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FulanoDeTal

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Posts posted by FulanoDeTal

  1. I apologize in advance that I am too tired to write a very detailed post yet...

    Just wanted to check in and let everybody know that we have successfully gotten a K1 visa for a same-sex relationship from the consulate in Naples. We have the visa in hand. So this can and does work. I hope that gives confidence to some of you out there who are waiting!

    It's been a few busy / trying days in Naples but that doesn't matter now... =)

    According to the woman at the consulate, we were the FIRST same-sex K1 to go through Naples (and thus Italy!)

    Congratualtions, that's great news! When you catch your breath and have time, could you please post a report about the interview questions that you were asked? A number of same-sex couples have interviews scheduled over the next couple of months and it would be helpful to know if the questions seem to be varying much from the usual drill.

    Thanks and congratulations again!

  2. Thanks for all of the replies everyone. I can't say enough how great it is to speak with others who have been or are in the same position as us. I'm sure it's obvious that we are completely overwhelmed by this process, and we haven't even begun yet!!

    So, just so understand, the general consensus is that we should marry in Brasil and start the CR-1 process, and completely abandon the idea of the "simpler" K-1 visa. During this process we should expect to receive a denial, and I will need to prepare a hardship letter with all supporting evidence of the hardship I would endure. But, of course, only after consulting with a few reputable immigration attorneys.

    Does this sound correct?

    That pretty much sums it up. I suggest you talk to the lawyer(s) before doing anything else like getting married or filing paperwork, so that you do not inadvertently create any additional issues. Also, as you have probably figured out, this is going to take time and patience, so be prepared and best wishes!

  3. Hi, and welcome! As others have mentioned, it's important that your fiance fully disclose her prior entry and presence in the U.S. on any documents that you file. I also think that this is the kind of case in which an immigration lawyer would be helpful. For example, there may be an argument that technically your fiance did not "enter without inspection," because she evidently did entered the U.S. at an official border crossing and was cleared by a CBP Officer (albeit an apparently corrupt one). Of course, she didn't have a visa upon entry, and even if she had a visa she presumably would have been in an overstay situation. There may potentially be other issues involved, such as whether your fiance had prior knowledge of payments to the CBP Officer, or was simply doing as she was instructed. So there's a lot going on here, and I think that at a minimum, a consultation with an experienced immigration lawyer would be in order.

    Good luck!

  4. Approved in 38 Days! Fiancée received a text at 10:15pm CST that our status was updated. Checked the USCIS website and our petition was approved on November 8th! We are so so happy!

    We did not include the same-sex state where we plan to marry in our letters of intent but we did not get an RFE. So there's hope for those in the same boat.

    Good luck everyone! dancin5hr.gif

    Congratulations, 38 days is amazing! Good luck getting through the NVC, once you get through that morass the embassy should be a breeze.

    Best wishes,

    Peter and Bonieke

  5. hello! I'm scanning all documents such as receipts, tickets, receipts for lodging and test everything my relationship, for them to send one set of copies of everything! you can do that? or is it recommended to send originals, I have put all the original fear in the bag and then lose my package or something happen .... they think?

    Hi, it's good to see you're moving ahead!

    I sent copies of all of the supporting evidence (passport pages and photos), and didn't have any problems. The forms that you fill out, such as the petition and the G-325A Biographic Forms, should be originals (although my fiance's biographic form was scanned and it still got through). I also sent originals of our letters of intent.

    Good luck!

  6. Hi, welcome and be sure to check out the several same-sex threads that have been active over the past few months. Thus far, the only completed fiance visa interview that has been reported here (I think) is from Indonesia, and it went very well. A number of same-sex couples here now have fiance visa interviews scheduled over the next few months, although I don't think that any of those are in countries where LGBT people are actively persecuted. Your question raises a very important point, because there is a genuine concern that locals employed by embassies and consulates will talk outside of work, which could seriously jeopardize the safety of fiance applicants in some places. At a minimum, this is going to require some serious attention from the State Department, which I assume would include the possibility of processing the application and conducting the interview in another country if the fiance applicant has the ability to travel there.

  7. There's another recent thread on this Brazil forum discussing this same email, which is "Packet 4" but is incomplete. It doesn't mention your fiance's birth certificate -- he'll need to bring the original or certified copy and a simple copy of his birth ceriticate as well. As you know, he'll also need an original and simple copy of your (the petioner's) divorce decree.

    If you haven't already, go to http:// brazil.usembassy.gov and look up the "Fiance Visa (K1/K2) Applicants Instructions Package," and the "Order of Documents for the Interview," which give the complete information.

    Don't worry about the letter, ours is still floating around Brazil somewhere but we have the email confirming the interview date which is fine.

    Good luck!

  8. Hi, congratulations on your interview! You're right, that list is incomplete. You should review the "Fiancee Visa (K1/K2) Applicants Instructions Package," which is available on the consulate's website, http://brazil.usembassy.gov. You will definitely need an original or certified copy (and one simple copy) of the beneficiary's birth certificate. The specifications for the birth certificate are in the Instructions Package. Form DS-160 should be submitted online in advance of the interview, and you will bring to the interview the confirmation receipt page that you receive when you successfully transmit the online form. Forms DS156, DS156K, and DS157 are no longer used.

    You'll also need a simple copy of the petitioner's proof of U.S. citizenship (birth certificate or passport) which is submitted along with the Form I-134. If the petitioner or beneficiary has been previously married you will need originals and simple copies of the termination documents of the prior marriage(s).

    We had the medical exam in Rio, and it will be submitted directly to the consulate by the doctor's office. You'll need to check with your examining doctor to see how his/her office handles that matter.

    Good luck!

