loughrey101

Can someone tell me if the visa petition expiry date ceases to matter once packet 3 (DS230 in particular) has been filed or does it still affect you up until you get the visa in the post, so that if it was to expire the day before your scheduled interview date you would have to reapply? I was given no information on an expiry date but noticed there is one from this website. I think it's 4 months? It seems a little short considering how lengthy things can be with embassies.

I just went thru the AOS process for my husband, the fee is $1070.00 for green card application, work permit and advanced parole (ability to travel) but............ before that we had to see a civil surgeon and get a second round of immunizations. i already had added him to my insurance and they got billed as routine so my insurance covered them at 100% (she billed about $600.00 for 3 different shots) but she charged me a $200.00 paperwork fee and put all details in a sealed envelope that i sent to USCIS with the AOS application.

we filed on 4/19/13, biometrics was done on 5/24/13 and we got work permit and advanced parole on 6/29/13

The one thing I'll miss about Europe is medical bills are much lower than the states and we don't have to worry about insurance. I'm going to have a hard time adjusting to these kinds of things. But can I ask why he needed a second round of shots? I hope I won't have to do the same and so I'd like to get everything covered over here first because shots here cost no more than 20 bucks a shot.

So basically you are just arguing to argue then. On one hand, you keep insisting it is perfectly fine to have a ceremony because it is not legal and it won't stop you from getting a K-1. Then on the other hand, you say not to do it and play it safe.

The fact is people get denied, whether they are legally married or not. Those advising not to do anything that could be construed as a wedding in the eyes of the CO are trying to help people get through this process successfully and with the least amount of time and hassle. Those are the ones whose advice others should pay attention to and follow.

Some consulates are much harder to get approved at than others. It is always best for someone to research the processes and procedures of the consulate they will interview at. Reading reviews is a good start. Knowing what is acceptable and what is not where you will interview is a must. The CO has the final word. It is not as simple as getting a lawyer to appeal if you get denied(http://www.visajourney.com/forums/topic/346279-how-can-a-k-1-misrepresentation-denial-be-overturned/?p=5093534). Why go through any of that when avoiding it to begin with means no risk and no hassle? Arguing that it SHOULD BE okay because it is not a legal marriage just mucks up the waters.

No, I initially was thinking from the legal standpoint that everything would be okay because it does not invalidate the K1 visa conditions because the government only recognises things on paper, not word of mouth. But as I thought about it I felt it would be more advisable to play it safe and not take the chance because confusions could happen if the ceremony was made known to the consulate and so it is better to avoid these things and slow things up.

I was only talking from the legal stand point and whoever gets denied because they are not legally married (i.e. unregistered) would easy win an appeal because they are permitted under the terms.

All consulates have variations on how they do things but all are under a common law governing this department. But since you are dealing with an individual who can get confused by various cultural practices it is best to avoid these potentials. So the point is I agree with you that it is best to wait.

Pictures are definitely not necessary but they sure are the nail the seals everything. But being able to prove that you were within the same address as your fiance can definitely be used as evidence. Do as the other person said, send a photo of the stamp on your passport that clearly shows the date, plane tickets, and bills etc.

Yes, gas bills etc. will count as evidence if they can be used to prove that he was in the same geographical location as you at the certain date. I used shop receipts etc. to prove I was in the same town as my fiancé within the date I stated on the forms of when I was last in the US.

There must be some time limit for filing for AOS without the possibility of a future deportation because marriage does not automatically entitle you to permanent residency in the United States and after a certain length of time, long after everything has expired and you make no attempt to file for adjustment, then surely you will be deemed an illegal at some point, Right?

In some countries a religious marriage is all it takes to be legal and recognized. You can tell the people in these linked cases so adamantly that there is no way to be denied if you are not legally married and have it registered? (and this is only a couple of cases...there are more, even those being denied entry with their K-1 because they used the word husband or the CBP officer saw wedding photos in their luggage)>

http://www.visajourney.com/forums/topic/306181-k1-visa-is-rejected-what-are-the-alternatives-can-i-apply-for-spouse-visa/

http://www.visajourney.com/forums/topic/346279-how-can-a-k-1-misrepresentation-denial-be-overturned/

It is a disservice to turn a blind eye to the fact that a CO's discretion is the final word on whether or not you get approved and advise people they will be A-okay as long as they do not register the marriage. If they believe you are married, they can deny you a K-1, whether you were legally married/registered anything with a court or not. What constitutes a legal marriage is not the same across all countries.

