gcox457

Congratulations! I know that's a good feeling

Ours was about 15 minutes once we got to the interviewer's office. As others have mentioned, it's best to leave some room for error in case they are running late. Our guy was right on time, but a friend of ours had to wait 2 hours past their appointment time on their interview a few months earlier.

If you didn't get your stamp for some reason at the POE, you might be able to obtain one at your local office. Some will do it..others won't (similar to POE's...not sure how the procedure can vary so much on something like this).

Damn, that sucks. Thanks for the update

If you didn't get your stamp for some reason at the POE, you might be able to obtain one at your local office. Some will do it..others won't (similar to POE's...not sure how the procedure can vary so much on something like this).

I guess most anyone who is starting this process (like me) has noticed that the fees for all applications and services will increase dramatically as of July 30, 2007.

As for me, I have just moved back to the US in June of 2007. (I lived in Russia for the last 3 years.)

After deciding that we wanted to try living here, my girlfriend came to see what she it and make a final decision for herself.

(She's a Russian girl from Turkmenistan and wanted to visit the US, but never really wanted to live here--and is a bit apprehensive about our Soviet-like security measures.)

At this point, we've decided to try to get a K1 visa. We could have gotten married in Russia, but that still meant that I had to come here and she'd have to wait there forever for some bureaucrats to do paperwork. (Russia has more bureaucracy, but we know how to make things go faster there.) Theoretically, a K1 visa would separate us for a shorter time; thus a more viable option.

Actually, she still has a valid B2 visitor's visa. And with these new fees, and us moving and being unemployed temporarily, we were quite tempted to just marry here on her B2 visa and file for a change of status that way.

(A Change of Status now costs $325, but after July 30, 2007, it will cost $1010. That adds up fast with the other K1 fees.)

So I want to both ask for advise on my situation and ask what everyone thinks about this leading to higher rates of people entering the country illegally to marry.

[Yes, I'm aware of visa fraud and all penalties. My girlfriend and I had the same discussions with USDOS consulars and with ICE officers.]

###### pricks.

The amount I'll need to dish out for the I-765, I-131 and I-485 just increases from $675 to $1575, as I'll be filing a month "too-late" for moving to this godforsaken place that the US is.

I almost feel like dropping the move...this is adding insult to other already annoying factors.

Heh, feel free to stay the hell out of the U.S...no one's holding a gun to your head to come here. With your attitude, you can stay where you are and we'll all be happy.

It shouldn't make a difference what the departure airport is outside of the USA. If the first stop in the USA is JFK, that will be the POE, where your fiance will go thru US Immigration.

I'm sorry, but this is incorrect! All of Canada's international airports, and the one in Dublin have what are called PFIs -- meaning one clears US Customs before one even gets on the plane. Once through a PFI, you will not get the temp EAD stamp at JFK, because you don't go through Customs again once you land. However, at least one PFI (Halifax) has been reported as giving the temp EAD stamp.

To the OP: as far as I know, Heathrow does not have a PFI, and you should be ok.

You do go through Customs once you are stateside. It's Immigration you don't go through again.

Newp...at least in the case of Toronto and Montreal Immigration *and* Customs is taken care of before you get on the plane. You do not go through customs again once physically in the U.S. I have no experience from the U.K., so no opinion there.

Is the 90-day EAD stamp upon entry into the USA something you need to specifically ask for when being processed? My finace's point-of-entry will be JFK.

It depends on the officer. We didn't have to ask for it, but others have had to.

In theory, if she gets the 90-day EAD stamp upon entry on the K-1, she would be able to work legally for the duration of that stamp assuming she could find an employer willing to accept the stamp as valid. If you got married and filed the paperwork for AOS pretty much immediately, there is a chance that the EAD card would arrive before the 90-day EAD stamp from the K-1 entrance expired. If it didn't, then she would legally be required to stop working until the EAD card arrives.

Given the schedule...if it were me there's not a chance in hell that I would risk it. You're leaving yourself what...a 12 hour margin of error? Friends have birthdays every year...how many times in your life do you have an interview scheduled that quite literally will determine the course of your life? I wouldn't be too worried about the AP....but rather car trouble or other unforeseen incidents which could delay you to the point that you missed your appointment. Just my $0.02, but after having gone through the whole immigration process starting with K-1, personally I couldn't even *begin* to think of purposely doing *anything* that could *possibly* jeopardize it, no matter how minuscule the chances. And as someone's friend, I would kick their ### if they took such a risk just to attend my birthday party. But again, that's just me.

while not helpful, I don't see this as being a barrier. From what I understand, it is crimes of "moral turpitude" that really count...what happened to you doesn't fall into that category as far as I know.

Does anyone have an idea of the processing time for a B2 visa at the Ukraine US Embassy ?

If I remember correctly it took about 3 weeks or so from application to interview for my wife's parents.

