lunaboriken

Hey Newbie! Honestly VisaJourney is a guide and you should not relay on the information shared here. Look at the forms and manuals online, you can spend your time better by reading the forms and getting more familiar with your particular situation. "Taking time" is usually the wrong route because of the sensitivity of immigration cases.

I understand your parents took the first steps and dropped the ball. Now, you are old enough to take ownership and stop relaying on your parents steps. Immigration doesn't like people who procrastinate so get in shape buddy. Do what you need to do and do it Now.

If you've been in Canada long enough to continue there then follow that route. However, please read with your own eyes. Stop depending on peoples "knowledge" and build your own. Use us as a complement not a source.

I know it's crazy to think this way. When my husband and I started our journey we weren't married yet but we dated 2 years. We went to an Immigration lawyer for a consultation since we had No idea how this works at all. After getting our basic information, the first thing the Lawyer asked was if I was paid by his family or anyone to get him the green card. I was like "what!?" why would you think that!? I said no.

She then explained that my country was on the list of high fraud and I would need to be very careful with the process. I couldn't believe what she said. She told me it's very common in my country for people to pay the process plus commission to the bride or groom to go through visa process.

I was so upset. Thanks to the people who do these things, those like me who are clear have to go through these high alert procedures.

My husband and I did the process without the lawyer and everything was approved fine. When you are clear about what you are doing there is nothing to fear.

What to know country?.... Puerto Rico.

Having an optimistic mind it's super important. From this point on things might change and the fact that you are having these situation is an opportunity to see how she really is. It's an opportunity to see whether or not she is in the marriage for good reasons or if she feels sorry for you (which you should teach her you are in control of your life, you don't need a green card to succeed in life).

These are very important days in your marriage life. It should be super hard but you need to bring an optimistic mind to the table and forget about the immigration process and focus on what you really want for yourself.

Like others have mentioned, if this is a one time thing and she learns from it... I would give her a chance but if it's a second time, she might have that attitude as her normal behavior and if you don't agree about sharing your wife, you need to make it clear.

Here what really matters it's your relationship, not the immigration process.

You are in control of your destiny and whatever you decide today you need to be clear that it is going to determine your future.

Another thing, I hate the fact that she might be using you and forcing your to keep shut because of your immigration process. I think you should report her. Get some lawyer advice here.

Also, be careful with that fact that you love her but you also have another interest with your papers... so you should know whether or not they are the same or different.

After all, you guys are married and you have rights, as well as she....(sadly)

Yes, that was what I thought too. We never said we would buy his service for further paperwork. He didn't write like "Could you please send us a copy of your green card", but his wording was "when you receive the green card, send us a copy..." that sounds like we are obligated to. Now I know that we don't have to, we're not going to.

Did you sign a contract?

My hubby and I were so close to use a lawyer but thank GOD we just sat down and read everything because Lawyers are not helpful unless like others have said you have deportation, criminal records.. and so on.

You can call USCIS and ask if it's required to give a copy of your gc to the lawyer. To my understanding, you can't make a copy of the gc for security purposes...

You have to be very careful. DO NOT trust a lawyer, afterall, it a business not a friend.

I would say get a job ASAP. Call and ask for a request of service if it out of the time guideline.

There is nothing you or even the President can do if Immigration wants to take there time.

Be patience. Keep the love.

My AOS took from Dec 2011-Dec 2012.

So, it does take time. You can't enter this process with a hurry else they will show you how it works.

Perhaps a quick re-read of the original post.... The question was "If someone is declared mentally incompetent, can they still petition for a k1 visa. - the petitioner i am asking about."

The OP wasn't asking about the beneficiary and there is no requirement for the petitioner to have a physical.

I can reply whatever I want to share... the post is the same as not reading the papers they need to read....

Well the OP posted a very simple one line question. They gave no specific details about the case or the parties involved. So I gave a general answer.

I dont disagree that people who are declared as such dont have the right to marry.

