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Kelly C

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  1. Like
    Kelly C reacted to ceadsearc in filling the I-130 then the I-485 in the USA can be considered fraud!   
    "Maybe will we and maybe we won't" isn't the same as no intent whatsoever. No one is going to tell you it's ok or it isn't fraud because it is. Not to mention that advising you it was ok would violate the VJ TOS.
  2. Like
    Kelly C reacted to Little_My in filling the I-130 then the I-485 in the USA can be considered fraud!   
    You are considering the possibility of her visiting you and adjusting status once she is here - that, right there, is intent. The minute you start to research and plan AOS before a foreign spouse or girlfriend or fiance has entered the US on a non-immigrant visa, there is n such thing as "no intent to immigrate" - obviously, there is intent.
    That being said, the burden of proof regarding intent is on USCIS, not you. It is rare for them to go after someone for intent, unless there has been clear material misrepresentation along the way, or there is something else fishy relating to the case. You are asking people to tell you that is okay for her to come to the US and for you to adjust her status to permanent resident as a result, but the fact of the matter is that as has been said before, this constitutes visa fraud. If you want to know whether or not it is possible to do so and come out of it as a winner, then yes - it is possible, and many do it all the time. However, it is still wrong - and it si a fairly big risk to take with a person you want to spend the rest of your life with, considering that one of the consequences could be a very very long ban to the US for your wife.
    Regarding filing the I-130 when she is in the US, this can actually refer to a whole other process. When she is here, you can file the I-130 to start the CR-1 (or IR-1 if you've been married for more than 2 years) process. She can stay in the US for however long CBP gives her when she enters, but then she will have to leave, go back home, and wait out the CR-1 process in her home coutnry where she will also have an interview at the US embassy. Once the CR-1/IR-1 visa has been issued, she uses that to come back to the US, and will immediately become a permanent resident upon entry. This option is 100% by the book.
  3. Like
    Kelly C reacted to Tim/Mav in RFE Help Needed   
    Interesting! Someone at USCIS is making a big deal of this (Photos)
    They are Secondary Evidence. As Dan stated above proof of Passport Stamps. Reciepts from Travel.
    Pictures are NOT required to have Date Stamps what-so-ever. Are you positive that a friend or family member did'nt take a picture of you both and can e-mail to you?
    I'n more confusion: What did you apply for? K-1 ? Maybe not. But the RFE will have to be replied too. I would Contact the Agency that sent the RFE and have them explain.
    Update your timeline please.
  4. Like
    Kelly C reacted to Kevin&Lenith in Talk about things now, not later. Dont point fingers!   
    Hi Vj'ers,warning this is long lol
    The following are just some general thoughts with regards to issues that I have experienced or have seen others experience upon arrival here in the states. Just some background to start, our journey has been longer that most of yours (almost 4 years) as a result of an annulment process, and some rather criminal behavior by an ex husband and by people within the the phillipine govermental process. With that being said my asawa is now here, we have been married for almost a month, and are very happy. While our journy has certainly been long, it did have a benifit and that was, endless nights, and mornings talking about the smallest of things to the real important issues that would lay the foundation of our life together. Even with all this time, I by no means consider myself an expert in this type of relationship, and hopefully I am getting better at it. Those of us that have been married before think we will always will do better the second time, but more than not we find ourselves making the same mistakes.
    I will admit I thought about my asawas ability to adjust to life here endlessly before she got her, and because of that we talked about home sickness, lack of friends, lack of work, being alone for hours, as well as other things she would experience when she first got here. The lesson I learned here is that even though you think you have covered all the bases, until she is put in the situation you just dont know how she is going to handle it. I give Lenith all kinds of credit she has done really well, but there are still times when i can see it guys, and you have to pay atention to it. Just a heads up guys, we may be used to being alone, and getting home from work, and just vegging a bit, well be preparred your going to the attacked lol. I mean this ofcourse in a good way, but you really need to understand that for most of the day she has been waiting for you, sit down and give her the time she needs. I made the mistake one time by saying "go away" ( in a joking manner) because she was constantly at my side, she took it seriously, and went into that silent mode for 24hrs, and ofcourse me being the stubborn one let her. The lesson here is no matter how much you think she understands, there are still aspects of our mannerisums she doesnt.
    As an advid reader of visa journey, we have established relationships with others that were on the same time line as Lenith and I. These relationships have continued on Facebook, and a facebook page called asawa world. Quite frankly I am suprised about some of the issues I have seen come up, ofcourse we all have issues but it seems like alot of these issues Lenith and I can remember talking about long before we started our journey. Please, once again I am not criticizing anyone, or thinking I am any better, but it pains both of us to see any of these relationships possibily fail. So while you are preparing for this journey, dont just get caught up in the process, and how long its taking, and how you both miss each other, really get into the nuts and bolts of your future,. Here are just a few helpfull thoughts
    1) Talk about religion. who practices, and who doesnt, what changes do you just assume will take place when together.
