mrs.smithelia

Congrats!! Hope you have a long and super happy life together!!!

Your cousin is the one that has to apply for the B2 (tourist) visa and she has to prove on her own merits that she can afford the trip and that she has strong ties to her country and will return before her I94 expires. See here http://manila.usembassy.gov/wwwhniv7.html and here http://manila.usembassy.gov/demonstrating-ties.html for more info

Am I missing something? It seems that the mother is a US citizen. Why wouldn't he be a US citizen? I understand that she didn't apply for a passport when he was born at the US consulate, but still, children of US citizens are automatically US citizens. No?

You learn something new on this website everyday...

Actually, yes and no...these seem to be the rules for married parents (according to Wikipedia anyway). It doesn't look like they would apply in this case, unfortunately.

Under certain circumstances, children may acquire U.S. citizenship from their parents. The following conditions affect children born outside the U.S. and its outlying possessions to married parents

• If both parents are U.S. citizens, the child is a citizen if either of the parents has ever had a residence in the U.S. prior to the child's birth
• If one parent is a U.S. citizen and the other parent is a U.S. national, the child is a citizen if the U.S. citizen parent has lived in the U.S. for a continuous period of at least one year prior to the child's birth
• If one parent is a U.S. citizen and the other parent is not, the child is a citizen if
  • the U.S. citizen parent has been "physically present" in the U.S. before the child's birth for a total period of at least five years, and
  • at least two of those five years were after the U.S. citizen parent's fourteenth birthday.

The funny thing is that the article goes on to say ''Title 8 U.S.C. § 1409 paragraph provides that children born abroad after December 24, 1952 to unmarried American mothers are U.S. citizens, as long as the mother has lived in the U.S. for a continuous period of at least one year at any time prior to the birth.''

It just doesn't make any sense. But I guess the same can be said about most immigration rules

The fee for advanced parole is waived when filing for AOS, just like for the EAD. So, it should have been $1070 + $420

I sent a copy of the certified translation of my birth certificate with my I-485. Actually, every document I sent was a copy (except for the forms and the sealed envelope from the cs). I didn't have any problems, they didn't even ask to see the originals at the interview.

Like it was stated above, you might get your GC before your EAD/AP because they are different processes. My card was approved in 61 days (and like a month and a half later I got my GC)but I received 3 different letters of acceptance with 3 different receipt numbers(EAD/AP/AOS) That's what I find strange about your case...did you send everything in the same envelope? If on your NOA1 the EAD is not mentioned, I would call them again and see if they can tell you what's going on.

We didn't send any pictures (or receipts) of my ring or our engagement party and we didn't get any RFEs, we were approved with no problems. Just include anything that shows an ongoing relationship...more pictures,chat logs, skype, facebook, emails. If there's anything I can help you with, feel free to send me a message =)

Once the USCIS approves your petition, the US embassy in your country will send you (either by mail or email) packet 3 which is where they will give you instructions for your medical... so that's when you can have the examination, not before

So, what records did she bring to her K1 medical? You need to bring some proof of immunizations to have it approved. Unfortunately, the same goes for the AOS medical.

I didn't have my records from when I was a child. So, I explained this at the interview with the physician (for my K1) and he ordered a blood test to see which shots I needed (This helped me to save money on shots because my insurance only covered 40% of the cost) I used those results for my AOS medical and had no problems. Maybe you can call the civil surgeon that will sign her form and ask if this is something they can do; this way you don't have to pay extra for another doctor to see her. Just an idea. Hope it helps

Just gather all proof of relationship you have and go for it. It will help if you can visit her before her interview or maybe even go to the interview with her.Since you mentioned CR1, it is also an option but you don't have to move to her country...you can go there, get married and return to the US to start the process. I think the waiting time right now is pretty much the same for both. Good luck on your journey

Here's all the info you need http://www.visajourney.com/content/ssn . Sometimes, people at the SSA office don't seem to be aware that K1 visa holders can get a SSN before getting a GC or EAD, so it's also important that you follow step 5...in case they turn him down, he has written proof that he's eligible for a SSN.

If your case is straightforward (no overstay, criminal records, etc) you don't need one. Just read (and study) the guides http://www.visajourney.com/content/guides . I know it seems overwhelming at first but it's really not that complicated. I'm going through this process myself and I get all the help I need from this site =)

SO is necessary that the Fiancé must be present for the interview ?

If your eligibility to adjust status is based on marriage, both husband and wife are required to attend the AOS interview.

OP, we have our interview next month and I hadn't even thought about this. It's great that you brought it up...and an awesome excuse to go shopping

each time you use your tourist visa they will let you stay for up to 6 months (even though you tell them that your stay will be shorter). The CBP officer at the POE will attach your arrival/departure record (I-94) to your passport and it's up to them to determine how long you can stay...they will stamp the date you need to leave by on your passport as well. Hope this helps =)

Ok, you never posted anything about I129/H2B. You just posted a link for EB3. I was reading the requirements for H2B (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d1d333e559274210VgnVCM100000082ca60aRCRD&vgnextchannel=d1d333e559274210VgnVCM100000082ca60aRCRD) and India is not included in the list of eligible countries so you wouldn't be able to pursue this visa even if you had your degree

I think you were looking at the correct info. If they are hiring you as a permanent worker for skilled labor (something that requires specific training), they should go for EB3/skilled workers. I know this has already been said but the big issue with this type of visa is having to demonstrate that there aren't US workers ready to fill that position. This is what the 'labor certification' is for. To apply for this visa, they have to submit form I-140 which requires the labor certification as supporting evidence. So, I think they need to start by taking care of that and then move on to the visa process itself.