The simple facts are in order to file a K1 petition you

must be a citizen

intend to marry within 90 days

you are free to marry

and you met with in 2 years or qualify for a waiver of that requirement

So the 'hitch' here is the free to marry clause. A person deemed mentally incompetent usually is not free to marry with out the consent of their legal guardian. (unless like posted above theres a clause that allows them to marry but not control their finances)

Therefore the initial petition would only be approved if USCIS had no knowledge of the fact that the petitioner was deemed mentally unfit.

There would be further issues as the K1 process moves along, as the petitioner would have to submit the I134 aff of support, which is a contract they would be unable to legally sign on their own.

So a person deemed mentally unfit would not be able to obtain a K1 visa w/o the support of their guardian. And even with the full support of their guardian it would be a difficult case, as the fiance would have to prove to the embassy that the relationship is legitimate.

IMO if someone is in this situation, where one person is disabled and has a guardian, the easier path would be the spousal visa route. When you compare the K1 to the spousal visa route, the cost and processing time is very similar, and if the petitioner has the full support of their guardian, then it shouldnt be a problem to marry their love and have the guardian help them with the necessary paperwork to bring them to the US.

USCIS requires a medical evaluation and that has a reason. They want to make sure you are physically healthy and mentally stable. Someone who is not mentally stable is a financial burden to the spouse and state. Therefore, its does not qualify.

I suggest you read the forms carefully and call USCIS if you have any questions.

One thing I do want to stress is that whether or not USCIS approves or denies your petition, your relationship is what matters the most. Being together and having a continuous relationship should be your top priority at all times.

Perhaps there is always the first step forward to open new chances for others.

If you provide pictures they must be dated. Make sure they are not just you and your spouse but group pics with both of you in it.

Bona fide docs by relatives are very good https://docs.google.com/document/d/1YCNDv44qaik_jiO2pMfBiQ6kMwpPaPnU_JPB7pTmiw4/edit

they need to be notarized.

Bring everything you sent in originals, follow your Interview letter instructions. Follow it.

EVERYTHING. So start working.

Tip: Answer exactly what they are asking you. Be 100% honest. If you don't know an answer say: "I don't know" or "I don't remember". Be open and honest. They want to know everything about you and prove everything is authentic.

Best wishes.

I spent months putting my packet together to the exact instructions for my I-129F packet. Today, received a package from USCIS. It contained the ziplock bag I had placed my passport photos of myself and my fiancee as well as the ziplock bag of photos containing my photos of evidence that she and I were together. The package was accompanied by a letter that said "Dear Sir, we are returning those atiems because they are not in a format that can be put in your file folder for an agent to look at during this stage of the process". The letter gave no receipt or case number and only told me to call the USCIS toll free number if I had questions. A got the run-around all day. I am miserable and terrified that the government has lost my packet with all of my affidavits and original material. FED EX confirmed delivery of my packet to the Texas office on the 12 of December. I have not yet received a I797 notice of action, so I have no ID number or case number. I figured out why they returned the assort photos, but still have no idea why they returned my evidence photos.

So, the question is what do I do next. Someone suggested that I wait until I receive a I797 then resend the photos with my receipt number. Yet, I am afraid they will not send me a I797 because of the missing or inadequate materials. If I just send the photos in with my name and without a receipt number, then they are sure to be lost. I am very seriously troubled about this. Can someone please give me some advice or let me know how I can remedy this? If they did not return my entire application packet, but only a few items, does that mean they will still send me a i797 and just request those missing materials...or is my application lost altogether. Please help. I'm missing my fiancee so much, and this is making my holidays miserable not knowing if all our hard work has been lost in the bureaucracy. Anything??

Focus. It's very important you read the instructions and re-send what they are requesting. They clear state they can't work with the picture format. Send just few with dates and passports notarized.

I understand how you are feeling and all I will say: Stay strong. The day is closer than yesterday.

My AOS process took from Dec 13th 2011 - Dec 3rd, 2012.

It's a waiting game. No matter how much you read it, you won't take it serious until you experience it in your own skin.

See the positive side. They haven't denied, nor send RFE. You have a chance to re=submit the evidence in the appropriate format.

Best wishes!

