team_gn

Hi everyone,

I wasn't quite sure where to post this, as I have been unable to find a DACA forum or similar. I have searched for information on Visajourney, and also my own independent research online. Does anyone know if there is a flow chart, or FAQ or helpful hints available for DACA petitions, as we have for other types? I have already read http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca#request from USCIS site, the DACA Wiki here, and just other DACA-related posts (though there really aren't very many regarding the actual process).

Also, has anyone here had experience filing a DACA petition for himself or someone else? I'm asking on behalf of one of my in-laws, who ( I believe) entered the U.S. without inspection at age 11 or 12 with his father. Anyway, I think that I have a general understanding of the paperwork, but some of the documentation may be challenging to collect. So far my in-law has taken no steps because he cannot afford a lawyer. Everyone else in the family feels that he really needs to take some action ASAP while relief is available to him. From those who are experienced, I'm wondering if this is something that he can realistically do himself, or if he would really be better off to consult with a lawyer.

Thank you in advance for your input. We'll be sure to share our experiences if my in-law decides to pursue this.

Thanks again!

Hey everyone! I just wanted to swing by and let everyone who is still keeping up with this thread that my husband's visa was approved!

To recap, I am white, he is desi, we do not have any significant age difference, this is the first marriage for both of us, we have no children, and we met in person while my husband was on a J-1 visa in the US.

The interview went very smooth. We attended together and my husband was very glad I was there to support him by his side. Overall, all staff at the New Delhi embassy were pleasant and polite. Our interview lasted about 15 minutes and the CO told us my husband's visa was approved at the conclusion of our interview.

Nothing was brought up about his past F-1 denials and they did not ask for a Thai PCC (we thought they might since he lived there for 11 months). The CO focused on his previous time in the US, the time spent with my family, his time in the UK, and my relationship with his family.

It is unreal that he will be arriving soon and no more sad airport goodbyes!

Congratulations!!! I'm just sort of catching up here. Glad that everything went so smoothly for you two. I think it's great as well that you were able to attend the interview. Did you feel that your attending the interview influenced the positive outcome? Do you think everything would have been as great had you not been there? Congrats once again! I'd I would love to know about the rest of the process (POE, etc). Thanks

Mailed the petition Feb. 18 2014, NOA 1 received Feb. 26, 2014 via text. OMG, am I ready for this??!! Just kidding of course. I'm understandably nervous, but also so very, very, very excited to be one step closer to my fiance. My case number begins with SRC. Does this mean anything? Thanks!

Thank you both for the information! I will ask my fiance to check at the local municipal office..

Hello,

Is anyone familiar with the procedure to order a duplicate birth certificate from Uttar Pradesh? I have searched online but having found the correct website I guess.

Thanks in advance!

Thank you everyone for your feedback. I understand that at this point I'm just beating a dead horse. I understand that there is a lot of abuse of the B2 visa, and I understand that COs have a very difficult job. I know that they aren't mind-readers. At the same time, I feel that part of that job is to be precise about the reason for rejection, and also accurate based upon the type of visa being applied for. If the CO really meant I think you'll get married and not come back, or I don't think you have enough ties here, or s/he felt that my guy's answer to why was too vague, or I just don't think you should go visit now, s/he should have stated that unequivocally. And it would provide a very concrete issue to address for the next interview. However, if the CO really did state exactly what s/he meant in the denial, the advice to apply for a K1 in lieu of a visitor visa is downright incorrect. K1 are not visitor visas, they are not easily obtained. Applicants have to sign statements of intent to marry within 90 days. And, there is a limit on the number of K1 visas that can be obtained without a waiver. Plus, that amounts to abusing the K1 system, and makes it difficult for other people to obtain K1 visas.

Thank you for listening to my rant, and I promise I'm finished now. And it's not just sour grapes because of a denial, it's the stated reason behind it. I just wish that there were some sort of avenue to appeal visitor visa denials, especially when the denial reason (based solely upon what the CO stated during the interview) amounts to the CO not understanding the appropriate use of a K1 visa.