I'm not turning a blind eye, I know it often depends on the whims of the individual consulate and that is why I then advised him on following your advise to be safe. I was talking that legally speaking there is no problem doing what they wish to do since it does not invalidate the condition of the K1 visa but because these things can cause confusion with consulates it is best to play it safe.

Good Luck for the rest of the journey.

Thank you very much Jonny! I wish you the very best of luck with your application and I hope we can both be in America with our loved one by Christmas.

In some countries a religious marriage is all it takes to be legal and recognized. You can tell the people in these linked cases so adamantly that there is no way to be denied if you are not legally married and have it registered? (and this is only a couple of cases...there are more, even those being denied entry with their K-1 because they used the word husband or the CBP officer saw wedding photos in their luggage)>

http://www.visajourney.com/forums/topic/306181-k1-visa-is-rejected-what-are-the-alternatives-can-i-apply-for-spouse-visa/

http://www.visajourney.com/forums/topic/346279-how-can-a-k-1-misrepresentation-denial-be-overturned/

It is a disservice to turn a blind eye to the fact that a CO's discretion is the final word on whether or not you get approved and advise people they will be A-okay as long as they do not register the marriage. If they believe you are married, they can deny you a K-1, whether you were legally married/registered anything with a court or not. What constitutes a legal marriage is not the same across all countries.

ALL legal marriages in every country, whether it is the West, India, an Islamic country or whatever are only legal and valid when they are registered with the government. All religious weddings are registered once the ceremony is over. The only way a government can know of who is married and who not is by having a marriage register and this is obviously important because the rights and responsibilities of a single person is different from a married person. There are cases even here where you can perform a religious ceremony and not register but these marriages are not recognised by the law and can often be deemed illegal since they are often used by certain groups to marry off under-age girls etc. In the cases you mentioned in the links the consulates wrongly interpreted the religious ceremonies as marriages although the US government's definition of marriage is one that is legally validated by the state and registered. They probably could have succeeded in appealing that with an attorney because it was a confusion on the part of the consulate since their religious marriage did not fall within the definition of what the government legally defines as marriage.

AOS - After marriage to obtain first GC.

ROC - filed in the 90 days prior to the expiration date of the GC which is 2 years from approval (if you divorce in this time she needs to file as soon as the divorce is final).

N-400/USC - If you're still together, 3 years from the "resident since" date on the GC (minus 90 days). If you're no longer together, it's 5 years (minus 90 days).

Please also bear in mind, the fees went up in Nov 2010

- AOS $930 + $80 = $1010

- ROC $465 + $80 = $545

- N-400 $595 + $80 = $675

TOTAL = $2230 (a saving of $110 compared to now)

This also doesn't include, as others stated, photocopying, mailing and any other random costs. Prior to that of course the fees were even MUCH lower (its a little distressing to read how much cheaper :S) so it's likely the $2340 that we're quoting you now will be a few hundred dollars more down the line.

The AOS is the one that hurts the most, you have 2 years to save for the ROC (and it MUST be filed before the GC expires otherwise her LPR status will be revoked and she's deportable). N-400 you don't have to file as soon as the window opens so you have time there too.

Wow it's really unfair they charging over a thousand for the AOS straight after the expense of a wedding and possibly a new home. It really is very expensive the whole process even though their service quality is notoriously poor. Is there a way to pay that in increments? The GC lasts for 10 years I believe so you have considerable time.

I've heard two numbers $1076, and $2200

What are the costs from AOS through citizenship?

A very good question, I'd love to know that too.

However, it could be considered a real marriage by uscis... If it smells like a wedding....

Yes, you're right, it's better to be safe than sorry and I think they're going to play it safe now. The most important thing for them right now is securing a life in America and everything has to orientate around that.

Off topic but I just want to say you are one of the best wedding photographers I've seen. You have such attention to detail and I'd definitely be getting you for ours if you were based in Oregon.