What exactly can one send in with the I-130 package for proof of bona fide marriage? Does one actually send bank records and photos in with the I-130+documents? Currently, I am thinking of sending in photos as well as bank information for a jointly owned bank account. What else do people recommend sending in/what can one send in?

Thanks

You should read the instructions carefully so you base your documents on exactly what they are asking

Pictures need to be dated (otherwise they wont count)

Bank statements showing both names (I also added an original letter from the bank stating you are joint and when date open)

ALL your bills joint (utilities, rent contract etc) if you don't have one now, request the company to provide you one.

Tax Returns W2's

Letter of employment (position, time, hours, pay)

Marriage certificate

Bona fide marriage docs has to be notarized see a sample of what I sent (please make it your own)

https://docs.google.com/document/d/1YCNDv44qaik_jiO2pMfBiQ6kMwpPaPnU_JPB7pTmiw4/edit

I wrote a letter explaining how we met and how our relationship developed.

For further information re-read instructions

http://www.uscis.gov/files/form/i-130instr.pdf

Best wishes!

Don't listen to these people. It is absolutely true. And...

1.If you miss some of the words they send you home

2. you sing out of tune the visa is cancelled and you must live in the airport

3. Miss many words and its a life time ban

(however you children can petition for you under a Z496,subsection 32, paragraph R, after 25 years)

You must do this standing on your luggage for everyone on your flight plus the next two. So don't mess up. :rofl:

( hope you can take a joke! )

ROLF!!!! I love it!!! LOOOOOOOOOOOOOOOOOOOOOOOOOOL (x3)

Is it really true that on your entry at US.. I have to sing or recite the US national anthem..? Just want to ask if its true.. Any immigrants there that already in US.. Have u experienced what I'm talking about?

Are you for real!? How old are you? Silly. May be you will do it... make sure you post a video. LOOOL

All-

I have been looking through the great advice given in many other threads but haven't quite found one that deals with this question (I assume it should be a popular question though, so if it is indeed redundant I appologize and can someone point me in the direction of a thread that deals with it?)

I am a US citizen and my fiance is Turkish, we have applied for the K1 visa which is sitting in the Vermont Center now (with a NOA1 of around Nov 30 2012, though I haven't been home to check the mail for an exact date). As I'm sure most of you are in the same boat, we are trying to figure out when we can set the date to plan for the wedding (it will be a traditional wedding, not a mere run to the court-house thing). We are planning to have a reception (NOT legal marriage) in Turkey one weekend, then official marriage and reception in America the following weekend. We are looking at Sept 1, which gives 9 months, but of course we know this is a gamble with the venue and not to mention the 30+ Americans flying to Turkey for the Turkish part and 30+ Turks returning for the American part. We have been kicking around the idea of setting that date and telling people not to buy plane tickets until, say, 3 months in advance, but even then is a gamble since you wouldn't be certain of anything).

So my question is this- if the gamble doesn't pan out and we in fact do not have a visa by that time, can we have the wedding reception in America anyway, but just not apply for the marriage certificate, therefore not legally marrying, and have her return to Turkey after, finish the visa process, and return and get married legally in a courthouse afterward? We would make it abundantly clear to the visa officials and arrival officials (or should she just not mention the "wedding" since it isn't a legal wedding?). We wouldn't get legally married so I don't see any official legal problems with it, just assuming it would open a can of complicated worms about them not believing it's just a "for show" wedding, etc. Thoughts?

First of all a wedding is merely a simple day that you set up to tell people you are committing to your bride for the rest of your life... so you should be focusing more on your relationship more than a wedding day. If your fiance is driving you crazy about it she needs to chill. Marriage is a big deal and is more than a cliche "I do".

See man, when you apply as K1 Visa you must follow the proceeds as they state in the documents. You need to wait the processing time. A lawyer is not going to speed a process... do you know how many people apply for the same thing!? Read the papers you submitted and know that you need to wait.

If you get marry you are telling the Vermont Center that your K1 Visa is Void because your status has changed from engaged to married which constitutes a whole new Visa process called AOS (I-1485) where you state you are legally married and your marriage is a truthful union and not for immigration purposes (you probably need to send I-130 to provide sponsorship support)

Chill. This is a waiting game.