    2) If there are kids involved , talk about parenting. Believe me when I tell you, parenting styles will clash, and jealousy will show its face. The dynamics of a step family are very hard to manage, and you need to understand there will absolutely be clashes. Talk about the issues now, visitation (if part of relationship), time spent with kids takes time away from a new wife, kids take time to adjust (it doesnt just happen) These things sounds simple I know, but talk about them anyway because simple can quickly turn into difficult.
    3) For those of you that are independantly wealth skip this one lol. For those that have stayed, this is a biggie. I will leave this one to each of you to consider, but do yourself a favor go over this one again , and again. The expectations I assure you are very different, and if not talked about early on and often will lead to major issues.
    4) Culture- your fiancee is a product of a totally different culture, and depending on where you will be living there certainly will be culture shock. We say to ourselves, we know this already, well you really dont because you have never seen her have to react to circumstances here, you have only seen her behavior on a two week vacation in familiar surroundings, so be prepared and non judgemental when she reacts differently then what you would normally expect. Personally here are a couple that we faced. 1) weather- Lenith arrived in New York in Nov lol. Ofcourse we talked about this but nothing can prepare a filipina for 10 degree weather. So guys be prepared for alot of S*#* bombs being dropped, and get your warm clothes shopping done before she get here. 2) Food- get off the couch and find a Filipino store. 3) Where are all the people!!! Yup , they are inside. 4) Getting from point a to point b, it will not be easy for her just to get up and go like at home.
    5) Fight fair- ofcourse doesnt mean to fight, but after the long journey and the adjustment period begins there will be disagreements. When this happens, guys , before you bark remember what she has done to come to you (left family and friends), and pinays remember everything he has done to get you here. Pinays, if he is being unsensitive tell him, dont go silent, make sure he understands the pressures you are feeling, and most importantly do get so angry and say " I want to go home", and guys dont use the thought of sending her home as a threat. Once this is out of the box, its hard to put back in. You maybe sitting there and thinking you would never go there, but I have seen it.
    I guess that has been the whole point of this novel, the journey is long, but ever so worth it. Take care of the small things before they come up and bite you in the ####. While we cant plan for everything give your relationship a good head start by talking, and guys be patient.
    Sorry for the lenght
    Kevin & Lenith
  5. Like
    Kelly C reacted to Laure&Colin in 1-864 scares the hell out of me   
    A lot of you seem to think that he should just do it and not even think about it.
    Ironically, the forums are also full of people discovering they're still legally bound to their ex-spouse after divorce and come here to say "what was I thinking!"
    I don't think taking a moment to assess the situation can hurt.
    I am the foreign spouse, so I didn't have to do that, but I would've totally understood if my husband took a little while to think about it. And of course I would also understand if his mom had declined being a joint sponsor. It's not "just a signature".
    Of course thinking about it before starting the whole immigration process would be a lot better. But some of us were not really aware of what was coming in the next steps.
  6. Like
    Kelly C reacted to Judy & Eugene in Calling USCIS   
    How to prepare for your call?
    Before calling the NCSC please have available
    - your receipt number:
    - alien registration number:
    - type of application filed:
    - date filed:
    - Online case status:
    - Processing times applying to your case type
    - Check your priority date (if applicable)
    - Have all relevant correspondence with USCIS (NOA1)
    How to talk to a live person at USCIS?
    Contact the National Customer Service Center (NCSC) at 1-800-375-5283.
    Call early in the morning (8.00 am)
    Option 1: Then dial 1, 2, 6, 2, 4 (exact sequence). Use these options every time you are prompted.
    (You can also try - 1 - 2 - 1 - Case Number - 1 - 3 - 3 or 4)
    Option 2: Call USCIS and Do not press anything (don't choose a language). They will think you have a rotary phone and will transfer you directly to a live person.
    Option 3: Don't don’t choose the number for “case status”, but do different ones instead (for example “RFE”; “expedite your case”, …)
    Option 4: Military Help Line: 1-877-CIS-4MIL (1-877-247-4645); Members of the military and their families may call to receive assistance with immigration-related questions.
    If they speak Spanish just say English please. Now you can ask what you want.
    What to ask them?
    During your call we recommend that you take note of the following information:
    About them:
    - The name of the NCSC representative:
    - The id number of the NCSC representative:
    - The date and time of the call:
    - Any service request referral number, if a service referral on a pending case is taken:
    About our case:
    - When calling, ask them for a service request.