Hey there! Your employer has to file for you. There are visas for temporary and permanent workers. Most of these visas require a labor certification, this is a process through which they have to prove that they are hiring an alien because there are no US workers in the area that can fill that position. You can find more info here http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a39e901bf9873210VgnVCM100000082ca60aRCRD&vgnextchannel=a39e901bf9873210VgnVCM100000082ca60aRCRD

Well...you can't bring a cousin on a family based visa. If you want to bring someone to work for you as a nanny that would mean that you are that person's employer and it would require an employment based visa. I've no experience with it myself but I was checking the USCIS website and I don't think this would be a realistic option because these visas require a 'labor certification'...this is a process through which you have to demonstrate that you're hiring someone from abroad because there are no skilled US workers to fill that position.

Here's the link http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a39e901bf9873210VgnVCM100000082ca60aRCRD&vgnextchannel=a39e901bf9873210VgnVCM100000082ca60aRCRD

The other option I can think of is an au pair program. Though I don't know if it's available in the DR, I know some countries have these agencies that help you get a job as a nanny in the US, say, for a year. This, of course wouldn't mean that your cousin would be working for you or that she'd live close to you but it's an option to at least have her in the US (if that's what you're interested in)

Doesn't seem to be the case...looks like the USC is the one that has to be 21 or older. Check it out http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b8c93e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=b8c93e4d77d73210VgnVCM100000082ca60aRCRD

I'm not sure either what type of visa you're talking about...K1? Visitor? The evidence you need to bring depends on what you're applying for. And in the case of a fiance visa, you need to have met in person within the last 2 years (unless it goes against your culture/religion or you can prove that meeting would would result in extreme hardship to you.) Please give us more info so we can help =)

Well... the USCIS website says :

''Q:When does the flu season start for purposes of the seasonal flu vaccine requirement? Since the seasonal flu vaccine is required, do I have to get the seasonal flu vaccine if it is not the flu season?

A:For purposes of the immigration medical examination, the flu season starts on October 1 and ends on March 31 each year. If your immigration medical examination is during this period, you are required to have the seasonal flu vaccine. If you have an immigration medical examination completed between April 1 and September 30, when it is not the flu season for immigration purposes, you are not required to document that you have received the seasonal flu vaccine.''

I had my med exam for the K1 in May last year and the flu shot wasn't a requirement...however, I had to get it for my AOS in December. I think they will accept it as it is now since it's not flu season in Chile but they will require it in the US if he does his AOS before March 31

It's not really required. If you don't get an RFE or if in the email/letter you get with the appointment date they don't tell you that there's something missing,you should be alright. If you sent copies of forms/documents with your packet 3, then you do need to bring the originals.

I made a copy of my packet and brought it with me just in case and I wasn't asked for any of it. I even brought more evidence of relationship (I had already sent a ton) and they didn't really care for it...I guess they had already seen enough =P

Hope this helps =)

I had my K1 interview in July last year. The first thing the lady did was to cancel my visa...she stamped a big 'canceled without prejudice' thing on it. She explained that she did that because I was now showing intent to stay in the US. Then, she moved on with the rest of the interview. Buena suerte! =)

For the SSN, you need to go to your local Social Security Office (locator : https://secure.ssa.gov/apps6z/FOLO/fo001.jsp). It's recommended you go after 2 weeks of his arrival and 2 weeks before the 90 days are up. The SSC he will receive will read 'Valid for work only with DHS authorization', so it will allow him to get a job while his GC is being processed...as long as, of course, when you file for AOS you also send in form I-765 (Employment Authorization Document).

You also need to get married before the 90 days are up. These 90 days begin the day he enters the US and the actual expiration date will be on the I-94 form that will be attached to his passport at the port of entry.

To file for AOS you need to submit form I-485 and all of its supporting evidence. This is the actual Green Card request. Together with this file, you can also file forms I-765 (again, this will allow him to work while GC is being processed)& I-131 (Advanced Parole. This will allow him to leave the US and come back in case of an emergency. If he leaves the country without having this document, the USCIS will consider that he is abandoning the process and won't be able to come back on his K1 Visa). Both of these forms usually take 90 days to be processed. The I-485 can take longer. For details, I recommend http://www.visajourney.com/content/k1k3aos and http://www.visajourney.com/forums/topic/352906-aos-cover-letter/

Currently, my husband and I are preparing our package to submit my AOS request based on a K1. We never hired a lawyer, just followed all of the guides in this site and so far, we've been doing great =)

The K1 is a single entry visa, so you'll be fine as long as you enter the US before it expires. After that, the expiration date on it won't matter anymore because you can't use it again.

At the POE, they will stamp your I94 with a new date and this will make your stay valid for 90 days. During that period you are to get married, get your SSN and file for AOS (as long as you got married withing those 90 days, you will be able to file foe AOS even if the 90 days have expired. However, it is advisable that you do it within timeframe to avoid any unnecessary issues)