If you can't hold yourself... you should re-think what you are doing. You love each other... so you need to wait. Visit her, do engagement party, take her to a nice restaurant.

Vermont Center will take as long as they want.

I submitted the AOS for my husband on December 13th 2011 and we got approved in December 3rd 2012.

Trust me you won't believe this is a waiting game until you experience it in your own skin.

Best wishes.

My case:

My husband tried to extend his F1 Visa through school but because he missed the due date to register he was out of the F1 Visa guidelines. We were still dating at that time. We spend 1 and 1/2 apart. I came to the US to live together. It took us 2 years to be able to submit everything under the guidelines for the I-1485 and I-130 and all other forms I can't remember the names. We provided copies and originals of EVERYTHING. We prepared Bona-fide Marriage Affidavit that our family members were willing to sign and notarize as proof of our real intentions. https://docs.google.com/document/d/1YCNDv44qaik_jiO2pMfBiQ6kMwpPaPnU_JPB7pTmiw4/edit . This is a sample of what I sent.

We went for a legal consultation. It gave us the basics but it was going to charge us 3K for just initial submittion of docs. We decided to read, study on how to apply.

Man, take your time to read. Make sure you and your girlfriend have real intentions to get married. Marriage is more than having some green card. Since you have been denied in another form it might be suspicious but every case is different and they should give you the space to hear your AOS packet.

F1 Visas who apply for AOS is high alert because it's another way some people fraud the system. However, if you are clear and your relationship is in good faith, you should not worry about it. In F1 and M1 you don't mention you have a lovely girlfriend you want to marry.

Read. Read. Read. The waiting game might be starting for you. Please avoid having your F1 Visa expire... it's an unnecesary stress (like I had), if you can. However, marriage is a way USA forgives.

Always have in mind every case is different and is seen differently by the officer. If you can have a legal consultation with a lawyer that always helps, but try submitting the docs yourself.

Best luck!

Just tell them the truth, that the round trip ticket was much cheaper than the one-way flight, it's most likely not the first time that they've heard that.

congrats and good luck to you!

I agree... the truth is what they want to hear.... sooooo don't worry. That is a very small issue. Just don't go outside of the US if you are looking to get the permanent residency. I am not sure out K-1 works.

Hi all!

Our petition was received on the 25th of July 2012 and has been stuck on initial review ever since... We have a lawyer representing us and she has only just noticed this... I have been keeping an eye on the USCIS website and have noticed that it has always been on initial review. But due to the fact I'm not a lawyer and am not completely understanding of the whole process I just assumed the initial review was considered to be part of the NVC stage as well. This is why I hired a lawyer because I do not know everything. So I guess I'm just wondering has anyone had any experience with excessive wait times whilst waiting for NOA1 or has any idea why this could be taking so long? Is it lost, did we get an RFE?! No one (us or our lawyer) has heard anything back from them. So confused and frustrated at this point, I really do not understand.

If anyone has any ideas I'd love to hear them.

Matt

If it's outside of processing time, call and do a Request of Service. It might or not help. In my case, I submitted AOS + I-130 on December 13th, 2011, got bio-metrics in January '12 and we stayed on Initial Review until November '12. You can talk to your lawyer, contact the Congressman... but if they want to take their time, they will and they will make it clear.

Our documents got transferred to California Center and Misouri. The whole time it stayed in initial review until end of November 2012 where we got the Interview notice... on the interview we were told we would get RFE by the officer.. and instead got approval... so... it's just depends on every case, man.

I was this close to submitt my docs with lawyers but since my husband didnt have any criminal records, our only "fault" was that he over stayed with F1 Visa expired we decided to submitted ourselves. we saves 3K man. So, think about it. This site is very good. You must take your time and read.

This a waiting game and when I say "waiting game" I mean for real intense waiting game. So patience man and Good luck!

Sometimes there is a confidence factor that you need to be aware of. It's not just the answer. For example,when my now wife went for her interview the CO told her that they have evidence that I was still living with my ex. Her response was a definite "no way". She lives in New Jersey and I live in New York. He lives alone with his dog Tasha. That was enough to get her visa.