Thanks again.

Hello. Thank you so much for the responses here. Just an update.

My guy went for the visitor visa interview this morning. After much debate, we, too, decided that it would be better to be as honest as possible about the purpose of his visit and whom he was going visit.

The visa was denied. But, the reason for the denial was that he was applying for the wrong type of visa. They implied that he was supposed to apply for a fiance visa, not a visitor visa. I haven't spoken to him yet to check any papers or anything that they may have given him, but below is how he said that the interview went.

Officer- why do you want to visit the U.S.

MG- I am going to visit my fiancee.

Office- Why don't you apply for a fiance visa?

MG- I am going to visit her place Meet her parents and relatives.

Office- sorry we can't give you a visa. apply for the fiance visa.

I don't think they asked to look at any documents. I wouldn't have liked it, but I would have been okay had they said you don't have strong ties at home, or not enough money to support yourself during the visit, or I think you might get married, or something similar. While I don't know the "official" denial reason, it seems like the officer is suggesting that he applied for the wrong type of visa, which is incorrect. A fiance visa is not for visiting, and it would have been wrong to apply for that purpose. And it would have been denied.

Thanks for listening.

Just checked with him, denied under section 214B.

Thanks,

Hi,

My guy and I decided that, prior to applying for a K1, we would apply for a visitor visa. We don't know exactly when we plan to apply for the K1, we know it can be a lengthy processes, and we really wanted to visit with each other more, have him meet some of my very elderly relatives, etc, prior to getting married. The visitor visa was denied, basically saying that he should apply for a fiance visa instead. I posted in the B1/B2 forum regarding this.

I am angry more about the reason for the denial than the denial itself. It is wrong to apply for a K1 just for the purpose of visiting, just as it is wrong to apply for a B2 for the purpose of getting married.

http://www.visajourney.com/forums/topic/471822-answering-the-immediate-relative-question-for-b2-application-prior-to-filing-for-a-k1-visa/?p=6797667

Thanks for listening.

Hello. Thank you so much for the responses here. Just an update.

My guy went for the visitor visa interview this morning. After much debate, we, too, decided that it would be better to be as honest as possible about the purpose of his visit and whom he was going visit.

The visa was denied. But, the reason for the denial was that he was applying for the wrong type of visa. They implied that he was supposed to apply for a fiance visa, not a visitor visa. I haven't spoken to him yet to check any papers or anything that they may have given him, but below is how he said that the interview went.

Officer- why do you want to visit the U.S.

MG- I am going to visit my fiancee.

Office- Why don't you apply for a fiance visa?

MG- I am going to visit her place Meet her parents and relatives.

Office- sorry we can't give you a visa. apply for the fiance visa.

I don't think they asked to look at any documents. I wouldn't have liked it, but I would have been okay had they said you don't have strong ties at home, or not enough money to support yourself during the visit, or I think you might get married, or something similar. While I don't know the "official" denial reason, it seems like the officer is suggesting that he applied for the wrong type of visa, which is incorrect. A fiance visa is not for visiting, and it would have been wrong to apply for that purpose. And it would have been denied.

Thanks for listening.

Hello,

My boyfriend and I plan to begin filing for K1 visa in the coming weeks, after we have compiled all needed information. So, we obviously plan to marry at some point in the future after the K1 visa has processed, though at the moment we have not set a date, have no specific wedding plans in mind, don't know exactly when we will submit the K1 application, etc. We would like for him to visit me in the US for about two weeks on a B1/B2 visa in June this year. We feel that it is important for him to meet my family and see what my life here is like, as well as spend more time together prior to him making a permanent move on a K1 visa. We have zero intention of marrying during this trip, and it really will only be a two week trip, as that is all the time he can get off from work.

