Chris&Angel

Hi Chris&Angel, thanks for your input. Can i ask what wedding company you took advantage- theres so many options in the net! lol. Also, did you have you marriage certificate expedited? Thanks!

We went this route, pretty easy, order the Marriage License online in advance, pick-up the day before the Wedding, then make arrangements at what location you plan to get married at, they always have someone who can witness the marriage. Make double sure to order more than 1 Marriage Certificate, Immigration will require one. We order 3 to be on the safe side.

Again, no. Your wife has to file the I-130 petition. Her daughter as an unmarried under-21 child of a permanent resident would be in the F2A category, which has a wait of 1-2 years for visa numbers. They need to wait 1-2 years for a visa number to become available.

However, because she is so close to turning 21, there is a good chance she may "age out" into the F2B category (unmarried over-21 child of permanent resident), which has a wait of about 6.5 years. For the purposes of determining whether she ages out, the length of time the I-130 petition is pending is subtracted from her age. But the petition doesn't take that long to be approved (shorter than the wait for visa numbers). So basically, her age will "freeze" at the time the petition is filed, but "unfreeze" a few months later when the petition is approved, and her age will continue counting from that point until a visa number is available. There is a good chance that her "age" (even with the period of "freezing" described above) would hit 21 before a visa number is available in F2A, in which case she would automatically be converted to F2B and require several more years of wait.

When a visa number is close to being available, they will contact her and her daughter for the next steps for consular processing in her home country. At that point they will ask for an Affidavit of Support and the consulate will ask for a medical. Again, I-485 is not involved.

The wife cannot file for the daughter, she's an LPR, only the USC can file for the daughter, but in this situation of the daugther being 20, she will "Age-Out" before the visa would be issued. If she did get manage to ge the visa before her 21st BD, she needs to enter the USA prior to turning 21.

Can someone apply US citizenship based on 5 years rule and divorce is in process, but a spouse who is US citizen is filling IRS taxes jointly and they are due. So, is it still safe to apply for Citizenship?

KKK1,

How many years has she filed a Joint Tax Return, did you agree to a Joint Tax Return, where you aware of this, did you sign the IRS 1040 document, if not who did? If the answer is "No", there is a serious problem called "Forgery". File for a Separation of Iiability with IRS and State.

Anybody who is ponder divorce or has filed for a divorce, should file there Taxes Separately, that way each is responsibile for there own tax situation. Naturly filing jointly has it's advantages IMHO.

See the following Link.

http://www.uscis.gov/i-129f

K1 Filing Fee is $340.00 at the time of filing the I-129F Application.

May be true for Singapore, but not for London. No photos, no new evidence, no petition copy, no NOA2 copy, no fiance needed.

Either you got lucky, or the ConOff wasn't doing his/her job! The question is did you have this information available just in case the ConOff did ask for any additional evidence at the interview?

Singapore has nothing to do with the issue, I have been throught this process on a K1 and CR1, don't be smart and not take all the documents with you to the interview, if the ConOff asks the for the document and you can't provide, I guess you got egg in the face and place in AP status and Delayed.

K1's don't sent documents to the NVC.

CR1/IR1's do sent documents to the NVC, as the NVC approves AOS before the husband of wife is issued there Visa.

K1 Interview, you need the "Kitchen Sink - eveything your have and everything your Fiancee has submitted to USCIS at the interview, plus any new evidence of meetings, photos etc." and more, better yet is your Fiancee coming to your interview. Just remember they the "ConOff" can ask any question and or any document at anytime, be preparred!

Biometics Appointment is the 1st step in the process of the K1 AOS, your soon to be husband has to be personally here, this appointment applies to the EAD (Employment Authorization Document - Work Premit, and the Advanced Parole Document - Travel Document), there is "No-Way" around this Government requirement once he arrives and you two are married. You might make in InfoPass appointment (Local Office) if he comes before December, they maybe can help in the process, but before you enter this office check your attitude, as you don't want to PO these people who oversee your happiness, do this after the Biometics.

Be aware that regardless of how you work the Oct and Dec problems out, this process you can't avoid, it will happen.

Be wise and smart, this forum has a wealth of valuable information, from people who have been thru this process.

I have been thru both the K1 and CR1 process, and as painful as the process is, this is a cornerstone place of knowledge, use it wisely!

