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Jane & Joe

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    I-131

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    You're not obliged to, but I highly advise you to do it.

    Mainly because you never know if you may suddenly need to come back in your home-country (or anywhere) for a family emergency (for example). Your AOS may take a year to be approved.

    But also because it's free to apply for it when it is done with the I-485.

    Because the form is super easy to fill in (you can write "Unknown" as date and length of your trip).

    Because the documents asked with the I-131 are basically the same as the ones asked for the AOS or EAD forms, so you just make a few extra photocopies (+2 more id pics).

    thank you so much..

    AOS required a copy of government issued photo identification?

    in Working & Traveling During US Immigration

    Posted · Edited by Jane & Joe

    HELLO TO ALL VJ FRIENDS, CAN I ASK SOME INFORMATION? I am applying for AOS from K1 visa holder and since COPY OF YOUR GOVERNMENT ISSUED PHOTO IDENTIFICATION is part of the required document for AOS,then Can i still use my Philippines government photo identification even though my AOS application forms is on my married name?

    Supporting Evidence for the Form I-485

    You should submit all of the following evidence and documentation with your application:

    * Two passport-style photos

    * Form G-325A, Biographic Information

    * Copy of your government issued photo identification

    * Copy of your birth certificate

    * Copy of passport page with nonimmigrant visa

    * Copy of passport page with admission (entry) or parole stamp

    * Form I-94, Admission/Departure Record

    * Evidence of your marriage to the U.S. citizen within 90 days (for K-1s)

    * Form I-693, Report of Medical Examination and Vaccination Record, if applicable

    * Form I-864, Affidavit of Support

    * Copy of approved Form I-130 or Form I-797, Notice of Action, if Form I-130 is pending (if K-3 or K-4)

    * Copies of any other approved application or waiver you have had in relation with your application for K status (Approved Form I-129F, Form I-601, Application for Waiver of Excludability, etc.)

    * Applicable filing fees

    AOS REQUIREMENTS

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    HELLO TO ALL VJ FRIENDS, CAN I ASK SOME INFORMATION? I am applying for AOS from K1 visa holder and since COPY OF YOUR GOVERNMENT ISSUED PHOTO IDENTIFICATION is part of the required document for AOS,then Can i still use my Philippines government identification card even though my AOS application forms is on my married name?

    Supporting Evidence for the Form I-485

    You should submit all of the following evidence and documentation with your application:

    * Two passport-style photos

    * Form G-325A, Biographic Information

    * Copy of your government issued photo identification

    * Copy of your birth certificate

    * Copy of passport page with nonimmigrant visa

    * Copy of passport page with admission (entry) or parole stamp

    * Form I-94, Admission/Departure Record

    * Evidence of your marriage to the U.S. citizen within 90 days (for K-1s)

    * Form I-693, Report of Medical Examination and Vaccination Record, if applicable

    * Form I-864, Affidavit of Support

    * Copy of approved Form I-130 or Form I-797, Notice of Action, if Form I-130 is pending (if K-3 or K-4)

    * Copies of any other approved application or waiver you have had in relation with your application for K status (Approved Form I-129F, Form I-601, Application for Waiver of Excludability, etc.)

    * Applicable filing fees

    can i schedule interview appointment?

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    Yes you can... That's what I did before... As long as you have your case number and you have already paid the fee you can proceed by scheduling your appt. OL or by calling them, but you still have to wait 24 hrs. after you paid your fee, you have to wait until they put you on their system and by the time of your interview your papers are already in the USEM. Good luck... :)

    thanks sherly...i will try to phone USEM today..i tried last night but they said i have to wait when USEM have my file from NVC.hope i can schedule appointment soon.

    NOA2, I-797

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    We received our I-797, Notice of Action today and we wonder if everyone received the same instructions as what we received. The following is what we received;

    The above petition has been approved, and forwarded to the listed consulate. Please contact the consulate with any questions about visa issuance, or if you would now like them to forward the petition to a different consulate.

    There is more but that is just about getting married in 90 days and bla bla bla. It would help if someone can tell us if they received the same verbiage in there NOA2.

    Thank you for any replies.

    Question about the two years period

    in K-1 Fiance(e) Visa Process & Procedures

    Posted · Edited by Jane & Joe

    Hello everyone,

    It's been a year and a half since I met my fiancee and I want to start the K1 process now, however I would like to double-check with you whether we still qualify or do we have to wait until we complete the two years period. I don't think that's the case but again, just double-checking.

    Thanks a lot.

    you dont have to wait til 2 years....you can file K1 now,what they required is you need to see her in person at least once within 2 yrs. Good luck...

    RFE

    in Philippines

    Posted

    The USCIS website, ( if they update it ), well show they are reviewing the information once they receive it.

    Did you wait to get the ACTUAL letter from USCIS for the RFE or just immedicately respond to a text? I believe USCIS wants the letter then sent you attached to the requested documents. I didn't get an RFE during the petition process, but I did get one from USCIS during AOS and they stated in the letter to include the letter with the requested documents.

    We received blue RFE and returned blue RFE with requested evidence, reply was overnight express to address they supplied.RFE was, One or more fields on the I-129F petition for Alien Fiancee were not completed: Page Three Part C, Other Information Question 2 needed to be answered and answer was NO.