The DS-160 form asks whether you have any immediate relatives in the US, including fiance/fiancee, and asks the relationship of the person paying for the trip (friend or "other"). Any ideas on the best way to answer these questions? I think "other" may be appropriate for the relationship question, but not sure about the immediate relatives. We are not looking to hide the fact that he is visiting a significant other in the US. But, we don't want to volunteer more information than required. It's already a toss-up to whether the application will be approved, and we don't want to make an already dubious situation worse. I wrote a sample invitation letter, below, that might address the fiancee issue, but I understand that invitation letters are not helpful, and may sometimes be harmful to the application. Is there really a difference between saying "I am going to visit my girlfriend, whom I plan to marry at some point in the future" and saying "I am going to visit my fiancee, whom I plan to marry at some point in the future"?

Sample letter:

Hi (my guy),

Please use this letter as a formal invitation to visit me during summer 2014. As discussed, you may arrive anytime between May 18, 2014 and June 14, 2014 and visit for a period no longer than two weeks. This is a good time to visit, as the weather will not be too hot yet, and there will be many activities in the city and surrounding areas.

Though we have already discussed marriage, I feel that it is essential for you to first meet my family and friends, and to see something of what my life is like here before we set a date or make any specific marriage arrangements. I feel that two weeks will give you enough time to meet my relatives and see some of the area, and also allow us to spend some valuable time together. I really enjoyed my visit to New Delhi last fall, and I am looking forward to your visit as the next step in our relationship.

During your visit, you will be staying at (my address). I will be responsible for all trip-related costs, including the advance purchase of the round-trip ticket, food, lodging, transportation, etc. You can take this letter for your visa interview as part of the supporting documents for your visa application.

Thank you for your consideration, and I appreciate any insight.

Thanks

Hello, not sure whether this thread is still alive. I am a total newbie, and my guy and I have not even begun filing for any type of visa yet. We are still trying to decide which route may be best for us. We are a mixed-race couple (I, the USC, am African-American), with several additional "red flags", and don't anticipate this process to be easy. I am very glad to find this topic, and I hope that we can gain some insight and support from others who are or have been in a similar situation. Thanks!

Visa type: Not sure yet
Consulate: New Delhi
Gender of beneficiary: Male
Religious difference? Sort of, but not really. I am not baptised in any religion and will attend religious activities with him.
Religious background of beneficiary: He is baptised Sikh, and as such, respects all religions.
Age Difference? significant difference: I am 5 years older than he, but we are both 30+

Race/Class/Education Difference: I am an african-american woman, he is an indian man born and raised in india. This type of relationship is even uncommon in my part of the US. Our education is roughly the same (B.S. for both), though he has had a few years more than I of formal education. Not sure we can really compare class.

Method of meeting (online, in person, etc): We met while working together remotely; he was part of the off shore team that supports are processes in the US. We continued our relationship online, away from work.
Engagement Ceremony? None
Has beneficiary ever been to the US? No
Does beneficiary have relatives in the US? No
Family approval? Yes from my side, his side does not yet know about the relationship, though we plan to tell them before filing any paperwork

Co-Sponsor required? No
How much time has petitioner spent with beneficiary in person? 10 days recently (November 2013). Trying to plan another visit in the next few months, finances permitting.

Has the beneficiary or petitioner ever been married: No

Did the petitioner attend the interview: N/A

I can see potential problems with the lack of face time (we're poor and travel is expensive), racial differences, potentially age as well, though I really hope that the fact that we are not children works in our favor. Right how we are weighing both the decreased processing time and increased expense of a K-1 visa with the likelihood of rejection the first time around. The CR1 may have a greater chance of initial approval (maybe), but takes longer to process, plus getting married in the first place will be problematic if I have to establish any residency in Delhi first (conflicting accounts of this) or he cannot get a US visitor visa for long enough to get married and then leave. We have a lot to consider, but wanted to make an initial post. Thank you for listening!