Yes the key difference is what is called a Civil Marriage in USA and there is an equivalent in many other countries and then the "traditional" or say a religious marriage. the civil marriage is the one that is registered with the government. I was married (I-130 14 months process time) in Catholic wedding in Colombia, South America, but that was also registered as a civil marriage and it was the civil marriage that was recognized by the USA Immigration.

Now, after a divorce and annulment long story hehehe), I am in process for an I-129F fiancée visa. Our intent is to have my Filipina fiancée come to California and we will have civil marriage here in USA, then return to Philippines for a formal Church Catholic wedding for her family to see. It takes care of all the requirements Immigration and family/cultural.

I wish everyone good luck in life.

A legal marriage in order for it to be legal has to be registered by the government so that they can officially recognise the couple as married for tax and other purposes . Civil marriages are not the only marriages registered by the state. The difference between a civil and traditional marriages is that a civil marriage is conducted my a civil servant such as a judge, while a legal traditional or religious marriage is conducted by someone who is not appointed by the state but still is licensed by the government to perform marriages. In order for it to be legal the clergy etc. must have a permit to perform the marriage and register it with the state, and the couple must have a license. Without these documents the marriage is not recognised by any government or legal authorities are being genuine.

After you marry, she will file for AOS and that is when she will apply for EAD(work) and AP(travel) as well. Those 2 form fees are waived when filed with a pending I-485 for adjustment. It takes about 2-3 months to receive EAD/AP after filing. She can probably attend school even before the green card approval but you will probably have to pay higher tuition rates. Check with the school she plans to attend to find out their procedures and requirements. AOS guide> http://www.visajourney.com/content/k1k3aos

This is not correct. You apply for the EAD at the same time as you apply for AOS, not before it. You can do it before, if you want to waste $380 and have an EAD that expires when your I-94 does, making it useless. Also, I am not sure what you define as 'not take very long', but those who have been waiting for their green card approvals for almost a year or more might disagree with you.

It is correct, a K1 visa holder does have permission to apply for an EAD as soon as they enter the country and I know people who have done that. The catch of course is that you have to apply again during the AOS application. But some have done the prior process because they needed to support themselves as soon as they entered the country because marriage preparations can take quite some time (a Catholic couple, for example, neesd marriage preparation classes which can take some time).

Hi!!! About the police check yes they need a report from the countries you have lived for more than 6 months so you need to travel to Germany to get the good conduct certificate from them,there are no short cuts to this, not being able to provide that may delay everything.And the fact that you already stated that you lived in Germany for 9 months is in their records so you cant back down on that.An for the medical examination don't be in a hurry to do that UNTIL you receive a letter of appointment for the interview they usually give you like a months notice so you have time to do the medical- the thing is the medical examination expires so you don't want to that too soon coz its a lot of money to do medical examination. I went through the exact thing so just follow procedure, Good luck

Eve

The requirement for the Kenyan Embassy are not necessarily the same as those of the London Embassy. He is best to follow the guidelines on the website and in Packet 3.

Hi all, I have a couple of questions, and I would be very grateful of any insight or past experiences. First up is a quick overview:

I am British, engaged to an US citizen (USAF). We filed our I-129F in November and according to the Senator's office (who has been checking up for us)it's getting close to being processed so now I am trying to get organized to reduce waiting time.

My first question is regarding police background checks. I already obtained one for the UK, but I am getting conflicting information about whether I need one for Germany, where I resided for 9 months. Here is what is stated on the travel.state.gov site, linked to from the USCIS webpage, under Required Documentation:

Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16

And here is what is stated on the London Embassy website, where I will be attending my interview (if the I-129F is approved):

Police certificates are required for all countries you have lived in for more than 12 months over the age of 16 years.

Does anybody know which advice I should follow? I'd rather avoid the large hassle of taking a trip to the German Consulate to obtain the certificate if I have to, though of course I'll do what is necessary to prevent any issues with the Visa application.

My second question is: Is anybody able to explain the medical interview timing clearly to me? I am aware it needs to be undertaken before the Embassy Interview, but how far in advance, and do I need to wait for a 'summons' in order to make the appointment? This is the information from the London Embassy website again:

When and Where

The medical examination is performed by an Embassy approved physician at one of two medical centers in London. The medical examination cannot be performed by the applicant's own physician. The medical results are couriered to the Embassy within 5 workdays of the examination.

