Mogambi

Well first, this whole thing is just ridiculously complex and somewhat suspicious.

But here's my take, which will be very different from the others.

First, you have ALREADY committed immigration fraud. That is done, and not much to be done. To come forward now means to admit to doing so.

Second, I think that anyone here assuming the border patrol is going to match her finger prints to an older entry into the US, I highly doubt it. I think you give your government too much credit.

IF she really entered under an old name, if everything was true, I suspect you'd get away with it. I mean, at this point, you're already so deep into it, I'm not sure what I'd do. If you come clean now, you're likely facing something serious, she'll probably be banned, you'll be in trouble, etc. You could withdraw your petition, and then start over, but by then they might also match it. You could start over, and claim that all of this just came to light, that your fiancé didn't tell you all of this because she was so scared, and she hid it from you.

Either way, about the ONLY thing you can do right now is to find a very good Immigration Lawyer. I'll tell you that this one is highly regarded, he gave me some free advice on my case on something, and although he's in LA, you could at the minimum do a phone consult, explain your case and get some honest advice about how to proceed.

But you're in dangerous water at this point already. This is the lawyer that I had great luck with:

Chris Wright

The Wright Law Firm, a Professional Corporation

22144 Clarendon Street, Suite 302A

Woodland Hills, CA 91367

(818) 595 0257

(818) 595 0258

It's actually neither, it's a new third plan they have. You can find it pretty easy on the Vonage home page. But it basically includes the same rates and free countries as Vonage World, but costs $5.00 more a month ($29.95 versus $24.95). So it's like Vonage World + $5 to add unlimited to Globe.

Since TM is owned by Globe, they are included, and since so many Filipinos have at least dual sims, and usually they have at least one Globe or ™ number, along with a Sun or Smart, my fiancé is able to call nearly anyone!

If the interview slot is November 21, and your NOA2 expires Oct. 11 then you are schedule an interview after your NOA2 expires. I think you'll want to call the embassy and explain that you need a four month extension to your NOA2. I have heard it's no problem, but better to contact them before your NOA2 expires so they can get it extended without any problems.

I dont' believe you need Dubai because you can't get it easily from outside the country. My fiancé was in Kuwait and it was the same thing, not possible to get after you've left the country.

Singapore you will absolutely need however, so get started on that one even while you research Dubai.

Just FYI to anyone considering this, we finally switched from Ooma to Vonage and this deal and it's been fantastic! Call quality has been perfectly fine, and being able to call unlimited to Globe and ™ is just great. So far, all the calls have gone through, and haven't had one dropped yet either.

I think well worth the $30

OK here's one additional question. Since her medical fell outside of the Flu Shot season, she didn't get a flu shot. But now when we file in October or November, it IS flu season. Will she need a flu shot because we are filing AOS 'in' flu season, so did that only matter for the date of the medical...

We'll be filing our AOS for my fiancé (well, will be wife when we file).

I see conflicting info recording the Civil Surgeon and need to file I-693.

We have the Vaccination record from her medical in Philippines, and also a copy of her second Varicella shot. In Manila they gave her TDAP, MMR and the first Varicella.

I believe those are the only 'required' ones for this, except I've read on other pages that all immigrants are also required to have Flu shots, and Hepatitis B. Does she need to get these?

If not, do I really need the I-683 form, or can I just include copies of her vaccination record from the medical?

In some countries you can even schedule the interview before she receives her Packet 3. For instance, in the Philippines, all you need is the case number, and that is assigned from the NVC and can be obtained by calling them a week or two after they receive your info from the USCIS. In that case, you can go online and schedule your interview, even before your packet is sent from NVC to the local Embassy, and before that Embassy sends out the Packet 3. Russia may be different.

However to answer your other question, the police report will just be brought along to the interview, so it's certainly not required for scheduling the interview.

I will tell you though that in our case, we needed police clearance from Thailand. I assumed we would have it in the 2 weeks they quoted, and we scheduled our interview. Of course it didn't arrive in time, and we had to reschedule our interview twice to later dates while we waited for it to arrive.

