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Frank and Racquel

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    December 2011 IR-1/CR-1 USCIS Filers

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted · Edited by Frank and Racquel

    NVC qualifies and makes a visa available to you, let me rephrase that, IMMIGRANT Visa available to you. Then they send your case to the appropriate Embassy and set your interview appointment. The Embassy will have the final say. K- visa cases are forwarded over to the appropriate Embassy for processing. K-visas are not immigrant visas. NVC does not approve your K-visa. Maybe that was not clear in my previous post because I assumed people would know what I meant since this is not a K-visa forum, its a IR-1/CR-1 forum and I was referring to the Immigrant visa. The NVC National Visa Center most certainly does approve your case for a immigrant visa, without NVC approval of all your documents you cant continue on to the Embassy phase.

    Also, if you list an Embassy that can not conduct an interview or process your case, NVC will assign you to the appropriate Embassy and notify you of the change. But the general message is correct, NVC sends your case to the Embassy you select on your form or to the appropriate Embassy.

    December 2011 IR-1/CR-1 USCIS Filers

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    Going through the NVC is easy for the K-visas because the NVC just sends your approved case from USCIS to the Embassy you list on the I-129f. But for the I-130 which is the CR-1 visa aka Greencard , they actually process you and approve the visa, this is why it will take longer for us to get through NVC. Make sure you triple check your papers before sending anything to the NVC. Once NVC approves your case they are going to send your file to the Embassy that will conduct your interview, NVC will also set up your interview date and send you the date in an email. On this date you must have everything ready and appear for the interview. Hopefully you will get someone pleasant and all your papers will be in order and your beneficiary will know all the answers or right things to say. They ask simple questions but its the simple questions that will trip you up. Guaranteed they will ask first question " where did or how did you and your spouse meet? and when? " LOL dont get too specific. For example , if its me they are asking I would say " we met online in april of 2010" .period. I'm not going to get into details because that can lead to me saying something else that doesn't sound right. For example, we met specifically on xyzheart.com, but really thru that we became facebook friends and thats where we started our relationship. and then facebook is mentioned, this CO might want to say oh which is it facebook or xyz???? they look for this kind of thing to trip you up. They conduct the interview in English. If your spouse doesn't understand a question tell her not to answer it because it might be wrong answer, tell her to clarify the question. If the CO has any doubt that you 2 are really living as husband and wife, they can deny you. And their definition of husband and wife might be like their own marriage, their version. Anyway the questions are simple so just keep the answers simple. They will ask when is the last time you 2 were together? They might ask "does your husband have any kids?" if your spouse says yes they will say " what is his kid's names and how old are they?" She better know the answers. Anything that a normal married couple knows about eachother they will ask and expect the right answer. Don't just think your going to walk into the Embassy and pay your fees and walk out with a visa. They dont care how much you paid or how much time you have in this thing.

    December 2011 IR-1/CR-1 USCIS Filers

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    Actually this is the easy part waiting for the NOA2. Its NVC and your Embassy interview you all need to be focusing on. NOA2 does not mean you are getting , awarded, or entitled to a visa. It just simply means you passed the part where the US Government recognizes the beneficiary is indeed your relative. I been through 3 US Embassy interviews. The CO who does your interview has more power then GOD. If he or she says no, its NO. And good luck with the appeal, if you can afford it. Please, just review the help guides available from this website and talk to others who have gone through and passed interviews at the same Embassy your planning on having your interview at.

    CFO Orientation

    in Philippines

    Posted · Edited by Frank and Racquel

    I am not sure the address of the CFO. It is in Manila. She is gone to Province to celebrate Mother's day and her departure on Friday. I will ask her when she skyps me.

    If you go to the one on taft accross street from de la salle university, it peoples reform something or other. Then CFO office is not far, after orientation take a taxi to CFO, its on Pres Quirno blvd. not sure of the spelling lol. This is your best bet, they dont hassle you on the paperwork as much as the other place that offers the seminar.