    Manila Hospital Appointment

    in Philippines

    Posted

    the only paper you need for medical at st. luke's is appointment letter..(if you decided to do medical after you sched. you interview) that will be available once you schedule you interview and you don't need to go to manila embassy to get that.. if you do online scheduling thru http://cgifederal.force.com/ at the end of scheduling your appointment on that site it will give you the printable version of your appointment letter.. if you do your scheduling thru phone call .. i believe the person u talk will send your appointment letter thru email (that's what happened to me way back when i'm scheduling my interview under student visa). After you print the appointment letter you can go to st. luke's (walk-in), dont forget to do online registration http://www.slec.ph/us/registration/

    Thank you for the information, I know we will be using it.

    Manila Hospital Appointment

    in Philippines

    Posted

    Does anyone know when is the earliest time that you can go to Manila U.S. Embassy to pickup the paperwork for the medical appointment. When we receive the Manila Case Number we will be paying appointment fee so that will be already paid. Can we get the Medical appointment paperwork after we have paid even before we have appointment?

    Request for Evidence

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    10 Points to remember when answering an RFE (Request for Evidence)

    By Shah Peerally, Esq – Managing attorney of Shah Peerally Law Group PC

    10 Points to remember when answering an RFE (Request for Evidence) from USCIS (Immigration Services)

    A Request for Evidence (RFE) is a common tool used by the USCIS (Immigration services) to ask for additional proof in order to make a decision on your case. RFEs are often in point form requesting factual information from either the beneficiary or petitioner. While many RFEs are simple, lately many RFE’s have become more complicated and tend to require legal assessment before they can be answered. Our law firm, having filed more than 1000 immigration cases, is quite familiar with responding to RFEs.

    Based on our experience, we have compiled a 10 Point legal guide to assist you in answering your RFEs. Note that this guide does not cover every single RFE related issue. We highly recommend that you retain a lawyer to help you on your case.

    A well prepared case can avoid an RFE

    RFEs are usually requested because either the petitioner or beneficiary has not provided sufficient proofs or clarification in their original package. Therefore, preparing a completed and detailed package with your application or answer at the outset is crucial to the success of your case. On the other hand, putting irrelevant and unnecessary information in your application or petition can harm you. Professional help in preparing your case is always recommended. A good lawyer can make a big difference for the final outcome of your case.

    Read the RFE carefully

    Having dealt with so many RFEs, we have noticed that many people do not want to read the RFEs properly or they simply do not understand the lingo. If you do not understand all the questions or statements, please consult with a lawyer.

    Do not panic when you receive the RFE

    As mentioned earlier, RFEs are common tools in the USCIS toolbox. You should not panic. On the other hand, you shouldn‘t take it lightly. If you do not have the courage or knowledge to deal with them, seek help with a lawyer familiar with immigration law to assist you.

    Do not miss the deadline when answering the RFE

    Answer your RFEs on time. Indeed, many people believe that they can request additional time to answer their RFEs. Unfortunatly, USCIS has not been giving additional time to answer RFEs lately. Missing the deadline will most likely result in a denial. At this point, you may have to file an appeal or a motion to reopen the case. Therefore it bears repeating: Do not be late.

    Do not file the RFE in parts

    Many of our clients tend to think that they can answer part of the RFE and then wait for USCIS to ask for more. Unfortunately, the way USCIS (or Immigration Services) functions, they rarely send another RFE to give you another chance. The first RFE you receive is normally your only chance to give USCIS the clarification they require. Therefore, it is essential that you answer all the questions as concisely as possible and provide all the evidence requested of you at the same time. Failure to do so will probably result in a denial.

    Organize your answer in a clear manner

    Remember you are not writing an essay. Stay concise and to the point. Make sure you document your answer with exhibits. Also make sure you have a table of contents. Write your RFE in a way that’s easy to navigate. Keep in mind that an actual person will be reading your RFE, thus the more comprehensible your RFE is the better your chances for approval.

    Use a lawyer to answer, if possible

    Using a lawyer can make a big difference. Often times RFEs have important points of law which need to be addressed by someone with legal knowledge. For example, lately, the Neufeld Memo regarding H-1Bs involves many important points of law that only someone with legal knowledge will be able to adequatly tackle. You should remember that only an attorney can give legal advice. Do not be fooled by unscrupulous “consultants” not licensed to practice law. Is it worth losing your immigration case just to save some money? Do not forget that denial of your case can result in a permanent ban. Again, having a good lawyer on your side can make a big difference.

    Remember to put the colored paper at the top of your answer

    Most RFEs are sent in colored paper (usually blue). It is essential that this cover letter goes above all your answers including the cover letter. Failure to do this might delay your case or even possibly lead to a rejected case.

    Make sure you are mailing to the right address

    The RFE will indicate where you should mail your answer. Make sure you are mailing it to the right address. If you fail to comply, the answer will probably be lost and you may get a denial.

    Be polite when answering

    Last but not least, be polite when you write your RFE. I have seen cases where the person answering will be insulting USCIS because they have either asked for something already submitted or asking for clarification in a non relevant matter. Remember, many cases are decided by the discretion of the adjudicating officer. Answering in a polite and civilized manner can go a long way towards helping your case.

    The above are just a few points to remember when answering an RFE. Unfortunately, there are many other issues to consider in your answer. We always recommend having legal assistance while filing a case. Remember a well prepared case usually results in a positive outcome.

    www.peerallylaw.com

    www.shahpeerally.com

    Phone: 510.742.5887

    The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this article, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state.

    K-1

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    Sorry to hear it ...we are now worried about us also its been 6mos + still nothing...they are not working their job right...and why others they got approve with less than 6mos?is it fair to us?i dont understand their steps now....

    I don't understand their processing also...My F' will try to response fast as he can after we receive the mail.

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