What type of Visa and where were you married?

Probably your Divorce Date.

Sounds like a 2-yr B2 with an 180-day authorized stay.. and not VWP. I thought visa waivers are 90-day stays..no? "NO AOS/EOS/COS" = NO adjustment\ NO extension\ NO change. Recommendation likely in the "System" and potentially risky for OP's friend to adjust.

5 month stay + another 5 month stay, then returning after 2.. was really pushing the CBP's envelope.

Could be, OP can you clarify the type of Visa your friend has?

At no time did she overstay on the two previous visits, before the third the problematic "NO AOS/EOS/COS" visit. One is usually allowed 6 months maximum stay per visit to the US at the Port of Entry, and she did not stay beyond legally allowable duration. She only stayed about five months on each visit. Anyway, my questions are: Can she decide to ignore the "NO AOS/EOS/COS" notation on her passport, get marry here and attempt to AOS? What is the likelihood that she can successfully AOS despite the "NO AOS/EOS/COS" clause? Do you know anybody that successfully AOS despite the " NO AOS/EOS/COS" limitation?. I personally believe, she had never overstayed her welcome in the States, and not committed any offence so far. Her 2 years multiple Visa will expire in Nov.,2015, she fears it will not be renewed because of this obnoxious note, hence the thought (not decided yet) to stay and AOS.

Thank you for the clarification of the VISA, your friend was here using the VWP 2 year Visa, she was not here on a B2 Visa, is this Correct? Quote "Her 2 years multiple Visa will expire in Nov.,2015".

IMHO, she needs to stay home, go through the Visa process (K1) and have a Lawyer.

If this person had acquired two overstays of at least 60 days within one year, do you really think the CBP officer would have allowed her in for a 3rd time? She wouldn't have been allowed back after the first overstay, let alone the 2nd.

Please refrain from posting in this thread, you are only confusing the situation for the op.

I never said the OP friend over-stayed twice within the same year, so don't add any word to my post, and yes I do have an opinion.

OP's Quote "Hello, My friend really needs your help. Here is the story: My friend visited this USA on two occasions,", the correct statement of the OP should be 3 visits, 2 were at the length of 5 months, the last visit coming 2 months after the 2nd 5 months. The OP friend isn't in a good position, wheather you like it or not, the friend has been flagged (Meaning= Put on Notice).

This person did not overstay either time. She was here on a 6 month B2 tourist visa and stayed 5 months each time.

Since we both don't know how long the CBP gave this person upon entry POE "I-94 Date Stamp", B2 Visa's have a Validty of 6 months to 10 years. Under the Visa Wavier Program the Validity is 2 years with a max stay of 90 days, "No" extensions on this Visa.

Hello, My friend really needs your help. Here is the story: My friend visited this USA on two occasions, She spent almost five months on each visits before departing the US back to her home country. On her third visit to America, she was stopped and questioned for several hours by an immigration officer at the Port of Entry, ATL. The immigration officer questioned her, why she stayed in the States for almost five months on her previous two visits, and now she came back on a third visit less than two months she departed America. She explained why she stay that long on the two previous visit, and why she came back again (just decided to have a long stay/rest). Well, to cut the story short, the immigration officer gave her 60 days to depart US, and wrote on her passport, "No Adjustment of Status, NO Extension of stay". What is the implication of these handwritten restrictions on her passport, incase she decides to get married to her fiancee, here in the US? I have a feeling that the renewal of her Visa will be denied, if she decides to return home. She wants to stay here in the state, marry to her fiance, and adjust her status. Can she defy the NOTE on her passport? Please, advise.

Better get a Lawyer, and explain to him/her why she over-stayed her Visa twice, your friend has a problem with no easy answer.

http://www.uscis.gov/i-539#

Extensions beyond 90 days, must be requested/filed with USCIS 45 days in advance of the 90 day B2 Visa entry date. Cost of the Extension $290.00.

http://travel.state.gov/content/visas/english/visit/visitor.html#overview

This person over-stayed a B2 90 Days Visa by 60 days on her 2 previosu trips to the US, even under the Visa Waiver Program the maximum length of the Visa per stay is capped at 90 days.