For you. " how many friends does she have"? I don't know. But her closest friends are Mary and Jane.

" how many miles does she travel to work"? I don't know. But she has to get up at 6AM, take a train, and needs to be at work at 9AM.

"what day did you tell her you loved her". Don't not really remember the day, but we were in the park and we sat down on a bench and there was something magical in her eyes and...." ( basically recalling the event )

Understand? It may not be the exact answer but it shows that both of you have been communicating and beginning to know each others life and have shared many things. That is their main concern. Just my 2 cents.

I agree!

My AOS and I-130 took from December 15th 2011 until December 3rd, 2012.

Sent to Chicago, tranfer to California, transfer to Misouri, then Interview was assigned.

Be brave!

I understand the stress but an Interview is a test and there are so many ways they will try to intimidate you to see if you fall.

My AOS Interview took 10 minutes and the agent said: So, how did you meet him (my husband)? I explained in a simple sentence. Then she rolled her hand asking to tell more. In my mind I was like.. I answered your question and that's how I met him. I kept explaining our relationship history until we got married.

Then the agent asked my husband for proof of income (since he came as F1 Visa and overstayed for 3 years) with the original Western Union receipts. He was asked if he could provide it for the last two years. He said: "Yes I can provide it. I might not have all but I can send you what I have."

The agent told us she would review the case and she would send an RFE. Same night we got email for approval.

My point with this is that even if they make you feel you are doing something wrong, you just need to go with what you have, as you have it. Simple.

Have some Bona-fides documents explaining how your relative knows you. It has to be notarized. Hope this helps

https://docs.google.com/document/d/1YCNDv44qaik_jiO2pMfBiQ6kMwpPaPnU_JPB7pTmiw4/edit

Read about how to respond to questions from USCIS. I learned that if you don't know something, you must state it as it is "I don't know" "I don't remember"

I pray for you to have strength! Best wishes!

I always like to start by saying: "Every case is different."

When you are petitioning under Adjustment of Status for Permanent Resident who entered with a F1 Visa, you must provide all the documents required to prove you are capable of supporting the beneficiary financially. You need to be making more than 18,000 per year (2 household). You need to provide your tax forms and W2s. You need to be living together, same bills, same bank accounts, same rent agreement under both of your names, same EVERYTHING under both of your names.

A co-sponsor comes into play when you are not able to provide the income per year based on the guidelines. The minimum required for the co-sponsor will vary based on the number of households. The co-sponsor becomes financially responsible for the beneficiary (this does not mean the co-sponsor will be charged the processing fees). Remember the co-sponsor can be any family member, friend who is US citizen.

Even if you have a co-sponsor, you still need to show everything joint.

My husband entered with a F1 Visa, he overstayed 3 years. I sponsored him. From the moment we moved in together it took me two years to reach the income required. I got two jobs to make it faster. We thought to have co-sponsor but I wanted to keep it just him and I. Involving more people is too much stress (for me). I personally think, co-sponsor helps but the income guidelines are way higher, I didn't go that route. I felt 18K was easier to reach than having a co-sponsor help (this will be different for everybody).

We went to a lawyer consultation. It helped a lot. We submitted the documents on our own on December 2011. We got our documents transferred to California and Missouri. From there we got interview on December 3, 2012. Same date we got emails stating we got I-130 approved and I-485 Card Processing and another email stating the Welcome Letter will be mailed with Decision.

The length varies per case. Our case took quite a long time but I was prepared to wait as long as everything would be approved. It takes a lot of patience. A lot.

Sit down with your husband and plan it. Review your financial status and how you can reach the guidelines. If a co-sponsor is needed get it. Remember that everything is possible, you just need to find the way.

Every case is different. It's analyze differently.

Did you provide Marriage Certificate?

Cultural shock.

Gotta embrace it with courage! You can do this.

Google it and go out to learn the real life in your area.

Follow the address change process refer to the link https://egov.uscis.gov/crisgwi/go?action=coa