  9. After tearing my house apart and cleaning EVERYTHING today, I finally found them....only after getting frustrated and giving up I remembered that I stuck them in an envelope and put them in the safe in case I needed them! I scanned them and I am sending him a copy over Skype. Monday morning I am going to try to get the originals in the mail. I am going to see what is the best way to ensure he gets them by November 27. I have little faith in the mail between here and Brazil due to previously lost packages and letters! I am also sending my birth certificate that was with them. Is there anything else you suggest I send? I'm praying that we can spend Christmas TOGETHER instead of over Skype like before!

    That's great you were able to find the documents. Just to clarify, my understanding is that they will be ok with a copy of your birth certificate, but they want an original and a copy of your (petitoner's) divorce decree, which it sounds like you have now sent. You'll need to get him the I-134 and supporting financial information as well, but that can be scanned. Don't forget it include a copy of your W-2(s) if you are using a copy of your 2012 tax return, since you probably don't have time to get a tax transcript.

  10. Hi again,

    The list of forms has changed since early October, so you should use the updated list that you received with your appointment letter or email. Your fiancé now needs to fill out the I-160 form online and submit it to the consulate electronically. He will bring the confirmation page to the interview. DS156, 156K, and 157 are no longer required.

    You (the USC) need to prepare the Form I-134 with the supporting documents and get that to your fiancé. A copy of your 2012 tax return and W-2(s) will be needed, as well as proof of current job. Consult the form I-134 instructions.

    My understanding is he will not need originals of your (petitioner's) documents (such as passport or birth certificate), copies of the petitioner's documents are acceptable. They will need originals of your fiance's documents (birth certificate, passport, etc.).

    So, the documents he needs from you can be sent to him via email and he can bring copies. I suggest that you also send him a complete copy of your petition and your NOA2. He should bring the interview appointment letter, and he should also have copies of documentation that shows your ongoing relationship (photos, emails. phone records, etc.).

    The medical exam may be sent directly to the consulate by the doctor's office, but you'll need to confirm that with the doctor involved.

    Good luck!

  11. Thanks! Yes, our case left the NVC by 10/25, and arrived in Rio by 10/28. The Rio consulate sent the scheduling letter on 10/31, but another Brazil member suggested that we send an email inquiry to the consulate, and the consulate replied the same day with the interview date and all of the necessary information by email. The 10/31 letter still hasn't arrived, but the consulate says that's not problem because the email is sufficient. The bottom line is that all of our communications are with the Rio consulate at this point. I know that things get handled differently depending on the country, but that's how the F-1 interview scheduling has gone for us in Brazil.

    Thanks again and good luck!

  12. GREAT NEWS! WE GOT OUR NOA2! I received the text and email at 9pm eastern time so not 9:30 but earlier is better! I checked the USCIS website and my hands were shaking as I read the most wonderful words: On October 30, 2013, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E). Called my fiance as I was clicking and we were so happy! Thanks to everyone for their encouragement and for those still waiting this is hope and it will happen. It took 90 days but it was done! It was interesting we had an RFE by phone yesterday for the Letter of Intent, we faxed her the letter and bingo NOA2 the next day. On to the NVC!

    Congratulations guys! You have waited patiently and with good spirits, and now you're on the way. It seems like this whole process is really a roll of the dice in terms of timing. Best wishes for a quick passage through the NVC and then off to the embassy!

    Peter and Bonieke

  13. i just got an RFE regarding this. Ugh !cray5ol.gif

    I'm wondering if my fiance and I (the petitioner) will both need to re-submit our letter of intent. Or I alone could send it. Also, we're planning on getting married in NY. Anyone knew where I could find their "relevant state's law of marriage"?

    Sincerely,

    Nathan

    i just got an RFE regarding this. Ugh !cray5ol.gif

    I'm wondering if my fiance and I (the petitioner) will both need to re-submit our letter of intent. Or I alone could send it. Also, we're planning on getting married in NY. Anyone knew where I could find their "relevant state's law of marriage"?

    Sincerely,

    Nathan

    Nathan,

    I think the safest thing would be for both of you to re-submit your letters of intent, so it's clear that you both intend to marry in New York within 90 days of your fiance's entry into the United States. There are links to the New York law and related documents at posts 49 and 50 of this discussion thread, so you can include that material as well.

    Good Luck!

  14. Hi there,

    My Brazilian fiance just went through the medical exam last week in Rio, and I went with him. You are required to use one of the physicians approved by the U.S. Department of State for the exam. In Rio we used Dr. Joaquim Duarte Silva, whose office is across the street from the U.S. consulate. You can contact his secretary,

    Joice, for an appointment at (21) 2533-1311 or (21) 2532-0513. She will send you an email that contains all of the information that you need. You will need to have the bloodwork and chest x-ray done the day of the exam, and those results are sent directly to the doctor and included in the exam results, which the doctor sends directly to the consulate before the interview date. The only prior medical information that we brought was my fiance's vaccination history booklet, and he received two additional vaccinations that day, one for free at a posto de saude, and the second one at a private clinic (R140).

    Here are the prices we paid in reais:

    Medical Exam: 300R + 21R for the SEDEX package to consulate (the doctor only accepts cash)

    Blood Test: 14R

    Chest X-Ray: 45R

    As I mentioned, we paid another 140R for one of the vaccinations. If your husband can find his vaccination history booklet, that will save a lot of time and money because the doctor will know exactly which vaccinations are necessary.

    Good Luck!

  15. Congratulations on the NOA2! We were in Rio last week and completed the medical exam while we were there because we had received our case number, although we don't have the interview date yet. Be sure that you give yourself sufficient time to get the medical exam done in advance of the interview, because we spent several hours going to get the x-rays, blood test, and additional vaccinations done and I would not have wanted that stress just before the interview!

    Good luck!

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