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Everything posted by pushbrk
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Filing CR1 with previous K1 petition
pushbrk replied to Camdally's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Here we use "AOS" to mean either Affidavit of Support or Adjustment of Status. You must follow the context to apply the correct meaning. He will need to disclose the previous petition by answering the applicable I-130 question honestly and simply. "I-129F filed, visa issued, married and divorced with dates for filing and divorce. Yes any persons sponsored in getting the initial green card will count in his household size for the Affidavit of Support (AOS) this time unless they are already US Citizens. Evidence of time spent together in person carries more weight than comingling of finances does, when the two have never lived in the same country. -
Withdrawing Pending CR-1
pushbrk replied to Turkey's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Everything stays on the record. She can apply for the visa and explain she intends to follow through later with immigration. Consular Officers are required by law to assume immigrant intent in all cases, until they are convinced otherwise. -
NVC is asking us to move our case from Abu-Dhabi to Islamabad
pushbrk replied to ofa917's topic in Asia: East and Pacific
You are not being requested to move your case. You are being given an option. Just leave it alone. Your option is country of residence. -
Birth date different on passport
pushbrk replied to Mdn's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Passport and boarding passes are primary evidence of meeting and/or time spent together in person. travel logs are only helpful to explain the primary evidence. Call logs are good, but also secondary. Note that in addition to the extra up front costs associated with the fiancee visa, there's significant cost associated with being in the USA for at least six to nine months without the authorization to work. -
So, first understand words mean things. You say, "We have three children...". For K2 visas, they must be HER natural children. If YOU are the father, that changes everything. Please clarify. Assuming you are not the father of any of these children, you wait for the I-129F to be approved and to hear from Manila. Then yes, each person seeking a visa will need a visa application. That's what the DS160 is. Adding them to the petition opens a door to them all to apply for visas. Each will need a medical exam and maybe some vaccinations. None of that can be done until the visa applications and fees have been submitted. Since everybody will be in Manila, you can bring all to the interview, but even the 15 year old may not be asked any questions. Note also that each will need their own supporting documents, such as birth certificates. Only your fiancee needs an NBI report unless the 15 year old becomes 16 before the interview.
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Birth date different on passport
pushbrk replied to Mdn's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
To the original problem. Get a new passport in with the correct date of birth. If that means starting over with a new passport application, that's what you do. To change the date of birth on a passport would usually require issuing a new one anyway. This is a major issue. Get it done. -
Probably the actual decision was made by a more senior officer. That particular "why" is no longer relevant. Time to stop complaining and start writing the detailed report to send to your wife.
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You will have no opportunity to interact with NVC. In six to twelve months, your wife will receive the Notice of Intent to Revoke, from USCIS. NVC is just a pass through on the way back to USCIS. Get prepared for the response, as I already explained. This is no longer a "do it yourself" situation.
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I'm going to add that your wife should expect to hear nothing from USCIS. That gives you plenty of time to prepare any response. Start with writing a detailed report of everything that happened from the time you arrived at the Consulate, including every question asked and every answer given. Make it as complete and accurate as possible, including every word.
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Above is correct. I will translate that NOIR, means "Notice of Intent to Revoke" the approval of the I-130. Your explanation is not well explained, but it seems the Consular Officer did not believe your marriage relationship was genuine (bona fide is the term used). Probably because both you spent only a short time together and you were most likely unable to answer questions they can reasonably expect a husband in a real marriage woudl be able to answer about his wife and their relationship. Next action will be receipt of the NOIR by your wife. She will have the opportunity to provide explanation and evidence to overcome the NOIR. Time for a very detailed discussion with your wife about what happened in the interview. Explain it to her in your common language, and have her come back and give those details here. Maybe then, members can give meaningful guidance.
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How can we meet the sponsor requirement?
pushbrk replied to natanbr's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
No, not before filing the I-130, but before the NVC stage. Just get it done in the next year or so. She is unlikely to actually owe any tax, but filing is required and information from three returns is needed on the affidavit of support, even if she doesn't qualify. Just file three years, 23, 24, and 25 sometime next year. It can be done online. -
It was an example of what would hurt, not an accusation. The way you asked your initial question was suspicious. Now that you have clarified, don't expect a problem. Others have tried saying they are married when they are not, then they get caught lying and it's all over. Since your husband told the truth both times, nothing to worry about. His denials were for immigrant intent, meaning he could not overcome the required assumption. Immigrant intent is good, not bad in a spouse visa case.
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Correct. The difference in this case is the petitioner is not a US Citizen. If the husband had a child, the child could be a derivitive.
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If you are looking for a reason he was denied, then it is because he clearly has immigrant intent. If there were no actual inaccuracies in either application, then they become irrelevant to the immigrant visa application. The key is for all three applications to be accurate at the time they are/were completed. Obviosly they don't match because things changed in between.
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And is would NOT be too late, if the answer was yes. The answer is no.
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Conflicted please help
pushbrk replied to Kitty350's topic in General Immigration-Related Discussion
Concur. Filing to remove conditions will only add to the confusion.