Will this effect any future Visitations or a filed petition, I can't say, but I wouldn't be surprised if the issue isn't brought up in a petition phase of a K1 or IR1/CR1, namely the 120 day over-stay.

Your not coming from a High Risk Country, but a High Risk Region for Fraud but you have been married for more than 2 years, if was going to be a pain in in the backside, it would occurr in the UAE, not here in the USA unless your support evidence in your petition wasn't enough to satisfy USCIS, this doesn't make sense to me, so what is the delay in processing and explanation from USCIS, and no noticiation (I-797C NOA) of transferring your file to Memphis, seem a bit unusual.

Ask your Wife to make a InfoPass appointment with USCIS to get ot the bottom of this mess, a status update from your last contact with USCIS, unacceptable time table!

By all means, contact your wife's congressman or congresswomen.

This is what your lawyer should be doing, but isn't, nice to get paid to do nothing! Your choice to continue with his services of lack of service!

2 Old sayings "don't send a boy in to do a man's job", "if you want done right do it yourself".

Oh, by the way, you or your wife can call the USCIS again and anytime, you need to have the NOA1 information on-hand and then ask the the Level2 Supervisor, and ask direct questions about your case, do it first-thing Monday morning.

In the past, the USCIS has sent petition files to the wrong place, like the National Records Center in St. Louis, so please clarify this with the Level2 Supervisor, and as I've said, your file shouldn't be in Memphis unless they are planning to interview your wife prior to your petition approval. Based on normal timelines, you should be approved within the next 45 days, the avg. is about 6 months from the first filed petition date.

thats true after NO1 we were waiting or still waiting for NO2 include our lawyer like all other peoples its normal but once we inqure means my wife called USCIS and ask them then they open inquiral request along with referal number.

officailly we have not recived any notice for any action but i was reading the similar case happend with one vj here in 2009 she was asked for interveiw too after her interveiw they approved the petition and send it to NVC and funny thing is her husband was in nigeria after his interveiw he was on AP for another 4 months but in her case USCIS sent her RFI in 2 months my case nothing yet lol

i was never been in US or never applied for US visa.... we are not worry about interveiw we are happily married couple but my question is do i have to wait for 240 days anf if they trasfered my case to memphics then why they did not send us the transfer noticed.

Your not coming from a High Risk Country, but a High Risk Region for Fraud but you have been married for more than 2 years, if was going to be a pain in in the backside, it would occurr in the UAE, not here in the USA unless your support evidence in your petition wasn't enough to satisfy USCIS, this doesn't make sense to me, so what is the delay in processing and explanation from USCIS, and no noticiation (I-797C NOA) of transferring your file to Memphis, seem a bit unusual.

Ask your Wife to make a InfoPass appointment with USCIS to get ot the bottom of this mess, a status update from your last contact with USCIS, unacceptable time table!

By all means, contact your wife's congressman or congresswomen.

This is what your lawyer should be doing, but isn't, nice to get paid to do nothing! Your choice to continue with his services of lack of service!

2 Old sayings "don't send a boy in to do a man's job", "if you want done right do it yourself".

NOA1 was your initial Receipt for USCIS saying that they have received your Petition. They are "No Other NOA's as of this date that you of your wife are aware of?", this doesn't pass the smell test with me, your lawyer is not telling you everything, like why is your petition in Memphis. It's been nealy 6 months since the Petition was filed and recieved by USCIS in Vermont, it's at this location where your petition will be apporved for NOA2, then it's on to the NVC, in Portsmouth, NH for the remaining processes.

USCIS in Memphis will probably do the interview in the future, but your not anywhere close to an interview date to ROC (Removal of Conditions), you haven't been issued a Visa to Immigrate yet?

Read the terms and conditions of the retainer agreement, is it a Flat Rate or hourly rate and None-Refundable contract? Your lawyer needs to earn the legal fees, seek Fee's arbatration, and file a complaint with your State Bar Association.

Hi VJs

I need a special advised since you guys are more experienced on your cases.. l have discussed my case earlier here but no one gave me a good reply.. anyhow I am going to share it here again so you experts can advised so I can have some kind of peace in my life…

My wife filed a petition for me on 24^th of December 2014 and that’s our priority date as well but our NO1 date was 12^th of Jan 2015 our file is laying in Vermont Service Center, after 5 months in 30^th of May, we contact USCIS that why our case if not approve and it’s been a 5 months the agency person over the phone she opened us the inquiry file with referral number… after 2 week we have received a USCIS letter from Memphis Tennessee and its stating below words.