But yes, you can certainly schedule your interview to when you 'assume' you'll have everything. If for some reason there is a delay, you can reschedule your interview to a later date.

Yes, normally you would bring that one with you to the interview, and not include it in the initial petition. Since it can easily take more than 6 months for it to move through USCIS and NVC and everything, you might consider getting another one closer to when you think your visa will be approved, just to be safe. It would suck to get to the interview, have them ask for a current one, and then have to wait again while you go and get it.

However, one would like to 'THINK' that the embassy, seeing an older police report but also seeing by your passport that you haven't re-entered Japan, so couldn't really have committed any new crimes, would accept the initial one you sent just fine.

But I personally wouldn't take the chance.

Just to be clear though, your NBI clearance should be that one that says it is for overseas travel, or travel to the US, something like that. There is another type of NBI that locals get just for employment, and it's not the one you want. So assuming you have the right NBI, and if you are still in Kuwait, get your police clearance from there, and you're all set!

Your congress person can certainly be of use in cases where something goes wrong. And yes of course they have access much more direct than you. However, your congress person doesn't have authority to 'prioritize' your case, or get them to go any faster than they are able to go. The time to contact them is if you are denied and believe it's wrongful, if something else goes wrong etc. Not just to complain that you hate waiting like everyone else.

Agreed, this will be much easier for her from Myanmar. All of the things you said shouldn't actually prevent it from being possible, but you will probably need help is all. If the Thai police clearance shows a record, she'll need to deal with that. You might need an immigration lawyer.

Also the issue with her child.

But good luck!

I agree, personal letters mean nothing, they would be the easiest thing to forge or have your friends write, so they mean nothing, and no one cares to see them.

I also agree you're being impatient, there are hundreds if not thousands of people in the same boat as you, and while I agree that it would be great if the processing times were better, they are what they are, and you'll have to wait your turn like everyone else

No idea on the food stamps, but she'll be allowed to travel anywhere within the US without problem. it's only leaving the country before her green card (or AP) arrives that causes problems.

You do not need Police Clearance from Philippines. My fiancé went ahead and got Zamboanga and Manila police clearance, and even Barangay clearance from both too, just to be safe.

She was also in Kuwait before, but since she wasn't living there now, she couldn't get police clearance from there and wasn't required to have it.

The larger the age gap, the more suspicion that will placed on you for sure. And it sounds like you, the female, are the older one, which is considered pretty suspect (much more than an older man marrying a younger woman, which is considered pretty normal most places). So while there is nothing that says they can deny you for that, just be extra careful to have your evidence rock solid is all, and be ready for extra scrutiny.

If the relationship is real, you shouldn't have any problems.

I have no idea if Jordan is considered a high fraud country like Nigeria would be, for example.

The tricky thing about Thai police clearance is that you have to show that you were a resident there, my fiancé had a Student Visa, so that was the proof. If you had a work visa you could use that. But in this case, since she is there illegally, she's going to have a hard time showing a document that showed she was in Thailand legally. In which case I'm not sure that they will grant the police report. Just her being there illegally isn't going to be a huge deal for the American Embassy probably. But she'll need that clearance, and the Thai police might be reluctant to give it. I still think even the crimes she was arrested for that you listed won't be an issue as they don't involve drugs and things like that. But it's going to be complicated for sure.

And yes, if she applies in person, they're going to ask to see visa at the Thai Police Clearance.

If she trys to get the Thai police report she will have to produce a NOA 1 - 2 or P 3 letter from the US embassy as well as a copy of the USCs passport bio page. Because she cant do this she will need to be very careful in her actions or she will end up being deported or buying her way out of the police station if shes lucky. I hope those that advise this realize what she may have to endure in a Thai jail. As an illegal with a child she will be sorry and helpless. The OP will need to know how to hire a Thai lawyer and have his bank account full to get her out. Her last stay cost 700 bucks; this one will be considerably more I assure you.