The medical examination must take place before the visa interview. The Embassy will not schedule the interview until they have received the results of the medical examination.

I'm guessing that I should make the appointment for the medical once the NVC has forwarded the pack to me, but I'm not certain. Or perhaps the pack will have this information enclosed. Does anybody know?

Thank you for reading this wall of text, any responses will be greatly appreciated!

I would go with what it says on the Embassy website because it is them not USCIS that you will be dealing with. But if you could it would be best to try and apply for a police cert from Germany to be safe. You could always write to the German Police and request them to mail you a copy. But nevertheless do what the embassy says because it will be them you will be dealing with from here on in. Embassy consulate's have some variations about what the consider to be valid for approval and obviously 12 months if what they consider. Since you've been under this time then it would be okay to ignore it if you have to.

Regarding the second question, once you get your Packet 3 then you are free to book a medical. You would be best to contact the relevant clinic and try booking it once you get your case number.

Hello;

My finance & I are hoping to marry late Mich. summer, or early fall. I haven't looked into this, but how long is it before she could work in U.S., or take some community college courses after we're married?

Thanks,

Rob & Jel _D

She'll have to apply for a work permit once she enters the country and then apply for a green card once you get married. The process for granting these permissions does not take very long.

Hello everyone,

I'm about to send my I129-F package since DoMA is now history.

My bf and I were in a weird situation regarding immigration so he used a B1/B2 visa "a lot" to visit me in the U.S.

I would love some people thoughts about his next trip to the U.S while waiting for NOA2.

Last time he got pulled into secondary inspection - first time after 7 visits within 3 years - since the IO did not really understand why he was coming in the U.S for 6 months or then going home for 5 months (I do understand why the IO sent him talking to someone else though).

My bf did not really said he was visiting me - just said he had a lot a free time and some savings and loved going to the U.S - but his I94 allowed him to stay another 6 months even if he said he was staying only 2 weeks.

The second IO told him his journeys were confusing cause it seems he was living in the U.S with a tourist visa and that he should consider another status to be granted entry next time.

We were scared he would not be able to come again so he decided to stay longer since his I94 was good for 6 months and he changed his return flight.

He left in February and he's now working in his country, that was not the case before.

He just got approved 2 weeks (15 days) holidays for August with his work so of course we want to see each other before Christmas.

We are willing to take that risk since we know that even if he's sent back home that won't affect the K1 application but what do you think about his chances to go through immigration? I know it's a "stupid" question and nobody really have an answer...

I really think he will be fine, he has a B1/B2 and doesn't need it cause he could used the VWP.

When he will come in August that will have been a little more than 5 months since he left the U.S.

This time, he will bring his last pay-stub, lease, one or two utility bill, I129-F package, and maybe NOA1 (too much?). He will have a return flight of course.

Honestly he can't stay more than 2 weeks, he needs to be back in Europe to work, he doesn't have much savings anymore (at least not to stay another 6 months without working). We are in a different situation since DoMA is repealed, we know it's a matter of time now!

We talked to a lawyer few months ago and he told us since he went to secondary inspection last time, he won't clear immigration without talking to a supervisor this time and that he will likely be deported.

I'm not a really optimistic person but I guess he will have to go to secondary and will only get 15+1 days on his I94.

Sorry, I'm really bad making long stories short!

Thanks for your thoughts!!

You called the person you intend to marry your boyfriend, make you that whenever you are in the presence of visa officials that you avoid using the word boyfriend and instead say fiance because I have heard people having issues and being turn away because they referred to each other as boyfriend and girlfriend.

Dr Gleeson gave me a tetanus jab for free, but that was 5 years ago....

Hey, can I ask you where you collect your medical results from Dr. Gleeson? I hear some people saying that you have to go 'across town' to collect them - not sure what that means. I'm not very familiar with Dublin beyond the city centre. It must be a real pain for people down near Cork to have to take 2 trips to Dublin for the medical. Thanks very much! :-)

I don't fully agree with this. USCIS (as well as other federal agencies/departments) have recognized the traditional wedding ceremonies for matters concerning immigration benefits. You can find lots case history on the USCIS website where marital status was upheld based on traditional weddings with no civil registration.