Thank you for contacting USCIS concerning the above referenced application. Below is the summary of what we have found and how the issue has been resolved or additional action required.

What we have done:

USCIS has reviewed your service request, according to USCIS records, your application is still pending at the USCIS Memphis field office (MEM). At this time, we anticipate you should receive a notice of interview from USCIS within two hundred forty days of this notice, Please be advised that posted processing times are goals based on Field Office averages. These goals are subject to change and can vary from office to office. We apologize for any inconvenience caused by delays in processing

WHAT you can Do

If you do not receive a notice of interview from USCIS by the time specified above, please contact the national customer service center at the phone number below.

So, we discussed this issue with our lawyer and he was little pissed over our contact with USCIS as he said we should not contacted them ever and now we have a red flag on our case and our lawyer cannot grantee how long this case will take to resolve, However he asked not to contact USCIS anymore he will do this job and wait for further actions from USCIS.

Someone please advise who ever been on similar situation.

Now my concern is why do they need an interview at this stage with my wife. Second how long this will take more to get approve, third after this interview my case will be faster or will be slow as hell here.... or they will always doubt on us and red flag will be there on my interview as well.

I will be really thankful as I am not getting proper answer from anyone… your help require here.

The first question I would have after reading your post. (1) Why is your Petition in Memphis, Tenn. and 'Not at the Vermont Service Center"? (2) Was the Petition sent to the Chicago Lookbox?

USCIS response times from telephone inquiries is 30 days, that's why they give you a tracking number from the conversation.

Congress man/women could help in your matter. Good Luck

Your still in UAE and haven't immigrated yet?

Patients and Faith, it's something both of you need in your relationship, what your going through is known as the "Test of Time", the waiting time is that "test", you've gone this far in the process, which it the hardest part of the process, now is not the time to give up. Kept the Faith and have patients, if your relationship is "True Love", then you both will see it to the end, stay positive.

I have been down both the K1 and CR1 roads, Skype everyday if possible, I think the time diffference is about 13 hours from a West Coast to the Philippines, see how you to can work this into a daily video chat, your USA mornings and her Philippines evenings, you'll need this as evidence anyway to prove your communicating, use the snip-it tool for screen captures.

Hi VJ,

I met my girlfriend online through facebook in September 2013. We met in March 2014 as she came to India for 09 days. We find each-other compatible and decided to marriage. In May 2014, she filed an I-29 petition in USCIS. I appeared for fiance visa interview at US embassy/New Delhi.

CO interviewed me for approx 15 minutes but from the beginning of the interview she seems uninterested. She asked me few questions which I answered honestly, but she didn't get convinced. at the end of the interview she indicated me that I have to wait. She kept me waiting for almost 04 hours and then she gave me a letter mentioning my case put on hold under 221 G because of insufficient evidence. She told me that she's returning my case back to USCIS/NVC and next proceedings will be informed by them only. She returned my case on 20 Jan'15 back to NVC and NVC return my case to USCIS on 20 Feb'15. We got notification on 20 March 20115 that they have received our case back at USCIS and they will inform us within 180 days for further proceedings.

Since then it's been almost 03 months and yesterday my Fiancee received a notification that

There has been a recent processing action taken on your case.

Application Type: I129F, PETITION FOR FIANCE(E)

Your Case Status: Initial Review

Please anybody can explain me the meaning of Initial Review at this stage. How long it may take for further action. Validity of an I 29 petition, police clearance and medical fitness is for 06 months and it is already been 06 months passed. Please advise if we will have to apply again and fill that all fees again. We are planning to marry at the end of this year, but are waiting for USCIS proceedings to finalize. I'm here looking forward to hear some helpful information/suggestion from your end.

Were you married before your wife filed the I-129F, is this is true, then why on earth did you filed a Fiancee Visa "We find each-other compatible and decided to marriage. In May 2014, she filed an I-29 petition in USCIS", when you were already married, you should have filed an I-130 IR1/CR1 Visa Application.

You might want to read up about the consequences of missleading the Government. Serious Red Flag!