    CFO Orientation

    in Philippines

    Posted

    Another example of how out of control those folks can be at the counseling sessions.

    "The lady at the CFO Orientation asked her for my proof of support and proof of employment. Right when things seem to be over the Lady wanted to see my driver’s license. Luckily we included the license in the document binder. Then she asked for a copy of my Passport. Then the lady asked her Parents to produce their driver’s licenses."

    Those females at SMEF-COW and PRISM really are drunk on power and high on bureaucratic-crack!

    And most of the time they dont have a clue to what they are talking about, misinformation galore!!

    Should I give up or fight for him?

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    (I apologize now for the length)

    I thought I would never have to write a topic like this. I've seen similar topics and I would always feel so sad for the person, and never thought it would happen to me. But alas, it has…

    Before I delve into my current situation, I want to give a bit of a back story. My husband (Ben) and I first met in January 2010 through a mutual friend on Facebook. He added me and we began to talk for hours every day. Two months after Ben added me, we finally arranged for me to come visit him in the US. I had started to develop feelings for him, but didn't act on it as I was still in a relationship at the time (but it had gone very sour for the past few months). By the end of that five day visit though, I realized I couldn't keep these feelings to myself. So Ben and I talked about we both having feelings for each other. A few days later, I finally broke up with my boyfriend (which I had been wanting to do for awhile…). Ben and I then began discussing how our relationship would work as he was inthe US and I was in Canada. We thought the fiancé or marriage visa would be the right way to go. And on my next visit to the US (just a few weeks after my first visit), we got engaged on April 16. I visited him I believe two more times, just for the weekend as I was in school still. Then, I came down to the US for a 3 month visit, in which, near the beginning, on May 21st we got married. After I returned back to Canada in August 2010, and after 2 denials at the border, we filed for the I-130. Nine months later, and five visits with Ben coming up to Canada, I had my visa in hand and moved to the US in May 2011.

    At the beginning, once I got there, things seemed fine. We both had good times, and were romantic. Then, sometime around the fall of that year (2011), I noticed Ben was more distant, romantically. We still had good times and such, but he wasn't holding my hand anymore, no kisses, no long hugs, nothing. The only "romantic" thing we had was sex, although it seemed more like we were having it because of his hormones, not that he wanted to be close with me or anything.

    Then, in early December of 2011, he told me that he hadn't been happy for awhile and that his feelings for me had changed. He thought that it was because we rushed into things too fast. I told him in response that I still loved him, and despite what he felt, I knew what we were getting into when we married and I moved here. After that, we didn't talk about "it". After about 2 weeks of some awkwardness, we went back to normal (and by normal, I mean without the romantic emotions and stuff, but just having a good time). I even "dressed up" for Valentine's, hoping it would spark something, but alas, I don't think it did. We still continued to have sex, but again, like before, I think he just wanted it because of his hormones, nothing else.

    Fast forward to the night of May 3rd (last Thursday). We both have computers facing opposite walls. So, if I turn around from mine, I'm facing his. So, I was bored that night and turned around and he was getting links from a friend on Facebook that went to this DamnLOL site (just funny pictures and comics, and such). Anyways, I was leaning over his shoulder looking at the site with him and laughing. Then, he tabbed back to Facebook as his friend sent him another message. It said something along the lines of: "I'm going to take a shower, want to come with?". My husband quickly tabbed back to the site, thinking I hadn't noticed it. But I did. He then did not tab back to Facebook. I couldn't believe what I had just seen. It was late, so I told him I was going to bed, and he agreed that it was late and we should. Iturned back to my computer to close my tabs, when I saw in the reflection of my monitor screen that he had finally tabbed back to Facebook.