    In case they refuse or tell you that they cannot answer your question, then ask to be transferred to a Tier 2 ISO (Immigration Service Officer) supervisor, who will have more privileges to access detailed information about your case. Once you get an ISO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the ISO.
    Also ask them to review case status - THEY can - it's on their screen.
    If the NCSC doesn’t issue a service request, please make sure the NCSC representative tells you the reason why he did not issue the request. (This information you'll need to follow up)
    - Some of the standard questions:
    1) Name check Status?
    2) Background Check Status?
    3) Has it been assigned to an officer?
    4) When can I expect to get some updates on my case?
    5) Can you help me with a ball park date on when my case will be assigned to an officer?
    6) What dates are they currently working on?
    Of course, we are aware of the standard response we get.
    http://www.dhs.gov/x...37986181.shtm#5
    The NCSC operates on a two-tier model.
    Tier 1 Customer Service Representatives (CSRs):
    Can
    • Relay basic immigration information to customers through scripts provided by USCIS
    • Answer questions about USCIS forms
    • Transfer calls to Tier 2 in certain circumstances
    Cannot
    • Answer specific questions about a case with the exception of information available through Case Status Online
    • Transfer calls to local offices or service centers where cases are pending
    • Provide legal advice
    Tier 2 Immigration Service Officers (ISOs):
    Can
    • Review USCIS systems on your case
    • Request that notices be re-issued
    • Provide information that you may receive at an Infopass appointment
    • Provide specialized assistance to dependents or active members of the U.S. Armed Forces
    • Provide information on pending and adjudicated cases.
    Cannot
    • Review already issued Requests for Evidence (RFEs)
    • Directly issue duplicate notices, receipt notices, RFE notices
    • Transfer calls to local offices or service centers
    • Provide legal advice
    Service Requests
    Both Tiers 1 and 2 can create a “service request” which is sent to service centers and local offices on matters such as expedite requests, change of address, appointment rescheduling, case processing delays which exceed the posted times, and other matters that may be unique to a specific case.
  7. Like
    Kelly C reacted to Marty and Aileen in CRBA   
    My wife and I successfully applied for our sons CRBA and USA passport in Manila 1 week ago. We should receive his CRBA and passport in another 2 weeks. You will apply for the CRBA and USA passport at the same time. You will definitely needs the childs NSO BC before you can apply. Also, make sure you keep all your pre natal and ultrasound results. They will want to see the originals at the interview for CRBA. Also, they may ask for a DNA test if you don't have enough proof that the USC was in the Phils at the time of conception. We were not asked for DNA test as I kept all my receipts and boarding passes from my last visit to the phils when I was with my wife. But, since you are not married yet there is a really good chance they will ask for a DNA test regardless of your proof. Let me know if you have any questions regarding the CRBA process.
  8. Like
    Kelly C reacted to Darnell in K-1 to K-3   
    the starting point to 'apply for a K-3' is to:
    1. be married and then
    2. file the I-130 and then
    3. wait for the I-130 NOA-1 and then
    4. File the I-129F
    But read these bits, aye?
    Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767
    K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/
    IMO (and others) yer in for a very long wait after submitting the I-130.
    Suggest you follow up (instead) with the expedite request that you've been contemplating.
  9. Like
    Kelly C got a reaction from TiklingGuy in Why Do So Many Have Trouble Believing In Evolution?   
    Thank you for serving the greatest country on Earth, The United States of America, and fighting the fight.
  10. Like
    Kelly C reacted to TiklingGuy in Why Do So Many Have Trouble Believing In Evolution?   
    Theories are not ''The Truth''. They are only beliefs based off of studies and processes of elimination. If a scientist of today says "This particular dinosaur bone that i hold in my hand, existed 2 million years ago'', i am going to laugh in his face and ask him ''How the hell do you know that? Were you there?''.
  11. Like
    Kelly C reacted to OnMyWayID in Why Do So Many Have Trouble Believing In Evolution?   
    First off please expand on the mormon spaceship story.. Growing up mormon and having held the priesthood for many years I am surprised I am not aware of this amazing tale..
    As far as the fungus: That would actually be an offshoot on another branch and would not be on the direct path... However I did read a few days back that for the first time scientists have observed and filmed single celled organisms evolving into multi-cellular organisms.. amazing stuff: http://www.nature.co...lar-life-1.9810
    On the belief thing: You can choose to believe whatever helps you cope through your life.. The agenda of science is a search for the truth no matter where that leads.. Evolution is not something scientists wants to be true.. Where the path leads is not what is important, what is important is that it be correct.
