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Posts posted by ca1bear
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Hello All
I missed the interview date due heath problems, the date was on january 22, what should I do now?, I was not able to inform them or contact, am I going to have to start all over??? I have still been sick, and probably wouldnt be able to travel within 6 months.
If I start all over, should I send the approval NOA2 with the whole package to make it easier for them?
Please any help is aprecciate
Thanks
You or your Fiance definitely need to contact the Embassy/Consulate immediately. Even if they cannot reschedule, it will help your standing should you need to re-apply. Of course, one of the conditions of the Visa approval is your medical physical... have you already completed that? If you have been that ill, it could be difficult to get your Visa approved though.
Try to contact Embassy though via e-mail at this address: immigrationrio@state.gov
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I personally spoke with USCIS agents this past year and asked about my Fiance (now Wife) coming on a Tourist Visa and then getting married here and adjusting status...
Basic answer, if the intent is to circumvent the I-129F or I-130 process to begin with, it would result in a ban.
In your situation, if you have already let your tourist visa expire and you are still in the country, my only advice is to get an attorney now and turn yourself in to USCIS. But even that may be too late...
As well, given your spouse is not a U.S. Citizen and he was complicit in your violating your Visa, his LPR status is subject to being revoked and he would be deported as well. You will want to take a quick "Google" on harboring and/or aiding and abetting an illegal immigrant.
The real sad matter of this is that cases like yours are what makes it so difficult for people to legally immigrate to the U.S. and what drives the high costs for immigration fees.
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If it deals with the IRS, the immediate term of "OUCH" applies...
Anyways, if I read the information correctly, it applies to income earned while you are a U.S. Citizen or Legal Resident unless you file for an ITIN with the IRS and declare your income taxable by the U.S. and exempt from your host country. Of course, I am not a tax attorney and I am only speaking from second hand information, but this was the case for several foreign spouses married to military members I had known when I was serving in Europe (over 12 years).
Be careful though, Obama may have found a way to levy Social Security taxes against them and circumvent the entire IRS and Tax Return process anyways
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best to post in your regional forum for lots of opinions on the matter
I spoke with the USCIS helpline last month and I was told that K3s are being approved faster than the K1s.
Perhaps the reason is because they receive more money for the K3 process ($420 I-130 petition fee per family member and then $230 for each Visa and the subsequent fees for adjustment of status). Seems a little backwards to me though because children (under 18) of a Fiance are included on an I-129F petition which is just $340.
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This thread may need to be closed and archived... thanks to modern American bureaucracy, the fees and requirements have changed substantially. Now, a Non-immigrant Spouse Visa requires BOTH and I-130 AND I-129F to be filed. In addition to this, there has been a new fee levied by USCIS which must be paid prior to entry into the United States.
From the State Department Website (http_semicolon_//travel_dot_state_dot_gov/visa/immigrants/types/types_2993_dot_html)
The First Step: Filing the Petitions
You, the U.S. citizen sponsor, must first file Form I-130, Petition for Alien Relative, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition. See the USCIS website under K-3/K-4 Nonimmigrant Visas for more information.
You must then file Form I-129F, Petition for Alien Fiancé(e), for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition for a K-3 visa.
After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.
As for the fees, for the I-130, it will be $420 per person (spouse and any step-children)... then the I-129F; though it says no fee for K3 Visa applicants, it also says for IMMIGRANT Visas however, the K3 is a NON-IMMIGRANT Visa. The K-Visa application fees are currently $240 per family member. And then, IF the Visa is approved, the USCIS Immigrant fee of $165 per family member. This does not include medical examination or vaccination costs which are requisite for the Visa approval, nor the costs for airfare or the adjustment of status to legal immigrant status.
So, in my case, just to get my wife and her daughter here, I am looking at paying roughly $2,000 in fees for the CONSIDERATION of letting her come to the U.S. to be with me...
And then, applying for adjustment of status is $985 for the spouse and $635 per child if applying at the same time as the parent/spouse... oh yes, not to forget the $85 biometric fee as well. =-)
Question regarding Wait time
in IR-1 / CR-1 Spouse Visa Process & Procedures
Posted
I would have to wonder if you're a member of the U.S. Government... I've worked for them for 24 years now. When it comes to making things as archaic as possible, they excel; and they have internal policies (called grey papers) which would shock the everyday civilian. Never-the-less, do you have any statistics, or just your general observation from the posts here in the forum? Thanks.