Thanks for the good info. I understand. Grandma is sick now and so Father will stay in Ukraine to help her. Only Mother will make the trip this time, so we won't need to receive both visas. Mother needs a new passport though and she said that Ukraine is not issuing passports right now (I guess they ran out or something.... she said it is a big problem...) Anyone ever heard of this problem ?

Yeah, the passport issue has been a chronic one for a while in Ukraine. My wife's dad had the same issue...we had to delay the b-2 application for about 2 months while he waited for his international passport to be issued. Which, is not all that bad when you look at the backlog here in the U.S. currently

Everyone,

I just wanted to check with the forum for sure. But my wife now has her U.S. permanent residence card. She also has her

Peruvian passport. She would like to travel back to Peru in September. Does she need any other document to travel or is she good to go? Thanks.

craig

The permanent residence card basically gives the holder the traveling and working rights of a U.S. Citizen, so your wife should not have any problems. To be safe, however, I'd make sure she was carrying a marriage certificate, as someone mentioned. Although it is no longer needed when you have your GC, I'd also have her carry her Advanced Parole document, if she has one. It's better to have too much paperwork, or redundant paperwork, rather than be caught short at immigration.

Do not, under any circumstances, try to use AP after you have been granted LPR status. During the interview they will confiscate your AP. I'm not sure of the exact reason why..I just know it screws stuff up.

Yep..you should be receiving the GC soon.

We were not given the option to do anything except the FedEx thing. I asked if we could pick it up from the Consulate when it was ready rather than have it sent via courier, and I was told "no" because of the way their process works. It only took 3 days for the passport to be delivered...we were pleasantly surprised.

Does anyone have an idea of the processing time for a B2 visa at the Ukraine US Embassy ?

If I remember correctly it took about 3 weeks or so from application to interview for my wife's parents.

You can't affect the issuance of a tourist visa in any way, unfortunately. All her parents need to do is apply for B-2 visas at the U.S. Embassy in Ukraine. You (or your wife) can write an informal letter inviting her parents for a visit. It's better to write it in Ukrainian. Other than that - there's nothing you can do.

Best of luck!

I know several couples from Ukraine whose parents have successfully acquired tourist visas. One thing that I have noticed is that on all cases (without exception) is that only one parent travels at a time. I have never thought to ask why this is......

Yes, I heard this also, that only one can travel at a time. I heard it was because they are afraid the couple (parents) would immigrate illegally to the USA. In the case only one is issued a visa at a time, then it is almost guaranteed they will return to the Ukraine. I did hear from a good source, that it is "possible" for both parents to receive visas at the same time, but it is difficult. They recommended I go to the interview with them in Kiev, but I don't know if this will work.. Guess I'll have to wait and see..

Both of my wife's parents visited us to attend our wedding here in the States (stayed a total of about 2 weeks)...as well as her sister. But then, they are fairly well off and so were able to show substantial ties to Ukraine. Your mileage may vary.

One thing to consider is that it is possible for your fiancee to file the I-129F while you are in the U.S. That would buy you 90 days in the U.S. as an "overlap" to the process if she mailed it the day you arrived...a good chunk of the waiting for the K-1 could be done with the 2 of you together and it would all be perfectly legal. Once your 90 days was up, return to the U.K. and await the interview. Using a B-2 tourist visa would buy you 6 months together...probably nearly all of the processing time for the K-1. If the K-1 is taking longer for some reason, you *might* even be able to get an extension on a B-2 (not guaranteed of course). All of the above is, of course, subject to the various rules which regulate the number of days in a given year you can be in the U.S....since you said you just returned to the U.K. you might be running up against that limit if you went the B-2 route.

With her pregnant with your child, I wouldn't think it would be terribly difficult to prove a legitimate relationship

Just some food for thought...you should run any scenario you contemplate by a competent immigration attorney before setting off on a given course of action.

Yes, once the AOS is approved, any accumulated out of status overstay in the US (as long as he entered on a valid visa and was inspected at the POE) will be forgiven. Once he receives his green card he will be free to travel outside of the US as if the overstay had not occured. If he leaves the country before he receives his green card, even if he has an Advance Parole, however, he will be refused entry back into the US and receive a 10 year entry bar instead. Good luck at your interview.

But he didn't enter on a valid visa-- he entered on a visa waiver. He's never had any sort of visa.

The visa waiver program is sort of a visa of sorts...and it counts for the "inspected" requirement.

check not cashed? It seems you requested the "hard way" return, where they actually dig up the physical copy of your return, photocopy it, and return it. For purposes of the immigration stuff, the electronically-generated transcript is sufficient. It can be ordered via automated phone system from the IRS and is free. It takes about 2 weeks or so to receive after you request it.

take a look at ehealthinsurance.com. They have just about every major carrier that you can choose from, with multiple plans from each. It ended up actually being cheaper for me to get insurance for the two of us through them rather than through work.

