that the value of my first car will be considered an asset to offset my small $50 deficit in income for 2010? I would assume that the $250 cash would cover it as I have over $6000 in cash deposits but I am concerned because my 2008 & 2009 income were below the 2011 requirement by 2500 and $3000 respectively and my 2011 income is on track to be over the requirement but of course I have only business checks to prove it. Not tax returns or transcripts as they would prefer.

If I can use the car I'm in good shape but the instructions on the I-134 indicate that cash assets are what they are asking about. The form does require me to tell the value of my deposits and personal property but personal property is certainly not included in the assets needed to qualify. Only Cash. At least that's how it seems but maybe you know something I don't. Your help would be appreciated.

The call is definitely made by a Consular officer. In my experience Consular officers use the following guideline from the I-864 instructions even when an I-134 is used.

Assets may supplement income if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members. You may not include an automobile unless you show that you ownat least one working automobile that you have not included.

Also, in my experience, Consular officers do not consider liquidation of the family home to be something done "without undue harm...". Is your experience contradictory?