    The next morning, while he was inthe shower, I looked on his phone and he had a text message from the girl saying that she had hoped I hadn't killed him. She didn't reference the comment from last night, but I figured she meant that. Unfortunately, my husband deletes his text messages every day, so that was the only message from the girl. I didn't have school that morning, so when I finally got out of bed a few hours later, I decided to check his Facebook messages to see what happened after I had turned around last night. I was able to guess his password fairly easily. What I saw horrified me. I'll admit, I did not feel comfortable snooping around, but I needed to know what was going on. Don't know if I feel better knowing or not. Anyways, it seems like he likes this girl. And for awhile, it seems like they've been planning trips to see each other (she lives in a town 2 hours away) on the weekend, around my work schedule! I just couldn't believe it as he had never mentioned going to this town, so there must have been a reason why he kept it quiet. I also found more "I'm taking a shower, want to come" comments from the girl. And there was a lot of "when/if themarriage ends" comments… And much more.

    I decided to text my husband at work. I opened up with wondering if he had thought anymore about our marriage since we hadn't talked since December. He said that he no longer had feelings for me. I asked if he liked or had feelings for anyone else, and he replied with "no, that's not it". Which I was confused by as I saw some messages on Facebook with this girl that would seem to indicate otherwise. But I didn't confront him about this girl. He mentioned that it felt like we were just two friends living together. Which I have to disagree with in some aspects, unless it's friends with benefits.... Anyways we talked for about 2 hours through texts. Seems like he started to lose feelings for me once I had moved here. Says he thinks he wasn't ready to live with me. I asked if he would be willing to try to work things out, but he replied thinking it wouldn't help as he doesn't have feelings for me. He ended up returning to work, so the conversation kind of ended. The weekend went by without any reference to what happened. We had sex Saturdaynight, like there was nothing wrong.

    By the way, I'm planning a trip to Canada in the first week of June (for my uncle's wedding), and I saw in their Facebook messages about seeing each other and what they should do while I'm away. I'm scared that if go now, they're gonna hook up and do some things I don't want to think about...

    I really don't know what to do at this point. I want to get marriage counseling and see if that helps, but my husband seems reluctant to try anything and just basically thinks it's over (probably due to this girl). They haven't done anything it seems, but they doseem to like each other. I love my husband from the bottom of my heart and do not want to lose him. I would be completely devastated if we divorced. I can't imagine NOT being with him everyday. He's my soulmate… But this girl…

    I don't want advice in relation to immigration (ROC and such). I know what I'd have to do. I just don't know whether I should completely give up, move out and let him be with this girl, or fight for him, go through marriage counseling and such and try to work things out. Any advice on what I should do?

    Confront him on what u know, be honest, tell him when u go to Canada and he meets this girl then its over. Tell him to think very carefully before he throws you away because thats what he is doing, throwing you away and if its not for a good reason that he will lose you forever. Is it worth it? Ask him that. And tell him dont break your heart like that, you dont deserve that, you have been good and loyal to him. He owes you honesty. I remember when you guys where newbies here. You were always a nice person, very considerate and compassionate. Tell him to treat you what your worth.

    December 2011 IR-1/CR-1 USCIS Filers

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    Some people believe that this delay of 5-6 months just to touch our petitions is a built in protocol to test bonafide marriage relationship by causing delay and separation between a couple. What does not kill you makes you strong.

    Those who are already married for couple of years maybe don't need to be tested for that long as they have already survived the trial of time, stress and patience together as a couple?

    In the end, all these are just theories and nobody knows if these will ever be proven o.O

    I don't know, but they changed immigration laws a while ago to promote family unity and to get family together faster, this is known as the K visas. The goal was and is to keep families apart as little time possible and to speed up the immigration process. Basically to allow your spouse to join you here while going through the permanent resident process instead of being apart for a year or more while going through the process. That 5-6 month delay your talking about has nothing to do with testing the marriage. It takes 5-6 months because of budget problems and the fact that millions are applying every month. It used to take a lot longer then 5-6 months.

    December 2011 IR-1/CR-1 USCIS Filers

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    Moving is a painful process and I am sure nobody wants to do it just for fun.