Hi, I have a question about my fiance's eligibility for an SSN. I've read the guides and some of the other posts, and it's to my understanding that a K-1 Visa holder is eligible to receive an SSN before they are actually married. Today, my fiance went to the local Social Security office. We brought the print outs that the guides recommend you to bring with you. We were told that, despite what the SSN website says, K-1 visa is not eligible for an SSN unless you have a valid marriage certificate and work authorization card and permanent residency??? (that doesn't make sense, because if she had a green card she wouldn't need a visa). We argued with several people in the office, including the manager. The end result was my fiance was given a denial letter. My question is am I misunderstanding the guides here and must we be married first before we can apply for the SSN or is she eligible for an SSN now? And if she is eligible now, what steps should I take? The SSA office manager is against us.

At which SSA office did the retards tell you this?

LOL no kidding. I shudder to think what other regulations they are blowing off just because their personal opinions conflict with their written manuals.

I have had several part-time jobs because of being a student.

Should I put all of them down. One of them is from March 2002-March 2003?

Also should I put down a part-time job that I only had for one day. ( it was a telemarketing job..)

thanks for any help!

If the IRS knows about a job via a tax return, then you should probably put it down in addition to mentioning when/where you were attending school. It might not be "strictly necessary", but it never hurts to be completely thorough, honest, and complete with all your answers in this process. At worst case, you have to type a few extra lines and maybe include an extra sheet of paper...and you have the peace of mind knowing that there is no way they can come back later and nail you for not being 100% forthcoming on your petition. That's my $.02...you can take it or leave it as you see fit

What's real estate got to do with filing multiple K-1 petitions? LOL!

The "complete disclosure" provision of IMBRA parallel the complete disclosure laws of real estate...the "buyer" (in the case of IMBRA the buyer is the beneficiary of the K-1) is required by law to be informed of potentially negative aspects of the prospective "purchase" (likewise, the purchase is the petitioner) so that an informed decision can be made.

i'm going to be bluntly honest about the original poster.

Too bad.

you have demonstrated one malicious individual who abuses a system, that individual has not been punished.

tens of thousands of honest people who try to do it the right way are being punished because of one bad apple.

That is what we have fallen to as a society but it's not acceptable, you cannot punish everyone for the acts of an individual and you cannot punish everyone to try to protect one or two random people from doing something stupid. That last part is a direct reference to the high profile case that inspired this law.

The change is immoral, the way this country sometimes over reacts with far reaching consequences to honest citizens trying to make their way in the world and do things the right way is also totally wrong.

bad things sometimes happen to good people for no reason and the government has no business trying to legislate their protection.

Wow, what an incredibly short-sighted viewpoint. I suppose since Murder only occurs to 1 out of 15000 people each year, that the government should just get rid of the laws prohibiting that too? How about Drunk Driving? Robbery? The list goes on and on. If there is one isolated event...no law is needed...I agree. But you have to look at the scale of the number of events, and the impact those events has on people's lives. The circumstances the OP listed are not isolated events...but rather a single sampling in a large number of documented abuses of the prior system. The girls that the "business associate" used got off lucky...many of them wind up physically abused before being kicked to the curb. Being sent back to their home country, often without a pot to piss in, is considered a fantastic outcome compared to how many of them wound up. I'm sorry that adding a measure of "complete disclosure" in order to protect foreign nationals who are literally putting their lives into the hands of these USC's upsets you. But the way I see it...if it's good enough for the Real Estate industry, then it should be good enough for immigration.

It sucks that the USCIS has dropped the ball on implementing the program (DHS failing at something? Surprise Surprise)....but the rationale behind the legislation is both sound and over-due.

AFAIK, income of the beneficiary is not considered in most, if not all, (I hate using absolutes that I can't prove, so I won't here) cases because, well, the beneficiary won't be working at that job anymore (in 99.99% of the cases, anyway) once the K-1 is used and the beneficiary moves to the U.S. Convertible assets can be used, but each consulate is free to set their own standard on what is "sufficient". In the UK, numerous folks have "self-sponsored" with as little as a few thousand dollars in cash....which is considered very liberal by comparison to most consulates. The argument of international business and such might be considered in some cases if it were substantiated to the consulate...but more than likely that would be presented as an "asset" anyway with a balance sheet and a cash flow statement rather than self-employment income. And since working in the U.S. without authorization is technically illegal even if the business itself is located somewhere else (unless one finds one of the loopholes that our Corporate Overlords seem to always duck under to avoid paying U.S. taxes) ...that's kind of a grey area to begin with...and more so once AOS is filed (and the temp EAD associated with the K-1 ends). Hence the 6-months in the household rule for the I-864.

One has to remember that when it comes to meeting the requirements for support, each consulate is given a LOT of latitude in setting their own standards. So, it is very difficult to look at Dept. of State documents on the subject and be able to predict from that what consulate xyz will require versus consulate abc. The only way to find that information is through people's experiences, and perhaps directly asking the consulate staff.

At the end of the day, it's always preferable for the petitioner to be able to show the required income so that all of these "grey area" lots-of-latitude scenarios can be avoided to begin with.