Also there are plenty of cases here on VJ where petitions and applications have been denied based on the perception that a person was married.

Yes they have, as with Christian marriages in America and Europe, but these traditional marriages are legal marriages and are still registered by the government of that country. In this case it would not be considered a real marriage outside of their family context because it is just an informal exchange of words. USCIS are only concerned with whether it is a legal marriage that is registered, and hence validated and recognised by their state. As long as they don't mention this 'marriage' at the interview or on the forms there is no way of the US authorities knowing about it or even caring less. This does not abuse the terms laid out by USCIS for a K1 visa. It is all about about using the words husband and wife with the authorities.

Hi! My husband got the tetanus booster included in the medical a month or so ago. Don't worry about BCG as it's not given in the US. It's actually quite unheard of. If you can get your record of the BCG from the county clinic or anywhere I would do it though because BCG can sometimes cause a slight positive result with the TB skin test (Mantoux in Ireland), which is very common there and required in a lot of states for certain types of jobs (teaching, health professionals, etc.).

Thanks very much Diht, I really appreciate the info, particularly the part about the BCG because I wasn't sure if they'd make me get it again and I didn't want to because of the scaring it can leave on the arm. I have my medical records and handed them into the local, now I just need to get them back from her and take them with me to the medical. Well I hope to go into the teach profession in the States one day so I don't know how that will work out. Hopefully I'll be able to get my medical next week because I'd love to get that part out of the way so I'll only have the interview to worry about.

Any marriage before arrival in the US invalidates the K1 and any benefits you get from it. IF it ever comes up that you married prior to arrival your wife is subject to having her status in the US stripped and deporation with a lifetime ban. IF marriage before travel is that important withdraw the K1 , get married and start all over with a CR1

It's any LEGAL and registered marriage before arrival to the US invalidates the petition. The US authorities only recognise marriage as being administered by those which hold legal power to do so and which will be registered by the state. The traditional wedding in this case is equivilant to actors in a movie carrying out a marriage scene in the movie, it's words but lacking a legal basis. All the US authorities need to know is that they are not registered anywhere as married. The only person they would be better not to call each other husband and wife in the presence of the US authorities is that it will only confuse them and they might have trouble understanding that the world 'marriage' has two completely different meanings in this case.

You could get 'married' within a traditional marriage so long as this is not a legal wedding that will be registered in your country because the US government will not recognise it as a wedding unless it is registered and legally valid. Just don't call yourself husband and wife on any forms or at the interview. In order to be able to use and be entitled to a K1 visa you need to get legally married in the US. But since it seems your traditional marriage is more an informal occasion that is between you and your family then it would be okay.

Is traditional wedding recommended for K-1 visa to fulfill family tradition? Would it affect and interfere with k-1 visa?

As long as it is a legal marriage which is registered by the state and which you can prove with an official marriage certificate then any cultural wedding is valid - it also must be a monogamous marriage (must only have one wife).

I had fundamentally the same inquiry (will be going through London). Since the Embassy will not schedule their interview until the medical is finished, it seems you can cut many weeks off this long process IF you can schedule the medical once you get the number from NVC (even if the Embassy does not have the NVC papers yet) so as to have it done even before the Packet is sent to you from the Embassy, thus allowing you to instantly return the form saying you have everything ready, and thus schedule the interview. However, not sure if the doctors let you do this, or if when your medical stuff then gets transmitted to the Embassy their computers go into burnout mode dealing with medical exam results for someone as to whom they do not have the NVC materials yet. Any comments from the experts here would be appreciated. Thanks!

Yeah, that makes a lot of sense having the medical done before Packet 3 comes, if the doctor allows that. I was told my the panel doctor's office here in Ireland not to book with them until I have an appointment date from the embassy, so that's why I sent packet 3 prior to my medical. As I said in the last post, it's annoying that's there's no way to directly contact them and seek clarification or clear up confusions considering the application part if the most complicated of the whole process because each embassy has so many different requirements and can be quite confusing.

In my case I didn't get a number from NVC, I got it from the embassy. I think the number you use to apply for the visa to the embassy is given by the embassy and not the NVC because it is coded to the relevant location: in Ireland it begins with DBL because the embassy is in Dublin. I ndon't know how London works though. have you received packet 3 yet?