  12. Like
    Kelly C reacted to DeeDee&Sam in Request to Expidite   
    you risk to have her visa denyed. if you meet the 125% requirement you're supposed to support her, therefore it doesnt qualify for an expedite if you are, and if they dont belive you that you're above poverty level they will deny you. ive seen cases and me and my husband were in a similar situation. we prefered to wait 3 muonths and 3 weeks for the approval (which is not much at all) than get denyed. you should too
  13. Like
    Kelly C reacted to Hank_ in Request to Expidite   
    Medical care is not around the corner for ANY women in that area that is pregnant, that is the norm for there, not a reason for an expedite. Doubt if the doctor will write a letter stating he is not capable and that she needs to be in the USA for proper medical treatment.
    As before, MY opinion, not gospel.
  14. Like
    Kelly C reacted to san diego in Request to Expidite   
    I agree with Jim. It may play against you. This is a risk. Yes, there is a chance you may get approved for expedited processing AND you will not be delayed due to insufficient income/child citizenship issues etc. HOWEVER, my opinion has always been that it is better to wait extra 3-4 months and get K1 for sure then risk of not getting it at all...
  15. Like
    Kelly C reacted to Hank_ in Request to Expidite   
    Real answer is - its up to the Director.
    Expedite Criteria
    All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

    Severe financial loss to company or individual Extreme emergent situation Humanitarian situation Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government) USCIS error Compelling interest of USCIS Note: Discretionary expedite requests for petitions and applications that have Premium Processing Service available will not be considered for expedite processing. The only exception is when the petitioner is a not-for-profit organization designated by the Internal Revenue Service. For information regarding premium processing, please refer to the premium processing webpage.
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
    My gut feeling still is the same.
  16. Like
    Kelly C reacted to Tim/Mav in Request to Expidite   
    YES After the Appointment and clarify in writing to the Physician that you need a Statement on their Letterhead that she is in Dire need of your care. You need it in WRITING Signed and dated to submit with your request. I have NO experience on this but makes sense to me.
  17. Like
    Kelly C reacted to Tim/Mav in Request to Expidite   
    My Currant Income meets and exceeds Criteria of the 125% Poverty Levels. I'm am supporting 2 households when it just needs to be one and allow me to care for my Financee and the best care for our child. (Maybe someone can reword this) Or add.
  18. Like
    Kelly C reacted to Tim/Mav in Request to Expidite   
    Sorry Hank. I think if Medical Paperwork is properly Executed and Filed by a Physician/Petitioner and the Petitioner meets Guildlines there is a posible speed-up in the Process. I can relate as so can you, Medical care is NOT around the corner in the Phils.
    Without a Doctors Agreement then I see no Avail. If the Doctor agrees, there is a chance.
  19. Like
    Kelly C reacted to Hank_ in Request to Expidite   
    Sorry I don't see anything that mandates an expedite.
    1) Pregnancy and living conditions there are the norm - for there.
    2) Your finances are not of any concern to anyone in this process beyond you proving you make 125% or more of the guidelines. For sure not a reason to expedite.
    Not trying to rain on your parade or anything, and I wish you all the best with your efforts, but..............
  20. Like
    Kelly C reacted to bigdog in Request to Expidite   
    Hopefully this helps. premium processing webpage. expedite uscis,
    Expedite Criteria
    All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

    Severe financial loss to company or individual Extreme emergent situation Humanitarian situation Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government) USCIS error Compelling interest of USCIS
  21. Like
    Kelly C reacted to Boiler in Request to Expidite   
    I would include details of her US Medical Insurance.
    You might also want deal with why she can not move within PI.
  22. Like
    Kelly C reacted to JimVaPhuong in Request to Expidite   
    I don't think it's ever a good idea to try the financial hardship angle with a visa category that will require a sufficient sponsor. You're pleading poverty in order to get them to hurry up, while simultaneously expecting them to accept that you've got enough income to support your new family in the US. On top of this, you're using a medical basis for a humanitarian request. Both USCIS and the consulate know darn well that medical care is far more expensive in America than it is in the Philippines. You're not going to save any money bringing her to the US sooner, and they know it.
    Furthermore, consulates are often very reluctant to issue a visa to a woman who claims to be pregnant with a US citizen's child. They strongly prefer that child to be born abroad so that they can go through the CRBA process to determine if the child really has a valid claim to US citizenship. If they allow that woman to get a visa and come to the US before giving birth then they are granting citizenship to that child regardless of who the biological father is. They don't like to take that risk.
    I don't think you'll get the expedite, but if you do then don't be surprised if the consulate refuses to issue a visa until after the child has been born and the CRBA process has been completed.
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