    If someone did it despite knowing their NOA2 could be arriving soon, it must have been some real emergency and maybe they could not really wait another 2 to 3 weeks.

    Im pretty sure they update your file quickly with the new info so shouldn't be any delay unless they are mailing something the day you make the change, then it might go to the old address.

    December 2011 IR-1/CR-1 USCIS Filers

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    You were married since 2008-08-02 so no wonder your applications got processed quickly compare to other applicants who are married for less period.

    Congrats!!!!!!

    Yes, I think and said before that it seems like the people married for a while get faster approval. I think because there is less likelihood of fraud versus someone who gets married on monday and on friday they already are filing the papers. I could be wrong but it sounds right.

    December 2011 IR-1/CR-1 USCIS Filers

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    Thanks for the info. When I was preparing for my wife's visa file, I saw K-3 was not reducing a lot of wait time so never investigated for its fee requirement. I am not sure what's the latest fee for K-3, so can't comment on it :)

    Word is they are trying to phase out the K-3 atleast in Manila. So they sped up the I-130 process. I-130 used to take a minimum of 1 year process, filing to NOA2. We didn't file for the K-3 either, its better to just get the CR-1 from the begining, saves time later and money too.

    December 2011 IR-1/CR-1 USCIS Filers

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    Thanks! We're married for almost 4 years now with a son who is 2 years old (who is also included in the I130 petition). I am from the Philippines & after the I130, he also filed for K3 visa to show the USCIS that he badly needs us to be with him...LOL...another thing is he visited us last April, he was here for 2 weeks... (L)

    Being married that long and having a child together is what did it. Congrats !!!!!

    K-3 and visits dont really matter.

    Fraud: Check outcome of I-751 after divorce?

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    Greetings,

    Some time ago, I [a U.S. citizen] brought my fiancee to the United States on a K-1 visa. We married and she subsequently obtained two-year conditional permanent resident (i.e. green card) status. Shortly after she attained that status, I realized (somewhat belatedly) that she did not intend to engage in a legitimate marriage with me and had in fact married me for the sole purpose of obtaining a favorable immigration status to the United States.

    I subsequently filed for an annulment based on fraudulent inducement to the marriage. Of the three elements of fraudulent inducement, the judge found that she had made false statements to me in order to induce me to marry her and that I had suffered damages as a result of relying on her false statements in agreeing to marry her, but that there was "insufficient reasonable reliance" on my part to grant the annulment. As a result, he granted us a divorce instead of the annulment, and included his judgment of the three elements in the divorce order.

    ("Insufficient reasonable reliance" means that although she lied to me to get me to marry her and I was damaged by believing her lies, a "reasonable, prudent person" in a similar situation would probably not have believed her lies. In other words, I should have seen it coming. If this had been some type of business contract, I would agree with him. But I was in love and thus acted somewhat foolishly in believing that she wanted to marry me because she loved me and wanted to spend her life with me. In my defense, I will add that she was in the United States legally when we met, and we had known each other for like three years prior to marrying. But that's really neither here nor there.)

    It has now been almost two years since she obtained her two-year green card, so the time is approaching when she will have to file an I-751 to lift the conditions of her conditional permanent residence status if she wishes to remain in the United States legally (which she does). I am no longer in contact with her, nor do I wish to be in contact with her, but I would like to know whether she is granted unconditional permanent resident status or not. (It seems unlikely that she would, given the wording of the divorce decree, but who knows with these things...)

    I have done a little bit of research on the web and have not been able to discover a method for finding this out once the time comes. Perhaps the government considers it to be none of my business now that we are no longer married. Nevertheless, I would like to find out what the outcome is. Do any of you have any idea how I might find out?

    Thanks in advance,

    calmload

    Call or email ICE. They will take a report from you and put that info in her file. Here is a link to their online form, http://www.ice.gov/exec/forms/hsi-tips/tips.asp . You can also call them at (866) 347-2423. They will take a report over the phone and note her file.

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