If she did get the police report it will show her crimes. The embassy will review that and realize she is an illegal. Lying about anything will end her chances of being granted a visa.

The rules about children are applied by all embassies. The Myanmar courts may be different than others when it comes to getting a court order but it is critical that the O P begins with the embassies procedures and policies where ever he decides to attempt this extraction of a child.

There is a reason this women fled to Thailand risking both her freedom and that of her child. I doubt she will return just to see what will happen because she knows what could and probably will happen. Should she take a chance? What will happen to the child if she is wrong?

We got police Thai clearance, and most certainly didn't have to supply the bio page from me, the USC. Here's the link to information about obtaining Thai police clearance:

http://bangkok.usembassy.gov/root/pdfs/thaipoliceapr09.pdf

The requirement on initial filing is only to prove that you have MET in the last two years, not proof of ongoing relationship at this point, so it wouldn't be that.

More likely, if he only sent photos, and didn't include copies of boarding passes, receipts from his trip, copies of the passport stamps from the visit, then more likely than not your RFE is for this, that you didn't include sufficient information proving that you've met in person in the last two years.

No big deal if so, but until you get it, there's not a way to know for sure.

My fiancé is now here, and we will marry soon. But I'm having some confusion about just which vaccines she is required to have. I sort of thought that at St. Luke's Medical center in Manila, where she did her medical, they would give her all the vaccines she needs. But in fact, it seems that she needs a bunch more?

They gave her the MMR and TDAP, and also the first Varicella. We then followed up with a doctor in Manila to get her second dose of Varicella at the correct time.

But here's what I'm confused. On the form, they check under Polio 'no age appropriate', and didn't administer. Same with Hep B. But it seems that both of these are actually required for her for the adjustment of status phase?

Or is this someone where I just find a Civil Surgeon, let him look over the form and he'll administer what we need.

The reason I'm asking, is that my health care, once she's on it, will probably cover any vaccines she needs, so I'd rather have them done there than pay some civil surgeon to administer them.

Confused why they didn't do the other vaccines at the time of the medical, which would have been nice, since they were included in the price of the medical!

You are mistaken a bit. After her POE, she is NOT a permanent resident. Only after she receives her Greencard is she considered that, and that will take another 6 to 9 months, AFTER you get married.

So she will NOT be able to leave the US and travel back to the Philippines after her POE, until either 1) she gets what is called Advanced Parole, which is something you can file for at the time you file for her adjustment of status, or 2) she has her Greencard.

Without one of these two things, if she leaves the US she will NOT be allowed back!!!

You cannot apply for AP or Greencard until after you are married. At the time you file Adjustment of Status (the first step in getting the green card) you can also file for AP and also EAD (which will allow her to work before her greencard gets here).

AP and EAD typically take about 3 months from what I gather (we haven't filed that yet). So the soonest she could leave the US and be allowed back in, would be about 3 months after your wedding, if you filed the next day.

If you have lose ends to wrap up there, better to try and wrap them up before she arrives.

EDIT -> I see you are filing a CR1, sorry! I'm not sure how that affects you, but I think the same, I assume she can't leave until she has either a greencard, or a AP. Or do CR1 holders get a greencard automatically?

Sounds fine. I will tell you that for us, the ONLY thing they asked for at the interview was photographs. I had front-loaded our petition with some evidence of engagement and relationship, etc. So maybe that's why, but lots of times, they barely look at the chat logs, cell phone bills, etc. You'd better have those two, but I'm thinking 5 photos might feel 'light'. You might aim for more like 15 to 20 for the interview part.

You don't need the I-134 until the interview! So by that time, you will have filed your 2012 taxes more than likely, and so none of this will be a problem at all.

Just file as soon as you're ready. If November, you're looking at April or May at the soonest for an interview probably, so no problem.

Yes, go to the interview. But just curious, why did you think that you could get an NBI in one day? For this type of NBI, it usually takes more. Ours took 21 days to get back.

Real estate and non-liquid assets cannot be used for Affidavit of Support. Only cash or liquid assets can be.

Sounds pretty tricky in your case.